23.12. 78 Official Journal of the European Communities No C 308/3 
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 
(Submitted by the Commission to the Council on 30 November 1978) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 100 and 155 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the provisions in force in the Member States 
for the manufacture, inspection and use of 
construction products answer differing requirements; 
whereas these divergences constitute barriers to trade 
within the Community; 
Whereas the construction products sector is very 
large and very diversified; whereas certain products 
and constituent materials are used in other fields; 
whereas harmonized rules at Community level 
already exist for certain products and constituent 
materials; 
Whereas, in order to remove the barriers, steps 
should be taken at Community level to harmonize 
national laws, regulations and administrative 
provisions; whereas these harmonization measures 
must not be contradictory to those already in force 
for certain products belonging to the construction 
products sector; whereas such products should be 
excluded from the scope of this Directive in so far as all the aspects directly connected with it have already 
been expressly covered or are in the course of being 
covered; 
Whereas, in order to remove the barriers, the 
performances to be complied with, the technical 
specifications, the technical guides, the methods of 
testing, of classification and of uniform calculation 
must be suitably defined for the various products by 
means of annexes, standards and technical approvals; 
whereas the results of the tests, calculations, 
classification and checks must be mutually recognized 
by the Member States; 
Whereas the conformity of construction products to 
common provisions must be the subject of 
procedures which are recognized by all the Member 
States; whereas the EEC type-approval, the EEC 
type-examination, the EEC check for conformity to 
type and the EEC self-certification procedures must 
be the subject of a common definition; 
Whereas the documents drawn up under these 
procedures are issued by approved bodies; whereas, 
in order to ensure the reciprocal recognition of these 
documents or of the check on the use of the marks 
and/or certificates of conformity to which they give 
the right, these bodies should be approved on the 
basis of common criteria; 
Whereas the user must be able to tell from the EEC 
mark or certificate of conformity whether a product 
has been the subject of EEC type-approval, EEC 
type-examination or EEC independent certification; 
whereas these procedures should therefore be 
indicated by distinctive marks which are easy to 
interpret; 
No C 308/4 Official Journal of the European Communities 23. 12. 78 
Whereas it is not possible absolutely to define the 
criteria for deciding in advance, according to the type 
of product, which of the EEC type-approval, EEC 
type-examination or EEC independent certification 
procedures should be applied; whereas the 
established practice in the Member States must be 
taken into account in each case; whereas the role the 
product plays, especially from the safety viewpoint, 
must also be taken into account; 
Whereas, in general, the implementing Directives 
must ensure that Member States may not refuse, 
prevent or prohibit the placing on the market of 
products which comply with the requirements of this 
Directive and of the appropriate implementing 
Directive; whereas, in certain cases, it may 
nevertheless be desirable that Member States shall, in 
addition, allow only such products on to their 
market; 
Whereas, without prejudice to Articles 169 and 170 
of the Treaty, provision should be made, within the 
framework of collaboration between Member States, 
for suitable arrangements to facilitate the solution of 
technical disagreements; 
Whereas provision should be made for Directives 
implementing the rules laid down in this Directive on 
construction products or groups of such products; 
whereas these implementing Directives must include 
technical specifications to which such products must 
conform; 
Whereas these implementing Directives are defined in 
this Directive and assume the nature of executive 
measures; whereas it is therefore desirable to confer 
on the Commission, assisted by a committee acting 
on a qualified majority, the powers for executing this 
Directive; 
Whereas construction products put on the market 
coukl, while meeting the provisions of the relevant 
implementing Directive, nevertheless endanger safety 
or health; whereas, therefore, a procedure should be 
established in order to counteract this risk; 
Whereas, for products which are not yet covered by 
an implementing Directive, it is desirable to provide 
for a transitional procedure to facilitate trade within 
the Community; 
Whereas it should be specified that the parties 
concerned must have available the appropriate legal 
means of appeal against decisions taken by the 
appropriate national authorities as regards the 
implementation of this Directive and of the 
implementing Directives, HAS ADOPTED THIS DIRECTIVE: 
CHAPTER I 
Scope and definitions 
Article 1 
1. This Directive shall apply to those products 
which are incorporated in buildings and civil 
engineering' works, hereinafter called 'products', 
which are described in Annex I. 
2. Products which are the subject of separate 
Community Directives shall be excluded from the 
scope of this Directive. 
However, such exclusion shall apply only to those 
aspects which are dealt with in the separate 
Directives. 
Article 2 
For the purposes of this Directive: 
1. (a) 'EEC type-approval' shall mean the act 
whereby a Member State certifies, after 
testing, that a type of product complies with 
the requirements of this Directive and of the 
relevant implementing Directives; 
(b) 'EEC type-examination' shall mean the 
procedure by which a body approved for this 
purpose by a Member State establishes, after 
testing, that a type of product complies with 
the requirements of this Directive and of the 
relevant implementing Directives; 
(c) 'EEC verification of conformity to type' shall 
mean the procedure by which a body 
approved for this purpose by a Member State 
— shall ensure the correct usage, by the 
holder of an EEC approval certificate or 
an EEC type-examination certificate, of an 
EEC mark and/or of the corresponding 
certificate of conformity, 
— shall, by means of checks, factory 
inspections, sampling and tests, ensure that 
the product conforms to a type which has 
been the subject of EEC type-approval or 
EEC type-examination, as the case may be. 
2. 'EEC self-certification' shall mean the procedure 
by which the manufacturer certifies, on his own 
responsibility, that a product complies with the 
requirements of this Directive and of the relevant 
implementing Directives. 
