EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2017) XXX  draft  
  
COMMISSION DELEGATED DECISION (EU) …/…  
of XXX  
on the applicable systems to assess and verify constancy of performance of metal faced 
sandwich panels for structural use pursuant to Regulation (EU) No 305/2011 of the 
European Parliament and of the Council  
(Text with EEA relevance)    
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
According to Article 28 of Regulation (EU) No 305/2011 of the European Parliament and of 
the Council of 9 March 2011 laying down harmonised conditions for the marketing of 
construction products and repealing Council Directive 89/106/EEC1, assessment and 
verification of constancy of performance  (AVCP) of construction products  in relation to their 
essential characteristics is to be carried out in accordance with the systems set out in Annex V 
to Regulation (EU) No 305/2011.  
Pursuant to Articles 28(2) and 60(h) of Regulation (EU) No 305/2011, the Commission is 
delegated the task of establishing the AVCP systems of construction products, relating to a 
given product, a given product family or a given essential characteristic, taking into account 
the considerations laid down in those provisions.  
For m etal face d sandwich panels not intended for structural use, the applicable AVCP systems 
are defined in Commission Decision 98/436/EC2 and Commission Decision 98/437/EC3. For 
metal faced sandwich panels intended for structural use, an appropriate decision f or 
establishing the AVCP systems does not yet exist.  
Pursuant to Article 28(2), the choice of the AVCP systems should aim at the least onerous 
system for the manufacturers, when account is taken of all the relevant considerations.  
Under the existing circum stances, experience on the behaviour of the products in question 
during their working life has demonstrated that regarding the essential characteristics related 
to the mechanical resistance and stability, the assessment of their performance should be left 
to the manufacturer, but a third party should carry out the certification of the factory 
production control before these products are placed on the market. A more onerous system is 
not considered necessary regarding the essential characteristics related to  the mechanical 
resistance and stability.  
Furthermore, for the reaction to fire performance, the customary choice of systems 1, 3 or 4 
should be considered appropriate also for these products regarding this essential characteristic 
only. Pursuant to Articl e 28(2) of Regulation (EU) No 305/2011, the AVCP systems to be 
established can be differentiated only on the basis of the families of construction products or 
concerning certain essential characteristics. To distinguish between situations where system 1, 
system 3 or system 4 is chosen to be applied for reaction to fire, the only manner to proceed is 
thus to make reference to different subfamilies of products. These distinctions should also be 
clear and unambiguous, and they should not exclude any subfamilie s of the whole product 
family covered by the draft Decision, as defined in the Annex.  
Regarding all other essential characteristics, the product performance is similar to that of 
metal faced sandwich panels not intended for structural use. For this reason the systems for 
metal faced sandwich panels for structural use should also follow the choices made in 
Commission Decision 98/436/EC and Commission Decision 98/437/EC for metal faced 
sandwich panels not intended for structural use.  
                                                 
