1998D0437 — EN — 01.07.1998 — 000.001 — 1
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►B COMMISSIONDECISION
of30June1998
ontheprocedureforattestingtheconformityofconstructionproductspursuanttoArticle20(2)of
CouncilDirective 89/106/EECasregardsinternalandexternalwallandceilingfinishes
(notified under document number C(1998) 1611)
(TextwithEEArelevance)
(98/437/EC)
(OJ L 194, 10.7.1998, p. 39)
Corrected by:
►C1Corrigendum, OJ L 278, 15.10.1998, p. 51 (98/437/EC)
▼B
COMMISSIONDECISION
of30June1998
on the procedure for attesting the conformity of construction
products pursuant to Article 20(2) of Council Directive 89/106/
EECasregardsinternalandexternal wallandceiling finishes
(notified under document number C(1998) 1611)
(TextwithEEArelevance)
(98/437/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 Statesrelating to cons truction products (1), asamended
by Directive 93/68/EEC(2), and in particular Article 13(4) thereof,
Whereas the Commission is required to select, as between the two
procedurespurs uant to Article 13(3) of Directive 89/106/EEC for
attesting the conformity of a product, the ‘least onerous possible proce-dure consistent with safety’; whereas this means that it is necessary todecide whether, for a given product or family of products, the existenceof a factory production control system under the responsibility of themanufacturer 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 approvedcertification body isrequired;
WhereasArticle 13(4) requiresthat the procedure thusdetermined mus t
be indicated in the mandates and in the technical specifications;
whereas, therefore, it is desirable to define the concept of products orfamily of products as used in the mandates and in the technical speci-fications;
Whereasthe two proceduresprovided for in Article 13(3) are des cribed
in detail in Annex III to Directive 89/106/EEC; whereas it is necessary
therefore to specify clearly the methods by which the two proceduresmust be implemented, by reference to Annex III, for each product orfamily of products, since Annex III gives preference to certain systems;
Whereasthe procedure referred to in point (a) of Article 13(3) corre-
sponds to the systems set out in the first possibility, withoutcontinuous surveillance, and the second and third possibilities of point(ii) of Section 2 of Annex III, and the procedure referred to in point (b)of Article 13(3) corresponds to the systems set out in point (i) ofSection 2 of Annex III, and in the first possibility, with continuous
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 technicalspecifications.1998D0437 — EN — 01.07.1998 — 000.001 — 2
(1) OJ L 40, 11. 2. 1989, p. 12.
(2) OJ L 220, 30. 8. 1993, p. 1.
▼B
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 orof 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.1998D0437 — EN — 01.07.1998 — 000.001 — 3
▼B
ANNEX I
Panels intended to be used as internal or external finishes, as complete elements,
for fire protection of wallsor ceilings .
Suspended ceilings (kits) intended to be used as internal or external finishes for
fire protection of ceilings.
Panels intended to be used as internal or external stiffening elements in walls
and ceilings.
Tiles and panels, of brittle materials, intended to be used as internal or external
finishes in walls or ceilings subject to requirements against accidental injuries
from cutting objects.
Suspended ceilings (kits) intended to be used as internal or external finishes in
ceilings subject to safety in use requirements.
Tiles and panels intended to be used in internal or external suspended ceilings
subject to safety in use requirements.
Featured profiles and suspending frames intended to support internal or external
wall or ceiling finishes and suspended ceilings subject to safety in use require-
ments.
Wall coverings in roll form and ceiling linings, of material of classes A(1), B (1),
C(1), A (without testing), D, E and F, intended to be used as internal finishes in
walls and ceilings subject to reaction to fire regulations.
Shingles and cladding slabs, of materials of classes A (1), B (1), C (1), A (without
testing), D, E and F, intended to be used as external finishes in walls and ceil-
ings subject to reaction to fire regulations.
Suspended ceilings (kits), using components of materials of classes A (1), B (1),
C(1), A (without testing), D, E and F, intended to be used as internal or external
finishes in ceilings subject to reaction to fire regulations.
Tiles, sidings and panels, of materials of classes A (1), B (1), C (1), A (without
testing), D, E and F intended to be used as internal and external finishes in walls
and ceilings subject to reaction to fire regulations.
Featured profiles and suspending frames of materials of classes A (1), B (1),
C(1), A (without testing), D, E and F intended to be used to support internal
or external wall or ceiling finishes, or suspended ceilings, subject to reaction to
fire regulations.
Suspended ceilings (kits), intended to be used as internal or external finishes in
ceilings subject to regulations on dangerous substances(2).