23.12. 78 . Official Journal of the European Communities No C 308/5 
3. 'EEC product' shall mean products bearing one 
of the following EEC marks and/or accompanied by 
one of the following corresponding certificates of 
conformity: 
(a) the EEC mark of EEC type-approval and/or the 
EEC type-approval certificate of conformity; 
(b) the EEC mark of EEC type-examination and/or 
the EEC type-examination certificate of 
conformity; 
(c) the EEC mark of EEC self-certification and/or 
the self-certification certificate of conformity. 
4. 'Technical approval' shall mean an assessment 
of a product's suitability for use, based on 
performance, where such product, by reason of its 
novel use of materials or of the novelty of the 
materials themselves, is not yet covered by a 
standard. 
This assessment shall be directed by technical guides 
and shall be based on laboratory and in situ 
experiments, which shall be as wide in scope as 
possible. 
5. 'The applicant', 'the beneficiary' or 'the holder' 
shall mean the manufacturer, the issuer of the licence 
or their duly accredited representative within the 
Community. 
Article 3 
The model EEC marks and the models for the EEC 
type-approval, EEC type-examination and EEC 
self-certification certificates of conformity are set out 
in Annex V. 
CHAPTER II 
Basic principles 
Article 4 
1. The implementing Directives covering the 
products referred to in Article 1 shall be issued in 
accordance with the procedure laid down in Article 
28. 
Implementing Directives may: 
— either be of a general nature, for all products or 
for a sub-assembly of products, 
— or relate to a group of products or to a particular 
aspect of a group of products. 
The provisions of the implementing Directives shall 
be such that the products which conform to them 
shall allow the constructions in which they are used 
to meet generally recognized requirements, especially 
those concerning safety. Such requirements are set 
out in Annex II. 2. The implementing Directives shall lay down in 
each individual case, by the means appropriate to the 
product in question, and as necessary: 
— the technical characteristics, having regard to the 
intended use, 
— the methods of testing, 
— the methods of calculating the properties and 
performance of a product, 
— the classification and methods of classification, 
— the inspection procedures, 
— the rules for bringing the products into use. 
3. The implementing Directives shall state, for 
each individual case, which procedure(s) described in 
this Directive shall apply to the marketing of the EEC 
product concerned. 
The choice of procedure shall take account both of 
established practice and of the provisions of 
paragraph 1 and of Annex II. 
Article 5 
1. The implementing Directives may provide that 
EEC type-approval, EEC type-examination or EEC 
self-certification shall be temporarily based on 
technical approvals issued by approved bodies in 
accordance with the guidance given in those 
Directives. 
2. Such implementing Directives shall lay down 
the provisions necessary to ensure that the technical 
approvals issued by the competent approved bodies 
are consistent with each other. 
Article 6 
The implementing Directives shall state, where 
necessary, the date after which Member States may 
no longer permit the marketing of products which 
are covered by these Directives but are not in 
conformity with them. 
Article 7 
1. Member States may not refuse, prohibit or 
restrict the marketing of an EEC product, or its use 
for its intended purpose, on grounds covered by this 
Directive and the relevant implementing Directives, if 
such product conforms to the provisions of such 
Directives. 
2. Products having EEC marks and/or certificates 
of conformity shall be presumed to be in conformity 
with such provisions. 
No C 308/6 Official Journal of the 
CHAPTER III 
EEC type-approval and certificate 
Article 8 
1. The EEC type-approval certificate is the 
document by which the Member State certifies that a 
type of product conforms with the provisions of this 
Directive and of the implementing Directive. 
2. The obtaining of an EEC type-approval 
certificate, when provided for by an implementing 
Directive, shall be a prerequisite to the marketing and 
use for its intended purpose of an EEC product. 
Article 9 
1. The application for EEC type-approval of a 
type of product shall be made to the Member State 
by the applicant in accordance with the procedure 
laid down in Annex III. 
Each Member State shall communicate to the other 
Member States and to the Commission the addresses 
to which applications for EEC type-approval must be 
sent. 
2. The Member State to whom the application is 
addressed shall acknowledge receipt thereof. 
3. For a specific type of product, subject to any 
special provisions in the relevant implementing 
Directive, an applicant may only make application 
for EEC type-approval to one Member State. 
Article 10 
1. If the type of product submitted for EEC 
type-approval conforms with the provisions of this 
Directive and the relevant implementing Directives, 
the Member State shall grant approval and shall 
issue, in accordance with the model set out in Annex 
IV, an EEC type-approval certificate, note of which 
shall be given to the applicant. 
When EEC type-approval is subject to the conditions 
laid down in Chapter V, and in particular those in 
Article 19, and to those set out in the implementing 
Directives, the applicant shall undertake to abide by 
these conditions. 
2. Moreover, an EEC type-approval may be made 
subject to a time limit or to other conditions set out European Communities 23.12. 78 
in the implementing Directives. In particular, when 
the application is made, access to the works for 
inspectors and the means for them to ensure the 
conformity of the products manufactured with the 
approved type shall be guaranteed. 
3. The implementing Directives may provide that 
the applicant shall inform the Member State of the 
date from which he will start to manufacture the 
product. 
4. The applicant shall affix the EEC type-approval 
mark and/or draw up an EEC type-approval 
certificate of conformity in accordance with the 
provisions of the implementing Directive. 
Article 11 
1. If a Member State observes that several samples 
of a type-approved product do not conform to this 
type, it shall request the holder of the certificate to 
rectify manufacture within a period specified by it, 
with possible suspension of the certification. 
Where necessary, the implementing Directive relating 
to this type of product shall stipulate the number of 
samples deemed sufficient to justify intervention by a 
Member State. If the holder of the EEC 
type-approval certificate does not act upon the 
request within the stated period, the Member State 
shall suspend or withdraw the type-approval under 
the conditions laid down in Annexes III and IV. 
2. The Member State may withdraw the EEC 
type-approval granted by it if it establishes that such 
approval ought not to have been granted. 
