98/437/EC: Commission Decision of 30 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 internal and external wall and ceiling finishes (notified under document number C(1998) 1611) (Text with EEA relevance)
Date: 1998-06-30
Institutions: European Commission
Subjects: construction equipment, product quality, product safety, quality label

10. 7. 98

EN

Official Journal of the European Communities

L 194/39

COMMISSION DECISION

of 30 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 internal and external
wall and ceiling finishes

(notified under document number C(1998) 1611)

(Text with EEA relevance)

(98/437/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 pursuant to 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
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 pos-
sibility, 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
Annex III;

(ii) of Section 2 of

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.

Article 3

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

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 30 June 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.

L 194/40

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Official Journal of the European Communities

10. 7. 98

ANNEX I

Panels intended to be used as internal or external finishes, as complete elements, for fire protection of walls or
ceilings.

Suspended ceilings (kits) intended to be used as internal or external finishes for fire protection of ceilings.

Panels intended to be used as internal or external stiffening elements in walls and ceilings.

Tiles and panels, of brittle materials, intended to be used as internal or external finishes in walls or ceilings
subject to requirements against accidental injuries from cutting objects.

Suspended ceilings (kits) intended to be used as internal or external finishes in ceilings subject to safety in use
requirements.

Tiles and panels intended to be used in internal or external suspended ceilings subject to safety in use
requirements.

Featured profiles and suspending frames intended to support internal or external wall or ceiling finishes and
suspended ceilings subject to safety in use requirements.

Wall coverings in roll form and ceiling linings, of material of classes A (1), B (1), C (1), A (without testing), D, E
and F, intended to be used as internal finishes in walls and ceilings subject to reaction to fire regulations.

Shingles and cladding slabs, of materials of classes A (1), B (1), C (1), A (without testing), D, E and F, intended to
be used as external finishes in walls and ceilings subject to reaction to fire regulations.

Suspended ceilings (kits), using components of materials of classes A (1), B (1), C (1), A (without testing), D, E
and F, intended to be used as internal or external finishes in ceilings subject to reaction to fire regulations.

Tiles, sidings and panels, of materials of classes A (1), B (1), C (1), A (without testing), D, E and F intended to be
used as internal and external finishes in walls and ceilings subject to reaction to fire regulations.

Featured profiles and suspending frames of materials of classes A (1), B (1), C (1), A (without testing), D, E and F
intended to be used to support internal or external wall or ceiling finishes, or suspended ceilings, subject to
reaction to fire regulations.

Suspended ceilings (kits), intended to be used as internal or external finishes in ceilings subject to regulations
on dangerous substances (2).

Tiles, shingles, sidings, cladding slabs and panels intended to be used as internal or external finishes in walls
or ceilings, as relevant, subject to regulations on dangerous substances (2).

Suspending ceilings (kits) intended to be used as internal or external finishes in walls and ceilings for other
uses mentioned in the mandate (3).

Wall coverings in roll form, ceiling linings, tiles, shingles, sidings, cladding slabs and panels intended to be
used as internal or external finishes in walls or ceilings for other uses mentioned in the mandate (3).

Featured profiles and suspending frames intended to be used to support internal or external wall or ceiling
finishes, or suspended ceilings, for other uses mentioned in the mandate (3).

(1) Materials for which the reaction to fire performance is not susceptible to change during the production process.
(2) In particular, those dangerous substances defined in Council Directive 76/769/EEC, as amended.
(3) Other intended uses covered by the mandate are: for vapour control, for water penetration control, for acoustic control,

and for thermal control.

10. 7. 98

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Official Journal of the European Communities

L 194/41

ANNEX II

Wall coverings in roll form, ceiling linings, tiles, of materials of classes A (1), B (1) and C (1), intended to be used
as internal finishes in walls or ceilings subject to reaction to fire regulations.

Shingles and cladding slabs, of materials of classes A (1), B (1) and C (1) intended to be used as external finishes
in walls or ceilings subject to reaction to fire regulations.

Suspended ceilings (kits), using components of materials of classes A (1), B (1) and C (1), intended to be used as
internal or external finishes in ceilings subject to reaction to fire regulations.

Tiles, sidings and panels, of materials of classes A (1), B (1) and C (1), intended to be used as internal and
external finishes in walls or ceilings subject to reaction to fire regulations.

