98/436/EC: Commission Decision of 22 June 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards roof coverings, rooflights, roof windows and ancillary products (notified under document number C(1998) 1598) (Text with EEA relevance)
Date: 1998-06-22
Institutions: European Commission
Subjects: construction equipment, product quality, product safety, quality control of industrial products, quality label

L 194/30

EN

Official Journal of the European Communities

10. 7. 98

COMMISSION

COMMISSION DECISION

of 22 June 1998

on the procedure for attesting the conformity of construction products pursuant
to Article 20(2) of Council Directive 89/106/EEC as regards roof coverings, roof-
lights, roof windows and ancillary products

(notified under document number C(1998) 1598)

(Text with EEA relevance)

(98/436/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 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 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)
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

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

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 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 production control
or of the product itself.

10. 7. 98

EN

Official Journal of the European Communities

L 194/31

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

Article 3

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 22 June 1998.

For the Commission
Martin BANGEMANN

Member of the Commission

L 194/32

EN

Official Journal of the European Communities

10. 7. 98

ANNEX I

Flat and profiled sheets:
Roofing tiles, slates, stones and shingles:
Factory-bonded composite or sandwich panels:
Rooflights:
Roof windows:
Fascias and soffit boards:

For all uses, excluding those subject to reaction to fire regulations for products made of materials falling
into classes (A, B, C) (*).

Mastic asphalt roofing:
Roof pavings:
Roof access systems, walkways and footholds:
Roof safety hooks and anchorages:
Mechanical fixings for roof coverings:
Accessories for roof coverings:

For all uses.

ANNEX II

Flat and profiled sheets:
Roofing tiles, slates, stones and shingles:
Factory-bonded composite or sandwich panels:
Rooflights:
Roof windows:
Fascias and soffit boards:

For uses subject to reaction to fire regulations for products made of materials falling into classes (A, B,
C) (*).

(*) 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).

10. 7. 98

EN

Official Journal of the European Communities

L 194/33

ANNEX III

Note: for products 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

ROOF COVERINGS, ROOFLIGHTS, ROOF WINDOWS AND ANCILLARY PRODUCTS (1/6)

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)

For uses subject to resistance
to fire regulations
fire
compartmentation)

(e.g.

Flat and profiled sheets
Roofing tiles, slates, stones and
shingles
Factory-bonded
sandwich panels
Rooflights
Roof windows

composite

or

Level(s)
or class(es)
(fire resistance)

Attestation of
conformity
system(s)

Any

3

System 3: see CPD Annex III(2)(ii), second possibility.

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, 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.

L 194/34

EN

Official Journal of the European Communities

10. 7. 98

PRODUCT FAMILY

ROOF COVERINGS, ROOFLIGHTS, ROOF WINDOWS AND ANCILLARY PRODUCTS (2/6)

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)

For uses subject to reaction to
fire regulations

Flat and profiled sheets
Roofing tiles, slates, stones and
shingles
Factory-bonded
sandwich panels
Rooflights
Roof windows
Fascias and soffit boards

composite

or

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

Attestation of
conformity
system(s)

(A, B, C) (*)

(A, B, C) (**)

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

1

3

4

System 1: see CPD Annex III(2)(i), without audit-testing of samples.
System 3: see CPD Annex III(2)(ii), second possibility.
System 4: see CPD Annex III(2)(ii), third possibility.

(*) 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).

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

(***) Materials of class A that according to Decision 96/603/EC do not require to be tested for reaction 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 requirement
at all for such characteristic (see Article 2(1) of Directive 89/106/EEC 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.

10. 7. 98

EN

Official Journal of the European Communities

L 194/35

PRODUCT FAMILY

ROOF COVERINGS, ROOFLIGHTS, ROOF WINDOWS AND ANCILLARY PRODUCTS (3/6)

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)
(reaction to fire)

Attestation of
conformity
system(s)

or

composite

Flat and profiled sheets
Roofing tiles, slates, stones and
shingles
Factory-bonded
sandwich panels
Mastic asphalt roofing
Roof pavings
Rooflights
Roof windows
Roof access systems, walkways and
footholds
Accessories for roof coverings

For uses subject
fire performance regulations

to external

Products
requiring testing

Products
‘deemed to
satisfy' without
testing (*)

3

4

System 3: see CPD Annex III(2)(ii), second possibility.
System 4: see CPD Annex III(2)(ii), third possibility.

(*) To be confirmed in discussions with the Fire Regulators Group.

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, 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.

L 194/36

EN

Official Journal of the European Communities

10. 7. 98

PRODUCT FAMILY

ROOF COVERINGS, ROOFLIGHTS, ROOF WINDOWS AND ANCILLARY PRODUCTS (4/6)

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)

Flat and profiled sheets
Factory-bonded
sandwich panels
Rooflights
Roof windows

composite

or

uses

For
stiffening the roof structure

contributing

Level(s)
or class(es)

to

Attestation of
conformity
system(s)

3

System 3: see CPD Annex III(2)(ii), second possibility.

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, 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.

10. 7. 98

EN

Official Journal of the European Communities

L 194/37

PRODUCT FAMILY

ROOF COVERINGS, ROOFLIGHTS, ROOF WINDOWS AND ANCILLARY PRODUCTS (5/6)

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)

All roof coverings, rooflights, roof
windows and ancillary products

For uses subject to regulations
on dangerous substances (*)

Level(s)
or class(es)

Attestation of
conformity
system(s)

(cid:190)

3

System 3: see CPD Annex III(2)(ii), second possibility.

(*) In particular, those dangerous substances defined in Council Directive 76/769/EEC, as amended.

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, 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.

L 194/38

EN

Official Journal of the European Communities

10. 7. 98

PRODUCT FAMILY

ROOF COVERINGS, ROOFLIGHTS, ROOF WINDOWS AND ANCILLARY PRODUCTS (6/6)

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)

For uses other
specified in families
(5/6)
(2/6),

(3/6),

(4/6),

than those
(1/6),

composite

Flat and profiled sheets
Roofing tiles, slates, stones and
shingles
Factory-bonded
sandwich panels
Roof pavings
Fascias and soffit boards
Mechanical
coverings
Accessories for roof coverings

fixings

roof

for

or

Roof access systems, walkways and
footholds
Roof safety hooks and anchorages
Mastic asphalt roofing
Roof windows
Rooflights

For uses other
specified in families
(5/6)
(2/6),

(3/6),

(4/6),

than those
(1/6),

Level(s)
or class(es)

(cid:190)

(cid:190)

Attestation of
conformity
system(s)

4

3

System 3: see CPD Annex III(2)(ii), second possibility.
System 4: see CPD Annex III(2)(ii), third possibility.

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, 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.