3. It shall suspend or withdraw EEC type-approval 
where the recipient no longer complies with the 
conditions referred to in Article 10. 
Article 12 
1. If a Member State is informed by another 
Member State of the existence of one of the cases 
referred to in Article 11, it shall comply, after 
consultation with that Member State, with the 
measures stated in that Article. 
2. In the event of a dispute between the Member 
State which granted the EEC type-approval and 
another Member State over the advisability of 
suspension or over the obligation to withdraw 
approval, the matter shall be brought before the 
Commission, which shall in consequence take all 
23.12, 78 Official Journal of the European Communities No C 308/7 
measures necessary, without prejudice to the 
provisions of the Treaty. 
3. An EEC type-approval may only be withdrawn 
by the Member State which granted it. This Member 
State shall immediately inform the other Member 
States and the Commission thereof, giving as far as 
possible the quantitative and qualitative details 
necessary to identify the non-conforming product. 
CHAPTER IV 
EEC type-examination and certification 
Article 13 
1. The EEC type-examination certificate is the 
document by which the approved body certifies that 
a type of product conforms with the provisions of 
this Directive and of the implementing Directive. 
2. The obtaining of the EEC type-examination 
certificate, when provided for by an implementing 
Directive, shall be a prerequisite to the marketing and 
use for its intended purpose of an EEC product. 
Article 14 
1. The application for an EEC examination of a 
type of product shall be made to the approved body 
by the applicant in accordance with the procedure 
laid down in Annex III. 
2. The approved body to whom the application is 
addressed shall acknowledge receipt thereof. 
3. For a specific type of product, subject to any 
special provisions in the relevant implementing 
Directive an applicant may only make application for 
EEC examination to one competent approved body. 
Article 15 
1. If the type of product submitted for EEC 
type-examination conforms with the provisions of 
this Directive and the relevant implementing 
Directives, the approved body shall issue, in 
accordance with the model contained in Annex IV, 
the EEC type-examination certificate, notice of which 
shall be given to the applicant. When EEC 
type-examination is subject to the conditions laid 
down in Chapter V, and in particular those in Article 
19, and to those set out in the implementing Directives, the applicant shall undertake to abide by 
these conditions. 
2. Moreover, an EEC type-examination certificate 
may be made subject to a time limit or to other 
conditions set out in the implementing Directives. In 
particular, when the application is made, access to 
the works for inspectors and the means for them to 
ensure the conformity of the product manufactured 
with the type submitted for EEC examination shall 
be guaranteed. 
3. The implementing Directives may state that the 
applicant shall inform the approved body of the date 
from which he will start to manufacture the product. 
4. The applicant shall affix the EEC 
type-examination mark and/or draw up an EEC 
type-examination certificate of conformity in 
accordance with the provisions of the implementing 
Directive. 
Article 16 
1. If an approved body observes that several 
samples of a product for the type of which an EEC 
type-examination certificate has been issued do not 
conform to this type, it shall request the holder of the 
certificate to rectify manufacture within a period 
specified by it, with possible suspension of the 
certification. 
Where necessary, the implementing Directive relating 
to this type of product shall stipulate the number of 
samples deemed sufficient to justify intervention by 
the approved body. If the holder of the EEC 
examination certificate does not act upon the request 
within the stated period, the approved body shall 
suspend or withdraw the type-examination certificate 
under the conditions laid down in Annexes III 
and IV. 
2. The approved body may withdraw the EEC 
type-examination certificate granted by it if it 
establishes that it ought not to have been granted. 
3. It shall suspend or withdraw an EEC 
type-examination certificate where the recipient no 
longer complies with the conditions referred to in 
Article 15. 
Article 17 
1. If in a Member State one of the cases described 
in Article 16 is observed, that Member State shall 
No C 308/8 Official Journal of the European Communities 23.12. 78 
inform the Member State in which the EEC 
type-examination certificate was issued. 
2. The Member State in which the EEC 
type-examination certificate was issued shall require 
the approved body to take the measures provided for 
in Article 16. 
3. In the event of a dispute between the Member 
State in which an EEC type-examination certificate 
was issued and another Member State, the matter 
shall be brought before the Commission, which shall 
in consequence take all measures necessary, without 
prejudice to the provisions of the Treaty. 
4. An EEC type-examination certificate may only 
be withdrawn by the approved body which granted 
it. This approved body shall immediately inform the 
Member State which appointed it of its action. This 
Member State shall immediately inform the other 
Member States and the Commission thereof, giving as 
far as possible the quantitative and qualitative details 
necessary to identify the non-conforming product. 
CHAPTER V 
EEC type conformity check 
Article 18 
EEC type conformity checks shall be carried out by 
the approved bodies referred to in Chapter X. 
Article 19 
The holder of the type-approval certificate or the 
type-examination certificate shall: 
(a) inform the approved body responsible for EEC 
type conformity checks: 
— of the place where the manufacturing plant is 
located, 
— of the date on which manufacture will start, 
— of any other necessary information laid down 
in the implementing Directive; 
(b) ensure access for the representatives of the 
approved body to the manufacturing plant 
and/or to the stores involved and to the 
inspection registers and give them all the 
information necessary for the performance of 
their task; 
(c) permit the approved body to take samples in 
accordance with the procedures provided for by 
the implementing Directive. 
Article 20 
1. The inspecting body shall ascertain whether the 
manufacturer has available the necessary means and the competent staff to enable him to carry out 
internal inspection of the EEC products 
manufactured, whether he actually carries out this 
internal inspection and whether he keeps inspection 
registers if this is laid down by the implementing 
Directive. 
2. The approved inspecting body may take 
samples without prior warning from the 
manufacturing plant and the specified stores. 
Furthermore, it is entitled to take samples against 
payment at all stages of marketing including, in 
appropriate circumstances, from building sites. 
