1999/471/EC: Commission Decision of 29 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 space heating appliances (notified under document number C(1999) 1479) (Text with EEA relevance)
Date: 1999-06-29
Institutions: European Commission
Subjects: European standard, building materials, heating, producer's liability, product safety, production control, quality label, technical specification

17. 7. 1999

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Official Journal of the European Communities

L 184/37

COMMISSION DECISION

of 29 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 space heating appliances

(notified under document number C(1999) 1479)

(Text with EEA relevance)

(1999/471/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
construction products (1),
amended by Directive 93/
68/EEC (2), and in particular Article 13(4) thereof,

as

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,

(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

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 responsability a factory-
production control system ensuring that the product is in
conformity with the relevant technical specifications.

(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.

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 2

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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, 29 June 1999.

For the Commission

Martin BANGEMANN

Member of the Commission

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Official Journal of the European Communities

L 184/39

ANNEX I

Space heating appliances without internal energy source (1) (in particular radiators, convectors, fan convectors
including fan coil units, skirting heaters, ceiling mounted panels and other static heat emitters, wall and
floor-heating kits)

For use in buildings, excluding those subject to reaction to fire regulations for products made of materials falling into
classes A (2), B (2), C (2).

Space heating appliances burning solid and liquid fuels (3) (in particular flued oil stoves, residential cookers,
room-heaters, fireplace stoves, heating inserts, sauna stoves)

For use in buildings, excluding those subject to reaction to fire regulations for products made of materials falling into
classes A (2), B (2), C (2).

ANNEX II

Space heating appliances without internal energy source (1) (in particular radiators, convectors, fan convectors
including fan coil units, skirting heaters, ceiling mounted panels and other static heat emitters, wall and floor
heating kits)

For use subject to reaction to fire regulations for products made of materials falling into classes A (2), B (2), C (2).

Space heating appliances burning solid and liquid fuels (3) (in particular flued oil stoves, residential cookers,
room-heaters, fireplace stoves, heating inserts, sauna stoves)

For use subject to reaction to fire regulations for products made of materials falling into classes A (2), B (2), C (2).

(1) Excluding electrical space heating appliances.
(2) 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).
(3) Excluding appliances burning gaseous fuels and appliances specifically designed for use in industrial processes carried out on indus-

those subject

trial premises.

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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

SPACE HEATING APPLIANCES (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(s)

Intended use(s)

Level(s) or class(es)

Attestation of
conformity system(s)

Space heating appliances without
internal energy source
Space heating appliances burning
solid and liquid fuels

in buildings

—

3

System 3: See Directive 89/106/EEC, 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 a
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.

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Official Journal of the European Communities

L 184/41

PRODUCT FAMILY

SPACE HEATING APPLIANCES (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(s)

Intended use(s)

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

Attestation of
conformity system(s)

Space heating appliances without
internal energy source
Space heating appliances burning
solid and liquid fuels

for uses subject to reaction to fire
regulations

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 Decision 96/603/EC do not require to be 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, 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.