1999/469/EC: Commission Decision of 25 June 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards products related to concrete, mortar and grout (notified under document number C(1999) 1480) (Text with EEA relevance)
Date: 1999-06-25
Institutions: European Commission
Subjects: European standard, building materials, producer's liability, product safety, production control, quality label, resistance of materials, technical specification

17. 7. 1999

EN

Official Journal of the European Communities

L 184/27

COMMISSION

COMMISSION DECISION

of 25 June 1999

on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of
Council Directive 89/106/EEC as regards products related to concrete, mortar and grout

(notified under document number C(1999) 1480)

(Text with EEA relevance)

(1999/469/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
the Member States relating to
administrative provisions of
amended by Directive 93/
construction products (1),
68/EEC (2), and in particular Article 13(4) thereof,

as

(1) 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 prod-
ucts,
the existence of a factory production control
system under the responsability of the manufacturer is a
necessary and sufficient condition for an attestation of
conformity, or whether, for reasons related to compli-
ance with the criteria mentioned in Article 13(4), the
intervention of an approved certification body is
required;

(2) Whereas Article 13(4) requires that the procedure thus
determined must be indicated in the mandates and in
the technical specifications; whereas,
is
desirable to define the concept of products or family of
products as used in the mandates and in the technical
specifications;

therefore,

it

be implemented, by reference to Annex III, for each
product or family of products, since Annex III gives
preference to certain systems;

(4) Whereas the procedure referred to in point (a) of Article
13(3) 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 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;

(5) Whereas the measures provided for in this Decision are
the Standing

in accordance with the opinion of
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
sole responsability a factory
production control system ensuring that the product is in
conformity with the relevant technical specifications.

its

(3) 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

(1) OJ L 40, 11.2.1989, p. 12.
(2) OJ L 220, 30.8.1993, p. 1.

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.

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Official Journal of the European Communities

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

Article 3

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 25 June 1999.

For the Commission

Martin BANGEMANN

Member of the Commission

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Official Journal of the European Communities

L 184/29

ANNEX I

Fibres

For use other than those specified in Annex II.

Concrete protection and repair products

For use with low performance requirements in buildings and civil engineering works, for which the reaction to fire
class,

is not A (1), B (1), C (1).

if required,

ANNEX II

Fibres

For structural use in concrete, mortar and grout.

Concrete protection and repair products

For use in buildings and civil engineering works other than those specified in Annex I.

Admixtures:

Additions (Type I)

Additions (Type II)

For use in concrete, mortar and grout.

(1) Materials for which the reaction to fire performance is susceptible to change during production (in general,

to
chemical modification, e.g. fire retardants, or where changes of composition may lead to changes in reaction to fire performance).

those subject

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Official Journal of the European Communities

17. 7. 1999

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.

ANNEX III

PRODUCT FAMILY:

PRODUCTS RELATED TO CONCRETE, MORTAR AND GROUT (1/2)

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

Admixtures

for concrete, mortar and grout

Additions (Type I)

for concrete, mortar and grout

Additions Type II)

for concrete, mortar and grout

Fibres

for structural uses in concrete,

mortar and grout

for other uses in concrete, mortar
and grout

Concrete protection and repair
products

For uses with low performance
requirements in buildings and civil
engineering works

for other uses in buildings and
civil engineering works

—

—

—

—

—

—

—

2+

2+

1+

1

3

4

2+

System 1+:
System 1:
System 2+:

System 3:
System 4+:

See Directive 89/106/EEC, Annex III(2)(i), with audit-testing of samples.
See Directive 89/106/EEC, Annex III(2)(i), without audit-testing of samples.
See Directive 89/106/EEC, 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.
See Directive 89/106/EEC, Annex III(2)(ii), second possibility.
See Directive 89/106/EEC, 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 a
characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1.2.3 of the Interpretative Docu-
ments). 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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Official Journal of the European Communities

L 184/31

PRODUCT FAMILY:

PRODUCTS RELATED TO CONCRETE, MORTAR AND GROUT (2/2)

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

Concrete protection and repair
products

for uses subject to reaction to fire
regulations

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

Attestation
of conformity
system

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

A (2), B (2), C (2)

A (3), D, E, 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) 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).

(2) Materials for which the reaction to fire performance is not susceptible to change during the production process.
(3) Materials of class A that according to the 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 a
characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, clause 1.2.3 of the Interpretative Docu-
ments). 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.