6. 4. 87 Official Journal of the European Communities No C 93/1 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the approximation of the laws, 
regulations and administrative provisions of the Member States 
relating to construction products 
COM(86) 756 final 
(Submitted by the Commission to the Council on 15 January 1987) 
(87/C 93/01) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parlia­
ment, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Member States are responsible for ensuring 
that building and civil engineering works on their terri­
tory are designed and executed in a way that does not 
endanger the safety of persons, domestic animals and 
property; 
Whereas the Member States have mandatory provisions 
including requirements relating not only to safety but 
also to health, durability, energy economy and other 
matters; 
Whereas these requirements which are often the subject 
of national provisions laid down by law, regulation or 
administrative action, have a direct influence on the 
nature of construction products employed and are 
reflected in national product standards, technical 
approvals and other technical specifications, which by 
their disparity hinder trade within the Community; 
Whereas the White Paper on Completing the Internal 
Market approved by the European Council in June 
1985 states, in paragraph 71, that within the general 
policy, particular emphasis will be placed on certain 
sectors, including construction; whereas the removal of 
technical barriers in the construction field, to the extent 
that they cannot be removed by mutual recognition of 
equivalence among all the Member States, should fol­low the new approach set out in the Council resolution 
of 7 May 1985 (!) which requires the definition of essen­
tial requirements to replace the various corresponding 
national provisions; 
Whereas each essential requirement is to be understood 
as requiring that the construction works conform with 
an appropriate degree of reliability according to defined 
criteria; whereas in order to support the presumption 
that products conforming to a standard or technical 
approval recognized at European level meet the essen­
tial requirements, technical documents will be estab­
lished at European level; 
Whereas construction products that are able to meet 
the essential requirements must be allowed free move­
ment and free use for their intended purpose throughout 
the Community; 
•Whereas these essential requirements provide the basis 
for the preparation of harmonized standards at Euro­
pean level for construction products; whereas for this 
purpose the Commission has fixed with the European 
standardization bodies general guidelines for their 
cooperation; 
Whereas in the case of products where European stan­
dards cannot be produced or foreseen within a reason­
able period of time, the essential requirements may 
nevertheless provide the basis for European technical 
approval of the fitness for use of the products; whereas 
it is necessary to establish a procedure for the adoption 
of common guidelines for the granting of European 
technical approvals; 
Whereas in the absence of European standards and 
European technical approvals, national standards or 
other technical specifications may be recognized as pro-
(') OJNoC 136,4.6. 1985, p. 1. 
No C 93/2 Official Journal of the European Communities 6. 4. 87 
viding a suitable basis for a presumption that the essen­
tial requirements are met; 
Whereas it is necessary to ensure the conformity of 
products with the standards and technical approvals 
recognized at European level by means of procedures 
of quality control by manufacturers and of supervision, 
testing assessment and certification by independent 
qualified third parties, at a level appropriate to the 
nature of the product and its importance in relation 
to the essential requirements; whereas products that 
qualify should be readily identifiable by the EC mark; 
Whereas a special procedure should be provided as 
an interim measure for products where standards or 
technical approvals recognized at European level do 
not yet exist; whereas this procedure should facilitate 
Article 1 
1. This Directive shall apply to construction prod­
ucts, so far as the essential requirements referred to in 
Article 2 are concerned. 
2. By construction products is meant products which 
are produced with a view to their incorporation in 
construction works, including both buildings and civil 
engineering works, such as: 
(a) amorphous materials, for example cement, aggre­
gates; 
(b) shaped materials, for example tiles, chipboard 
panels; 
(c) components, i.e. distinct units destined to perform 
one or several specific functions, for example doors, 
stairs; 
(d) assemblies made up of several components used 
together, for example facade panels, partitions; 
(e) installations fulfilling one or several functions 
related to the intended use of the construction 
works, for example waste disposal, water supply 
and drainage; 
(f) in particular cases, complete building works market­
ed as a whole, for example prefabricated houses, 
garages and silos. 
Construction products are hereinafter referred to as 
'products'. 
Article 2 
1. The products must be fit for their intended use, 
that is have such characteristics that the construction 
works in which they are incorporated.in accordance 
with defined rules and conditions, can meet the require­
ments regarding safety, health and certain other aspects 
in the general interest, hereinafter referred to as 'essen­
tial requirements'. recognition of the results of tests performed in another 
Member State according to the technical requirements 
of the importing Member State; 
Whereas a Standing Committee should be set up com­
prising experts designated by Member States to advise 
the Commission on questions arising from the 
implementation and practical application of this Direc­
tive; 
Whereas the responsibility of Member States for safety, 
health and other matters covered by the essential 
requirements on their territory should be recognized in 
a safeguard clause providing for appropriate protective 
measures, 
HAS ADOPTED THIS DIRECTIVE: 
2. The essential requirements applicable to construc­
tion works which may influence the specific character­
istics of a product concern the following aspects: 
(a) mechanical resistance (stability); 
(b) safety in case of fire; 
(c) hygiene and health, environment; 
(d) safety in use; 
(e) durability; 
(f) protection against noise; 
(g) energy economy. 