3. If the manufacturing plant or the stores are 
situated in, or if marketing is carried out in, a 
Member State other than that which granted the EEC 
type-approval, the inspecting body approved by the 
Member State which has granted such type-approval 
may collaborate with the approved body in the 
Member State where the samples are to be taken for 
the checks referred to in paragraph 2. 
In the case of EEC type-examination, the approved 
body which has granted the examination certificate 
may collaborate with the approved inspection body 
in so far as these two bodies are separate. 
4. The approved body which has carried out the 
inspection shall forward its report, depending on the 
circumstances, to the Member State which has issued 
the EEC type-approval or to the approved body 
which has issued the EEC type-examination 
certificate if this is a separate body. 
Article 21 
1. Where the checks referred to in Article 20 prove 
that the product manufactured does not conform to 
the type which has been approved or which has 
received the EEC type-examination certificate and/or 
that the provisions of this Directive and the relevant 
implementing Directives have not all been satisfied, 
the Member State or the approved body shall take 
against the beneficiary, and according to the 
circumstances, the measures referred to respectively 
in Articles 11 and 12 or in Articles 16 and 17. 
2. As in the case of the withdrawal decision, the 
suspension decision shall be communicated to the 
other Member States, who shall inform the approved 
bodies thereof, and also the Commission. 
CHAPTER VI 
EEC self-certification 
Article 22 
1. The implementing Directives may provide for 
EEC self-certification. In this case, the manufacturer 
23. 12. 78 Official Journal of the European Communities No C 308/9 
shall affix the EEC self-certification mark and/or 
shall establish the self-certificate of conformity in 
accordance with the provisions of the implementing 
Directives. 
2. The implementing Directives may also specify 
that the manufacturer shall draw up a technical note 
which he shall attach to the accompanying 
commercial documents. The model of the technical 
note shall be laid down in the implementing Directive 
which provides for it. 
3. Where applicable, the implementing Directives 
may provide for the self-certification of conformity 
and/or the technical note to be replaced by a 
manufacturer's declaration entered directly on the 
accompanying commercial documents. 
Article 23 
1. A manufacturer who intends to use EEC 
self-certification shall inform the Member State on 
whose territory the product is manufactured thereof, 
the date on which he will begin and, where 
applicable, the date on which he will cease to use 
self-certification. 
2. The manufacturer shall draw up his declaration 
of intent in accordance with the model set out in 
Annex V. The Member State to whom this is 
addressed shall send copies thereof to the other 
Member States and to the Commission. 
3. For products manufactured outside the territory 
of the Community, the Member State to whom the 
manufacturer's declaration is addressed shall send 
copies thereof to the other Member States and to the 
Commission. 
Article 24 
In order to apply EEC self-certification a 
manufacturer shall have available the technical means 
needed to check the products manufactured and shall 
carry out such checks under the conditions provided 
for by the implementing Directive and shall keep 
inspection registers. 
'Have available' here means that the manufacturer 
shall have in his factories the necessary equipment 
and staff or that he shall make use of a body which 
possesses these and with which he is linked by a 
permanent contract. 
Article 25 
Member States shall take all necessary measures to 
ensure that self-certified EEC products satisfy the provisions of this Directive and of the relevant 
implementing Directives. In particular they shall 
oblige the manufacturer to permit visits to his plant 
by inspectors and, if necessary, to submit the 
inspection registers to them. 
Article 26 
1. Without prejudice to other provisions of 
national legislation, a Member State may withdraw 
from a manufacturer the right to apply EEC 
self-certification if it becomes clear that the product 
does not conform to the provisions of the relevant 
implementing Directive and/or that the provisions of 
this Directive are not being respected. 
2. In this case, this Member State shall 
immediately inform the other Member States and the 
Commission thereof giving as far as possible the 
quantitative and qualitative details necessary to 
identify the non-conforming product. 
3. In the event of a dispute between Member 
States on the need or otherwise to withdraw from a 
manufacturer the right to apply EEC 
self-certification, the matter shall be brought before 
the Commission which shall in consequence take all 
measures necessary. 
CHAPTER VII 
Procedure for the adoptation of implementing 
Directives 
Article 27 
1. A Committee for Implementing Directives is 
hereby set up with a view to removing technical 
barriers to trade in the construction products sector, 
hereinafter called 'the committee', which shall 
comprise representatives of the Member States, with 
a representative of the Commission as chairman. 
2. The committee shall adopt its own rules of 
procedure. 
Article 28 
1. Where the procedure laid down in this Article is 
to be followed, matters shall be referred to the 
committee by the chairman, either on his own 
initiative or at the request of the representative of a 
Member State. 
2. The representative of the Commission shall 
submit to the committee a draft implementing 
No C 308/10 Official Journal of 
Directive. The committee shall deliver its opinion on 
this draft within a time limit set by the chairman, 
having regard to the urgency of the matter. Opinions 
shall be adopted by a majority of 41 votes, the votes 
of the Member States being weighted as provided in 
Article 148 (2) of the Treaty. The chairman shall not 
vote. 
3. (a) The Commission shall issue the implementing 
Directive when it is in accordance with the 
opinion of the committee. 
(b) Where the draft implementing Directive is not 
in accordance with the opinion of the 
committee, or in the absence of an opinion, 
the Commission shall without delay submit to 
the Council a proposal relating to the 
implementing Directive. The Council shall act 
by a qualified majority. 
(c) If, after a period of three months from the 
date on which the matter was brought before 
the Council, the latter has not taken any 
action, the draft implementing Directive shall 
be issued by the Commission. 
CHAPTER VIII 
Safeguard clause 
Article 29 
1. Where a Member State has good grounds for 
believing that an EEC product, although satisfying 
the requirements of this Directive and the relevant 
implementing Directives, presents a hazard to safety 
or health, it may temporarily prohibit, or attach 
special conditions to, the marketing and use of that 
product. It shall immediately inform the Commission 
and other Member States thereof, giving the reasons 
for its decision. 
