COMMISSION DECISION of 9 September 1994 implementing Article 20 of Directive 89/106/EEC on construction products (94/611/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 last amended by Directive 93/68/EEC (2), and in particular
Articles 3, 6 and 20 thereof,
Having regard to the Commission communication with regard to the interpretative documents of Directive 89/106/EEC,
Whereas Article 3 (2) of Directive 89/106/EEC states that in order to take account of different levels of protection for the construction works that may prevail at national, regional or local levels, each essential requirement may give rise to the establishment of classes in the interpretative documents and the technical specifications;
Whereas paragraph 4.2.1 of interpretative document No 2 'Safety in case of fire' justifies the need of different levels of the Essential Requirement as function of:
- the type, use and location of the construction work,
- its layout,
- the availability of the emergency facilities;
Whereas paragraph 2.2 of interpretative document No 2 lists a number of interrelated measures for the satisfaction of the Essential Requirement 'Safety in case of fire' that together contribute to define the fire safety strategy that can be developed in different ways in Member States;
Whereas paragraph 4.2.3.3 of interpretative document No 2 identifies one of these measures prevailing in Member States that consist in the limitation of the generation and spread of fire and smoke within the room of origin (or in a given area) by limiting the contribution of construction products to the full development of a fire;
Whereas the definition of classes of the essential requirement partially depends on the level of such a limitation;
Whereas the level of this limitation may be expressed only by different levels of reaction to fire performances of the products in their end use conditions;
Whereas paragraph 4.3.1.1 of interpretative document No 2 specifies that to enable reaction to fire performance of products to be evaluated, a harmonized solution will be developed which may utilize full or bench scale tests that are correlated to relevant real fire scenarios;
Whereas this solution lies in a system of classes that are not included in the interpretative document;
Whereas the system of classes identified for this purpose refers to a number of test methods already defined by the standardization bodies, with the exception of the one called Single Burning Item (SBI);
Whereas the thresholds of classes B, C, D will be indicated later with a new decision which will take place as far as the development of the SBI will make it possible;
Whereas Article 20 (2) of Directive 89/106/EEC specifies the procedure to be followed for the adoption of the provision necessary for the establishment of classes of requirements in so far as they are not included in the interpretative documents;
Whereas the Standing Committee for construction was consulted, in accordance with the procedure laid down in Article 20 (3) of the Directive, and provided a positive opinion,
HAS ADOPTED THIS DECISION:
Article 1
1. When the end-use condition of a construction product is such that it contributes to the generation and spread of fire and smoke within the room of origin (or in a given area), the product will be classified on the base of its reaction-to-fire performances having regard to the classification system listed in Tables 1 and 2 of the Annex.
2. Products will be considered in their end-use conditions.
3. Table 1 applies to the following cases:
- products for walls and ceilings including their surface coverings,
- building elements,
- products incorporated within building elements,
- pipes and duct components,
- products for facades/external walls.
Table 2 applies to floors including their surface coverings.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 9 September 1994.