These requirements are defined in terms of objectives 
in Annex I. 
3. The Council, acting on a proposal from the Com­
mission shall add to the list of essential requirements 
where appropriate and shall specify them in detail 
where necessary. 
4. Member States shall not be obliged to cover all 
the essential requirements set out in paragraph 2 in 
their rules. 
5. Any additional requirements laid down at 
national level must not involve modifications to prod­
ucts that comply with this Directive. 
Article 3 
1. Products shall be presumed to be fit for their 
intended use if they bear the EC mark indicating that 
they conform with: 
(a) European standards as referred to in Chapter II; CHAPTER I 
Field of application—Definitions— 
Requirements—Technical specifications—Free movement 
6. 4. 87 Official Journal of the European Communities No C 93/3 
(b) European technical approvals as referred to in 
Chapter III; 
(c) the relevant national standards or technical 
approvals according to Chapter IV. 
The appropriate references shall be published in the C 
series of the Official Journal of the European Communi­
ties. 
2. Standards and technical approvals which define 
the required characteristics of products in their particu­
lar uses, such as the levels of quality or performance, 
reliability or dimensions, and which may include 
directly or by reference other rules, e.g. concerning 
terminology, symbols, testing and test methods, 
methods of calculation or assessment, classifications, 
packaging, marking or labelling, and the conditions of 
use of the product, are hereinafter referred to as 'techni­
cal specifications'. 
Article 7 
1. European technical approval is a favourable tech­
nical assessment of the fitness for use of a product, 
based on fulfilment of the essential requirements for 
building works, by means of the inherent characteristics 
of the product and the defined conditions of application 
and use. Article 4 
1. Member States shall not obstruct, for reasons 
connected with the essential requirements, the free 
movement, marketing and use on their territory of 
products accompanied by a mark on the product itself, 
a label, its packaging or accompanying commercial 
documents. Member States shall ensure that rules and 
conditions laid down by public and private bodies do 
not prevent the use of such products for their intended 
purpose. 
2. Where technical specifications distinguish 
between different performance classes corresponding 
to different requirement levels, Member States may 
determine, according to their climatic conditions, the 
requirement levels to be respected on their territory 
within the classifications adopted at Community level. 
2. Recourse shall be had to European technical 
approval in cases where, owing to the very novelty of 
the product or in particular the novel use of a traditional 
product, the product is not, or cannot be, covered by 
a European standard, or by national standards that 
make it possible to meet the essential requirements. 
(') OJNoL 109,26.4. 1983, p. 8. CHAPTER II 
European standards 
Article 5 
1. In order to ensure the quality of European standards for products, they shall be 
established by the European standardization bodies on the basis of mandates given by the 
Commission in conformity with the procedures of Council Directive 83/189/EEC(1) after 
consultation of the Committee provided for in Article 19 of this Directive. 
2. The resulting standards should be expressed so far as practicable in product performance 
terms. 
Article 6 
1. All Member States shall communicate to the Commission and to the other Member 
States the texts of their national standards transposing the European standards. 
2. Member States shall publish the reference numbers of those standards within six months 
of the adoption of the corresponding European standards. 
CHAPTER III 
European technical approval 
No C 93/4 Official Journal of the European Communities 6. 4. 87 
3. Products that are the subject of standards or draft 
national standards or mandates for European standards 
under the notification procedure of Directive 83/189/ 
EEC shall not be eligible for European technical 
approval unless the Commission decides otherwise after 
consultation :>f the Committee provided for in Article 
19 of this Directive. 
Article 8 
1. European technical approvals shall be issued, in 
accordance with the procedure laid down in Annex II, 
at the request of the manufacturer of a product or his 
agent, by an approval body designated for this purpose 
by the Member State. 
2. Each Member State shall inform the other Mem­
ber States and the Commission of the names and 
addresses of the bodies that it authorizes to issue Euro­
pean technical approvals. 
3. Approval bodies must satisfy the relevant pro­
visions of this Directive, and especially Annex V ther­
eto; moreover, they must have the capacity to evaluate 
the fitness for use of new products on the basis of 
scientific and practical knowledge that is as broad and 
up-to-date as possible. 
4. The list of approval bodies authorized to issue 
European technical approvals, as well as any modifi­
cations that may be made to it, shall be published in 
the C series of the Official Journal of the European 
Communities. 
