1989L0106 — EN — 02.08.1993 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 21December 1 988
on the approximation of laws, regulations and administrative provisions of the Member States
relating to construction products
(89/106/EEC)
(OJ L 40, 11.2.1989, p. 12)
Amended by:
Official Journal
Nopage date
►M1Council Directive 93/68/EEC of 22 July 1993 L 220 1 30.8.1993
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COUNCIL DIRECTIVE
of 21December 1 988
on the approximation of laws, regulations and administrative provi-
sions of the Member States relating to construction products
(89/106/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission(1),
In cooperation with the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas Member States are responsible for ensuring that building and
civil engineering works on their territory are designed and executed in away that does not endanger the safety of persons, domestic animals andproperty, while respecting other essential requirements in the interestsof general well-being;
Whereas Member States have provisions, including requirements,
relating no t o nly tobuilding safety but alsotohealth, durability, energyeconomy, protection of the environment, aspects of economy, and otheraspects important in the public interest;
Whereas these requirements, which are often the subject of national
provisions laid down by law, regulation or administrative action, have adirect influence on the nature of construction products employed andare reflected in national product standards, technical approvals and othertechnical specifications and provisions which, by their disparity, hindertrade within the Community;
Whereas paragraph 71 of the White Paper on completing the internal
market, approved by the European Council in June 1985, states that,within the general policy, particular emphasis will be placed on certainsectors, including construction; whereas the removal of technicalbarriers in the construction field, to the extent that they cannot beremoved by mutual recognition of equivalence among all the MemberStates, should follow the new approach set out in the Council resolutionof 7 May 1985 (
4) which calls for the definition of essential require-
ments on safety and other aspects which are important for the generalwell-being, without reducing the existing and justified levels of protec-tion in the Member States;
Whereas the essential requirements constitute both the general and
specific criteria with which construction works must comply; whereassuch requirements are to be understood as requiring that the said worksconform with an appropriate degree of reliability with one, some or allof these requirements when and where this is laid down in regulations;
Whereas, as a basis for the harmonized standards or other technical
specifications at European level and for the drawing up or granting ofEuropean technical approval, interpretative documents will be estab-lished in order to give concrete form to the essential requirements at atechnical level;
Whereas these essential requirements provide the basis for the prepara-
tion of harmonized standards at European level for construction prod-ucts; whereas, in order to achieve the greatest possible advantage for asingle internal market, toaffo rd access tothat market fo r as manymanufacturers as possible, to ensure the greatest possible degree of
(1) OJ NoC 93, 6. 4. 1987, p. 1.
(2) OJ NoC 305, 16. 11. 1987, p. 74 and OJ NoC 326, 19. 12. 1988.
(3) OJ NoC 95, 11. 4. 1988, p. 29.
(4) OJ NoC 136, 4. 6. 1985, p. 1.
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market transparency and to create the conditions for a harmonized
system of general rules in the construction industry, harmonized stan-dards should be established as far as, and as quickly as, possible;whereas these standards are drawn up by private bodies and mustremain non-mandatory texts; whereas, for that purpose, the EuropeanCommittee for Standardization (CEN) and the European Committee forElectrotechnical Standardization (Cenelec) are recognized as thecompetent bodies for the adoption of harmonized standards in accord-ance with the general guidelines for cooperation between the Commis-sion and those two bodies signed on 13 November 1984; whereas, forthe purposes of this Directive, a harmonized standard is a technicalspecification (European standard or harmonized document) adopted byone or both of those bodies upon a mandate given by the Commissionin accordance with the provisions of Council Directive 83/189/EEC of28 March 1983 laying down a procedure for the provision of informa-tion in the field of technical standards and regulations(
1);
Whereas the special nature of construction products requires the precise
formulation of these harmonized standards; whereas it is thereforenecessary to draw up interpretative documents in order to establish linksbetween mandates for standards and the essential requirements; whereasharmonized standards, expressed as far as possible in terms of productperformance, take account of these interpretative documents, whichshall be drawn up in cooperation with the Member States;
Whereas performance levels and requirements to be fulfilled by prod-
ucts in future in the Member States shall be laid down in classes in theinterpretative documents and in the harmonized technical specificationsin order to take account of different levels of essential requirements forcertain works and of different conditions prevailing in the MemberStates;
Whereas harmonized standards should include classifications that allow
construction products which meet the essential requirements and whichare produced and used lawfully in accordance with technical traditionswarranted by local climatological and other conditions to continue to beplaced on the market;
Whereas a product is presumed fit for use if it conforms to a harmon-
ized standard, a European technical approval or a non-harmonized tech-nical specification recognized at Community level; whereas, in caseswhere products are of little importance with respect to the essentialrequirements and where they deviate from existing technical specifica-tions, their fitness for use can be certified by recourse to an approvedbody;
Whereas products thus considered fit for use are easily recognizable by
the EC mark; whereas they must be allowed free movement and freeuse for their intended purpose throughout the Community;
Whereas, in the case of products where European standards cannot be
produced or foreseen within a reasonable period of time or of productswhich deviate substantially from a standard, the fitness for use of suchproducts may be proved by recourse to European technical approvals onthe basis of common guidelines; whereas the common guidelines for thegranting of European technical approvals will be adopted on the basis ofthe interpretative documents;
Whereas, in the absence of harmonized standards and European tech-
nical approvals, national or other non-harmonized technical specifica-tions may be recognized as providing a suitable basis for a presumptionthat the essential requirements are met;
Whereas it is necessary to ensure the conformity of products with
harmonized standards and with non-harmonized technical specificationsrecognized at European level by means of procedures of productioncontrol by manufacturers and of supervision, testing assessment and
(1) OJ NoL 109, 26. 4. 1983, p. 8.