1 OJ L 88, 4.4.2011, p. 5.  
2 Commission Decision 98/436/EC of 22 June 1998 on the procedure for attest ing the conformity of 
construct ion products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards roof 
coverings, rooflights, roof windows and ancillary products (OJ L 194, 10.7.1998, p. 30).  
3 Commission Decision 98/437 /EC of 30 June 1998 on the procedure for attest ing the conformity of 
construct ion products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards internal and 
external wall and ceiling finishes (OJ L 194, 10.7.1998, p. 39).   
EN 3   EN 2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The draft Decision was discussed in the meeting of the Advisory Group on Construction 
Products4 (the AG) on 9 December 2016 and also submitted for written consultation of the 
experts between 25 November 2016 and 16 January 2017. Be fore these steps, all Member 
States were presented an opportunity to nominate experts to participate. In addition to these 
experts, also other external stakeholders were consulted. The documents discussed in the AG  
and relevant to the written consultation were transmitted simultaneously to the European 
Parliament and to the Council as foreseen in the Common Understanding on delegated acts. 
The observations presented in these contexts were taken into account when preparing the final 
draft version of this act  for the inter -service consultation.  
It was published for public feedback on the Better Regulation Portal from … to … 2017; 
[wording on feedback and any follow -up to be included subsequently ]. 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
Pursuant to Articles 28(2) and 60(h) of Regulation (EU) No 305/2011, AVCP systems of 
construction products, as set out in Annex V to Regulation (EU) No 305/2011, are to be 
established by delegated acts of the Commission, to be applicable to a given product, a given 
product fam ily or a given essential characteristic, taking into account the considerations laid 
down in those provisions.  
When establishing the AVCP systems, pursuant to Article 28(2) of Regulation (EU) No 
305/2011, the Commission shall take into account the effect o n the health and safety of people 
and choose the least onerous systems consistent with the fulfilment of all basic requirements 
for construction works. Pursuant to Article 60(h) of Regulation (EU) No 305/2011, this shall 
be done in accordance with the impa ct of the product to this fulfilment during its expected 
working life.  
Based on these provisions and the factual experience gathered on the behaviour and use of the 
family of construction products in question, the draft Decision should therefore establish 
system 2+ as the least onerous one for metal faced sandwich panels for structural use, for all 
essential characteristics related to the mechanical resistance and stability. System 2+ is the 
system applicable for metallic products with structural use as def ined in Commission 
Decision 98/214/EC5. For all other essential characteristics, the AVCP systems should be 
established following the choices made in Commission Decision 98/436/EC and Commission 
Decision 98/437/EC concerning sandwich panels not intended fo r structural use.  
The draft Decision therefore conforms to the principle of proportionality. For those reasons, 
the draft Decision is expected to serve the interests of the construction sector as a whole.  
                                                 
4 Code E01329 in the Regist er of Commission Expert Groups and other Similar Entities.  
5 Commission Decision 98/214/EC of 9 March 1998 on the procedure for attest ing the conformity of 
construct ion products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards structura l 
metallic products and ancillaries (OJ L 80, 18.3.1998, p. 46).   
EN 4   EN COMMISSION DELEGATED DECISION (EU) …/…  
of XXX  
on the applicable systems to assess and verify constancy of performance of metal faced 
sandwich panels for structural use pursuant to Regulation (EU) No 305/ 2011 of the 
European Parliament and of the Council  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard  to Regulation (EU) No 305/2011 of the European Parliament and of the 
Council of 9 March 2011 laying down harmonised conditions for the marketing of 
construction products and repealing Council Directive 89/106/EEC1, and in particular Article 
28 and Article 60(h)  thereof,  
Whereas:  
(1) An appropriate decision for  assessment and ve rification of constancy of performance 
does not exist for  metal faced sandwich panels for structural use  ('sandwich panels') . It 
is therefore necessary to establish which systems of assessment and  verification of 
constancy of performance are applicable to the sandwich panels.  
(2) This Decision should only apply to products not within the scope of other 
corresponding acts of Union law. Thus, it should not apply to metal faced sandwich 
panels not intended for structural use since they are already covered by Commi ssion 
Decision 98/436/EC2 and Commission Decision 98/437/EC3, 
HAS ADOPTED THIS DECISION:  
Article 1  
This Decision applies to metal faced sandwich panels for structural use.  
Article 2  
The sandwich panels  referred to in Article 1 shall be assessed and verified for constancy of 
performance in relation to their essential characteristics in accordance with the systems 
specified in the Annex.  
                                                 
1 OJ L 88, 4.4.2011 , p. 5. 
2 Commission Decision 98/437 /EC of 30 June 1998 on the procedure for attest ing the conformity of 
construct ion products pursuant to Article 20(2) of Council Directiv e 89/106/EEC as regards internal and 
external wall and ceiling finishes (OJ L 194, 10.7.1998, p. 39).  
3 Commission Decision 98/437 /EC of 30 June 1998 on the procedure for attest ing the conformity of 
construct ion products pursuant to Article 20(2) of Counci l Directive 89/106/EEC as regards internal and 
external wall and ceiling finishes (OJ L 194, 10.7.1998, p. 39).   
EN 5   EN Article 3 
This Decision shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude Juncker