Article 9 
1. European technical approval for a product shall 
be founded on examinations, tests and an assessment 
based on the 'guidelines' for European technical 
approval for that product or family of products. 
2. Guidelines for European technical approval for a 
product or family of products shall be established, on a mandate from the Commission, by the European body 
comprising the approval bodies authorized to issue 
European technical approvals. 
3. In order to ensure the quality of European techni­
cal approvals the mandate given by the Commission 
shall be drawn up by the latter after consultation of 
the Committee provided for in Article 19. 
4. The guidelines for European technical approval 
for a product or family of products shall give the 
indications as shown in the Commission's mandate 
regarding the modalities and the period of validity of 
the European technical approval. 
In particular, these shall have to do with the inspection 
to be carried out by the manufacturer and the conform­
ity procedure which must be in accordance with the 
provisions laid down in Articles 12, 13, and 14. 
5. The guidelines for European technical approval 
shall be published by all the approved bodies referred 
to in Article 8 (2). 
Article 10 
1. The approval body that issues the European tech­
nical approval for a product shall establish the text of 
the European technical approval, the content of which 
is laid down in the guidelines relating to the product. 
2. Each approval body shall send to the other 
approval bodies and to the Commission copies of the 
texts of European technical approvals which it estab­
lishes. The European technical approval shall be drawn 
up in the official languages of the Member States. 
Translations shall be certified correct by means of 
endorsements by the approval body of the Member 
State in which the European technical approval is to be 
applied. 
3. The references of the texts of European technical 
approvals shall be published in the C series of the 
Official Journal of the European Communities. 
CHAPTER IV 
Use of national or other technical specifications 
Article 11 
1. Where there exist no technical specifications for a product as referred to in Article 
3 (1) (a) and (b), fitness for use may be based on the relevant parts of the national technical 
specifications that meet the essential requirements. 
Article 12 
1. Member States shall communicate to the Commission the texts of their national 
standards, as referred to in Articles 3 and 11, which they regard as complying with the 
essential requirements referred to in Article 2. The Commission shall forward such texts 
6. 4. 87 Official Journal of the European Communities No C 93/5 
forthwith to the Member States. In accordance with the procedure provided for in paragraph 
2 it shall notify the Member States of those national standards in respect of which there is a 
presumption of conformity with the essential requirements referred to in Article 2. 
Member States shall publish the reference numbers of those standards. The Commission 
shall also publish them in the C series of the Official Journal of the European Communities. 
2. After receiving the communication referred to in paragraph 1 the Commission shall 
consult the Committee created by Directive 83/189/EEC after consultation of the Committee 
provided for in Article 19 of this Directive. Upon receipt of the opinions of these Committees, 
the Commission shall, within one month, inform the Member States whether or not the 
national standard in question shall enjoy the presumption of conformity and, if so, whether 
the references thereof must be published nationally. 
If the Commission or a Member State considers that a national standard no longer satisfies 
the necessary conditions for presumption of compliance with the essential requirements 
referred to in Article 2, the Commission shall consult the Committee created by Directive 
83/189/EEC after consultation of the Committee provided for in Article 19 of this Directive. 
Upon receipt of their opinions, the Commission shall inform the Member States whether or 
not the standard in question shall continue to enjoy a presumption of compliance and, if 
not, that it must be withdrawn from the publications referred to in paragraph 1. 
CHAPTER V 
Attestation of conformity 
Article 13 
1. Products that benefit from the presumption within 
the meaning of Article 3 of conformity with the essential 
requirements shall be subject to a procedure of attesta­
tion of conformity. 
2. The procedures of attestation of conformity that 
may be employed shall be: 
(a) certification of conformity of the product by an 
approved certification body; 
(b) certification of quality control by an approved certi­
fication body followed by a declaration of conformi­
ty of the product by the manufacturer; 
(c) declaration of conformity of the product by the 
manufacturer on the basis of a type examination by 
an approved body; 
(d) declaration of conformity of the product by the 
manufacturer. 
Each of these procedures requires the exercise of a 
quality control by the manufacturer. The quality 
control shall be carried out according to the means 
indicated in Annex III. 
3. The choice of the procedure of attestation of 
conformity for a given product or family of products 
shall be determined by the Commission after consulta­
tion of the Committee provided for in Article 19 accor­
ding to: 
(a) the nature of the product and the variability of its 
characteristics; 
(b) the importance of the part played by the product 
with respect to the essential requirements, in parti­
cular those relating to health and safety. In each case the simplest possible procedure shall be 
chosen. 
4. For each product or family of products the proce­
dure of attestation of conformity adopted shall be the 
subject of consultation of the Committee provided for 
in Article 19. 