2. The Commission shall consult the Member 
States concerned within six weeks, then deliver its 
opinion without delay and take the appropriate 
measures. 
3. If the Commission considers that amendments 
to the relevant implementing Directives are needed, 
such amendments shall be adopted in accordance 
with the procedure laid down in Article 28; in this 
event the Member State which took the safeguard 
measures may retain them until these amendments 
come into force: 
CHAPTER IX 
Special provisions 
Article 30 
1. This Article shall apply to products within the 
scope of this Directive, as defined in Article 1, which 
are not yet the subject of an implementing Directive. European Communities 23.12. 78 
2. In this event: 
(a) the Member State - addressed shall consider as 
conforming to current national laws, regulations 
and administrative provisions those products 
which have satisfied the tests and checks carried 
out by an approved body; 
(b) the tests and checks shall be carried out in 
accordance with the methods current in the 
Member >State addressed or recognized as 
equivalent by that Member State; 
(c) Member States shall, on request, supply 
approved bodies with all necessary information 
on the procedure to be followed and on the tests 
and checks to be carried out. 
3. Member States shall attach to reports and 
certificates issued by the approved body which has 
carried out the tests and checks provided for in 
paragraph 2 (b) the same value as they attach to the 
corresponding national documents. 
CHAPTER X 
Approved bodies 
Article 31 
Each Member State shall forward to the other 
Member States and to the Commission the list of 
approved bodies, with addresses, referred to in 
Articles 5, 13, 18 and 30, specifying the groups of 
products falling within their competence and the 
nature of the task assigned to them. It shall also 
inform the other Member States and the Commission 
of any subsequent change in this list. 
Article 32 
The approved bodies shall in all cases satisfy the 
minimum criteria laid down in Annex VI without 
prejudice to the competence of the Member States to 
take measures and lay down the conditions which 
they consider necessary at a national level to ensure 
the proper working of these bodies. 
Satisfaction of these minimum criteria by a body shall 
not oblige a Member State to approve this body. 
23.12. 78 Official Journal of the European Communities No C 308/11 
Article 33 
1. Member States shall ensure that the approved 
bodies carry out the tasks assigned to them correctly. 
To this end, they shall by appropriate measures 
oblige the approved bodies to submit to inspection at 
any time by the Member State which has appointed 
them. 
2. A Member State may authorize a body which it 
has approved, without thereby limiting this body's 
own responsibility, to entrust to one or more 
laboratories the execution of the tests to be carried 
out as part of the EEC type-examination. These 
laboratories shall satisfy the minimum criteria laid 
down in Annex VI. 
3. If a Member State finds that a body which it 
has appointed is not carrying out the tasks assigned 
to it correctly, the Member State shall take all the 
appropriate measures in respect of this body. 
4. In all cases the Member State shall withdraw 
approval from a body which it has appointed if it 
finds that this body has ceased to satisfy the 
minimum criteria laid down in Annex VI. 
5. If a Member State does not withdraw approval 
from a body which no longer satisfies the minimum 
criteria, any other Member State may, without 
prejudice to the provisions of the Treaty, bring the 
matter before the Commission, which shall in 
consequence take all measures necessary. 
Article 34 
1. The Member State which withdraws approval 
from a body shall take all measures necessary to 
ensure continuity in the implementation of the 
obligations and duties which result from the 
attestations, certificates and reports drawn up by this 
body before the withdrawal of approval. 
2. The Member State may annul attestations, 
certificates and reports established by this body 
before the withdrawal of the approval in so far as 
they should not have been issued. 
CHAPTER XI 
General and final provisions 
Article 35 type-approval, EEC type-examination or EEC 
self-certification should not carry either on the 
products themselves or on their packaging or their 
certificates of conformity or the accompanying 
commercial documents any signs, marks or 
inscriptions likely to create confusion with the EEC 
marks. 
Article 36 
1. The costs resulting from the operation of the 
EEC type-approval procedure or of the EEC 
type-examination and the costs of EEC type 
conformity checks with which these procedures are 
linked shall be borne by the applicant. 
2. These costs shall cover the expenses incurred by 
the Member State and/or the approved body. 
3. The implementing Directives may lay down the 
rules for the implementation of paragraph 2. 
Article 37 
1. Member Stares shall take all measures necessary 
to ensure that the parties concerned may appeal 
against the decisions referred to in Articles 7, 10 to 
12, 15 to 17, 21, 26, 30, 33, 34 and 36 or against any 
other decision taken in pursuance of this Directive 
and of the implementing Directives. 
2. The reasons for any decisions by a Member 
State shall be set out and the party concerned shall be 
notified as soon as possible of the decision and of the 
means of appeal available in the Member State and 
the period within which such appeals must be lodged. 
Article 38 
1. Member States shall bring into force the laws, 
regulations or administrative provisions necessary to 
comply with this Directive within a period of 18 
months from its notification and shall forthwith 
inform the Commission thereof. 
2. As soon as this Directive has been notified, 
Member States shall also ensure that the Commission 
is informed, in sufficient time for it to submit its 
comments, of any subsequent draft essential laws, 
regulations or administrative provisions which they 
intend to adopt within the field covered by this 
Directive. 
Article 39 
Member States shall take all measures necessary to 
ensure that products which have not received EEC This Directive is addressed to the Member States. 
