Commission Recommendation

of 11 December 2003

on the implementation and use of Eurocodes for construction works and structural construction products

(notified under document number C(2003) 4639)

(Text with EEA relevance)

(2003/887/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,

Whereas:

(1) The Eurocodes are a series of European standards which provide a common series of methods for calculating the mechanical strength of elements playing a structural role in construction works (hereinafter "structural construction products"). Those methods make it possible to design construction works, to check the stability of construction works or parts thereof and to give the necessary dimensions of structural construction products.

(2) 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) concerns the establishment and functioning of the internal market for construction products, as provided for in Article 95 of the Treaty, and applies to products covered by technical specifications, as referred to in Article 4 of Directive 89/106/EEC.

(3) Structural construction products constitute an important part of the construction products market and should therefore be subject to the requirements laid down in Directive 89/106/EEC and, in particular, to the CE marking requirements. In order to enable the producers and notified bodies to assess the mechanical strength of structural construction products, which is necessary for their conformity assessment, the technical specifications should refer to calculation methods developed in the Eurocodes. The mechanical strength should be declared as performance of the product in the documents which accompany the CE marking, in accordance with Directive 89/106/EEC.

(4) The disparities between the various calculation methods referred to in national building regulations hinder the free circulation of engineering and architectural services within the Community. The use of Eurocodes should facilitate the freedom to provide services in the field of construction engineering and architecture by creating the conditions for a harmonised system of general rules.

(5) The majority of structural construction products and construction works are the subject of public contracts. The Eurocodes are to be used by contracting authorities in technical specifications pursuant to Article 14(1) and (2) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts(2) and Article 10(1) and (2) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts(3). Those directives provide that the technical specifications for the award of public services contracts and public works contracts are to be given in the general documents or the contractual documents relating to each contract and that, without prejudice to the legally binding national technical rules and in so far as they are compatible with Community law, such technical specifications are to be defined by the contracting authorities by reference to national standards implementing European standards.

(6) The Eurocodes are also to be used pursuant to Article 18(2) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors(4), which provides that the technical specifications are to be defined by those entities by reference to European specifications, where such exist. Additionally, Article 1(13) of Directive 93/38/EEC specifies that, for the purposes of that Directive, "European specification" is to mean a common technical specification, a European technical approval or a national standard implementing a European standard.

(7) Member States should take all necessary measures to ensure that structural construction products calculated in accordance with the Eurocodes may be used, and should therefore refer to the Eurocodes in their national regulations on design.

(8) Member States should adopt Eurocodes for structural products and construction works and recognise that the use of those Eurocodes raises a presumption of conformity with the essential requirements referred to in Directive 89/106/EEC.

(9) In order to take into account specific geographical, geological or climatic conditions as well as specific levels of protection applicable in their territory, Member States may need specific parameters and the Eurocodes therefore contain "nationally determined parameters". For each nationally determined parameter, the Eurocodes give a recommended value. However, Member States may choose a different specific value as the nationally determined parameter, if they consider it necessary in order to ensure that building and civil engineering works are designed and executed in a way that does not endanger the safety of persons, domestic animals or property.

(10) In order to achieve a higher level of harmonisation, a comparison of the various nationally determined parameters implemented by the Member States should be undertaken and, where appropriate, they should be aligned.

(11) In the absence of technical specifications, as referred to in Article 4 of Directive 89/106/EEC, it is necessary to guarantee the free movement of structural construction products the mechanical strength of which has been assessed using Eurocodes. For that purpose, Member States should include the Eurocodes in the national provisions concerning such products.

(12) The Eurocodes should facilitate the development of common research efforts undertaken by various actors in the Community and dissemination of the results of that research, in particular through professional training. This will result in safer building and civil engineering works in the Community,

HEREBY RECOMMENDS:

1. Member States should adopt the Eurocodes as a suitable tool for designing construction works, checking the mechanical resistance of components, or checking the stability of structures. Member States should recognise that, in the case of construction works designed using the calculation methods described in the Eurocodes, there is a presumption of conformity with essential requirement No 1 "Mechanical resistance and stability", including such aspects of essential requirement No 4 "Safety in use" as relate to mechanical resistance and stability, and with part of essential requirement No 2 "Safety in case of fire", as referred to in Annex I to Directive 89/106/EEC.

2. Member States should lay down the parameters usable in their territory, hereinafter "the nationally determined parameters".

3. Member States should use the recommended values provided by the Eurocodes when nationally determined parameters have been identified in the Eurocodes. They should diverge from those recommended values only where geographical, geological or climatic conditions or specific levels of protection make that necessary. Member States should notify the Commission of the nationally determined parameters in force on their territory within two years of the date on which the Eurocodes become available.

4. Member States should, acting in coordination under the direction of the Commission, compare the nationally determined parameters implemented by each Member State and assess their impact as regards the technical differences for works or parts of works. Member States should, at the request of the Commission, change their nationally determined parameters in order to reduce divergence from the recommended values provided by the Eurocodes.

5. In the absence of technical specifications, as referred to in Article 4 of Directive 89/106/EEC, Member States should refer to the Eurocodes in their national provisions on structural construction products.

6. Member States should undertake research to facilitate the integration into the Eurocodes of the latest developments in scientific and technological knowledge. Member States should pool the national funding available for such research so that it can be used at Community level to contribute to the existing technical and scientific resources for research within the Commission, in cooperation with the Joint Research Centre, thus ensuring an ongoing increased level of protection of buildings and civil works, specifically as regards the resistance of structures to earthquakes and fire.

7. Member States should promote instruction in the use of the Eurocodes, especially in engineering schools and as part of continuous professional development courses for engineers and technicians.

Member States should inform the Commission of all national measures taken in accordance with this Recommendation.

This Recommendation is addressed to the Member States.

Done at Brussels, 11 December 2003.

For the Commission

Erkki Liikanen

Member of the Commission

(1) OJ L 40, 11.2.1989, p. 12. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 209, 24.7.1992, p. 1. Directive as last amended by the Act of Accession of 2003.

(3) OJ L 199, 9.8.1993, p. 54. Directive as last amended by the Act of Accession of 2003.

(4) OJ L 199, 9.8.1993, p. 84. Directive as last amended by the Act of Accession of 2003.