1995D0467 — EN — 02.08.2001 — 001.001 — 1
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►B COMMISSIONDECISION
of24October1995
implementingArticle 20(2)ofCouncilDirective 89/106/EEConconstructionproducts
(TextwithEEArelevance)
(95/467/EC)
(OJ L 268, 10.11.1995, p. 29)
Amended by:
Official Journal
No page date
►M1 Commission Decision 2001/596/EC of 8 January 2001 L 209 33 2.8.2001
▼B
COMMISSIONDECISION
of24October 1995
implementing Article 20 (2) of Council Directive 89/106/EEC on
constructionproducts
(TextwithEEArelevance)
(95/467/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Council Directive 89/106/EEC of 21 December
1988 on the approximation of the laws, regulations and administrativeprovisions of the Member States relating to construction products (
1), as
amended by Directive 93/68/EEC (2), and in particular Article 13
thereof,
Whereas Article 13 (3) of Directive 89/106/EEC provides two different
procedures for attestation of conformity for a product; whereas Article13 (4) requires the choice of the procedure within the meaning of
Article 13 (3) for a given product or family of products to be specified
by the Commission, after consulting the Standing Committee onConstruction;
Whereas this choise between the two procedures has to be specified
according to the criteria laid down in Article 13 (4);
Whereas Article 13 (4) states that, in the case of each procedure, there
is a requirement for the Commission to select the ‘least onerous
possible procedure consistent with safety’; this means that it is neces-
sary to decide whether, for a given product or family of products, theexistence of a factory production control system under the responsi-bility of the manufacturer is necessary and sufficient condition for anattestation of conformity, or whether, for reasons related to the satisfac-
tion of the criteria laid down in Article 13 (4), the intervention of an
approved certification 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 or
family of products as used in the mandates and in the technical speci-fications;
Whereas the two procedures in Article 13 (3) are described in detail in
Annex III to Directive 89/106/EEC; whereas it is necessary to specifyclearly the methods by which the two procedures must be imple-mented, by reference to Annex III, for each product or family ofproducts, 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 without continuoussurveillance, second and third possibilities of point (ii) of Section 2 ofAnnex III, and the procedure referred to in point (b) of Article 13 (3)
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 Annex III;
Whereas the Standing Committee for Construction was consulted, as
required by Article 13 and according to the provisions of Article 20,and provided a favourable opinion on 27 September 1995,1995D0467 — EN — 02.08.2001 — 001.001 — 2
(1) OJ No L 40, 11. 2. 1989, p. 12.
(2) OJ No L 220, 31. 8. 1993, p. 1.
▼B
HAS ADOPTED THIS DECISION:
Article 1
The products and families of products set out in Annex 1 shall have
their conformity attested by a procedure whereby the manufacturerhas 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 2 shall have their conformity attested by
a procedure whereby, in addition to a factory production control systemoperated by the manufacturer, an approved certification body isinvolved in the assessment and surveillance of the production controlor of the product itself.
Article 3
The procedure for attesting conformity as per Annex 3 shall be given
in mandates for harmonized standards.
Article 4
This Decision is addressed to the Member States.1995D0467 — EN — 02.08.2001 — 001.001 — 3
▼B
ANNEX 1
— Chimneys, flues and specific products: chimney terminals.
— Gypsum products: plasterboards, blocks, ceiling elements and plasters,
including the relevant ancillary products, different from those mentioned in
Annex 2.
— Structural bearings: all types of structural bearings intended to be used in
buildings and civil engineering works where requirements on individualbearings are notcrit ical (
1).1995D0467 — EN — 02.08.2001 — 001.001 — 4
(1) Not critical in the sense that those requirements may not, in case of failure of the
bearing and under normal circumstances, put the works or parts thereof in states
beyond those regarded as serviceability and ultimate limit states.
▼B
ANNEX 2
— Chimneys, fuels and specific products: prefabricated chimneys (storey height
elements), flue liners (elements or block), multi-shell chimney (elements or
block), single walled chimneys blocks, kits of free standing chimneys and
attached chimneys.
►M1— Plasterboards and ceiling elements with thin laminations, fibrous
gypsum boards and composite panels, including relevant ancillary products,
falling into classes A1 (1), A2 (1), B (1), C (1) and intended to be used in
walls, ceilings (or linings thereof) subject to reaction to fire
requirements. ◄
— Structural bearings: all types of structural bearings intended to be used in
buildings and civil engineering works where requirements on individual
bearings are critical (2).1995D0467 — 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 fireretardants or a limiting of organic material).
(
2) Critical in the sense that those requirements may, in case of failure of the bearing, put
the works or parts thereof in states beyond those regarded as serviceability and ultimate
limit states.
▼B
ANNEX 3
PRODUCT FAMILY:
CHIMNEYS,FLUESANDSPECIFICPRODUCTS(1/1)
Systemsofattestationofconformity
For the product(s) and intended use(s) listed below, European Committee for
Standardization, European Committee for Electrotechnical Standardization
(CEN/Cenelec) are requested to speciy the following system(s) of attestation of
conformity 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)
Prefabricated chimneys (storey
heightelement s), flue liners
(elements or blocks), multi-
shell chimney (elements or
blocks), single walled chim-
neys blocks, kits of free
standing chimneys and
attached chimneysChimneys ►M1Any◄ 2+(2)
Chimney terminals Chimneys ►M1Any◄ 4(3)
(1) For reaction to fire, see ►M1Commission Decision 2000/147/EC (OJ L 50, 23.2.2000, p. 14) ◄.
