1998D0213 — EN — 02.08.2001 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

Official Journal No page date ►M1 Commission Decision of 8 January 2001 L 209 33 2.8.2001

▼B

COMMISSION DECISION

of 9 March 1998

on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards internal partition kits

(Text with EEA relevance)

(98/213/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 the Commission is required to select, as between the two procedures under Article 13(3) of Directive 89/106/EEC for attesting for conformity of a product, the ‘least onerous possible procedure consistent with safety’; whereas 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 manufacturer 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 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 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; Whereas 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 point (ii) of section 2 of Annex III, and the procedure referred to in Article 13(3)(b) corresponds to the systems set out in point (i) of section 2 of Annex III, and in the first possibility, with continous surveillance, of point (ii) of section 2 of Annex III; 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 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 producton 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 European technical specifications.

Article 4

This Decision is addressed to the Member States.

ANNEX I

Internal partition kits, with materials of Euroclasses ►M1 A1 ( 3 ), A2 ( 4 ), B ( 5 ), C ( 6 ), D, E, (A1 to E) ( 7 ), F ◄ , intended for uses subject to reaction to fire requirements.

Internal partition kits intended for fire compartmentation.

Internal partition kits intended for uses subject to regulations on dangerous substances.

Internal partition kits intended for uses subject to regulations on ‘safety in use’.

Internal partition kits intended for other uses.

ANNEX II

Internal partition kits, with materials of Euroclasses ►M1 A1 ( 8 ), A2 ( 9 ), B ( 10 ), C ( 11 ) ◄ , intended for uses subject to reaction to fire requirements.

ANNEX III

ATTESTATION OF CONFORMITY

Note:

for kits having more than one of the intended uses specified in the following families, the tasks for the approved body, derived from the relevant systems of attestation of conformity, are cumulative.

PRODUCT FAMILY

INTERNAL PARTITION KITS (1/5)

1. Systems of attestation of conformity

For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant guideline for European technical approval:



Product(s) Intended use(s) Level(s) or class(es) (reaction to fire) Attestation of conformity system(s) Internal partition kits For uses subject to reaction to fire requirements ►M1 A1 (1), A2 (1), B (1), C (1) ◄ 1 (2) ►M1 A1 (3), A2 (3), B (3), C (3), D, E ◄ 3 (4) ►M1 (A1 to E) (6), F ◄ 4 (5) (1) ►M1 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 of organic material). ◄ (2) System 1: See Annex III(2)(i) to Directive 89/106/EEC, without audit-testing of samples. (3) ►M1 Products/materials not covered by footnote (1). ◄ (4) System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility. (5) System 4: See Annex III(2)(ii) to Directive 89/106/EEC, third possibility. (6) 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).

2. Conditions to be applied by EOTA on the specifications of the attestation of conformity system

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 of all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.

PRODUCT FAMILY

INTERNAL PARTITION KITS (2/5)

1. Systems of attestation of conformity

For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant guideline for European technical approval:



Product(s) Intended use(s) Level(s) or class(es) (fire resistance) Attestation of conformity system(s) Internal partition kits For fire compartmentation any 3 (1) (1) System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility.

2. Conditions to be applied by EOTA on the specifications of the attestation of conformity system

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 of all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.

PRODUCT FAMILY

INTERNAL PARTITION KITS (3/5)

1. Systems of attestation of conformity

For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant Guideline for European Technical Approvals:



Product(s) Intended use(s) Level(s) or class(es) Attestation of conformity system(s) Internal partition kits For uses subject to regulations on dangerous substances (1) — 3 (2) (1) In particular, those dangerous substances defined in Council Directive 76/769/EEC, as amended. (2) System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility.

2. Conditions to be applied by EOTA on the specifications of the attestation of conformity system

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 of all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.

PRODUCT FAMILY

INTERNAL PARTITION KITS (4/5)

1. Systems of attestation of conformity

For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant Guideline for European Technical Approvals:



Product(s) Intended use(s) Level(s) or class(es) Attestation of conformity system(s) Internal partition kits For uses liable to present ‘safety-in-use’ risks and subject to such regulations — 3 (1) (1) System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility.

2. Conditions to be applied by EOTA on the specifications of the attestation of conformity system

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, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.

PRODUCT FAMILY

INTERNAL PARTITION KITS (5/5)

1. Systems of attestation of conformity

For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant Guideline for European Technical approvals:



Product(s) Intended use(s) Level(s) or class(es) Attestation of conformity system(s) Internal partition kits For uses other than those mentioned in 1/5, 2/5, 3/5 and 4/5 — 4 (1) (1) System 4: See Annex III(2)(ii) to Directive 89/106/EEC, third possibility.

2. Conditions to be applied by EOTA on the specifications of the attestation of conformity system

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, point 1.2.3 of the interpretative documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect.

( 1 ) OJ L 40, 11. 2. 1989, p. 12.

( 2 ) OJ L 220, 30. 8. 1993, p. 1.

( 3 ) Products/materials not covered by footnote 2 in Annex II

( 4 ) Products/materials not covered by footnote 2 in Annex II

( 5 ) Products/materials not covered by footnote 2 in Annex II

( 6 ) Products/materials not covered by footnote 2 in Annex II

( 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).

( 8 ) 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 of organic material).

( 9 ) 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 of organic material).

( 10 ) 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 of organic material).

( 11 ) 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 of organic material).