No C 308/12 Official Journal of the European Communities 23, 12. 78 
ANNEX 1 
CONSTRUCTION PRODUCTS 
Description 
1. Construction products incorporated in buildings and civil engineering works are products, of 
which the use, working or installation or laying come under the economic activities listed in 
Class 50 of the 'General industrial classification of economic activities within the European 
Communities (NACE)' shown in the following table: 
Cass 
JO 
Group 
500 
501 
502 
503 
504 Building and civil engineering 
Building and civil engineering (no specialization) 
demolition 
Construction of buildings (residential and others) 
Civil engineering: construction of roads, bridges, 
railways, etc. 
Installations -
Fitting out and finishing 
2. Products suitable for use in a building or in civil engineering works which come within the 
scope of this Directive (see Article 1), and which may be the subject of implementing 
Directives, are: 
elements: 
e.g. prefabricated wall elements, 
prefabricated roof elements; 
components: ' 
e.g. door components, including locks and ironmongery, 
staircases; 
shaped materials: 
e.g. bridges, tiles, pipes and panels; 
amorphous materials: 
e.g. granular materials and paint; 
installations: 
e.g. waste disposal installations, 
water supply system. 
3. The products listed in paragraph 2 of this Annex are given as examples. They do not 
constitute a definitive list. 
23. 12. 78 Official Journal of the European Communities No C 308/13 
ANNEX 7/ 
REQUIREMENTS RELATING TO CONSTRUCTION PRODUCTS 
1. Basic requirements for buildings and works 
In defining the requirements of specific users of buildings and, in some circumstances, of 
society in general, the following properties of buildings must be taken into account: 
— reliability, 
— safety, 
— hygiene, 
— comfort, 
— economy. 
In particular, these properties cover: 
— stability of the buildings and of its parts, 
— safety in the event of fire, 
— safety in the use of fitments and fixtures, 
— safety of traffic (on foot or mechanical), 
— security against intruders, 
— air purity, 
— potability of watei, 
— absence of any harmful materials with which the occupants might come into contact, 
— protection against insects and other pests, 
— absence of damp walls, 
— easy maintenance of the property, especially service areas, 
— feasibility of disinfection, 
— removal of rubbish, 
— acoustic comfort, 
— hygrothermic comfort, 
— durability, 
— performance/cost ratio, 
— maintenance and operational costs. 
2. Requirements relating to products 
The performance of the building as a whole can sometimes be used as a basis for calculating 
or forecasting the performance of elements and components which, in their turn, depend on 
the physical properties of their constituent materials. The main requirement for amorphous 
and shaped construction materials is that their properties must be known and their 
performances must remain stable within specified limits. 
Implementing Directives, by laying down methods of classification, testing and inspection, 
must enable the following objective to be attained: products must be so manufactured and 
dimensioned that they can be used for their intended purpose, that they are stable in use, 
No C 308/14 Official Journal of the European Communities 23. 12. 78 
that their durability is reasonably predictable and that the proportion of defective products 
remains within acceptable limits. 
To this end: 
(a) the values for the properties of products which are characteristic of a group of products 
and/or which indicate their suitability for use must be 
— established by the manufacturer, 
— freely available in the manufacturer's literature, 
— indicated on the packaging, where possible; 
(b) EEC marks, together with the particulars on origin specified in the implementing 
Directives, must appear on the products, on the packaging or on the accompanying 
commercial documents. 
3. Requirements relating to the bringing into use of products 
The basic requirements relating to buildings and works can only be fulfilled if the products 
incorporated in them are used properly and correctly installed. To this end, implementing 
Directives must contain provisions ensuring that the manufacturer supplies adequate 
information to the designers, the constructors and the users on the optimum conditions of 
use. 
• I 
23.12.78 Official Journal of the European Communities No C 308/15 
ANNEX 7/7 
EEC TYPE-APPROVAL AND TYPE-EXAMINATION 
1. Applicant's obligation 
1.1. The application shall be sent to the address (or, in the case of EEC type-examination, to 
one of the addresses) indicated by the Member State. 
The Member State to whom the application is addressed has the right to require that the 
application and the relevant correspondence be in its official language or languages. This 
also applies to all documents attached to the application. 
1.2. The application shall be in two parts: 
— the administrative dossier, 
— the technical dossier. 
1.2.1. The administrative dossier shall comprise the following: 
— name, address and status of applicant (manufacturer, licenser or agent), 
— details of the person to whom correspondence must be addressed, 
— the implementing Directive invoked, 
— trade description(s) of the product, 
— a statement on the ownership of the manufacturing process (e.g. patents) which 
enables the applicant to make the application, 
— a statement certifying that the applicant has not submitted the same application to 
another country or approved body. 
1.2.2. The technical dossier shall comprise (in duplicate): 
— all the descriptive documents and drawings needed to understand the manufacturing 
process for the product and the way in which it is used, and any documents required 
by the implementing Directive, 
— documents relating to any national approval already given to the product, 
— EEC type-approval or type-examination certificates already granted for objects 
incorporated in the product or EEC self-certification certificates, 
— the locations provided for affixing the mark in accordance with the latitude allowed 
by the implementing Directive. 
2. Obligations of the Member State or approved body 
2.1. The applicant shall receive, within six weeks from the receipt of his application, noti­
fication as to whether such application has been granted or refused. 
' If it is granted, he shall be notified of the serial number, of the dossier's priority date 
and of the expected date of issue of the certificate. 
If it is refused, he shall be notified of the reasons for refusal, and, where applicable, 
of any items the submission of which might make the application acceptable. 
2.2. The Member State or approved body shall, at the same time, send an estimate of the 
charge for its action. 
No C 308/16 Official Journal of the European Communities 23.12. 78 
2.3. The Member State or approved body shall initiate the examination of the application, 
in accordance with the relevant implementing Directive. 
2.4. If, within the period stated in paragraph 2.1 above, the examination has not been 
completed, the applicant shall be entitled to request repayment of any fees and shall 
be free to submit an application to another Member State or approved body., 
3. Certificates 
3.1. The EEC type-approval and EEC type-examination certificates shall be drawn up in 
accordance with the models in Annex IV. 