The procedure chosen shall be specified in the mandates 
given to the bodies that establish standards and guide­
lines for European technical approvals and shall be 
indicated in those documents. 
5. The nature of the procedure of attestation of 
conformity adopted shall be indicated in the Official 
Journal of the European Communities at the time of 
publication of the corresponding reference: 
(a) for national standards transposing European stan­
dards; 
(b) for guidelines for European technical approvals; 
(c) for national standards or national technical appro­
vals recognized as satisfying the essential require­
ments in the absence of a European standard or 
European technical approval. 
Article 14 
1. Detailed rules for the implementation of the pro­
cedures of attestation of conformity are given in 
Annex IV. 
No C 93/6 Official Journal of the European Communities 6. 4. 87 
2. The certification bodies, inspection bodies and 
test laboratories referred to in Annex IV must be in 
accordance with the provisions of Chapter VII and 
Annex V. 
3. The procedures of attestation of conformity 
according to the terms of Annex IV shall lead to: 
(a) the issue of a certificate of conformity when an 
approved certification body is involved; 
(b) the production of a declaration of conformity by 
the manufacturer or his agent in other cases. 
4. The certificate of conformity and the declaration 
of conformity shall lead to the affixing of the correspon­
ding EC conformity mark, by the manufacturer or his 
agent, on the product itself, on a label attached to it, 
on its packaging or on the accompanying commercial 
documents. The model of the EC conformity mark and 
the rules for its use in respect of each of the procedures 
of attestation of conformity are given in Annex IV. Article 15 
1. Member States shall ensure that the EC conformi­
ty mark is correctly used. 
2. Whenever it becomes clear that the EC conformity 
mark has been incorrectly affixed to a product which 
does not satisfy, or no longer satisfies the provisions of 
this Directive, the approved inspection body shall make 
a report to the Member State concerned, and if necessa­
ry forbid the use of the EC conformity mark until 
such time as the product concerned is brought back to 
conformity. 
The Member State concerned shall immediately inform 
the other Member States and the Commission, giving 
all the qualitative and quantitative details necessary to 
identify the product which does not conform. 
3. Member States shall prohibit the affixing to pro­
ducts, their labels, packaging or accompanying com­
mercial documents, of marks or inscriptions liable to 
be confused with the EC conformity mark. 
CHAPTER VI 
Special procedures 
Article 16 
1. Where a product is not covered by the provisions of Chapters II, III and IV the importing 
Member State shall consider products to be in conformity with the national provisions in 
force if they have satisfied tests and inspections carried out in the producing Member State 
according to the methods ruling in the importing Member State or recognized as equivalent 
by that Member State. 
2. Bodies, performing tests and inspections shall be designated by the Member States and 
shall conform with the relevant provisions of Chapter VII. 
3. Member States shall, on request, supply the designated bodies with all necessary 
information on the procedure to be followed and the tests and inspections to be carried out. 
In case of difficulty, the Commission or a Member State may call for a consultation of the 
Committee provided for in Article 19. 
4. The designated bodies concerned shall afford one another all necessary assistance. 
Article 17 
Importing Member States shall attach the same value to reports and attestations of conformity 
issued in the producing Member State in accordance with the procedure referred to in Article 
16, as they do to their own corresponding national documents. 
6. 4. 87 Official Journal of the European Communities No C 93/7 
CHAPTER VII 
Approved bodies 
Article 18 
1. Each Member State shall forward to the Commission a list of names and addresses of 
certification bodies, inspection bodies and testing laboratories which have been designated 
by that Member State for tasks to be carried out in the context of technical approvals, 
conformity certifications, inspections and tests according to the provisions of this Directive. 
2. Certification bodies, inspection bodies and testing laboratories shall comply with the 
criteria laid down in Annex V. 
3. Member States shall indicate the products that fall within the competence of the 
laboratories referred to in paragraph 1 and the nature of the tasks to be assigned to them. 
CHAPTER VIII 
Standing Committee for Construction 
Article 19 
1. A Standing Committee for construction, hereinafter called 'the Committee', is hereby 
set up. 
2. The Committee shall be made up of representatives appointed by the Member States 
and chaired by a representative of the Commission. Each Member State shall appoint two 
representatives. 
3. The Committee set up under the auspices of the Commission shall give the opinions 
requested by the Commission. On soliciting the Committee's opinion, the Commission may 
fix a time limit by which that opinion should be given. No vote shall be taken. However, 
any member of the Committee may demand that his opinion be set down in the minutes. 
4. The Committee shall draw up its own rules of procedure. 
Article 20 
1. In general, the Committee may, at the request of its Chairman or a Member State, 
examine any question posed by the implementation and the practical application of this 
Directive. 
