98/143/EC: Commission Decision of 3 February 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards systems of mechanically fastened flexible roof waterproofing membranes (Text with EEA relevance)
Date: 1998-02-03
Institutions: European Commission
Subjects: European standard, construction equipment, product quality, product safety, production control, quality label

L 42/58

‹

EN

‹

Official Journal of the European Communities

14. 2. 98

COMMISSION

COMMISSION DECISION

of 3 February 1998

on the procedure for attesting the conformity of construction products pursuant
systems of
to Article 20(2) of Council Directive 89/106/EEC as

regards

mechanically fastened flexible roof waterproofing membranes

(Text with EEA relevance)

(98/143/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 Dir-
ective 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 responsib-
ility 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)
to Directive
are described in detail
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 possi-

bility, 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 confor-
mity 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

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

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 3 February 1998.

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.

14. 2. 98

‹

EN

‹

Official Journal of the European Communities

L 42/59

ANNEX I

Systems of mechanically fastened flexible roof waterproofing membranes including the system of fastening,
jointing and edging, and sometimes thermal insulation, limited to continuous watertight systems based on
flexible sheets, for roof waterproofing.

L 42/60

‹

EN

‹

Official Journal of the European Communities

14. 2. 98

ANNEX II

Product family: Systems of mechanically fastened flexible roof waterproofing membranes (1/1)

1.

Systems of attestation of conformity

For the product(s) and intended use(s) listed below, the European Organisation for Technical Approval is
requested to specify the following system(s) of attestation of conformity in the relevent guideline for Euro-
pean Technical Approval:

Products

Intended uses

Levels
or classes

For roof waterproofing

roof

Systems of mechanically fastened
waterproofing
flexible
membranes including the system
of fastening, jointing and edging,
and sometimes thermal
insula-
tion, limited to continuous water-
tight systems based on flexible
sheets

Attestation
of conformity
systems

2+

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 continuous surveillance assessment and approval of factory production control

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 requi-
rement 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.