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certification by independent qualified third parties, or by the manufac-turer himself;
Whereas a special procedure should be provided as an interim measure
for products where standards or technical approvals recognized at Euro-pean level do not yet exist; whereas this procedure should facilitaterecognition of the results of tests performed in another Member Stateaccording to the technical requirements of the Member State of destina-tion;
Whereas a Standing Committee on Construction should be set up
comprising experts designated by Member States to assist the Commis-sion on questions arising from the implementation and practical applica-tion of this Directive;
Whereas the responsibility of Member States for safety, health and other
matters covered by the essential requirements on their territory shouldbe recognized in a safeguard clause providing for appropriate protectivemeasures,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
Field of application — Definitions — Requirements — Technical
specifications — Free movement of goods
Article 1
1. This Directive shall apply to construction products in so far as the
essential requirements in respect of construction works under Article 3(1) relate tothem.
2. For the purposes of this Directive, ‘construction product' means
any product which is produced for incorporation in a permanent mannerin construction works, including both buildings and civil engineeringworks.
‘Construction Products' are hereinafter referred to as ‘products';
construction works including both buildings and civil engineering worksare hereinafter referred toas ‘wo rks'.
Article 2
1. Member States shall take all necessary measures toensure that the
products referred to in Article 1, which are intended for use in works,may be placed on the market only if they are fit for this intended use,that is tosay they have such characteristics that the wo rks in which theyare to be incorporated, assembled, applied or installed, can, if properlydesigned and built, satisfy the essential requirements referred toinArticle 3 when and where such works are subject to regulationscontaining such requirements.
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2. (a) When products are subject to other Directives with regard to
other aspects and which also provide for the affixing of the CEconformity marking, referred to in Article 4 (2), the latter shallindicate that the products are also presumed to conform to theprovisions of those other Directives.
(b) However, where one or more of these Directives allow the
manufacturer, during a transitional period, to choose whicharrangements to apply, the CE marking shall indicate conformityonly to the Directives applied by the manufacturer. In this case,particulars of the Directives applied, as published in the Official
Journal of the European Communities , must be given in the
documents, notices or instructions required by the Directives andaccompany such products.
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3. When a future directive concerns mainly other aspects and only toa minor extent the essential requirements of this Directive, that subse-
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quent directive shall contain provisions ensuring that it also covers therequirements of this Directive.
4. This Directive shall not affect the right of Member States to
specify — with due observance of the provisions of the Treaty — therequirements they deem necessary to ensure that workers are protectedwhen using products, provided it does not mean the products are modi-fied in a way unspecified in this Directive
Article 3
1. The essential requirements applicable towo rks which may influ-
ence the technical characteristics of a product are set out in terms ofobjectives in Annex I. One, some or all of these requirements mayapply; they shall be satisfied during an economically reasonableworking life.
2. In order to take account of possible differences in geographical or
climatic conditions or in ways of life as well as different levels ofprotection that may prevail at national, regional or local level, eachessential requirement may give rise tothe establishment o f classes inthe documents referred to in paragraph 3 and the technical specifica-tions referred to in Article 4 for the requirement to be respected.
3. The essential requirements shall be given concrete form in docu-
ments (interpretative documents) for the creation of the necessary linksbetween the essential requirements laid down in paragraph 1 and thestandardization mandates, mandates for guidelines for European tech-nical approval or the recognition of other technical specifications withinthe meaning of Articles 4 and 5.
Article 4
1. Standards and technical approvals shall, for the purposes of this
Directive, be referred toas ‘technical specificatio ns'.
For the purposes of this Directive, harmonized standards shall be the
technical specifications adopted by CEN, Cenelec or both, on mandatesgiven by the Commission in conformity with Directive 83/189/EEC onthe basis of an opinion given by the Committee referred to in Article 19and in accordance with the general provisions concerning cooperationbetween the Commission and these two bodies signed on 13 November1984.
