98/214/EC: Commission Decision of 9 March 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards structural metallic products and ancillaries (Text with EEA relevance)
Date: 1998-03-09
Institutions: European Commission
Subjects: Community certification, building materials, construction equipment, metal structure, product safety, quality control of industrial products, quality label

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COMMISSION DECISION

of 9 March 1998

on the procedure for attesting the conformity of construction products pursuant
to Article 20(2) of Council Directive 89/106/EEC as regards structural metallic
products and ancillaries

(Text with EEA relevance)

(98/214/EC)

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

set out

in Annex I

shall have their
The products
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 2

The procedure for attesting conformity as set out
in
Annex II shall be indicated in mandates for harmonised
standards.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 9 March 1998.

For the Commission

Martin BANGEMANN

Member of the Commission

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
the Member States
and administrative provisions of
relating to construction products (1), as amended by
Directive 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 certi-
fication 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;

Whereas the two procedures provided for in Article 13(3)
in Annex III to Directive 89/
are described in detail
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

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

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ANNEX I

Structural metallic sections/profiles

Hot rolled, cold formed or otherwise produced sections/profiles with various shapes (T, L, H, U, Z, I, channels,
angle, hollow, tubes), flat products (plate, sheet, strip), bars, castings, forgings made of various metallic
materials, unprotected or protected against corrosion by coating.

Structural metallic construction members

Finished metallic products such as metal framing for suspended ceilings (heavy duty), trusses, girders, columns,
stairs, ground piles, bearing piles and sheet piling, cut to size sections designed for certain applications, and
rails and sleepers.

They can be unprotected or protected against corrosion by coating, welded or not.

Welding materials

Structural connectors

Metallic rivets, bolts (nuts and washers) and H. R. bolts (high strength friction grip bolts), studs, screws, railway
fasteners.

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ANNEX II

PRODUCT FAMILY

STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES (1/4)

1. Systems of attestation of conformity

For the product(s) and intended use(s) listed below, CEN/CENELEC are requested to specify the following
system(s) of attestation of conformity in the relevant harmonised standard(s):

Product(s)

Intended use(s)

Level(s)
or class(es)

Attestation
of conformity
system(s)

Structural metallic sections/profiles

Hot
rolled, cold formed or otherwise
produced sections/profiles with various
shapes (T, L, H, U, Z, I, channels, angle,
hollow, tubes), flat products (plate, sheet,
strip), bars, castings,
forgings made of
various metallic materials, unprotected or
protected against corrosion by coating

to be used in metal
in
structures
and
composite metal
concrete structures

or

2+ (1)

(1) System 2+: See Annex III(2)(ii) of Directive 89/106/EEC, first possibility, including certification of the factory production

control by an approved body on the basis of its continuous surveillance, assessment and approval

2. Conditions to be applied by CEN on the specifications of the attestation of conformity system

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 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.

PRODUCT FAMILY

STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES (2/4)

1. Systems of attestation of conformity

For the product(s) and intended use(s) listed below, CEN/CENELEC are requested to specify the following
system(s) of attestation of conformity in the relevant harmonised standard(s):

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Product(s)

Intended use(s)

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

Attestation of
conformity
system(s)

Structural metallic construction members

columns,

Finished metallic products such as trusses,
girders,
ground piles,
bearing piles and sheet piling, cut to size
sections designed for certain applications,
and rails and sleepers.

stairs,

for uses in work’s frames
and foundations

(cid:190)

2+ (1)

They can be unprotected or protected
against corrosion by coating, welded or not.

Structural metallic construction members

Finished metal
ceilings (heavy duty).

framing for

suspended

for uses in work’s frames

(A, B, C) (2)

1 (3)

They can be unprotected or protected
against corrosion by coating, welded or not.

(A, B, C) (4),
D, E, F,
A (5)

2+ (1)

(1) System 2+: See Annex III(2)(ii) of Directive 89/106/EEC, first possibility, including certification of the factory production

control by an approved body on the basis of its continuous surveillance, assessment and approval

(2) Materials for which the reaction to fire performance is susceptible to change during production (In general, those subject to
chemical modification, e.g. fire retardants, or where changes of composition may lead to changes in reaction to fire
performance)

(3) System 1: See CPD Annex III(2)(ii), without audit-testing of samples

(4) Materials for which the reaction to fire performance is not susceptible to change during the production process

(5) Materials of class A that according to the Decision 96/603/EC do not require to be tested for reaction to fire.

2. Conditions to be applied by CEN on the specifications of the attestation of conformity system

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 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.

PRODUCT FAMILY

STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES (3/4)

1. Systems of attestation of conformity

For the product(s) and intended use(s) listed below, CEN/CENELEC are requested to specify the following
system(s) of attestation of conformity in the relevant harmonised standard(s):

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Product(s)

Intended use(s)

Welding materials

for uses
metallic works

in structural

Level(s) or
class(es)

Attestation of
conformity
system(s)

2+ (1)

(1) System 2+: See Annex III(2)(ii) of Directive 89/106/EEC, First possibility, including certification of the factory production

control by an approved body on the basis of its continuous surveillance, assessment and approval

2. Conditions to be applied by CEN on the specifications of the attestation of conformity system

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 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.

PRODUCT FAMILY

STRUCTURAL METALLIC PRODUCTS AND ANCILLARIES (4/4)

1. Systems of attestation of conformity

For the product(s) and intended use(s) listed below, CEN/CENELEC are requested to specify the following
system(s) of attestation of conformity in the relevant harmonised standard(s):

Product(s)

Intended use(s)

Level(s) or
class(es)

Attestation of
conformity
system(s)

Structural connectors

metallic rivets, bolts (nuts and washers) and
H. R. bolts (high strength friction grip
bolts), studs, screws, railway fasteners

for uses
metallic works

in structural

2+ (1)

(1) System 2+: See Annex III(2)(ii) of Directive 89/106/EEC, First possibility, including certification of the factory production

control by an approved body on the basis of its continuous surveillance, assessment and approval

2. Conditions to be applied by CEN on the specifications of the attestation of conformity system

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 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.