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 the 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 section 2 (ii) of Annex III, and the procedure referred to in Article 13 (3) (b) corresponds to the systems set out in section 2 (i) of Annex III, and in the first possibility, with continuous surveillance, of section 2 (ii) 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:
Modifications etc. (not altering text)
C1Decision modified (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 3 para. 2 (as amended by S.I. 2020/1359, regs. 1, 3(4)(c)-(e)); 2020 c. 1, Sch. 5 para. 1(1)
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 production or of the product itself.
The procedure for attesting conformity as set out in Annex III shall be indicated in mandates for harmonized standards.
This Decision is addressed to the Member States.
Calcium limes,
Dolomitic limes, and
Hydraulic limes.
Portland cements,
Portland composite cements: (Portland-slag cements: A-S and B-S; Portland-silica fume cements: A-D; Portland-pozzolana cements: natural A-P, natural B-P, artificial A-Q and artificial B-Q; Portland-fly ash cements: siliceous A-V, siliceous B-V, calcareous A-W and calcareous B-W; Portland-burnt shale cements: A-T and B-T; Portland-limestone cements: A-L and B-L; Portland-composite cements: A-M and B-M),
Blastfurnace cements: A, B and C,
Pozzolanic cements: A and B, and
Composite cements: A and B.
Low heat cements,
Sulfate resisting cements,
White cements,
Sea water resisting cements, and
Low alkali cements.
For the product(s) and intended use(s) listed below, CEN/CENELEC are requested to specify the following system(s) of attestation of conformity in the relevant harmonized standard(s):
| System 1 +: | |||
| See Annex III Section 2 (i) of Directive 89/106/EEC, with audit-testing of samples taken at the factory | |||
| System 2: | |||
| See Annex III Section 2 (ii) of Directive 89/106/EEC, first possibility, including certification of the factory production control by an approved body on the basis of initial inspection of factory and of factory production control (without continous surveillance, assessment and approval of factory production control) | |||
| System 2 +: | |||
| See Annex III Section 2 (ii) of Directive 89/106/EEC, first possibility, including certification of the factory production control by an approved body on the basis of initial inspection of factory and of factory production control as well as of continuous surveillance, assessment and approval of factory production control | |||
| Product(s) | Intended use(s) | Level(s) or class(es) | Attestation of conformity system(s) |
|---|---|---|---|
| Common cements, including:
| Preparation of concrete, mortar, grout and other mixes for construction and for the manufacture of construction products | — | 1 + |
| Special cements, including:
| — | 1 + | |
| Calcium aluminate cements | — | 1 + | |
| Masonry cements | — | 1 + | |
| [F1Building lime, including:
| — | 2 +] | |
| Hydraulic road binders | Preparation of concrete, mortar, grout and other mixes for road bases stabilisation | — | 2 + |
The specification of 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, clause 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.
Textual Amendments
F1 Substituted by Commission Decision of 9 November 2010 amending Decision 97/555/EC on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards cements, building limes and other hydraulic binders (notified under document C(2010) 7603) (Text with EEA relevance) (2010/683/EU).