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2. Member States shall presume that products are fit for use if theyenable works in which they are employed, provided the latter areproperly designed and built, to satisfy the essential requirementsreferred toin Article 3 where such pro ducts bear the CE markingindicating that they satisfy all the provisions of this Directive, includingthe conformity assessment procedures laid down in Chapter V and theprocedure laid down in Chapter III. The CE marking shall indicate:
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(a) that they comply with the relevant national standards transposing
the harmonized standards, references to which have been publishedin theOfficial Journal of the European Communities . Member
States shall publish the references of these national standards:
(b) that they comply with a European technical approval, delivered
according to the procedure of Chapter III, or
(c) that they comply with the national technical specifications referred
to in paragraph 3 in as much as harmonized specifications do notexist; a list of these national specifications shall be drawn upaccording to the procedure in Article 5 (2).
3. Member States may communicate to the Commission the texts of
their national technical specifications which they regard as complyingwith the essential requirements referred toin Article 3. The Co mmis-sion shall forward these national technical specifications forthwith tothe other Member States. In accordance with the procedure provided forin Article 5 (2), it shall notify the Member States of those national
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technical specifications in respect of which there is presumption ofconformity with the essential requirements referred to in Article 3.
This procedure will be initiated and managed by the Commission in
consultation with the committee referred to in Article 19.
Member States shall publish the references tothese technical specifica-
tions. The Commission shall also publish them in the OfficialJournalof
the European Communities .
4. Where a manufacturer, or his agent, established in the
Community, has not applied, or has applied only in part, the existingtechnical specifications referred to in paragraph 2, which require,according to the criteria set out in Article 13 (4), the product to besubmitted for a declaration of conformity as defined in Annex III(2) (ii), second and third possibilities, the corresponding decisionsunder Article 13 (4) and Annex III shall apply and such a product’sfitness for use within the meaning of Article 2 (1) shall be establishedin accordance with the procedure set out in Annex III (2) (ii), secondpossibility.
5. The Commission, in consultation with the committee referred to in
Article 19, shall draw up, manage and revise periodically a list ofproducts which play a minor part with respect to health and safety andin respect of which a declaration of compliance with the ‘acknowledgedrule of technology', issued by the manufacturer, will authorize suchproducts to be placed on the market.
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6. The CE marking signifies that products satisfy the requirements ofparagraphs 2 and 4 of this Article. It is for the manufacturer or hisauthorized representative established within the Community to takeresponsibility for affixing the CE marking on the product itself, on alabel attached to it, on its packaging, or on the accompanying commer-cial documents.
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The model of the ►M1CE marking ◄and conditions of its use are
given in Annex III.
Products referred to in paragraph 5 shall not bear the ►M1CE
marking ◄.
Article 5
1. Where a Member State or the Commission is of the opinion that
the harmonized standards or European technical approvals referred to inArticle 4 (2), points (a) and (b), or the mandates referred to in ChapterII, do not satisfy the provisions of Articles 2 and 3, that Member Stateor the Commission shall notify the committee referred to in Article 19,setting out its reasons. The committee shall deliver an urgent opinion.
In the light of the opinion of the committee, and after consultation with
the committee set up under Directive 83/189/EEC where it concernsharmonized standards, the Commission shall inform Member States ifthe standards or approvals concerned should be withdrawn in the publi-cations referred to in Article 7 (3).
2. On reception of the communication referred to in Article 4 (3),
the Commission shall consult the committee referred to in Article 19.In the light of the opinion of the committee, the Commission shallnotify Member States whether the technical specification in questionshould benefit from the presumption of conformity and, if so, publish areference toit in the Official Journal of the European Communities .
If the Commission or a Member State believes that a technical specifi-
cation no longer fulfills the conditions necessary for presumption ofconformity with the provisions of Articles 2 and 3, the Commissionshall consult the committee referred to in Article 19. In the light of theopinion of the said committee, the Commission shall notify the MemberStates whether the national technical specification in question shouldcontinue to benefit from presumption of conformity, and, if not, whetherthe reference toit referred toin Article 4 (3) sho uld be withdrawn.
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Article 6
1. Member States shall not impede the free movement, placing on
the market or use in their territory of products which satisfy the provi-sions of this Directive.
Member States shall ensure that the use of such products, for the
purpose for which they were intended, shall not be impeded by rules orconditions imposed by public bodies or private bodies acting as a publicundertaking or acting as a public body on the basis of a monopolyposition.
2. Member States shall, however, allow products not covered by
Article 4 (2) to be placed on the market in their territory if they satisfynational provisions consistent with the Treaty until the European tech-nical specifications referred to in Chapters II and III provide otherwise.The Commission and the committee referred to in Article 19 willmonitor and review the development of the European technical specifi-cations on a regular basis.
