1999D0091 — EN — 26.01.1999 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of25January1999
ontheprocedureforattestingtheconformityofconstructionproductspursuanttoArticle20(2)of
CouncilDirective 89/106/EECasregardsthermalinsulatingproducts
(notified under document number C(1999) 115)
(TextwithEEArelevance)
(1999/91/EC)
(OJ L 29, 3.2.1999, p. 44)
Corrected by:
►C1Corrigendum, OJ L 83, 27.3.1999, p. 80 (1999/91/EC)
▼B
COMMISSIONDECISION
of25January1999
on the procedure for attesting the conformity of construction
products pursuant to Article 20(2) of Council Directive 89/106/
EECasregardsthermalinsulatingproducts
(notified under document number C(1999) 115)
(TextwithEEArelevance)
(1999/91/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
the conformity of a product, the ‘least onerous possible procedureconsistent 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 is 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 orfamily of products as used in the mandates and in the technical speci-fications;
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 proceduresmust be implemented, by reference to Annex III, for each product orfamily of products, since Annex III gives preference to certain systems;
Whereas the 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.1999D0091 — EN — 26.01.1999 — 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.1999D0091 — EN — 26.01.1999 — 000.001 — 3
▼C1
▼B
▼B
ANNEXI
Thermal insulating products (factory-made products and products intended to
be formed in-situ):
For any use, excluding those subject to reaction to fire regulations for products
made of materials falling into classes A(1), B (1), C(1).1999D0091 — EN — 26.01.1999 — 000.001 — 4
(1) Materials for which the reaction to fire performance is susceptible to change during
production (in general, those subject to chemical modification, e.g. fire retardants, or
where changes of composition may lead to changes in reaction to fire performance).
▼B
ANNEXII
Thermal insulating products (factory-made products and products intended to
be formed in-situ):
For uses subject to reaction to fire regulations for products made of materials
falling into classes A(1), B (1), C (1).1999D0091 — EN — 26.01.1999 — 000.001 — 5
(1) Materials for which the reaction to fire performance is susceptible to change during
production (in general, those subject to chemical modification, e.g. fire retardants, or
where changes of composition may lead to changes in reaction to fire performance).
▼B
ANNEXIII
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
THERMALINSULATINGPRODUCTS(1/2)
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)Attestation of
conformity
system(s)
Thermal insulating products
(factory-made products and
products intended to be
formedin-situ)any — 3
System 3: See Directive 89/106/EEC, Annex III(2)(ii), Second possibility.
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 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.1999D0091 — EN — 26.01.1999 — 000.001 — 6
▼B
PRODUCT FAMILY
THERMALINSULATINGPRODUCTS(2/2)
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 clas-
se(es)
(reaction to fire)Attestation of
conformity
system(s)
Thermal insulating products
(factory-made products andproducts intended to be
formedin-situ)for uses subject to regula-
tions on reaction to fireA(
1), B (1),
C(1)1
——
A(2), B (2),
C(2)3
——
A(3), D, E, F 4
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) Materials for which the reaction to fire performance is susceptible to change during production (in general,
those subject to chemical modification, e.g. fire retardants, or where changes of composition may lead tochanges in reaction to fire performance).
(
2) Materials for which the reaction to fire performance is not susceptible to change during the production
process.
(3) Materials of class A that according to the Decision 96/603/EC do not require to be tested for reaction to fire.
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 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.1999D0091 — EN — 26.01.1999 — 000.001 — 7