2. The Commission shall consult the Committee on questions concerning in particular: 
(a) the standardization mandates, guidelines for European technical approvals, documents 
to be adopted at Community level, priorities; 
(b) the acceptance of national standards, national technical approvals and other non-harmoni­
zed technical specifications; 
(c) the application of procedures; 
(d) the approved bodies for certification, inspection and testing; 
(e) the application of the safeguard clause; 
(f) use of the conformity mark. 
No C 93/8 Official Journal of the European Communities 6. 4. 87 
CHAPTER IX 
Safeguard clause 
Article 21 
1. If a Member State finds, on the basis of a reasoned justification, that a product, even 
though in conformity with the provisions of this Directive, presents a danger for safety or 
health, or conflicts with other requirements in the general interest, it may temporarily prohibit 
it or subject its marketing and use to special conditions. It shall immediately inform the 
Commission and the other Member States, stating the reasons for its decision. 
2. The Commission shall carry out a consultation of the Committee within a period of 
15 days. Upon receipt of the Committee's opinion, the Commission shall, within one month, 
inform the Member States whether or not the product in question shall enjoy the presumption 
of conformity with this Directive. 
3. If the Commission or a Member State considers that a European standard, European 
technical approval or other technical specification recognized at Community level does not 
satisfy or no longer satisfies the necessary conditions for presumption of compliance with 
the essential requirements referred to in Article 2, the Commission shall within one month 
consult the Committee. Upon receipt of the latter's opinion, the Commission shall within 
two months inform the Member States whether or not the technical specification in question 
shall continue to enjoy a presumption of compliance and, if necessary, shall initiate the 
appropriate procedures under Chapters II, III or IV. 
4. The Member State which has adopted safeguard measures may maintain them until the 
date on which the Commission's decision takes effect. 
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 of this Directive on 1 January 1989 at the latest. 
They shall forthwith 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 by this Directive. 
Article 23 
At the latest, by 1 January 1994, the Commission, in consultation with the Committee, shall 
re-examine the practicability of the procedures laid down by this Directive and, where 
necessary, submit proposals for appropriate amendments. 
Article 24 
This Directive is addressed to the Member States. 
6. 4. 87 Official Journal of the European Communities No C 93/9 
ANNEX / 
Essential requirements for buildings and civil engineering works 
This Annex contains essential requirements to which construction works, i.e. buildings and civil engineering 
works, have to conform, and which may influence the specific characteristics for products used for the 
construction of the works as referred to in Article 2. 
1. Mechanical resistance (stability) 
The construction works must be designed and built in such a way that the loadings and other influences that 
are liable to act on it during its construction and use will not lead to any of the following: 
(a) collapse of the whole or of part of the work; 
(b) permanent damage to load-bearing elements such as to render them unserviceable, for example significant 
bending or extensive cracking; 
(c) permanent damage to non-load-bearing elements (partitions, for example) or to installed equipment such 
as to render them unserviceable or to interfere seriously with their proper functions. 
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 in 
the works: 
(a) occupants can leave the works or be evacuated unharmed; 
(b) the safety of rescue teams is ensured; 
(c) the fire cannot spread to neighbouring works or parts of them; 
(d) the generation and spread of fire and smoke within the works themselves is limited. 
3. Hygiene and health, environment 
The construction work must be designed and built in such a way that it causes no harm to health in general, 
and in particular as a result of any of the following phenomena: 
(a) the giving-off of toxic gas; 
(b) the presence of dangerous particles or gases in the air or their dangerous accumulation; 
(c) the emission of dangerous radiation; 
(d) pollution or poisoning of the water or soil; 
(e) faulty elimination of waste water, smoke, solid or liquid wastes; 
(f) the presence of damp on the surfaces. 
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. The risks concerned are mainly those associated with floors, movement 
areas and equipment: 
(a) slipperiness, falling down, crashing, shocks due to inappropriate clearance profiles; 
(b) injury arising from operation; 
(c) injury from touch (sharp edges, rough surfaces); 
(d) burns; 
(e) electrocution; 
(f) catching fire; 
(g) explosion; 
(h) breakages, leaks. 
No C 93/10 Official Journal of the European Communities 6. 4. 87 
5. Durability 
The construction work must be designed and built in such a way that it retains its principal properties for 
an economically reasonable working-life, despite the effect of agents acting upon it: wear and tear, shocks or 
pounding actions, climatic, chemical or biological agents, etc., but subject to normal maintenance and use. 
6. 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 will not threaten their health, and that will allow them to sleep, 
rest and work in satisfactory conditions. 
7. Energy economy 
The construction works and installations must be designated and built in such a way that the energy required 
in use shall be moderate, having regard to the climatic conditions of the location, without compromising the 
thermal comfort of the occupants or users. 