3. If the relevant European technical specifications, either themselves
or on the basis of the interpretative documents referred to in Article 3(3), distinguish between different classes corresponding to differentperformance levels, Member States may determine the performancelevels also to be observed in their territory only within the classifica-tions adopted at Community level and only subject to the use of all orsome classes or one class.
CHAPTER II
Harmonized standards
Article 7
1. In order to ensure the quality of harmonized standards for prod-
ucts, the standards shall be established by the European standardsorganizations on the basis of mandates given by the Commission inaccordance with the procedure laid down in Directive 83/189/EEC and,after consulting the committee referred to in Article 19, in accordancewith the general provisions concerning cooperation between theCommission and these bodies signed on 13 November 1984.
2. The resulting standards shall be expressed as far as practicable in
product performance terms, having regard to the interpretative docu-ments.
3. Once the standards have been established by the European stan-
dards organizations, the Commission shall publish the references of thestandards in the ‘C' series of the Official Journal of the European
Communities .
CHAPTER III
European technical approval
Article 8
1. European technical approval is a favourable technical assessment
of the fitness for use of a product for an intended use, based onfulfilment of the essential requirements for building works for which theproduct is used.
2. European technical approval may be granted to:
(a) products for which there is neither a harmonized standard, nor a
recognized national standard, nor a mandate for a harmonizedstandard, and for which the Commission, after consulting thecommittee referred to in Article 19, considers that a standard couldnot, or not yet, be elaborated; and
(b) products which differ significantly from harmonized or recognized
national standards.
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Even in the case where a mandate for a harmonized standard has been
issued, the provisions referred to in (a) do not exclude the granting ofEuropean technical approval for products for which guidelines for suchapproval exist. This shall apply until the entry into force of the harmon-ized standard in the Member States.
3. In special cases, the Commission may, as a derogation from
paragraph 2 (a), authorize the issue of European technical approval,after consulting the committee referred to in Article 19, for products forwhich there is a mandate for a harmonized standard, or for which theCommission has established that a harmonized standard can be elab-orated. The authorization shall be valid for a fixed period.
4. European technical approval shall in general be issued for a five-
year period. This period may be extended
Article 9
1. European technical approval for a product shall be based on
examinations, tests and an assessment on the basis of the interpretativedocuments referred to in Article 3 (3) and of the guidelines referred toin Article 11 for this product or the corresponding family of products.
2. Where guidelines referred to in Article 11 do not or not yet exist,
European technical approval may be issued by reference to the relevantessential requirements and the interpretative documents where theassessment of the product is adopted by the approval bodies actingjointly in the organization referred to in Annex II. If the approvalbodies cannot agree, the matter shall be referred to the committeereferred toin Article 19.
3. The European technical approval for a product shall be issued in a
Member State in accordance with the procedure laid down in Annex IIat the request of the manufacturer or his agent established in theCommunity.
Article 10
1. Each Member State shall notify the other Member States and the
Commission of the names and addresses of the bodies which it hasauthorized to issue European technical approvals.
2. The approval bodies must satisfy the requirements of this
Directive and in particular must be able:
— to assess the fitness for use of new products on the basis of
scientific and practical knowledge,
— to take impartial decisions in relation to the interests of the manu-
facturers concerned or their agents, and
— to collate the contributions of all the interested parties in a balanced
assessment.
3. The list of approval bodies which are competent to issue European
technical approvals, as well as any amendments to that list, shall bepublished in the ‘C' series of the Official Journal of the European
Communities .
Article 11
1. The Commission shall, after consulting the committee referred to
in Article 19, issue mandates for establishing guidelines for Europeantechnical approval for a product or family of products to the organ-ization of approval bodies designated by the Member States.
2. The guidelines for European technical approval for a product or
family of products should contain the following, in particular:
(a) a list of the relevant interpretative documents referred to in
Article 3 (3);
(b) specific requirements for the products within the meaning of the
essential requirements referred toin Article 3 (1);
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(c) the test procedures;
(d) method of assessing and judging the results of the tests;
(e) the inspection and conformity procedures which must correspond to
Articles 13, 14 and 15;
(f) the period of validity of the European technical approval.
3. The guidelines for European technical approval shall, after consul-
tation with the committee referred to in Article 19, be published by theMember States in their official language or languages.
CHAPTER IV
Interpretative documents
Article 12
1. The Commission shall, after consulting the committee referred to
in Article 19, instruct technical committees in which the Member Statesparticipate todraw up the interpretative do cuments referred toinArticle 3 (3).
2. The interpretative documents shall:
(a) give concrete form to the essential requirements laid down in
Article 3 and in Annex I by harmonizing the terminology and thetechnical bases and indicating classes or levels for each requirementwhere necessary and where the state of scientific and technicalknowledge so permits;
(b) indicate methods of correlating these classes or levels of require-
ment with the technical specifications referred to in Article 4, forexample, methods of calculation and of proof, technical rules forproject design, etc.;
(c) serve as a reference for the establishment of harmonized standards
and guidelines for European technical approval and for recognitionof national technical specifications in accordance with Article 4 (3).