Tiles, shingles, sidings, cladding slabs and panels intended to be used as internal
or external finishes in walls or ceilings, as relevant, subject to regulations on
dangerous substances (2).
Suspending ceilings (kits) intended to be used as internal or external finishes in
wallsand ceilingsfor other us esmentioned in the mandate(3).
Wall coverings in roll form, ceiling linings, tiles, shingles, sidings, cladding
slabs and panels intended to be used as internal or external finishes in walls or
ceilingsfor other us esmentioned in the mandate (3).
Featured profiles and suspending frames intended to be used to support internal
or external wall or ceiling finishes, or suspended ceilings, for other uses
mentioned in the mandate (3).1998D0437 — EN — 01.07.1998 — 000.001 — 4
(1) Materials for which the reaction to fire performance is not susceptible to change during
the production process.
(2) In particular, those dangerous substances defined in Council Directive 76/769/EEC, as
amended.
(3) Other intended uses covered by the mandate are: for vapour control, for water penetra-
tion control, for acoustic control, and for thermal control.
▼B
ANNEX II
Wall coverings in roll form, ceiling linings, tiles, of materials of classes A(1),
B(1) and C (1), intended to be used as internal finishes in walls or ceilings
subject to reaction to fire regulations.
Shingles and cladding slabs, of materials of classes A (1), B (1) and C (1)
intended to be used as external finishes in walls or ceilings subject to reaction
to fire regulations.
Suspended ceilings (kits), using components of materials of classes A (1), B (1)
and C (1), intended to be used as internal or external finishes in ceilings subject
to reaction to fire regulations.
Tiles, sidings and panels, of materials of classes A (1), B (1) and C (1), intended
to be used as internal and external finishes in walls or ceilings subject to reac-
tion to fire regulations.
Featured profiles and suspending frames of materials of classes A (1), B (1) and
C(1), intended to be used to support internal or external wall or ceiling finishes,
or suspended ceilings, subject to reaction to fire regulations.1998D0437 — EN — 01.07.1998 — 000.001 — 5
(1) Materials for which the reaction to fire performance is susceptible to change during the
production process.
▼B
ANNEX III
Note: for products 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
INTERNALANDEXTERNALWALLANDCEILINGFINISHES(1/5)
1.Systemsofattestationofconformity
For the product(s) and intended use(s) listed below, CEN/Cenelec are
requested to specify the following system(s) of attestation of conformity inthe relevant harmonised standard(s):
Product(s) Intended use(s)Level(s) or class(es)
(fire resistance)Attestation of confor-
mity system(s)
Panels Asinternal or external
finishes, as complete
elements, used for fire
protection of wallsor ceil-ingsAny 3
Suspended ceilings
(kits)Asinternal or external
finishes used for fire protec-
tion of ceilings
System 3: See Directive 89/106/EEC, Annex III(2)(ii), second possibility.
2.Conditions to be applied by CEN on the specifications of the attestation
ofconformitysystem
The specification for the system should be such that it can be implemented
even where performance doesnot need to be determined for a certain char-
acteristic, 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.1998D0437 — EN — 01.07.1998 — 000.001 — 6
▼C1
▼B
▼B
PRODUCT FAMILY
INTERNALANDEXTERNALWALLANDCEILINGFINISHES(2/5)
1.Systemsofattestationofconformity
For the product(s) and intended use(s) listed below, CEN/Cenelec are
requested to specify the following system(s) of attestation of conformity in
the relevant harmonised standard(s):
Product(s) Intended use(s) Level(s) or class(es)Attestation of confor-
mity system(s)
Panels Asinternal or external s tif-
fening elementsin wallsor
ceilings
—3Tiles
Panels
(of brittle materials)Asinternal or external
finishes in walls or ceilings
subject to requirements
against accidental injuries
from cutting objects
Suspendedceilings
(kits)Asinternal or external finis h
in ceilings subject to safety
in use requirements
Tiles
PanelsIn internal or external
suspended ceilings subject to
safety in use requirements
Featuredprofiles
SuspendingframesTo support internal or
external wall or ceiling
finishes and suspended ceil-
ings subject to safety in use
requirements
System 3: See Directive 89/106/EEC, Annex III(2)(ii), second possibility.