ANNEX 11 
European technical approval 
1. Request for European technical approval 
1.1. The manufacturer, or his agent in the Community, of a product for which he wishes to obtain European 
technical approval, must take his request to one of the approval bodies authorized for this purpose in 
the Member States. 
1.2. Each approval body shall communicate to the other approval bodies, the references of the requests for 
European technical approval that it receives. 
2. File 
2.1. As soon as a request for European technical approval is recorded, the approval body must inform the 
applicant of the file contents that must be supplied by him and the conditions that he must fulfil so 
that the work in response to his request may be undertaken. 
2.2. The work cannot be started until the file is complete. The time required for this work may not be 
excessively long compared with that normally experienced in responding to requests for national 
technical approvals of the same level of difficulty. 
2.3. The time required for this work is favourably affected in cases where the applicant wishes to market 
his product in a limited number of Member States. 
3. Response to the request 
3.1. The approval body to which the application is made prepares the approval procedure on the basis of 
common approval guidelines for the product. 
3.2. The draft technical approval procedure shall be submitted for prior consultation to the other approval 
bodies. If necessary a coordination is held within the joint European body comprising the designated 
approval bodies. The modalities of this coordination are determined by the joint European body which 
shall inform the Member States and the Commission of the details. The Standing Committee may 
appoint an ad hoc expert group invited to express their ideas and wishes on the subject. 
3.3. The results of the coordination shall be taken into account by the approval body concerned when 
drawing up the final test programme. 
6. 4. 87 Official Journal of the European Communities No C 93/11 
4. The necessary tests are carried out at laboratories belonging to, or designated by the approval body. 
The testing laboratories shall comply, in the special field concerned, with the criteria laid down in Annex V 
of the Directive. The establishing of expert opinions may be assigned to appropriate bodies or experts 
appointed by the approval body. 
5. Based on the test results and the expert opinions, the approval body prepares the text of technical 
approval. These opinions refer to the guidelines on which the issue was based as well as to the results of the 
discussions reached in the coordination procedure (paragraph 3.2). The approval body may be advised by an 
expert group. 
6. The approval body which issues the European technical approval submits a copy to the Commission 
together with documentation on all the relevant test results and expert opinions. 
7. The costs/fees arising from the European technical approval procedure shall be paid by the applicant 
to the approval body concerned according to the corresponding national law. These costs shall reflect the 
work and services actually performed by the approval body. 
ANNEX 111 
Factory quality control 
1. In this Directive, quality control means the permanent internal control of production exercised by the 
manufacturer or his agent on the responsibility of the manufacturer himself. 
The purpose of the control is to ensure that current production conforms with the technical specifications 
concerned. 
2. The provisions relating to the quality control of a product or family of products shall be established 
depending on: 
(a) the nature of the product and the variability of its characteristics; 
(b) the importance of the part played by the product with regard to the essential requirements, and in 
particular health and safety; 
(c) the degree of difficulty of manufacturing the product; 
(d) economic aspects; 
(e) the technical specifications concerning the product; 
(f) the available evaluation methods. 
3. Quality control comprises operational techniques and all measures necessary to maintain and regulate 
the quality of the product. It consists of inspections and tests and the utilization of their results with regard 
to equipment, basic materials and constituents, processes of manufacturing, and the product itself, and by 
taking account of the corresponding requirements given by the technical specifications. 
4. All necessary facilities, equipment and personnel shall be available to carry out the necessary inspections 
and tests, as indicated above. This requirement may also be fulfilled, if by means of a contract the manufacturer 
or his agent involves a third party having the necessary facilities, equipment and personnel. 
5. The results of the internal control shall be recorded. The records shall take account of the mode of 
manufacturing and of control according to the degree of automation. The records must be kept for at least 
five years. 
No C 93/12 Official Journal of the European Communities 6. 4. 87 
ANNEX IV 
Attestation of conformity with standards or technical approvals 
1. System of attestation of conformity 
The attestation of conformity of a product with the technical specifications and, where relevant, the 
correspondance with certain classes given by the applicable standard or technical approval shall preferably 
correspond to one of the following systems: 
(i) Verification of conformity by an approved certification body by: 
(a) initial type testing by an approved laboratory; 
(b) initial inspection of factory and of factory quality control by an approved body; 
(c) regular testing of factory samples and random testing of samples taken on the open market, if any 
by an approved body; 
(d) surveillance, assessment and approval of factory quality control by an approved body. 
(ii) Certification of quality control management by an approved body and declaration of conformity of the 
product by the manufacturer: 
(a) initial type testing by the manufacturer; 
(b) initial inspection of factory and of factory quality control by an approved body; 
(c) random testing by the manufacturer of factory samples; 
(d) surveillance, assessment and approval of quality control by an approved body. 