3. The Commission shall publish the interpretative documents in the
‘C' series of the Official Journal of the European Communities after
soliciting the opinion of the committee referred to in Article 19.
CHAPTER V
Attestation of conformity
Article 13
1. The manufacturer, or his agent established in the Community,
shall be responsible for the attestation that products are in conformitywith the requirements of a technical specification within the meaning ofArticle 4.
2. Products that are the subject of an attestation of conformity shall
benefit from the presumption of conformity with technical specifica-tions within the meaning of Article 4. Conformity shall be establishedby means of testing or other evidence on the basis of the technicalspecifications in accordance with Annex III.
3. The attestation of conformity of a product is dependent on:
(a) the manufacturer having a factory production control system to
ensure that production conforms with the relevant technical specifi-cations; or
(b) for particular products indicated in the relevant technical specifica-
tions, in addition to a factory production control system, anapproved certification body being involved in assessment andsurveillance of the production control or of the product itself.
4. The choice of the procedure within the meaning of paragraph 3
for a given product or family of products shall be specified by theCommission, after consultation of the committee referred to inArticle 19, according to:
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(a) the importance of the part played by the product with respect to the
essential requirements, in particular those relating to health andsafety;
(b) the nature of the product;
(c) the effect of the variability of the product’s characteristics on its
serviceability;
(d) the susceptibility todefects in the pro duct manufacture;in accordance with the particulars set out in Annex III.
In each case, the least onerous possible procedure consistent with safety
shall be chosen.
The procedure thus determined shall be indicated in the mandates and in
the technical specifications or in the publication thereof.
5. In the case of individual (and non-series) production, a declaration
of conformity in accordance with Annex III (2) (ii), third possibility,shall suffice, unless otherwise provided by the technical specificationsfor products which have particularly important implications for healthand safety.
Article 14
1. In accordance with Annex III, the procedures described shall lead:
(a) in the case of Article 13 (3) (a), to the production of a declaration
of conformity for a product by the manufacturer, or his agentestablished in the Community; or
(b) in the case of Article 13 (3) (b), to the issue by an approved
certification body of a certificate of conformity for a system ofproduction control and surveillance or for the product itself.
Detailed rules for the implementation of the procedures of attestation of
conformity are given in Annex III.
2. The manufacturer’s declaration of conformity or the certificate of
conformity shall entitle the manufacturer, or his agent established in theCommunity, to affix the corresponding ►
M1CE marking ◄on the
product itself, on a label attached to it, on its packaging or on theaccompanying commercial documents. The model of the ►
M1CE
marking ◄and the rules for its use in respect of each of the procedures
of attestation of conformity are given in Annex III.
Article 15
1. Member States shall ensure that the ►M1CE marking ◄is
correctly used.
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2. Without prejudice to Article 21:
(a) where a Member State establishes that the CE marking has been
affixed unduly, the manufacturer or his agent established within theCommunity shall be obliged to make the product conform asregards the provisions concerning the CE marking and to end theinfringement under conditions imposed by the Member State;
(b) where non-conformity continues, the Member State must take all
appropriate measures to restrict or prohibit the placing on themarket of the product in question or to ensure that it is withdrawnfrom the market in accordance with the procedures laid down inArticle 21.
3. Member States shall take the measures necessary topro hibit the
affixing to products or their packaging of markings which are likely todeceive third parties as to the meaning and form of the CE marking.Any other marking may be affixed to the construction products on alabel fixed to the product packaging or on the accompanying commer-cial documents provided that the visibility and legibility of the CEmarking is not thereby reduced.
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CHAPTER VI
Special procedures
Article 16
1. In the absence of technical specifications, as defined in Article 4,
for any given product, the Member State of destination shall, on requestin individual cases, consider the product to be in conformity with thenational provisions in force if they have satisfied tests and inspectionscarried out by an approved body in the producing Member Stateaccording to the methods in force in the Member State of destination orrecognized as equivalent by that Member State.
2. The producing Member State shall inform the Member State of
destination, in accordance with whose provisions the tests and inspec-tions are to be carried out, of the body it intends to approve for thispurpose. The Member State of destination and the producing MemberState shall provide each other with all necessary information. Onconclusion of this exchange of information the producing Member Stateshall approve the body thus designated. If a Member State has misgiv-ings, it shall substantiate its position and inform the Commission.
3. Member States shall ensure that the designated bodies afford one
another all necessary assistance.
4. Where a Member State establishes that an approved body is not
carrying out the tests and inspections properly in conformity with itsnational provisions, it shall notify the Member State in which the bodyis approved thereof. That Member State shall inform the notifyingMember State within a reasonable time limit of what action has beentaken. If the notifying Member State does not consider the action takento be sufficient, it may prohibit the placing on the market and use of theproduct in question or make it subject to special conditions. It shallinform the other Member State and the Commission thereof.
