98/598/EC: Commission Decision of 9 October 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards aggregates (notified under document number C(1998) 2923) (Text with EEA relevance)
Date: 1998-10-09
Institutions: European Commission
Subjects: European standard, building materials, producer's liability, product safety, production control, quality label, technical specification

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(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 9 October 1998

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

(notified under document number C(1998) 2923)

(Text with EEA relevance)

(98/598/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;

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

Whereas the two procedures provided for in Article 13(3)
are described in detail
in Annex III to Directive 89/
is necessary therefore to specify
106/EEC; whereas it
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,
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.

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Article 2

Article 4

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.

This Decision is addressed to the Member States.

Done at Brussels, 9 October 1998.

For the Commission
Martin BANGEMANN

Member of the Commission

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ANNEX I

AGGREGATES FOR USES WITHOUT HIGH SAFETY REQUIREMENTS

Aggregates

For concrete, mortar, grout, bituminous mixtures, surface treatments, unbound and hydraulically bound
mixtures used for roads and other civil engineering works.

Armourstones

For uses in hydraulic structures and other civil engineering works.

Railway ballast

For uses in railway works.

Fillers

For concrete, mortar, grout, bituminous mixtures and surface treatments used for roads and other civil
engineering works.

ANNEX II

AGGREGATES FOR USES WITH HIGH SAFETY REQUIREMENTS

Aggregates

For concrete, mortar, grout, bituminous mixtures, surface treatments, unbound and hydraulically bound
mixtures used for roads and other civil engineering works.

Armourstones

For uses in hydraulic structures and other civil engineering works.

Railway ballast

For uses in railway works.

Fillers

For concrete, mortar, grout, bituminous mixtures and surface treatments used for roads and other civil
engineering works.

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ANNEX III

PRODUCT FAMILY

AGGREGATES FOR USES WITHOUT HIGH SAFETY REQUIREMENTS (1/2)

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

Intended use

For roads and other civil engin-
eering works

Aggregates for:

— concrete, mortar and grout
— bituminous mixtures
and
surface treatments

— unbound and hydraulically

bound mixtures

Armourstones

For hydraulic structures and other
civil engineering works

Railway ballast

For railway works

Fillers for:

— concrete, mortar and grout
and
— bituminous mixtures
surface treatments

For roads and other civil engin-
eering works

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

Level/s
or
class/es

—

—

—

—

Attestation
of conformity
system

4

4

4

4

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.

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PRODUCT FAMILY

AGGREGATES FOR USES WITH HIGH SAFETY REQUIREMENTS (2/2)

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

Intended use

Level/s
or
class/es

Attestation
of conformity
system

For roads and other civil engin-
eering works

—

2+

Aggregates for:

— concrete, mortar and grout
— bituminous mixtures
and
surface treatments

— unbound and hydraulically

bound mixtures

Armourstones

For hydraulic structures and other
civil engineering works

Railway ballast

For railway works

Fillers for:

— concrete, mortar and grout
— bituminous mixtures
and
surface treatments

For roads and other civil engin-
eering works

—

—

—

2+

2+

2+

System 2+: see CPD Annex III(2)(ii), 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
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.