Commission Decision
of 2 February 2000
on the procedure for attesting the conformity of construction products pursuant to Article 20(4) of Council Directive 89/106/EEC as regards flat glass, profiled glass and glass block products
(notified under document number C(1999) 5016)
(Text with EEA relevance)
(2000/245/EC)
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:
(1) 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"; 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 manuafacturer 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 required.
(2) Article 13(4) requires that the procedure thus determined must be indicated in the mandates and in the technical specifications; therefore, it is desirable to define the concept of products or family of products as used in the mandates and in the technical specifications.
(3) The two procedures provided for in Article 13(3) are described in detail in Annex III to Directive 89/106/'EEC; 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.
(4) 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.
(5) The measures provided for in this Decision are not in accordance with the opinion of the Standing Committee on Construction.
(6) The decision was submitted to the Council, which was unable to act within the three-month time period foreseen in Directive 89/106/EEC. The proposed measure is therefore adopted by the Commission,
HAS ADOPTED THIS DECISION:
Article 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.
Article 2
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 control or of the product itself.
Article 3
The procedure for attesting conformity as set out in Annex III shall be indicated in mandates for harmonised standards.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 2 February 2000.