Article 17
Member States of destination shall attach the same value to reports and
attestations of conformity issued in the producing Member State inaccordance with the procedure referred to in Article l6, as they do totheir own corresponding national documents.
CHAPTER VII
Approved bodies
Article 18
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1. Member States shall notify the Commission and the other MemberStates of the certification and inspection bodies and the testing labora-tories which they have designated for the tasks which must be carriedout for the purposes of technical approval, certificates of conformity,inspections and tests, in accordance with this Directive, together withtheir names and addresses and the identification numbers assigned tothem beforehand by the Commission.
The Commission shall publish in the Official Journal of the European
Communities a list of the notified bodies and laboratories with their
identification numbers and the tasks and products for which they havebeen notified. The Commission shall ensure that this list is kept up todate.
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2. Certification bodies, inspection bodies and testing laboratoriesshall comply with the criteria laid down in Annex IV.
3. Member States shall indicate the products which fall within the
competence of the bodies and laboratories referred to in paragraph 1and the nature o f the tasks tobe assigned tothem.
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CHAPTER VIII
Standing Committee on Construction
Article 19
1. A Standing Committee on Construction is hereby set up.2. The committee shall be made up of representatives appointed by
the Member States. It shall be chaired by a representative of theCommission. Each Member State shall appoint two representatives. Therepresentatives may be accompanied by experts.
3. The committee shall draw up its own rules of procedure.
Article 20
1. The committee referred to in Article 19 may, at the request of its
chairman or a Member State, examine any question posed by theimplementation and the practical application of this Directive.
2. The provisions necessary for:
(a) the establishment of classes of requirements in so far as they are not
included in the interpretative documents and the establishment ofthe procedure for attesting conformity in mandates for standardspursuant to Article 7 (1) and guidelines for approvals pursuant toArticle 11 (1);
(b) the giving of instructions for the drawing-up of interpretative docu-
ments pursuant to Article 12 (1) and decisions on interpretativedocuments pursuant to Article 12 (3);
(c) the recognition of national technical specifications in accordance
with Article 4 (3);
shall be adopted in accordance with the procedure laid down in para-
graphs 3 and 4.
3. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148 (2) of the Treatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the mannerset out in that Article. The chairman shall not vote.
4. The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall, withoutdelay, submit to the Council a proposal relating to the measures to betaken. The Council shall act by qualified majority.
If, within three months of the proposal being submitted to it, the
Council has not acted, the proposed measures shall be adopted by theCommission.
CHAPTER IX
Safeguard clause
Article 21
1. Where a Member State ascertains that a product declared to be in
conformity with the terms of this Directive does not comply withArticles 2 and 3, it shall take all appropriate measures to withdraw thoseproducts from the market, prohibit the placing thereof on the market orrestrict free movement thereof.
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The Member State concerned shall immediately inform the Commission
of any such measure, indicating the reasons for its decision, and inparticular whether non-conformity is due to:
(a) failure to comply with Articles 2 and 3, where the product does not
meet the technical specifications referred to in Article 4;
(b) incorrect application of the technical specifications referred to in
Article 4;
(c) shortcomings in the technical specifications referred to in Article 4
themselves.
2. The Commission shall carry out a consultation of the parties
concerned as soon as possible. Where the Commission finds, after thisconsultation, that the action is justified, it shall immediately so informthe Member State that took the action as well as the other MemberStates.
3. Where the decision referred to in paragraph 1 is attributed to
shortcomings in the standards or technical specifications, the Commis-sion, after consulting the parties concerned, shall bring the matter beforethe committee referred to in Article 19, as well as the committee set upunder Directive 83/189/EEC in the case of shortcomings in a harmon-ized standard, within twomo nths if the Member State which has takenthe measures intends to uphold them, and shall start the proceduresreferred toin Article 5 (2).
4. The Member State concerned shall take appropriate action against
whomsoever made the declaration of conformity and shall inform theCommission and the other Member States thereof.
5. The Commission shall ensure that the Member States are kept
informed of the progress and outcome of this procedure.
CHAPTER X
Final provisions
Article 22
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with the provisions ofthis Directive within 30 months of its notification(
1). They shall forth-
with inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of
the provisions of national law which they adopt in the field governed bythis Directive.
Article 23
At the latest by 31 December 1993, the Commission, in consultation
with the committee referred to in Article 19, shall re-examine thepracticability of the procedures laid down by this Directive and, wherenecessary, submit proposals for appropriate amendments.
Article 24
This Directive is addressed tothe Member States.
(1) This Directive was notified to Member States on 27 December 1988.