2.Conditions to be applied by CEN on the specifications of the attestation
ofconformitysystem
The specification for the system should be such that it can be implemented
even where performance doesnot need to be determined for a certain char-
acteristic, 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.1998D0437 — EN — 01.07.1998 — 000.001 — 7
▼B
PRODUCT FAMILY
INTERNALANDEXTERNALWALLANDCEILINGFINISHES(3/5)
1.Systemsofattestationofconformity
For the product(s) and intended use(s) listed below, CEN/Cenelec are
requested to specify the following system(s) of attestation of conformity in
the relevant harmonised standard(s):
Product(s) Intended use(s)Level(s) or class(es)
(reaction to fire) (1)Attestation of confor-
mity system(s)
Coveringsinroll
formLiningsAsinternal finis hesin walls
or ceilingss ubject to reaction
to fire regulationsA (*), B (*) and
C (*)1
ShinglesCladding
slabsAsexternal finis hesin walls
or ceilingss ubject to reaction
to fire regulations
Suspended
ceilings(kits)Asinternal or external
finishes in ceilings subject
to reaction to fire regulationsA (**), B (**)
and C (**)3
TilesSidingsPanels Asinternal or external
finishes in walls or ceilings
subject to reaction to fire
regulations
Featuredprofiles-
SuspendingframesTo support internal or
external wall or ceiling
finishes, or suspended ceil-
ings, subject to reaction to
fire regulationsA (without
testing), D, E and
F4
System 1: See Directive 89/106/EEC, Annex III(2)(i), without audit-testing of samples.
System 3: See Directive 89/106/EEC, Annex III(2)(ii), second possibility.
System 4: See Directive 89/106/EEC, Annex III(2)(ii), third possibility.
(1) For reaction to fire, see Commission Decision 94/611/EC.
(*) Materials for which the reaction to fire performance is susceptible to change during the production process.(**) Materials for which the reaction to fire performance is not susceptible to change during the production
process.
2.Conditions to be applied by CEN on the specifications of the attestation
ofconformitysystem
The specification for the system should be such that it can be implemented
even where performance doesnot need to be determined for a certain char-
acteristic, 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.1998D0437 — EN — 01.07.1998 — 000.001 — 8
▼C1
▼B
▼B
PRODUCT FAMILY
INTERNALANDEXTERNALWALLANDCEILINGFINISHES(4/5)
1.Systemsofattestationofconformity
For the product(s) and intended use(s) listed below, CEN/Cenelec are
requested to specify the following system(s) of attestation of conformity in
the relevant harmonised standard(s):
Product(s) Intended use(s) Level(s) or class(es)Attestation of confor-
mity system(s)
Suspendedceilings
(kits)Asinternal or external
finishes in walls or ceilings
subject to regulations on
dangerous substances (*)
—3Tiles
Shingles
Sidings
Claddingslabs
PanelsAsinternal or external
finishes in walls or ceilings,
asrelevant, s ubject to regula-
tionson dangerous
substances (*)
System 3: See Directive 89/106/EEC, Annex III(2)(ii), second possibility.
(*) In particular, those dangerous substances defined in Council Directive 76/769/EEC, as amended.
2.Conditions to be applied by CEN on the specifications of the attestation
ofconformitysystem
The specification for the system should be such that it can be implemented
even where performance doesnot need to be determined for a certain char-
acteristic, 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.1998D0437 — EN — 01.07.1998 — 000.001 — 9
▼B
PRODUCT FAMILY
INTERNALANDEXTERNALWALLANDCEILINGFINISHES(5/5)
1.Systemsofattestationofconformity
For the product(s) and intended use(s) listed below, CEN/Cenelec are
requested to specify the following system(s) of attestation of conformity in
the relevant harmonised standard(s):
Product(s) Intended use(s) Level(s) or class(es)Attestation of confor-
mity system(s)
Suspendedceilings
(kits)Asinternal or external finis h
in ceilingsfor other us es
mentioned in the mandate (1)
—4Wallcoveringsin
roll form
Ceilinglinings
Tiles
Shingles
Sidings
Claddingslabs
PanelsAsinternal or external
finishes in walls or ceilings
for other uses mentioned in
the mandate (1)
Featuredprofiles
SuspendingframesTo support internal or
external wall or ceiling
finishes, or suspended ceil-
ings, for other uses
mentioned in the mandate (1)
System 4: See Directive 89/106/EEC, Annex III(2)(ii), third possibility.
(1) Other intended uses covered by the mandate are: for vapour control, for water penetration control, for
acoustic control and for thermal control.
2.Conditions to be applied by CEN on the specifications of the attestation
ofconformitysystem
The specification for the system should be such that it can be implemented
even where performance doesnot need to be determined for a certain char-
acteristic, 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.1998D0437 — EN — 01.07.1998 — 000.001 — 10