98/279/EC: Commission Decision of 5 December 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards non load-bearing permanent shuttering kits/systems based on hollow blocks or panels of insulating materials and, sometimes, concrete (Text with EEA relevance)
Date: 1997-12-05
Institutions: European Commission
Subjects: Community certification, building insulation, building slab, concrete, product safety, quality control of industrial products, quality label

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Official Journal of the European Communities

29. 4. 98

COMMISSION

COMMISSION DECISION
of 5 December 1997
on the procedure for attesting the conformity of construction products pursuant
to Article 20(2) of Council Directive 89/106/EEC as regards non load-bearing
permanent shuttering kits/systems based on hollow blocks or panels of
insulating materials and, sometimes, concrete

(Text with EEA relevance)

(98/279/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 re-
lating to construction products (1), as amended by Direct-
ive 93/68/EEC (2), and in particular Article 13(4) thereof,

Whereas the Commission is required to select, as between
the two procedures under Article 13(3) of Directive
89/106/EEC for attesting the conformity of a product, the
‘least onerous possible procedure consistent with safety’;
whereas this means that it is necessary to decide whether,
for a given product or family of products, the existence of
a factory production control system under the respons-
ibility of the manufacturer is a necessary and sufficient
condition for an attestation of conformity, or whether, for
reasons related to compliance with the criteria mentioned
in Article 13(4), the intervention of an approved certifica-
tion body is therefore required;

Whereas Article 13(4) requires that the procedure thus
determined must be indicated in the mandates and in the
technical specifications; whereas, therefore, it is desirable
to define the concept of products or family of products as
used in the mandates and in the technical specifications;

in Annex III

Whereas the two procedures provided for in Article 13(3)
are described in detail
to Directive
89/106/EEC; whereas it is necessary therefore to specify
clearly the methods by which the two procedures must be
implemented, by reference to Annex III, for each product
or family of products, since Annex III gives preference to
certain systems;

Whereas the procedure referred to in point (a) of Article
13(3) corresponds to the systems set out in the first poss-
ibility, without continuous surveillance, and the second

and third possibilities of point (ii) of section 2 of Annex
III, and the procedure referred to in point (b) of Article
13(3) corresponds to the systems set out in point (i) of
section 2 of Annex III, and in the first possibility, with
continuous surveillance, of point (ii) of section 2 of Annex
III;

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 set out in Annex I shall have their con-
formity attested by a procedure whereby, in addition to a
factory production control system operated by the manu-
facturer, an approved certification body is involved in
assessment and surveillance of the production control or
of the product itself.

Article 2

The procedure for attesting conformity as set out
in
Annex II shall be indicated in mandates for European
technical specifications.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 5 December 1997.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ L 40, 11. 2. 1989, p. 12.
(2) OJ L 220, 30. 8. 1993, p. 1.

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ANNEX I

Non load-bearing permanent shuttering kits/systems, to be filled with normal concrete and, where relevant,
with reinforcement, based on either blocks made of an insulating material (or a combination of an insulating
material and other materials) or panels made of an insulating material (or a combination of an insulating
material and other materials), consisting of shuttering leaves linked by spacers, in either case materials of any
reaction to fire class, to be used for the construction of external and internal walls subject to fire regulations,
in buildings.

Non load-bearing permanent shuttering kits/systems, to be filled with normal concrete and, where relevant,
with reinforcement, based on either hollow blocks made of an insulating material (or a combination of an
insulating material and other materials) or panels made of an insulating material (or a combination of an
insulating material and other materials), consisting of shuttering leaves linked by spacers in either case ma-
terials of any reaction to fire class, to be used for the construction of external and internal walls not subject
to fire regulations, in buildings.

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ANNEX II

PRODUCT FAMILY

NON LOAD BEARING PERMANENT SHUTTERING: KITS/SYSTEMS BASED ON HOLLOW
BLOCKS OR PANELS OF INSULATING MATERIALS AND, SOMETIMES, CONCRETE (1/1)

Systems of attestation of conformity

For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of
attestation of conformity in the relevant guideline for European technical approval:

Product(s)

Intended use(s)

Level(s)
or class(es)
(reaction to fire)

Attestation
of conformity
system(s)

Non load-bearing permanent
shuttering kits/systems,
to be
filled with normal concrete and,
where relevant, with reinforce-
ment, based on either:

— hollow blocks made of an
insulating material
a
combination of an insulating
material and other materials);

(or

or

— panels made of an insulating
material (or a combination of
an insulating material
and
other materials), consisting of
shuttering leaves
linked by
spacers.

the

construction

for
of
external and internal walls
subject to fire regulations, in
buildings.

the

construction

of
for
external and internal walls
not subject
to fire regula-
tions, in buildings

A (*), B (*), C (*)

1

A (**), B (**), C (**)
A (***)
D, E, F

any

2+

2+

System 1:

See Annex III Section 2 point (i), of Directive 89/106/EEC, without audit-testing of samples.

System 2+: See Annex III Section 2 point (ii) of Directive 89/106/EEC, first possibility, including certification of the
factory production control by an approved body on the basis of initial inspection of factory and of factory
production control as well as of continous surveillance, assessment and approval of factory production control

(*) Products made with materials for which the reaction to fire performance is susceptible to change during the production

process.

(**) Products made with materials for which the reaction to fire performance is not susceptible to change during the produc-

tion process.

(***) Products made with materials of class A that according to the Decision 96/603/EC do not require to be tested for reac-

tion to fire.

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 re-
quirement at all for such characteristic (see Article 2.1 of the CPD and, where applicable, clause 1.2.3 of the
Interpretative Documents). In those cases the verification of such a characteristic must not be imposed on
the manufacturer if he does not wish to declare the performance of the product in that respect.