Featured profiles and suspending frames of materials of classes A (1), B (1) and C (1), intended to be used to
support internal or external wall or ceiling finishes, or suspended ceilings, subject to reaction to fire
regulations.

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

L 194/42

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Official Journal of the European Communities

10. 7. 98

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.

INTERNAL AND EXTERNAL WALL AND CEILING FINISHES (1/5)

PRODUCT FAMILY

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)
(fire resistance)

Attestation
of conformity
system(s)

Panels

As internal or external finishes, as
complete elements, used for
fire
protection of walls or ceilings

Suspended ceilings
(kits)

As internal or external finishes used
for fire protection of ceilings

Any

Any

3

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

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 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.

10. 7. 98

EN

Official Journal of the European Communities

L 194/43

INTERNAL AND EXTERNAL WALL AND CEILING FINISHES (2/5)

PRODUCT FAMILY

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)

Panels

As
internal or external
elements in walls or ceilings

stiffening

Tiles
Panels
(of brittle materials)

Suspended ceilings
(kits)

Tiles
Panels

Featured profiles
Suspending frames

As internal or external
walls
requirements
injuries from cutting objects

ceilings

against

finishes in
to
subject
accidental

or

internal or external

finish in
to safety in use

As
ceilings
requirements

subject

In internal or external
subject
ceilings
requirements

suspended
to safety in use

To support internal or external wall
or ceiling finishes and suspended
to safety in use
ceilings
requirements

subject

(cid:190)

3

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

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 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.

L 194/44

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Official Journal of the European Communities

10. 7. 98

INTERNAL AND EXTERNAL WALL AND CEILING FINISHES (3/5)

PRODUCT FAMILY

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)
(reaction to fire) (1)

Attestation
of conformity
system(s)

Coverings in roll
form
Linings

Shingles
Cladding slabs

As
internal
ceilings subject
regulations

finishes

in walls or
to reaction to fire

As external
ceilings subject
regulations

finishes

in walls or
to reaction to fire

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

Suspended ceilings
(kits)

As internal or external
ceilings subject
regulations

finishes in
to reaction to fire

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

Tiles
Sidings
Panels

Featured profiles
Suspending frames

As internal or external
finishes in
walls or ceilings subject to reaction to
fire regulations

To support internal or external wall
or ceiling finishes, or
suspended
to reaction to fire
ceilings, subject
regulations

A (without testing),
D, E and F

1

3

4

System 1: See Directive 89/106/EEC, Annex III(2)(i), without audit-testing of samples.
System 3: See Directive 89/106/EEC, Annex III(2)(ii), second possibility.
System 4: See Directive 89/106/EEC, Annex III(2)(ii), third possibility.

(1) For reaction to fire, see Commission Decision 94/611/EC.
(*) Materials for which the reaction to fire performance is susceptible to change during the production process.
(**) Materials for which the reaction to fire performance is not susceptible to change during the production process.

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 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.

10. 7. 98

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Official Journal of the European Communities

L 194/45

INTERNAL AND EXTERNAL WALL AND CEILING FINISHES (4/5)

PRODUCT FAMILY

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)

Suspended ceilings
(kits)

As internal or external
walls
or
regulations
substances (*)

ceilings
on

finishes in
to
subject
dangerous

Tiles
Shingles
Sidings
Cladding slabs
Panels

As internal or external
finishes in
walls or ceilings, as relevant, subject
to
dangerous
substances (*)

regulations

on

(cid:190)

3

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

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

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 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.

L 194/46

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Official Journal of the European Communities

10. 7. 98

INTERNAL AND EXTERNAL WALL AND CEILING FINISHES (5/5)

PRODUCT FAMILY

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)

Suspended ceilings
(kits)

internal or external

As
finish in
ceilings for other uses mentioned in
the mandate (1)

Wall coverings in
roll form
Ceiling linings
Tiles
Shingles
Sidings
Cladding slabs
Panels

Featured profiles
Suspending frames

As internal or external
walls or
ceilings
mentioned in the mandate (1)

finishes in
for other uses

(cid:190)

4

To support internal or external wall
or ceiling finishes, or
suspended
ceilings, for other uses mentioned in
the mandate (1)

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

(1) Other intended uses covered by the mandate are: for vapour control, for water penetration control, for acoustic control

and for thermal control.

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 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.