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ANNEXI
ESSENTIAL REQUIREMENTS
The products must be suitable for construction works which (as a whole and in
their separate parts) are fit for their intended use, account being taken ofeconomy, and in this connection satisfy the following essential requirementswhere the works are subject to regulations containing such requirements. Suchrequirements must, subject to normal maintenance, be satisfied for an economic-ally reasonable working life. The requirements generally concern actions whichare forseeable.
1.Mechanical resistance and stability
The construction works must be designed and built in such a way that the
loadings that are liable to act on it during its constructions and use will notlead to any of the following:
(a) collapse of the whole or part of the work;
(b) major deformations to an inadmissible degree;
(c) damage to other parts of the works or to fittings or installed equipment as
a result of major deformation of the load- bearing construction;
(d) damage by an event to an extent disproportionate to the original cause.
2.Safety in case of fire
The construction works must be designed and built in such a way that in the
event of an outbreak of fire:
— the load-bearing capacity of the construction can be assumed for a specific
period of time,
— the generation and spread of fire and smoke within the works are limited,— the spread of the fire to neighbouring construction works is limited,— occupants can leave the works or be rescued by other means,— the safety of rescue teams is taken into consideration.
3.Hygiene, health and the environment
The construction work must be designed and built in such a way that it will
not be a threat to the hygiene or health of the occupants or neighbours, inparticular as a result of any of the following:
— the giving-off of toxic gas,— the presence of dangerous particles or gases in the air,— the emission of dangerous radiation,— pollution or poisoning of the water or soil,— faulty elimination of waste water, smoke, solid or liquid wastes,— the presence of damp in parts of the works or on surfaces within the
works.
4.Safety in use
The construction work must be designed and built in such a way that it does
not present unacceptable risks of accidents in service or in operation such asslipping, falling, collision, burns, electrocution, injury from explosion.
5.Protection against noise
The construction works must be designed and built in such a way that noise
perceived by the occupants or people nearby is kept down to a level that willnot threaten their health and will allow them to sleep, rest and work insatisfactory conditions.
6.Energy economy and heat retention
The construction works and its heating, cooling and ventilation installations
must be designed and built in such a way that the amount of energy requiredin use shall be low, having regard to the climatic conditions of the locationand the occupants.
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ANNEXII
EUROPEAN TECHNICAL APPROVAL
1. A request for approval may be made by a manufacturer, or his agent estab-
lished in the Community, only to a single body authorized for this purpose.
2. The approval bodies designated by the Member States form an organization.
In the performance of its duties, this organization is obliged to work in closecoordination with the Commission, which shall consult the committee referredto in Article 19 of the Directive on important matters. Where a Member Statehas designated more than one approval body, the Member State shall beresponsible for coordinating such bodies; it shall also designate the bodywhich shall be spokesman in the organization.
3. The common procedural rules for making the request, the preparation and the
granting of approvals are drawn up by the organization comprising the desig-nated approval bodies. The common procedural rules are adopted by theCommission on the basis of the opinion of the committee in accordance withArticle 20.
4. In the framework of the organization comprising them, the approval bodies
shall afford each other all necessary support. This organization is also respon-sible for coordination on specific questions of technical approval. If neces-sary, the organization shall establish sub-groups for this purpose.
5. The European technical approvals are published by the approval bodies,
which notify all other approved bodies. At the request of an authorizedapproval body, a complete set of supporting documents for an approval whichhas been granted is to be forwarded to the latter for information.
6. The costs arising from the European technical approval procedure shall be
paid by the applicant in accordance with national rules.
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ANNEXIII
ATTESTATION OF CONFORMITY WITH TECHNICAL SPECIFICA-
TIONS
1. METHODS OF CONTROL OF CONFORMITY
When the procedures for attestation of conformity of a product with tech-
nical specifications pursuant to Article 13 are being determined, thefollowing methods of control of conformity shall be used; the choice andcombination of methods for any given system shall depend on requirementsfor the particular product or group of products according to the criteriaindicated in Article 13 (3) and (4):
(a) initial type-testing of the product by the manufacturer or an approved
body;
(b) testing of samples taken at the factory in accordance with a prescribed
test plan by the manufacturer or an approved body;
(c) audit-testing of samples taken at the factory, on the open market or on a
construction site by the manufacturer or an approved body;
(d) testing of samples from a batch which is ready for delivery, or has been
delivered, by the manufacturer or an approved body;
(e) factory production control;
(f) initial inspection of factory and of factory production control by an
approved body;
(g) continuous surveillance, judgement and assessment of factory produc-
tion control by an approved body.
In the Directive, factory production control means the permanent internal
control of production exercised by the manufacturer. All the elements,requirements and provisions adopted by the manufacturer shall be docu-mented in a systematic manner in the form of written policies and proced-ures. This production control system documentation shall ensure a commonunderstanding of quality assurance and enable the achievement of therequired product characteristics and the effective operation of the productioncontrol system to be checked.
