1996D0578 — EN — 02.08.2001 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION DECISION
of 24 June 1996
on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of
Council Directive 89/106/EEC as regards sanitary appliances
(Text with EEA relevance)
(96/578/EC)
(OJ L 254, 8.10.1996, p. 49)
Amended by:
Official Journal
No page date
►M1Commission Decision 2001/596/EC of8 January 2001 L 209 33 2.8.2001
▼B
COMMISSION DECISION
of 24 June 1996
on the procedure for attesting the conformity of construction
products pursuant to Article 20 (2) of Council Directive 89/106/EEC
as regards sanitary appliances
(Text with EEA relevance)
(96/578/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/106/EEC of21 December 1988
on the approximation oflaws, regulations and administrative provisions
ofthe 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) ofDirective 89/106/EEC f or attesting
the conformity of a product, the ‘least onerous possible procedure
consistent with safety’; whereas this means that it is necessary to decidewhether, for a given product or family of products, the existence of afactory production control system under the responsibility of themanufacturer is a necessary and sufficient condition for an attestationof conformity, or whether, for reasons related to compliance with the
criteria mentioned in Article 13 (4), the intervention ofan 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 necessarytherefore 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 point (a) of Article 13 (3)
corresponds to the systems set out in the first possibility, without
continuous surveillance, and the second and third possibilities ofpoint
(ii) ofsection 2 ofAnnex III, and the procedure ref erred to in point (b)ofArticle 13 (3) corresponds to the systems set out in point (i) ofsection2 ofAnnex III, and in the f irst possibility, with continuous surveillance,ofpoint (ii) ofsection 2 ofAnnex III;
Whereas the measures provided for in this Decision are in accordance
with the opinion ofthe Standing Committee on Construction,
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 underits sole responsibility a factory production control system ensuring thatthe 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 systemoperated by the manufacturer, an approved certification body is involved1996D0578 — EN — 02.08.2001 — 001.001 — 2
(1) OJ No L 40, 11. 2. 1989, p. 12.
(2) OJ No L 220, 30. 8. 1993, p. 1.
▼B
in assessment and surveillance ofthe production control or ofthe
product itself.
Article 3
The procedure for attesting conformity as set out in Annex III shall be
indicated in mandates for harmonized standards.
Article 4
This Decision is addressed to the Member States.1996D0578 — EN — 02.08.2001 — 001.001 — 3
▼B
ANNEX I
SANITARY APPLIANCES
Sinks, basins and communal troughs; bath tubs; shower trays; bidets; urinals;
water closet bowls or pans; earth, chemical and composting closets; macerating
toilets; squatting toilets; flushing cisterns; whirlpool baths; shower and bath
screens or enclosures.
Modular public toilets and toilet pods other than those specified in Annex II.1996D0578 — EN — 02.08.2001 — 001.001 — 4
▼M1
▼B
ANNEX II
SANITARY APPLIANCES
Modular public toilets and toilet pods with finishes using materials falling into
classes A1(1), A2 (1), B (1), C (1).1996D0578 — EN — 02.08.2001 — 001.001 — 5
(1) Products/materials for which a clearly identifiable stage in the production process results
in an improvement of the reaction to fire classification (e.g. an addition of fire retardants
or a limiting oforganic material).▼M1
▼B
ANNEX III
PRODUCT FAMILY
SANITARY APPLIANCES (1/1)
System of attestation of conformityFor the product(s) and intended use(s) listed below, European Committee for Standardization/European
Committee for Electrotechnical Standardization (CEN/Cenelec) are requested to specify the following
system(s) ofattestation ofconf ormity in the relevant harmonized standard(s):
Product(s) Intended use(s)Level(s) or class(es)
Reaction to fire (1)Attestation of
conformity
system(s)
Sinks, basins and communal
troughs; bath tubs and shower
trays; bidets; urinals; water closet
bowls or pans; earth, chemical and
composting closets; macerating
toilets; squatting toilets; flushing
cisterns; whirpool baths; shower
and bath screens and enclosures
and preformed toilet modulesPersonal hygiene — 4 (4)
Modular public toilets, and prefab-
ricated toilet podsPersonal hygiene ►M1A1 (2),
A2 (2), B (2),
C(2)◄1(5)
►M1A1 (3),
A2 (3), B (3), C (3),
D, E◄3(6)
►M1(A1 to E) (7),
F◄4(4)
(1) For reaction to fire, see ►M1Commission Decision 2000/147/EC (OJ L 50, 23.2.2000, p. 14) ◄
(2)►M1Products/materials for which a clearly identifiable stage in the production process results in an
improvement of the reaction to fire classification (e.g. an addition of fire retardants or a limiting of organicmaterial) ◄.
(
3)►M1Products/materials not covered by footnote 2 ◄.
(5) System 1: See Annex III section 2 point (i) ofDirective 89/106/EEC, without audit-testing ofsamples.
(6) System 3: See Annex III section 2 point (ii) ofDirective 89/106/EEC, second possibility.
(4) System 4: See Annex III section 2 point (ii) ofDirective 89/106/EEC, third possibility.
►M1(7) Products/materials that do not require to be tested for reaction to fire (e.g. Products/materials of Classes
A1 according to Commission Decision 96/603/EC). ◄
The specification for 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. ofthe Interpretative Documents). In those cases the verif ication ofsuch a
characteristic must not be imposed on the manufacturer if he does not wish to declare the performance
ofthe product in that respect.1996D0578 — EN — 02.08.2001 — 001.001 — 6