THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(1), as amended by Directive 93/68/EEC(2), and in particular Article 13(4) thereof,
Whereas the Commission is required to select, as between the two procedures under Article 13(3) of Directive 89/106/EEC for attesting for conformity of a product, the ‘least onerous possible procedure consistent with safety’; whereas this means that it is necessary to decide whether, for a given product or family of products, the existence of a factory production control system under the responsibility of the manufacturer is a necessary and sufficient condition for an attestation of conformity, or whether, for reasons related to compliance with the criteria mentioned in Article 13(4), the intervention of an approved certification body is therefore required;
Whereas Article 13(4) requires that the procedure thus determined must be indicated in the mandates and in the technical specifications; whereas, therefore, it is desirable to define the concept of products or family of products as used in the mandates and in the technical specifications;
Whereas the two procedures provided for in Article 13(3) are described in detail in Annex III to Directive 89/106/EEC; whereas it is necessary therefore to specify clearly the methods by which the two procedures must be implemented, by reference to Annex III, for each product or family of products, since Annex III gives preference to certain systems;
Whereas the procedure referred to in Article 13(3)(a) corresponds to the systems set out in the first possibility, without continuous surveillance, and the second and third possibilities of point (ii) of section 2 of Annex III, and the procedure referred to in Article 13(3)(b) corresponds to the systems set out in point (i) of section 2 of Annex III, and in the first possibility, with continous surveillance, of point (ii) of section 2 of Annex III;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Construction,
HAS ADOPTED THIS DECISION:
The products and families of products set out in Annex I shall have their conformity attested by a procedure whereby the manufacturer has under its sole responsibility a factory production control system ensuring that the product is in conformity with the relevant technical specifications.
The products set out in Annex II shall have their conformity attested by a procedure whereby, in addition to a factory production control system operated by the manufacturer, an approved certification body is involved in assessment and surveillance of the producton control or of the product itself.
The procedure for attesting conformity as set out in Annex III shall be indicated in mandates for European technical specifications.
The procedure for attesting conformity as set out in Annex IV shall be indicated in mandates for harmonised European standards.]
Textual Amendments
F1 Inserted by Commission Implementing Decision of 26 March 2012 amending Decision 98/213/EC on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards internal partition kits (notified under document C(2012) 1866) (Text with EEA relevance) (2012/201/EU).
This Decision is addressed to the Member States.
Internal partition kits, with materials of Euroclasses [F2A1 (3) , A2 (3) , B (3) , C (3) , D, E, (A1 to E) (4) , F], intended for uses subject to reaction to fire requirements.
Textual Amendments
F2 Substituted by Commission Decision of 8 January 2001 amending Decisions 95/467/EC, 96/578/EC, 96/580/EC, 97/176,EC, 97/462/EC, 97/556/EC, 97/740/EC, 97/808/EC, 98/213/EC, 98/214/EC, 98/279/EC, 98/436/EC, 98/437/EC, 98/599/EC, 98/600/EC, 98/601/EC, 1999/89/EC, 1999/90/EC, 1999/91/EC, 1999/454/EC, 1999/469/EC, 1999/470/EC, 1999/471/EC, 1999/472/EC, 2000/245/EC, 2000/273/EC and 2000/447/EC on the procedure for attesting the conformity of certain construction products pursuant to Article 20 of Council Directive 89/106/EEC (notified under document number C(2000) 3695) (Text with EEA relevance) (2001/596/EC).
Internal partition kits intended for fire compartmentation.
Internal partition kits intended for uses subject to regulations on dangerous substances.
Internal partition kits intended for uses subject to regulations on ‘safety in use’.
Internal partition kits intended for other uses.
Internal partition kits, with materials of Euroclasses [F2A1 (5) , A2 (5) , B (5) , C] (5), intended for uses subject to reaction to fire requirements.
for kits having more than one of the intended uses specified in the following families, the tasks for the approved body, derived from the relevant systems of attestation of conformity, are cumulative. U.K.
For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant guideline for European technical approval:
| a [F2Products/materials for which a clearly identifiable stage in the production process results in an improvement of the reaction to fire classification (e.g. an addition of fire retardants or a limiting of organic material).] | |||
| b System 1: See Annex III(2)(i) to Directive 89/106/EEC, without audit-testing of samples. | |||
| c [F2Products/materials not covered by footnote ( 1 ).] | |||
| d System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility. | |||
| e System 4: See Annex III(2)(ii) to Directive 89/106/EEC, third possibility. | |||
| f [F3Products/materials that do not require to be tested for reaction to fire (e.g. Products/materials of Classes A1 according to Commission Decision 96/603/EC).] | |||
| Product(s) | Intended use(s) | Level(s) or class(es)(reaction to fire) | Attestation of conformity system(s) |
|---|---|---|---|
| Internal partition kits | For uses subject to reaction to fire requirements | [F2A1 a , A2 a , B a , C] a | 1b |
| [F2A1 c , A2 c , B c , C c , D, E] | 3d | ||
| [F2(A1 to E) f , F] | 4e | ||
Textual Amendments
F3 Inserted by Commission Decision of 8 January 2001 amending Decisions 95/467/EC, 96/578/EC, 96/580/EC, 97/176,EC, 97/462/EC, 97/556/EC, 97/740/EC, 97/808/EC, 98/213/EC, 98/214/EC, 98/279/EC, 98/436/EC, 98/437/EC, 98/599/EC, 98/600/EC, 98/601/EC, 1999/89/EC, 1999/90/EC, 1999/91/EC, 1999/454/EC, 1999/469/EC, 1999/470/EC, 1999/471/EC, 1999/472/EC, 2000/245/EC, 2000/273/EC and 2000/447/EC on the procedure for attesting the conformity of certain construction products pursuant to Article 20 of Council Directive 89/106/EEC (notified under document number C(2000) 3695) (Text with EEA relevance) (2001/596/EC).