2. SYSTEMS OF CONFORMITY ATTESTATION
Preference is given to application of the following systems of conformity
attestation:
(i) Certification of the conformity of the product by an approved certi-
fication body on the basis of:
(a)(tasks for the manufacturer)
(1) factory production control;(2) further testing of samples taken at the factory by the manufac-
turer in accordance with a prescribed test plan;
(b)(tasks for the approved body)
(3) initial type-testing of the product;(4) initial inspection of factory and of factory production control;(5) continuous surveillance, assessment and approval of factory
production control;
(6) possibly, audit-testing of samples taken at the factory, on the
market or on the construction site.
(ii) Declaration of conformity of the product by the manufacturer on the
basis of:
First possibility:
(a)(tasks for the manufacturer)
(1) initial type-testing of the product;(2) factory production control;(3) possibly, testing of samples taken at the factory in accordance
with a prescribed test plan;
(b)(tasks for the approved body)
(4) certification of factory production control on the basis of:
— initial inspection of factory and of factory production
control,
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— possibly, continuous surveillance, assessment and approval
of factory production control.
Second possibility:
(1) initial type-testing of the product by an approved laboratory;(2) factory production control
Third possibility:
(a) initial type-testing by the manufacturer;
(b) factory production control
3. BODIES INVOLVED IN THE ATTESTATION OF CONFORMITY
With respect to the function of the bodies involved in the attestation of
conformity, distinction shall be made between
(i)certification body , which means an impartial body, governmental or
non-governmental, possessing the necessary competence and responsi-bility to carry out conformity certification according to given rules ofprocedure and management;
(ii)inspection body , which means an impartial body having the organ-
ization, staffing, competence and integrity to perform according tospecified criteria functions such as assessing, recommending for accep-tance and subsequent audit of manufacturers’ quality control opera-tions, and selection and evaluation of products on site or in factories orelsewhere, according to specific criteria;
(iii)testing laboratory , which means a laboratory which measures, exam-
ines, tests, calibrates or otherwise determines the characteristics orperformance of materials or products.
In case (i) and (ii) (first possibility) of paragraph 2, the three functions 3 (i)
to (iii) may be performed by one and the same body or by different bodies,in which case the inspection body and/or the testing laboratory involved inthe attestation of conformity carries out its function on behalf of the certi-fication body.
For the criteria concerning the competence, impartiality and integrity of
certification bodies, inspection bodies and testing laboratories, seeAnnex IV.
4.►
M1CE CONFORMITY MARKING ◄, EC CERTIFICATE OF
CONFORMITY, EC DECLARATION OF CONFORMITY
▼M1
4.1. CE conformity marking
— The CE conformity marking shall consist of the initials ‘CE'taking the
following form:
— If the CE marking is reduced or enlarged the proportions given in the
above graduated drawing must be respected.
— The various components of the CE marking must have substantially the
same vertical dimension, which may not be less than 5 mm.
— The CE marking shall be followed by the identification number of the
body involved in the production control stage.
Additional information
— The CE marking shall be accompanied by the name or identifying mark
of the producer, the last two digits of the year in which the marking wasaffixed, and where appropriate, the number of the EC certificate ofconformity and, where appropriate, indications to identify the character-istics of the product on the basis of the technical specifications.
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4.2. EC certificate of conformity
The EC certificate of conformity shall contain in particular:
— name and address of the certification body,— name and address of the manufacturer or his agent established in the
Community,
— description of the product (type, identification, use …),— provisions to which the product conforms,— particular conditions applicable to the use of the product,— the certificate’s number,— conditions and period of validity of the certificate, where applicable,— name of, and position held by, the person empowered to sign the
certificate.
4.3. EC declaration of conformity
The EC declaration of conformity shall contain in particular:
— name and address of the manufacturer or his agent established in the
Community,
— description of the product (type, identification, use …),— provision to which the product conforms,— particular conditions applicable to the use of the product,— name and address of the approved body, where applicable,— name of, and position held by, the person empowered to sign the
declaration on behalf of the manufacturer or of his authorized repres-entative.
4.4. The certificate and declaration of conformity shall be presented in the
official language or languages of the Member State in which the product istobe used.
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ANNEXIV
APPROVAL OF TESTING LABORATORIES, INSPECTION BODIES
AND CERTIFICATION BODIES
The testing laboratories, the inspection bodies and the certification bodies desig-
nated by the Member States must fulfil the following minimum conditions:
1. availability of personnel and of the necessary means and equipment;2. technical competence and professional integrity of personnel;3. impartiality, in carrying out the tests, preparing the reports, issuing the
certificates and performing the surveillance provided for in the Directive, ofstaff and technical personnel in relation to all circles, groups or personsdirectly or indirectly concerned with construction products;
4. maintenance of professional secrecy by personnel;5. subscription of a civil liability insurance unless that liability is covered by the
State under national law.
Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the
competent authorities of Member States.