98/213/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 internal partition kits (Text with EEA relevance)
Date: 1998-03-09
Institutions: European Commission
Subjects: Community certification, building slab, product safety, production control, quality control of industrial products, quality label

18. 3. 98

EN

Official Journal of the European Communities

L 80/41

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 internal partition kits

(Text with EEA relevance)

(98/213/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(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 for 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
the re-
sponsibility of the manufacturer is a necessary and suffi-
cient condition for an attestation of conformity, or
whether,
reasons related to compliance with the
criteria mentioned in Article 13(4), the intervention of an
approved certification body is therefore required;

system under

for

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)
are described in detail
in Annex III 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 Article 13(3)(a)
corresponds to the systems set out in the first possibility,
without continuous surveillance, and the second and third
possibilities of point (ii) of section 2 of Annex III, and the
procedure referred to in Article 13(3)(b) corresponds to
the systems set out in point (i) of section 2 of Annex III,

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

and in the first possibility, with continous 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 and families of products set out in Annex I
shall have their conformity attested by a procedure
whereby the manufacturer has under its sole respons-
ibility 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 II 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 producton control
or of the product itself.

Article 3

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

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 9 March 1998.

For the Commission
Martin BANGEMANN

Member of the Commission

L 80/42

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Official Journal of the European Communities

18. 3. 98

ANNEX I

Internal partition kits, with materials of Euroclasses A (1), B (1), C (1), A (without testing), D, E and F, intended
for uses subject to reaction to fire requirements.

Internal partition kits intended for fire compartmentation.

Internal partition kits intended for uses subject to regulations on dangerous substances.

Internal partition kits intended for uses subject to regulations on ‘safety in use'.

Internal partition kits intended for other uses.

ANNEX II

Internal partition kits, with materials of Euroclasses A (2), B (2) and C (2), intended for uses subject to reaction to
fire requirements.

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

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Official Journal of the European Communities

L 80/43

ANNEX III

ATTESTATION OF CONFORMITY

Note: for kits having more than one of the intended uses specified in the following families, the tasks for the
approved body, derived from the relevant systems of attestation of conformity, are cumulative.

PRODUCT FAMILY

INTERNAL PARTITION KITS (1/5)

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)

Internal partition kits

For uses subject to reaction to fire
requirements

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

Attestation
of conformity
system(s)

A (1), B (1) and C (1)

A (3), B (3) and C (3)

A (without testing),
D, E and F

1 (2)

3 (4)

4 (5)

(1) Materials for which the reaction to fire performance is susceptible to change during the production process.

(2) System 1: See Annex III(2)(i) to Directive 89/106/EEC, without audit-testing of samples.

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

(4) System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility.

(5) System 4: See Annex III(2)(ii) to Directive 89/106/EEC, third possibility.

2. Conditions to be applied by EOTA 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
of all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 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

INTERNAL PARTITION KITS (2/5)

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)
(fire resistance)

Attestation
of conformity
system(s)

Internal partition kits

For fire compartmentation

any

3 (1)

(1) System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility.

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18. 3. 98

2. Conditions to be applied by EOTA 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
of all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 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

INTERNAL PARTITION KITS (3/5)

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 Approvals:

Product(s)

Intended use(s)

Level(s)
or class(es)

Attestation
of conformity
system(s)

Internal partition kits

For uses subject to regulations on
dangerous substances (1)

(cid:190)

3 (2)

(1) In particular, those dangerous substances defined in Council Directive 76/769/EEC, as amended.
(2) System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility.

2. Conditions to be applied by EOTA 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
of all for such characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 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

INTERNAL PARTITION KITS (4/5)

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 Approvals:

Product(s)

Intended use(s)

Internal partition kits

uses

For
present
liable
‘safety-in-use' risks and subject to
such regulations

to

(1) System 3: See Annex III(2)(ii) to Directive 89/106/EEC, second possibility.

Level(s)
or class(es)

Attestation
of conformity
system(s)

(cid:190)

3 (1)

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Official Journal of the European Communities

L 80/45

2. Conditions to be applied by EOTA 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 Directive 89/106/EEC and, where applicable, point 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

INTERNAL PARTITION KITS (5/5)

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 approvals:

Product(s)

Intended use(s)

Internal partition kits

uses

those
other
For
mentioned in 1/5, 2/5, 3/5 and
4/5

than

Level(s)
or class(es)

(cid:190)

Attestation
of conformity
system(s)

4 (1)

(1) System 4: See Annex III(2)(ii) to Directive 89/106/EEC, third possibility.

2. Conditions to be applied by EOTA 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 Directive 89/106/EEC and, where applicable, point 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.