3.2. The certificate shall state the conclusions of the EEC type-approval or type-examination 
and shall indicate any conditions to which it may be subject. It shall be accompanied 
by any descriptions and files needed to identify the type and may describe the method 
of using the product. 
3.3. (i) In the case of EEC type-approval, in each Member State, the EEC type-approval 
numbers on the certificates shall be issued in series for each group of products. 
(ii) In the case of EEC type-examination, for each approved body, the EEC 
type-examination numbers on the certificates shall be issued in series for each group 
of products. 
(iii) Each Member State and approved body shall keep a register of certificates issued. 
3.4. The EEC type-approval or type-examination certificate places an obligation on the 
recipient to use the EEC marks and/or the certificates of conformity, the models of 
which are reproduced in Annex V, in accordance with the provisions of the relevant 
implementing Directives. 
4. Publication of certificates 
4.1. At same time as the applicant is notified: 
— in the case of EEC type-approval, copies of the certificate shall be sent by the 
Member State in which it was issued to the other Member States and to the 
Commission; 
— in the case of EEC type-examination, the approved body granting the certificate shall 
send a copy to the Member State by which it was designated; the Member State 
concerned shall send copies of the certificates to the other Member States and to the 
Commission. 
In both cases, Member States shall, on request, be able to obtain a copy of the technical 
dossier relating to the product and of the reports on the examinations and tests to which 
it was submitted. 
4.2. Lists of EEC type-approval and type-examination certificates shall be published 
periodically in the Official Journal of the European Communities. 
4.3. Any Member State which refuses an EEC type-approval certificate shall inform the other 
Member States and the Commission of such refusal. 
An approved body which refuses an EEC type-examination certificate shall inform the 
Member State by which it was designated; the Member State concerned shall inform the 
other Member States and the Commission of such refusal. 
4.4. The suspension of an EEC type-approval or type-examination certificate shall be 
published in accordance with the procedure laid down in 4.1. 
Withdrawal shall be published in accordance with the procedure laid down in 4.1 
and 4.2. 
23.12. 78 Official Journal of the European Communities No C 308/17 
Suspension and withdrawal shall have the same effect on the use of EEC marks and/or 
certificates of conformity. However, in the case of suspension, the manufacturer may, if 
he corrects the faults which caused the suspension to be imposed, be granted a lifting of 
the suspension by the approved EEC inspection body. 
On the other hand, in the case of withdrawal, the manufacturer must, depending on the 
circumstances, either submit a new application for EEC type-approval to a Member State 
or submit a new application for EEC type-examination to an approved body. 
5. Modification of the trade description 
The Member State which has granted an EEC type-approval certificate, or the approved 
body which has granted an EEC type-examination certificate, must be informed by the 
recipient of any change in the trade description of the product concerned. 
• No C 308/18 Official Journal of the European Communities 23.12. 78 
ANNEX IV 
EEC TYPE-APPROVAL/TYPE-EXAMINATION (*) CERTIFICATE No 
Member State 
Name and address of Ministry/approved body (x) 
Implementing Directive Reference No 
Title 
Product 
1. Type 
2. Trade description(s) 
3. Name, title and address of applicant 
4. Documents attached to certificate 
5. Additional information 
EEC type-approval — EEC type-examination certificate 
6. granted on under No 
7. Duration of validity 
Refusal of certificate 
8. Reasons for refusal 
Done at on 
(Signature) 
(l) Delete if not applicable. 
23.12. 78 Official Journal of the European Communities No C 308/19 
Suspension/Withdrawal (*) of an EEC type-approval/EEC type-examination (*) certificate 
I. Member State 
II. Name and address of Ministry/approved body (x) 
III. Implementing Directive Reference No 
Title 
IV. Product 
1. Type , 
2. Trade description (s) 
3. Name, title and address of holder 
V. Suspension/withdrawal (*) of an EEC type-approval/type-examination (*) certificate 
4. Certificate issued on Under No 
5. Effective date of suspension/withdrawal (*) 
6. Reasons for suspension/withdrawal (x) 
Done at on 
(Signature) 
(*) Delete if not applicable. 
No C 308/20 Official Journal of the European Communities 23i 12. 78 
ANNEX V 
EEC marks and certificates of conformity with 
— EEC type-approval 
— EEC type-examination 
— EEC self-certification 
Statement of EEC self-certiiication 
Each of these procedures: 
— EEC type-approval 
— EEC type-examination 
— EEC self-certification 
shall give the right to use a distinctive mark. This mark shall also appear on the certificate 
of conformity or on the documents which take its place in the case of EEC self-certification. 
1. EEC type-approval mark and certificate of conformity 
1.1. EEC type-approval mark 
There shall be two variants, according to whether type-approval is subject to EEC inspec­
tion or not: 
First variant: 
Type-approval subject to EEC inspection 
The EEC mark shall comprise a stylized letter £ surrounded by a double hexagon, the 
whole circumscribed by a circle (figure 1). 
As indicated in the figure 1, it shall carry: 
above: 
the number given to the implementing Directive by the Commission in chronological 
order of adoption: 
below: 
— the type-approval certificate's reference number, 
— the initials of the Member State in which the type-approval certificate was granted, 
— the last figures of the year of certification; 
at the bottom: 
the sign or registered mark of the approved inspection body. 
Second variant: 
Type-approval not subject to EEC inspection (figure 2) 
The same mark shall be used, but without the circumscribing circle and the sign or registered 
mark of the inspecting body. 
1.2. EEC type-approval certificate of conformity 
The model certificate of conformity is reproduced hereafter. 
This certificate shall bear the EEC mark relating to the EEC type-approval. 
