1999/472/EC: Commission Decision of 1 July 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards pipes, tanks and ancillaries not in contact with water intended for human consumption (notified under document number C(1999) 1482) (Text with EEA relevance)
Date: 1999-07-01
Institutions: European Commission
Subjects: European standard, building materials, piping, producer's liability, product safety, production control, quality label, resistance of materials, technical specification

L 184/42

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Official Journal of the European Communities

17. 7. 1999

COMMISSION DECISION

of 1 July 1999

on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of
Council Directive 89/106/EEC as regards pipes, tanks and ancillaries not in contact with water
intended for human consumption

(notified under document number C(1999) 1482)

(Text with EEA relevance)

(1999/472/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
by Directive
as
construction
93/68/EEC (2), and in particular Article 13(4) thereof,

products (1),

amended

(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
sole responsability a factory
manufacturer has under
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.

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

L 184/43

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, 1 July 1999.

For the Commission

Karel VAN MIERT

Member of the Commission

L 184/44

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Official Journal of the European Communities

17. 7. 1999

ANNEX I

Piping kits, pipes, tanks, leakage alarm systems, overfill prevention devices, fittings, adhesives, joints, joint
sealings, gaskets, ducts and conduits for protection, pipe/duct supports, valves and taps, safety ancillaries

For use in installations for the transport/distribution/storage of gas/fuel intended for the supply of building heating/
cooling systems, from the external storage reservoir or the last pressure reduction unit of the network to the inlet of
the heating/cooling systems of the building, and in installations for the transport/disposal/storage of water not
intended for human consumption, and for heating systems, other than those specified in Annex II.

ANNEX II

Tanks, ducts and conduits for protection

in installations for the transport/distribution/storage of
For use in areas subject to resistance to fire regulations,
gas/fuel intended for the supply of building heating/cooling systems, from the external storage reservoir or the last
pressure reduction unit of the network to the inlet of the heating/cooling systems of the building.

Piping kits, pipes, tanks, leakage alarm systems, overfill prevention devices, fittings, adhesives, joints, joint
sealings, gaskets, ducts and conduits for protection, pipe/duct supports, valves and taps, safety ancillaries

For use in areas subject to reaction to fire regulations, in installations for the transport/distribution/storage of gas/fuel
intended for the supply of building heating/cooling systems, from the external storage reservoir or the last pressure
reduction unit of the network to the inlet of the heating/cooling systems of the building, and in installations for the
transport/disposal/storage of water not intended for human consumption for products for which the reaction to fire
class is A (1), B (1) or C (1).

(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

L 184/45

ANNEX II

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

PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP-
TION (1/5)

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)

— Piping kits
— Pipes
— Tanks
— leakage alarm systems and
overfill prevention devices
— Fittings, ahesives, joints, joint

sealings and gaskets
and

— Ducts

conduits

for

of

heating/cooling

in installations for the transport/
distribution/storage
gas/fuel
intended for the supply of buil-
ding
systems,
from the external storage reservoir
or the last pressure reduction unit
of the network to the inlet of the
heating/cooling systems of
the
building

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

Attestation
of conformity
system(s)

—

3

protection

— Pipe/duct supports
— Valves and taps
— Safety ancillaries

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 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.

L 184/46

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Official Journal of the European Communities

17. 7. 1999

PRODUCT FAMILY

PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP-
TION (2/5)

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):

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

Attestation
of conformity
system(s)

—

4

Product(s)

Intended use(s)

in installations for the transport/
disposal/storage
of water not
intended for human consumption

— Piping kits
— Pipes
— Tanks
— Leakage alarm systems and
overfill prevention devices

— Fittings,

adhesives,

joints,

joint sealings and gaskets

— Ducts

and

conduits

for

protection

— Pipe/duct supports
— Valves and taps
— Safety ancillaries

System 4: 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 89/160/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.

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Official Journal of the European Communities

L 184/47

PRODUCT FAMILY

PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP-
TION (3/5)

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):

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

Attestation
of conformity
system(s)

any

1

Product(s)

Intended use(s)

— Tanks
— Ducts

and

conduits

for

protection

the

in installations in areas subject to
resistance to fire regulations, used
transport/distribution/
for
storage of gas/fuel
intended for
the supply of building heating/
colling systems, from the external
storage reservoir or the last pres-
sure reduction unit of the network
to the inlet of the heating/cooling
systems of the building

System 1: See Directive 89/106/EEC, Annex III(2)(I), without audit-testing of samples.

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 89/160/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.

L 184/48

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Official Journal of the European Communities

17. 7. 1999

PRODUCT FAMILY

PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP-
TION (4/5)

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)

— Piping kits
— Pipes
— Tanks
— Leakage alarm systems and
overfill prevention devices

— Fittings,

adhesives,

joints,

joint sealings and gaskets

— Ducts

and

conduits

for

protection

— Pipe/duct supports
— Valves and taps
— Safety ancillaries

any

the

in installations in areas subject to
reaction to fire regulations, used
transport/distribution/
for
storage of gas/fuel
intended for
the supply of buidling heating/
cooling systems, from the external
storage reservoir or the last pres-
sure reduction unit of the network
to the inlet of the heating/cooling
systems of the building

in installations in areas subject to
reaction to fire regulations, used
for the transport/disposal/storage
of water not intended for human
consumption

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

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

A (3), D, E, F

1

1

3

4

System 1: See Directive 89/106/EEC, Annex II(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, for example 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 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 89/160/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.

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Official Journal of the European Communities

L 184/49

PRODUCT FAMILY

PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP-
TION (5/5)

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):

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

Attestation
of conformity
system(s)

—

3

Product(s)

Intended use(s)

in installations subject to regula-
tion on energy conservation, used
for the transport/disposal/storage
of water not intended for human
consumption,
and for heating
systems

— Piping kits
— Pipes
— Tanks
— Leakage alarm systems and
overfill prevention devices

— Fittings,

adhesives,

joints,

joint sealings and gaskets

— Ducts

and

conduits

for

protection

— Pipe/duct supports
— Valves and taps
— Safety ancillaries

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 89/160/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.