(iii) Declaration of conformity of the product by the manufacturer on the basis of: 
(a) initial type testing by an approved laboratory; 
(b) factory quality control. 
(iv) Declaration of conformity of the product by the manufacturer on the basis of: 
(a) initial type testing by the manufacturer; 
(b) factory quality control. 
For the factory quality control, see Annex III. 
2. Choice of system of conformity attestation 
The system of conformity attestation to be applied to a given product or group of products shall be laid 
down according to the terms of Article 13 (3) and (4). 
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 responsibility to carry out conformity certification according to given rules 
of procedure and management; 
(ii) inspection body which means an impartial body having the organization, staffing, competence and 
integrity to perform according to specified criteria functions such as assessing, recommending for 
acceptance and subsequent audit of manufacturers' quality control operations, and selection and 
evaluation of products on site or in factories or elsewhere, according to specified criteria; 
6. 4. 87 Official Journal of the European Communities No C 93/13 
(iii) testing laboratory which means a laboratory which measures, examines, tests, calibrates or otherwise 
determines the characteristics or performance of materials or products. 
In the cases (i) and (ii) of paragraph 1, the three functions 3 (i) to (iii) may be performed by one and the 
same body or by different bodies, in which case, the attestation of conformity carries out its function on 
behalf of the certification body. 
For the criteria concerning the competence, impartiality and integrity of certification bodies, inspection bodies 
and testing laboratories, see Annex V. 
4. Conformity marks 
For each product, the manufacturer or his authorized representative established in the Community shall 
certify conformity with the relevant standard or technical approval by affixing an EC conformity mark on 
the product, a label, its packaging or its accompanying commercial documents (delivery ticket). 
If a conformity certification by an approved certification body corresponding to system (i) or (ii) of paragraph 
1 is required for the product, the EC conformity mark shall correspond to Form la given at the end of this 
Annex. In these cases, the manufacturer may use the EC mark only if he possesses a valid EEC certificate of 
conformity issued by an approved certification body, corresponding to Form 11 given at the end of this Annex. 
If a declaration of conformity by the manufacturer corresponding to system (iii) or (iv) of paragraph 1 is 
required for the product, the EC conformity mark shall correspond to Form lb given at the end of this Annex. 
In the case of system (iii) the manufacturer shall possess an attestation of type testing by an approved testing 
laboratory and an attestation of registration by a body approved by the Member State for this purpose, 
according to Form III and Form IV respectively; and in the case of system (iv) the attestation of registration 
according to Form IV, before he may use EC conformity marks. 
In all cases (i) to (iv) of paragraph 1, the manufacturer may use the EC conformity mark only if the results 
of the factory quality control comply with the provisions oi the relevant technical specifications. Those parts 
of the production which do not comply shall not bear the EC mark. 
The manufacturer using the EC mark shall permit the registering Member State or its approved body to 
make inspections in cases of doubt. 
• 5. Procedure and registration of conformity attestations 
The application for conformity certification or registration shall be made to a body approved by the Member 
State for this purpose. 
The approved bodies shall manage lists of conformity certificates and registrations. 
The duration of validity of the issued conformity certificates and registrations shall not exceed five years. 
Upon request by the applicant it may be extended by up to five years. 
The approved bodies communicate the issued and withdrawn conformity certificates and registrations to the 
Member State or the body designated by it for this purpose. The Member State or its designated body informs 
the Commission and the other Member States correspondingly. 
The Commission and the Member States publish the references of the issued and withdrawn conformity 
certificates and registrations periodically in the Official journal of the European Communities and national 
officials journals, respectively. 
The approved bodies shall keep the records of conformity certificates and registrations for 10 years at least. 
The associated costs/fees are for the account of the applicant. 
The duties and rights between applicants and certification bodies are to be laid down, in each case by a 
contract. 
No C 93/14 Official Journal of the European Communities 6. 4. 87 
Form la 
EC CONFORMITY MARK BASED ON CERTIFICATION BY APPROVED BODY 
(1) Reference number of applicable European Standard, European technical approval or other technical 
specification adopted at Community level + class/category/grade, where relevant. 
(2) Acronym or distinguishing mark of approved certification body which has issued the conformity certificate 
according to Form II. 
(3) Reference number of the issued conformity certificate. 
(4) Symbol of Member State by whom the issuing certification body has been approved. 
6. 4. 87 Official Journal of the European Communities No C 93/15 
Form lb 
EC CONFORMITY MARK BASED ON MANUFACTURER'S DECLARATION 
Manufacturer's 
declaration 
(2) 
(1) Reference number of applicable European Standard, European technical approval or other technical 
specification adopted at Community level + class/category/grade, where relevant. 
