2000/245/EC: Commission Decision of 2 February 2000 on the procedure for attesting the conformity of construction products pursuant to Article 20(4) of Council Directive 89/106/EEC as regards flat glass, profiled glass and glass block products (notified under document number C(1999) 5016) (Text with EEA relevance)
Date: 2000-02-02
Institutions: European Commission
Subjects: Community certification, EC conformity marking, building materials, glass, product quality, product safety

28.3.2000

EN

Official Journal of the European Communities

L 77/13

COMMISSION

COMMISSION DECISION

of 2 February 2000

on the procedure for attesting the conformity of construction products pursuant to Article 20(4) of
Council Directive 89/106/EEC as regards flat glass, profiled glass and glass block products

(notified under document number C(1999) 5016)

(Text with EEA relevance)

(2000/245/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(4)

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

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’;
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 responsi-
bility of the manuafacturer is a necessary and sufficient
condition for an attestation of conformity, or whether,
reasons related to compliance with the criteria
for
mentioned in Article 13(4),
the intervention of an
approved certification body is required.

products, since Annex III gives preference to certain
systems.

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 possi-
bilities of section 2(ii) of Annex III, and the procedure
referred to in Article 13(3)(b) corresponds to the systems
set out in section 2(i) of Annex III, and in the first
possibility, with continuous surveillance, of section 2(ii)
of Annex III.

(5)

(6)

The measures provided for in this Decision are not in
accordance with the opinion of the Standing Committee
on Construction.

The decision was submitted to the Council, which was
unable to act within the three-month time period fore-
seen in Directive 89/106/EEC. The proposed measure is
therefore adopted by the Commission,

HAS ADOPTED THIS DECISION:

Article 1

Article 13(4) requires that the procedure thus deter-
mined must be indicated in the mandates and in the
technical specifications; therefore, it is desirable to define
the concept of products or family of products as used in
the mandates and in the technical specifications.

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 responsibility a factory produc-
tion control system ensuring that the product is in conformity
with the relevant technical specifications.

The two procedures provided for in Article 13(3) are
described in detail in Annex III to Directive 89/106/'EEC;
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

(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.

(1)

(2)

(3)

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Official Journal of the European Communities

28.3.2000

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, 2 February 2000.

For the Commission

Erkki LIIKANEN

Member of the Commission

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Official Journal of the European Communities

L 77/15

ANNEX I

Flat and curved glass panels (including basic glass, processed glass, special or safety glass, coated, filmed,
enamelled, surface-treated or mirrored glass):

For all uses other than:

— for use in a glazed assembly intended specifically to provide fire resistance,

— for use as anti-bullet or anti-explosion glazing.

Channel-shaped glass (wired or unwired):

For all uses other than:

— for use in a glazed assembly intended specifically to provide fire resistance.

Insulating glass units:

For all uses other than:

— for use in a glazed assembly intended specifically to provide fire resistance,

— for use as anti-bullet or anti-explosion glazing.

Glass blocks:

For use in non-load bearing applications other than:

— for anti-bullet and anti-explosion uses.

Glass-block wall panels:

For all non-load bearing uses other than:

— for fire compartmentation uses,

— for anti-bullet and anti-explosion uses.

L 77/16

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Official Journal of the European Communities

28.3.2000

ANNEX II

Flat and curved glass panels (including basic glass, processed glass, special or safety glass, coated, filmed,
enamelled, surface-treated or mirrored glass):

— for anti-bullet and anti-explosion uses,

— for use in a glazed assembly intended specifically to provide fire resistance.

Channel-shaped glass (wired or unwired):

— for use in a glazed assembly intended specifically to provide fire resistance.

Insulating glass units:

— for anti-bullet and anti-explosion uses,

— for use in a glazed assembly intended specifically to provide fire resistance.

Glass blocks:

for anti-bullet and anti-explosion uses.

Glass-block wall panels:

— for fire compartmentation uses,

— for anti-bullet and anti-explosion uses.

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Official Journal of the European Communities

L 77/17

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

FLAT GLASS, PROFILED GLASS AND GLASS-BLOCK PRODUCTS (1/6)

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)

Flat or curved glass panels
Channel-shaped glass
Insulating glass units

For use in a glazed assembly
intended specifically to provide
fire resistance

Glass-block wall panels

For fire compartmentation

Any

Any

1

1

System 1: See Section2 (i) of Annex III to Directive 89/106/EEC, 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
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.

PRODUCT FAMILY

FLAT GLASS, PROFILED GLASS AND GLASS-BLOCK PRODUCTS (2/6)

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)

Attestation of
conformity system(s)

Flat or curved glass panels
Channel-shaped glass
Insulating glass units
Glass blocks
Glass-block wall panels

For uses subject to reaction to
fire regulations

A, B, C,

A (1), D, E, F

3

4

System 3: See Section 2(ii) of Annex III to 89/106/EEC, second possibility.
System 4: See Section 2(ii) of Annex III to 89/106/EEC, third possibility.

(1) 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
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.

L 77/18

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Official Journal of the European Communities

28.3.2000

PRODUCT FAMILY

FLAT GLASS, PROFILED GLASS AND GLASS-BLOCK PRODUCTS (3/6)

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)

Flat or curved glass panels
Channel-shaped glass
Insulating glass units

For uses subject to external fire
performance regulations

Products
testing

requiring

Products ‘deemed to
satisfy’
without
testing (1)

3

4

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

System 4: See Section 2(ii) of Annex III to 89/106/EEC third possibility.

(1) To be confirmed in discussions with the fire regulators group.

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 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.

PRODUCT FAMILY

FLAT GLASS, PROFILED GLASS AND GLASS-BLOCK PRODUCTS (4/6)

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)

Flat or curved glass panels
Insulating glass units
Glass-block

Glass-block wall panels

For use as anti-bullet, or anti-
explosion glazing

For other uses liable to present
‘safety-in-use’ risks and subject
to such regulations

Channel-shaped glass

uses

For
present
liable
‘safety-in-use’ risk and subject to
such regulations

to

—

—

—

1

3

3

System 1: See Section 2(i) of Annex III to 89/106/EEC, without audit testing of samples.

System 3: See Section 2(ii) of Annex III to 89/106/EEC, 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
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.

28.3.2000

EN

Official Journal of the European Communities

L 77/19

PRODUCT FAMILY

FLAT GLASS, PROFILED GLASS AND GLASS-BLOCK PRODUCTS (5/6)

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)

Flat or curved glass panels
(specially treated)
Channel-shaped glass
Insulating glass units
Glass blocks
Glass-block wall panels

For uses
conservation
reduction

relating to energy
noise

and/or

—

3

System 3: See Section 2(ii) of Annex III to 89/106/EEC, 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
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.

PRODUCT FAMILY

FLAT GLASS, PROFILED GLASS AND GLASS-BLOCK PRODUCTS (6/6)

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)

Flat or curved glass panels
Channel-shaped glass
Insulating glass units
Glass blocks
Glass-block wall panels

For uses other than those speci-
fied in families 1/6 to 5/6

—

4

System 4: See Section 2(ii) of Annex III to 89/106/EEC, 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
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.