95/204/EC: Commission Decision of 31 May 1995 implementing Article 20 (2) of Council Directive 89/106/EEC on construction products
Date: 1995-05-31
Institutions: European Commission
Subjects: building materials, harmonisation of standards, producer's liability, production control, quality label, technical standard













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31995D0204

95/204/EC: Commission Decision of 31 May 1995 implementing Article 20 (2) of Council Directive 89/106/EEC on construction products  


Official Journal L 129 , 14/06/1995 P. 0023 - 0032 





COMMISSION DECISION of 31 May 1995  implementing Article 20 (2) of Council Directive 89/106/EEC on construction products (95/204/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws,  regulations and administrative provisions of the Member States relating to construction products   (1), as amended by Directive 93/68/EEC  (2), and in particular Article 13 thereof, Whereas Article 13 (3) of Directive 89/106/EEC provides two different procedures for attestation of  conformity for a product; whereas Article 13 (4) requires the choice of the procedure within the  meaning of the abovementioned Article 13 (3) for a given product or family of products to be  specified by the Commission, after consulting the Standing Committee on Construction; Whereas this choice between the two procedures has to be specified according to the criteria  stipulated by Article 13 (4); Whereas it is provided in Article 13 (4) that in the case of each procedure there is a requirement  for the Commission to select the 'least onerous possible procedure consistent with safety`; this  means that for an attestation of conformity for a given product or family of products either a  factory production control system under the responsibility of the manufacturer is necessary, or  there must be evidence for particular products that for reasons related to the satisfaction of the  criteria mentioned under Article 13 (4), the intervention of an approved certification body is  required; Whereas it is required by Article 13 (4) that the procedure thus determined must be indicated in  the mandates and in the technical specifications; whereas, therefore, it is desirable to adopt the  definition of products or family of products as used in the mandates and in the technical  specifications; Whereas account must be taken of the fact that the two procedures provided in Article 13 (3) are  described in detail in Annex 3; it is necessary therefore to specify clearly the methods by which  the two procedures must be implemented, in conjunction with Annex 3, for each product or family or  products, since Annex 3 gives preference to certain systems; Whereas the procedure specified in Article 13 (3) (a) corresponds to the systems in Annex 3 under  point 2 (ii) first possibility without continuous surveillance, second and third possibilities and  the procedure specified in Article 13 (3) (b) corresponds to the systems of Annex 3 under point 2  (i) and 2 (ii) first possibility with continuous surveillance; Whereas the measures provided for in this Decision are in accordance with the opinion of the  Standing Committee on Construction, HAS ADOPTED THIS DECISION: Article 1 The products and families of products set out in Annex 1 shall have  their conformity attested by a procedure whereby the manufacturer has under its sole responsibility  a factory production control system ensuring that the product is in conformity with the relevant  technical specifications. Article 2 The products set out in Annex 2 shall have their conformity attested by a procedure  whereby, in addition to a factory production control system operated by the manufacturer, an  approved certification body is involved in assessment and surveillance of the production control or  of the product itself. Article 3 The procedure for attesting conformity set out in Annex 3 shall be given in mandates  for standards. Article 4 This Decision is addressed to the Member States. Done at Brussels, 31 May 1995. For the Commission Martin BANGEMANN Member of the Commission  ANNEX 1 -  Precast concrete products intended for light structural  (1) or non-structural  use (in particular, boundary fences, junction boxes for telecommunications, small box culverts and  cladding elements). -  Thermal insulating materials, which are classified in reaction to fire classes A, B or C and for  which the reaction to fire performance is not susceptible to change during the production process,  as well as thermal insulating materials in classes D, E or F  (2). -  Doors, windows, gates, shutters and related products, except power operated doors, gates and  fire resistant doors and windows and relevant hardware, including panic hardware. -  Membranes intended for any use in buildings except those mentioned in Annex 2 (including  damp-proofing, damp-proof courses and water vapour control layers). ANNEX 2 -  Precast concrete products intended for structural use (in particular  prestressed hollow core floor units, posts and masts, foundation piles, shuttering slabs, lattice  girder elements, beam/block floor units and elements, ribbed floor elements, linear structural  elements (beams and columns, load-bearing wall elements, retaining wall elements, roof elements,  silos, stairs, bridge deck elements and large box culverts). -  Thermal insulating materials susceptible to change their reaction to fire performance during the  production process and which are classified in reaction to fire classes A, B or C  (1). -  Power operated doors and gates and fire resistant doors and windows and relevant hardware,  including panic hardware. -  Membranes for applications explosed to fire (roof underlays, sheets for roofs and water vapour,  control layers). ANNEX 3 PRODUCT FAMILY: THERMAL INSULATING PRODUCTS (1/1) 1.  Systems of attestation of  conformity 1.1.  For the product and intended use listed below, (CEN/Cenelec) are requested to specify the  following system of attestation of conformity in the relevant harmonized standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristics (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the interpretative documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the performance of the product in that  respect. 2.2.  Regarding products coming under system 1 and system 3, for the initial type testing of the  product (to be required by the manufacturer in the case of system 3) (see Annex III.1 (a) of the  CPD) the task for the approved body will be limited to the following characteristics: -  21a: Euroclasses characteristics for reaction to fire, as indicated in Commission Decision  94/611/EC. PRODUCT FAMILY: DOORS, WINDOWS, SHUTTERS, GATES AND RELATED BUILDING HARDWARE (1/3) 1.  Systems  of attestation of conformity 1.1.  