(2) Symbol of registrating Member State and registration number. 
No C 93/16 Official Journal of the European Communities 6. 4. 87 
Form II 
EC CERTIFICATE OF CONFORMITY 
(Name and address of certification body) 
(Member State which has approved this body) 
Certificate No: 
(Allocated by approved body) 
Valid until: 
(Date) 
This is to certify that the following construction product: 
Type: 
Trade description: 
Name and trade of manufacturer: 
Address of factory: 
Further characteristics and/or information: 
(In so far as necessary for identification and use of the product) 
(a) conforms with the provisions of: 
(Reference number and title of relevant European Standard, European technical approval or other relevant technical specification 
adopted at Community level) 
(Class/category/grade, where applicable) 
(b) and has been subject to type-testing by: 
(Approved testing laboratory) 
(Reference number(s) of tests) 
6. 4. 87 Official Journal of the European Communities 
(c) and is subject to quality control/surveillance by: 
(Approved inspection body) 
(Reference number(s) of control/surveillance contract) 
(d) and may consequently bear or be accompanied by the EC conformity mark of Form la. 
(Place) (Date) 
(Signature of approved certification body) 
No C 93/18 Official Journal of the European Communities 6. 4. 87 
Form III 
EC ATTESTATION OF INITIAL TYPE-TESTING 
(Name and address of testing laboratory) 
(Member State which has approved this laboratory) 
Attestation No ; 
(Allocated by approved laboratory) 
This is to attest that a type of the following product: 
Type: 
Trade description: 
Name, trade name and address of applicant: 
Further characteristics and/or information: 
(In so far as necessary for identification and use of the product) 
has been subject to type-testing and found in conformity with the provisions of: 
(Reference number and title of relevant Kuropean Standard, European technical approval or other relevant technical specification 
adopted at Community level) 
(Class/category/grade, where applicable) 
(Place) (Date) 
(Signature of approved testing laboratory) 
6. 4. 87 Official Journal of the European Communities No C 93/19 
Form IV 
EC MANUFACTURER'S DECLARATION OF CONFORMITY 
Notified to: 
(Name and address of registering body of the Member State on whose territory the product will be manufactured or into which it 
will be imported from a third country) 
The undersigned: 
(Name, trade name and address of manufacturer) 
herewith declares that from (date), he intends to use the EC conformity mark according to Form lb 
for the following construction product manufactured by him: 
Type: •. 
Trade description: 
Further characteristics and/or information: 
(In so far as necessary for identification and use of the product) 
Factory: 
(Address) 
in conformity with: 
(Reference number and title of relevant European Standard, European technical approval or other relevant technical specification 
adopted at Community level) 
(Class/category/grade, where applicable) 
the provisions of which he undertakes to comply with in full. 
According to the provisions applicable to the considered product, the initial type-testing has been performed 
(a) by the following approved testing laboratory: (') 
(Name and address of approved testing laboratory) 
(') Delete according to the applicable provisions. 
No C 93/20 Official Journal of the European Communities 6. 4. 87 
(Number and date of attestation of type-testing according to Form III) 
(b) by the undersigned himself ('). 
Quality control will be provided by the undersigned himself. 
The undersigned permits the registering body to which the present Declaration of Conformity is notified, to 
make factory inspections in cases of doubt. 
(Place) (Date) 
(Signature of manufacturer) 
(') Delete according to the applicable provisions. 
6. 4. 87 Official Journal of the European Communities No C 93/21 
NOTICE OF REGISTRATION 
(To be filled out by registering body designated by the Member State) 
The above Manufacturer's Declaration of Conformity has been registered by: 
(Registering body) 
for: 
(Member State which has designated the registrating body) 
(Registration No) 
The notifying manufacturer may use the EC conformity mark as applied for: 
From (Date) until (Date) 
on his own responsibility. 
(Place) (Date) 
(Signature of registering body) 
No C 93/22 Official Journal of the European Communities 6. 4. 87 
ANNEX V 
Approval of testing laboratories, inspection bodies 
and certification bodies 
Testing laboratories, inspection bodies and certification bodies, to which tasks according to the provisions 
of this Directive are to be entrusted, shall have the necessary competence, impartiality and integrity to fulfil 
these tasks. 
This may be assumed if they fulfil the: 
(a) general requirements for the acceptance of testing laboratories according to ISO Guide 38; 
(b) general requirements for the acceptance of inspection bodies according to ISO Guide 39; 
(c) general requirements for the acceptance of certification bodies according to ISO Guide 40, respectively. 
In addition, the Commission after consultation of the Standing Committee for construction, may establish 
further technical assessment criteria, e.g. proficiency testing according to ISO Guide 43, depending on the 
tasks to be considered.