COMMISSION DECISION of 31 May 1995 implementing Article 20 (2) of Council Directive 89/106/EEC on construction products (95/204/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 thereof,
Whereas Article 13 (3) of Directive 89/106/EEC provides two different procedures for attestation of conformity for a product; whereas Article 13 (4) requires the choice of the procedure within the meaning of the abovementioned Article 13 (3) for a given product or family of products to be specified by the Commission, after consulting the Standing Committee on Construction;
Whereas this choice between the two procedures has to be specified according to the criteria stipulated by Article 13 (4);
Whereas it is provided in Article 13 (4) that in the case of each procedure there is a requirement for the Commission to select the 'least onerous possible procedure consistent with safety`; this means that for an attestation of conformity for a given product or family of products either a factory production control system under the responsibility of the manufacturer is necessary, or there must be evidence for particular products that for reasons related to the satisfaction of the criteria mentioned under Article 13 (4), the intervention of an approved certification body is required;
Whereas it is required by Article 13 (4) that the procedure thus determined must be indicated in the mandates and in the technical specifications; whereas, therefore, it is desirable to adopt the definition of products or family of products as used in the mandates and in the technical specifications;
Whereas account must be taken of the fact that the two procedures provided in Article 13 (3) are described in detail in Annex 3; it is necessary therefore to specify clearly the methods by which the two procedures must be implemented, in conjunction with Annex 3, for each product or family or products, since Annex 3 gives preference to certain systems;
Whereas the procedure specified in Article 13 (3) (a) corresponds to the systems in Annex 3 under point 2 (ii) first possibility without continuous surveillance, second and third possibilities and the procedure specified in Article 13 (3) (b) corresponds to the systems of Annex 3 under point 2 (i) and 2 (ii) first possibility with continuous surveillance;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Construction,
HAS ADOPTED THIS DECISION:
Article 1
The products and families of products set out in Annex 1 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 2 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 set out in Annex 3 shall be given in mandates for standards.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 31 May 1995.