23. 12. 78 Official Journal of the European Communities No C 308/21 
2. EEC type-examination mark and certificate of conformity 
2.1. As in the case of EEC type-approval, there shall be two variants according to whether 
the EEC type-examination is subject to EEC inspection or not. 
First variant: 
EEC type-examination with inspection 
The EEC mark shall comprise a stylized letter e surrounded by a hexagon, circumscribed 
by a circle (figure 3). 
The information within the hexagon shall be identical to that required for type-approval. 
In this case, however, the sign or registered mark of the approved body which issued 
the certificate of examination shall be reproduced in the upper part of the hexagon. 
Second variant: 
EEC type-examination without inspection (figure 4) 
In this case the circumscribing circle shall not be used. There shall be only the hexagon 
and within it the same information as in the first variant except as regards the sign or 
registered mark of the approved inspection body. 
2.2. EEC type-examination certificate of conformity 
The model EEC type-examination certificate of conformity shall be identical to that relating 
to EEC type-approval. 
The only change shall consist of replacing 'EEC type-approval' in the title and text 
with 'EEC type-examination'. 
3. Statement of EEC self-certification 
The model EEC self-certification statement is given hereafter. 
4. EEC self-certification mark and certificate of conformity 
4.1. EEC self-certification mark (figure 5) 
The EEC self-certification mark shall consist of a stylized letter e surrounded by a broken 
hexagon as shdwn in the figure 5. 
Within the hexagon, the reference number of the implementing Directive and the initials 
of the country of origin shall be indicated. 
4.2. Certificate of conformity 
The self-certificate of conformity is given hereafter. The certificate shall bear the EEC mark 
relating to the EEC self-certification. Where the special Directive provides for the certificate 
of conformity to be replaced by a statement of conformity on the accompanying business 
documents, the EEC self-certification mark shall be appended to these documents. 
No C 308/22 Official Journal of the European Communities 23. 12.78 
Figure 1 
Figure 2 
10 
28B79 
23. 12. 78 Official Journal of the European Communities No C 308/23 
Figure 3 
Figure 4 
No C 308/24 Official Journal of the European Communities 23. 12. 78 
Figure 5 
/ \ 
<£::: > 
V^ / 
\ / 
23. 12. 78 Official Journal of the European Communities No C 308/25 
EEC TYPE-APPROVAL CERTIFICATE OF CONFORMITY (x) 
EEC TYPE-EXAMINATION CERTIFICATE OF CONFORMITY (*) 
EEC MARK The undersigned 
Acting as 
Company 
Address 
Certifies that the construction product of his manufacture 
type 
trade description 
is the subject of EEC approval No (J) 
EEC type-examination (*) and that it conforms to the provisions of the implementing Directive(s) 
relating to it as detailed below. 
Title 
Reference No 
Done at on 
(Signature) 
(l) Delete if not applicable. 
No C 308/26 Official Journal of the European Communities 23>. 12. 78 
EEC SELF-CERTIFICATION STATEMENT 
The undersigned 
Surname Forenames 
Acting as 
Company 
Address 
declares that from he will use the EEC certification mark and/or 
certificate of conformity for the construction product of his manufacture 
type 
trade description(s) 
conforming to the provisions of the implementing Directive(s) 
title 
reference No 
whose provisions he undertakes to abide by. 
Quality control for conformity will be provided by the company itself (x) by the specialist body (x) 
Name 
Address 
Done at on 
(Signature) 
(') Delete if not applicable. 
23.12. 78 Official Journal of the European Communities No C 308/27 
EEC SELF-CERTIFICATE OF CONFORMITY 
The undersigned 
EEC MARK Surname Forenames. 
Acting as 
Company 
Certifies that the construction product of his manufacture 
type 
trade descriptions 
conforms to the provisions of the implementing Directive(s) relating to it as detailed below: 
Title 
Reference No 
Done at on 
(Signature) 
No C 308/28 Official Journal of ^:he European Communities 23. 12. 78 
ANNEX VI 
Minimum criteria to be taken into consideration by Member States when designating approved 
bodies 
1. The approved bodies responsible for examining construction products with a view to the issue 
of the EEC type-examination certificate and the EEC type conformity inspection must have 
at their disposal the qualified staff and facilities necessary for the proper performance of 
the technical and administrative tasks connected with the issue of certificates and the 
execution of inspections. They must also have access to the plant required for any special 
examinations and inspections as provided for in the implementing Directives. 
2. The approved body, its director and its staff may not be a trade association, a manufacturer 
or his agent, a supplier, the entrepreneur, the contractor, the subcontractor or the leaser. 
They may not take part either directly, or in any other manner, in the design, manufacture, 
marketing, sale or maintenance of the product. This does not preclude the possibility of 
exchanges of technical information between the manufacturer and the approved body. 
3. The staff responsible for examining products in connection with a view to the issue of the EEC 
type-examination certificate and inspection must carry out these assignments with the highest 
degree of professional integrity and technical competence and must be free from all pressures 
and inducement, particularly of a financial nature, that might influence their judgement or 
the result of their work, especially from persons or groups of persons with an interest in 
the results of the examination. 
4. The staff responsible for examinations and inspections must have: 
— sound professional and technical training, 
— satisfactory knowledge of the requirements relating to the examinations and inspections 
they carry out and adequate practical experience of this work, 
— necessary ability to prepare the records and the reports which are the outcome of their 
work. 
5. The impartiality of staff responsible for inspection must be guaranteed. The remuneration 
for each agent must not depend on the number of inspections carried out nor on the results 
obtained. 
6. The approved body must take out a third party insurance policy unless civil liability is 
covered by the State in accordance with national law. 
7. The staff of the approved body shall be bound by professional secrecy regarding everything 
they learn in the exercise of their duties under this Directive, under the implementing 
measures or under any other provision of national law giving effect to them.