For the product and intended use listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonized standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristic (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the performance of the product in that  respect. 2.2.  Regarding products coming under system 1, for the initial type testing of the product (see  Annex III.1  (a) of the CPD) the task for the approved body will be limited to the following  characteristics: -  22b: integrity E, -  22c: insulation I, -  22f: smoke leakage S, -  23a: self-closing C, -  23b: ability to release (only for the related hardware). PRODUCT FAMILY: DOORS, WINDOWS, SHUTTERS, GATES AND RELATED BUILDING HARDWARE (2/3) 1.  Systems  of attestation of conformity 1.1.  For the product and intended use listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonized standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specification of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristic (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the performance of the product in that  respect. 2.2.  For the initial type testing of the product (see Annex III.1 (a) of the CPD) the task for the  approved body will be limited to the following characteristics: -  23a: self-closing C. PRODUCT FAMILY: DOORS, WINDOWS, SHUTTERS, GATES AND RELATED BUILDING HARDWARE (3/3) 1.  Systems  of attestation of conformity 1.1.  For the product and intended use listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonized standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristic (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the performance of the product in that  respect. 2.2.  For the initial type testing of the product to be required by the manufacturer (see Annex  III.1 (a) of the CPD) the task for the approved body will be limited to the following  characteristics: -  33a: watertightness, -  34f: rate of release of dangerous substances (only for indoor impact), -  43g: resistance to wind load, -  51b: direct airborn sound insulation index (only for use where acoustic performance is  required), -  61a: thermal resistance, -  61b: air permeability. PRODUCT FAMILY: MEMBRANES (1/5) 1.  Systems of attestation of conformity 1.1.  For the product and intended use listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonised standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristic (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the performance of the product in that  respect. 2.2.  For the initial type testing of the product to be required by the manufacturer (see Annex  III.1 (a) of the CPD) the task for the approved body will be limited to the following  characteristics: -  33a: watertightness. PRODUCT FAMILY: MEMBRANES (2/5) 1.  Systems of attestation of conformity 1.1.  For the product and intended use listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonized standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristic (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the performance of the product in that  respect. 2.2.  For the initial type testing of the product to be required by the manufacturer (see Annex  III.1 (a) of the CDP) the task for the approved body will be limited to the following  characteristics: -  33a: watertightness. PRODUCT FAMILY: MEMBRANES (3/5) 1.  Systems of attestation of conformity 1.1.  For the product and intended use listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonized standards: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristic (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the performance of the product in that  respect. 2.2.  Regarding products coming under system 1, for the initial type testing of the product [see  Annex III.1(a) of the CPD] the task for the approved body will be limited to the following  characteristics: -  21a: Euroclasses characteristics for reaction to fire as indicated in Commission Decision  94/611/EC. 2.3.  Regarding products coming under system 3, for the initial type testing of the product to be  required by the manufacturer (see Annex III.1 (a) of the CPD) the task for the approval body will  be limited to the following characteristic: -  33a: watertightness. PRODUCT FAMILY: MEMBRANES (4/5) 1.  Systems of attestation of conformity 1.1.  For the product and intended use listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonized standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristics (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturerer if he does not wish to declare the performance of the product in that  respect. PRODUCT FAMILY: MEMBRANES (5/5) 1.  Systems of attestation of conformity 1.1.  For the product and intended use listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonized standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristic (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the performance of the product in that  respect. 2.2.  Regarding products coming under system 1, for the initial type testing of the product (see  Annex III.1 (a) of the CPD) the task for the approved body will be limited to the following  characteristics: -  21a: Euroclasses characteristics for reaction to fire as indicated in Commission Decision  94/611/EC. 2.3.  Regarding products coming under system 3, for the initial type testing of the product to be  required by the manufacturer (see Annex III.1 (a) of the CPD) the task for the approved body will  be limited to the following characteristics: -  33b: water vapour permeability. PRODUCT FAMILY: PRECAST NORMAL/LIGHTWEIGHT/AUTOCLAVED AERATED CONCRETE PRODUCTS (1/2) 1.  Systems  of attestation of conformity 1.1.  For the product and intended used listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonized standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristic (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the performance of the product in that  respect. PRODUCT FAMILY: PRECAST NORMAL/LIGHTWEIGHT/AUTOCLAVED AERATED CONCRETE PRODUCTS (2/2) 1.  Systems  of attestation of conformity 1.1.  For the product and intended use listed below, CEN/Cenelec are requested to specify the  following system of attestation of conformity in the relevant harmonized standard/s: >TABLE> 2.  Conditions to be applied by CEN on the specifications of the attestation of conformity system 2.1.  The specification for the system should be such that it can be implemented even where  performance does not need to be determined for a certain characteristic, because at least one  Member State has no legal requirement at all for such characteristic (see the 'no performance  determined` case under Article 2.1 of the CPD and when Article 3.2 classes apply, clause 1.2.3 of  the Interpretative Documents). In those cases the verification of such a characteristic must not be  imposed on the manufacturer if he does not wish to declare the perofrmance of the product in that  respect.