The specification for the system should be such that it can be implemented even where performance does not need to be determined for a certain characteristic, because at least one Member State has no legal requirement of all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.
For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant guideline for European technical approval:
| a System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility. | |||
| Product(s) | Intended use(s) | Level(s) or class(es)(fire resistance) | Attestation of conformity system(s) |
|---|---|---|---|
| Internal partition kits | For fire compartmentation | any | 3a |
The specification for the system should be such that it can be implemented even where performance does not need to be determined for a certain characteristic, because at least one Member State has no legal requirement of all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.
For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant Guideline for European Technical Approvals:
| a In particular, those dangerous substances defined in Council Directive 76/769/EEC, as amended. | |||
| b System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility. | |||
| Product(s) | Intended use(s) | Level(s) or class(es) | Attestation of conformity system(s) |
|---|---|---|---|
| Internal partition kits | For uses subject to regulations on dangerous substancesa | — | 3b |
The specification for the system should be such that it can be implemented even where performance does not need to be determined for a certain characteristic, because at least one Member State has no legal requirement of all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.
For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant Guideline for European Technical Approvals:
| a System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility. | |||
| Product(s) | Intended use(s) | Level(s) or class(es) | Attestation of conformity system(s) |
|---|---|---|---|
| Internal partition kits | For uses liable to present ‘safety-in-use’ risks and subject to such regulations | — | 3a |
The specification for the system should be such that it can be implemented even where performance does not need to be determined for a certain characteristic, because at least one Member State has no legal requirement at all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.
For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant Guideline for European Technical approvals:
| a System 4: See Annex III(2)(ii) to Directive 89/106/EEC, third possibility. | |||
| Product(s) | Intended use(s) | Level(s) or class(es) | Attestation of conformity system(s) |
|---|---|---|---|
| Internal partition kits | For uses other than those mentioned in 1/5, 2/5, 3/5 and 4/5 | — | 4a |
The specification for the system should be such that it can be implemented even where performance does not need to be determined for a certain characteristic, because at least one Member State has no legal requirement at all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.
For the product(s) and intended use(s) listed below, the European Committee for Standardisation (CEN) is requested to specify the following system of attestation of conformity in the relevant harmonised European standards:
| System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility. | |||
| Product(s) | Intended use(s) | Level(s) or class(es) | Attestation of conformity system(s) |
|---|---|---|---|
| Internal partition kits/systems | For all uses not subject to reaction to fire requirements | any | 3 |
The specification for the system must be such that it may be implemented even where it is not necessary to determine the performance for a certain characteristic, because at least one Member State has no legal requirement for that characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases, the verification of such a characteristic must not be imposed on the manufacturer if it does not wish to declare the performance of the product in that respect.
For the product(s) and intended use(s) listed below, CEN is requested to specify the following system(s) of attestation of conformity in the relevant harmonised European standard:
| a Products or materials for which a clearly identifiable stage in the production process results in an improvement of the reaction to fire classification (for example, the addition of fire retardants or the limitation of organic material). | |||
| b Products or materials not covered by footnote a . | |||
| c Products or materials that are not required to be tested for reaction to fire (for example, products or materials of Class A1 in accordance with Commission Decision 96/603/EC ( OJ L 267, 19.10.1996, p. 23 )). | |||
| System 1: See Annex III(2)(i) to Directive 89/106/EEC, without audit-testing of samples. | |||
| System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility. | |||
| System 4: See Annex III(2)(ii) to Directive 89/106/EEC, third possibility. | |||
| Product(s) | Intended use(s) | Level(s) or class(es) (reaction to fire) | Attestation of conformity system(s) |
|---|---|---|---|
| Internal partition kits/systems | Uses subject to reaction to fire requirements | A1 a , A2 a , B a , C a | 1 |
| A1 b , A2 b , B b , C b , D, E | 3 | ||
| (A1 to E) c , F | 4 | ||
The specification for the system must be such that it may be implemented even where it is not necessary to determine the performance for a certain characteristic, because at least one Member State has no legal requirement for that characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases, the verification of such a characteristic must not be imposed on the manufacturer if it does not wish to declare the performance of the product in that respect.]
[F2Products/materials not covered by footnote 2 in Annex II]
[F2Products/materials that do not require to be tested for reaction to fire (e.g. Products/materials of Classes A1 according to Commission Decision 96/603/EC).]
[F2Products/materials for which a clearly identifiable stage in the production process results in an improvement of the reaction to fire classification (e.g. an addition of fire retardants or a limiting of organic material).]
Textual Amendments
F2 Substituted by Commission Decision of 8 January 2001 amending Decisions 95/467/EC, 96/578/EC, 96/580/EC, 97/176,EC, 97/462/EC, 97/556/EC, 97/740/EC, 97/808/EC, 98/213/EC, 98/214/EC, 98/279/EC, 98/436/EC, 98/437/EC, 98/599/EC, 98/600/EC, 98/601/EC, 1999/89/EC, 1999/90/EC, 1999/91/EC, 1999/454/EC, 1999/469/EC, 1999/470/EC, 1999/471/EC, 1999/472/EC, 2000/245/EC, 2000/273/EC and 2000/447/EC on the procedure for attesting the conformity of certain construction products pursuant to Article 20 of Council Directive 89/106/EEC (notified under document number C(2000) 3695) (Text with EEA relevance) (2001/596/EC).