(2) System 2 +: See Directive on construction products (CPD) Annex III.2.(ii), first possibility, including certifica-
tion of the factory production control by an approved body on the basis of its continuous surveillance,assessmentand approval.
(
3) System 4: CPD Annex III.2.(ii), third 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 characteristic,
because at least one Member State has no legal requirement at all for such char-
acteristic (see Article 2 (1) of the CPD and, where applicable, clause 1.2.3 of the
Interpretative Documents). In those cases 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:
GYPSUMPRODUCTS(1/4)
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
harmonized standard(s):
Product(s) Intended use(s)Level(s) or class(es)
(Reaction to fire of
incorporated mate-
rials) (1)Attestation of conformity
system(s)
Plasterboards and ceiling
elements with thin lami-
nations, fibrous gypsum
boards, and composite
panels (laminates) in
which the incorporated
material is placed on a
face susceptible to be
exposed to fire,
including relevantancil-
lary productsIn walls, partitions or
ceilings (or lining
thereof) subject to
reaction to fire
requirements►M1A1 (2),
A2 (2), B (2),
C(2)◄
►M1A1 (3),
A2 (3), B (3),
C(3), D, E◄
►M1(A1
toE )(7), F◄1(4)
3(5)
4(6)
(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 any improve-
ment of the reaction to fire classification (e.g. an addition of fire retardants or a limiting of organic material) ◄.
(3)►M1Products/materials not covered by footnote (2)◄.
(4) System 1: See CPD Annex III.2.(i), without audit-testing of samples.1995D0467 — EN — 02.08.2001 — 001.001 — 6
▼B
(5) System 3: See CPD Annex III.2.(ii), Second possibility.
(6) System 4: See CPD Annex III.2.(ii), 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 char-
acteristic (see Article 2 (1) of the CPD and, where applicable, clause 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:
GYPSUMPRODUCTS(2/4)
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
harmonized standard(s):
Product(s) Intended use(s)Level(s) or
class(es)
(Resistance to
fire)Attestation of
conformity
system(s)
Plasterboards, blocks, ceiling
elements and gypsum plasters,
including relevantancillary
productsIn walls, partitions or
ceilings, as relevant,
intended for fire protec-
tion of structural
elements and/or fire
compartmentation inbuildingsAny 3 (
1)
(1) System 3: See CPD, 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 characteristic,
because at least one Member State has no legal requirement at all for such char-
acteristic (see Article 2 (1) of the CPD and, where applicable, clause 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:
GYPSUMPRODUCTS(3/4)
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
harmonized standard(s):
Product(s) Intended use(s)Level(s) or
class(es)Attestation of
conformity
system(s)
Plasterboards, including relevant
ancillary productsFor stiffening timber-
framed windloadbearing
walls or timber roof
struss structures—3 (1)
(1) System 3: See CPD 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 characteristic,
because at least one Member State has no legal requirement at all for such char-
acteristic (see Article 2 (1) of the CPD and, where applicable, clause 1.2.3 of the1995D0467 — EN — 02.08.2001 — 001.001 — 7
▼B
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:
GYPSUMPRODUCTS(4/4)
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
harmonized standard(s):
Product(s) Intended use(s)Level(s) or
class(es)Attestation of
conformity
system(s)
Plasterboards, blocks, ceiling
elements and plasters, includingrelevantancillary product sIn walls, partitions or
ceilings, as relevant, forsituations and uses not
mentioned in (1/4), (2/4)
or (3/4)—4 (
1)
(1) System 4: See CPD Annex III.2.(ii), third 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 characteristic,
because at least one Member State has no legal requirement at all for such char-
acteristic (see Article 2.1 of the CPD and, where applicable, clause 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:
STRUCTURALBEARINGS(1/1)
Systemsofattestationofconformity
For the product(s) and intended use(s) listsed below, CEN/Cenelec are requested
to specify the following system(s) of attestation of conformity in the relevant
harmonized standard(s):
Product(s) Intended use(s)Level(s) or
class(es)Attestation of
conformity
system(s)
Structural bearingsIn buildings and civil
engineering works where
requirements on indivi-
dual bearings are
critical (1)1(3)
In buildings and civil
engineering works where
requirements on indivi-
dual bearings are not
critical (2)3(4)
(1) ‘Critical’ in the sense that those requirements may, in case of failure of the bearing, put the works or parts
thereof in states beyond those regarded as serviceability and ultimate limit states.
(2) ‘Not critical’ in the sense that those requirements may not, in case of failure of the bearing and under normal
circumstances, put the works or parts thereof in states beyond those regarded as serviceability and ultimate limit
states.
(3) System 1: See CPD Annex III.2.(i), without audit-testing of samples.
(4) System 3: See CPD 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 characteristic,
because at least one Member State has no legal requirement at all for such char-
acteristic (see Article 2 (1) of the CPD and, where applicable, clause 1.2.3 of the
Interpretative Documents). In those cases the verification of such a characteristic1995D0467 — EN — 02.08.2001 — 001.001 — 8
▼B
must not be imposed on the manufacturer if he does not wish to declare the
performance of the product in that respect.1995D0467 — EN — 02.08.2001 — 001.001 — 9