2001/19/EC: Commission Decision of 20 December 2000 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards expansion joints for road bridges (Text with EEA relevance) (notified under document number C(2000) 3694)
Date: 2000-12-20
Institutions: European Commission
Subjects: building materials, engineering structure, product safety, quality control of industrial products, quality label

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 20 December 2000

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

(notified under document number C(2000) 3694)

(Text with EEA relevance)

(2001/19/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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

(4)

Whereas:

(1)

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 manufacturer 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.

(2)

Article 13(4) requires that the procedure thus deter-
mined should be indicated in the mandates and in the
technical specifications. It is therefore desirable to iden-
tify the products or family of products referred to in the
technical specifications.

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

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 should be implemented,
by the reference to Annex III, for each product or family
of 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 Annex III(2)(ii). The procedure referred to in III
(2)(i) Article 13(3)(a)(b) corresponds to the systems set
out in Annex III(2)(i), and in the first possibility, with
continuous surveillance, of Annex III(2)(ii).

(5)

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,
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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The procedure for attesting conformity as set out in Annex II shall be indicated in mandates for guidelines
for European technical approvals.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 20 December 2000.

For the Commission

Erkki LIIKANEN

Member of the Commission

ANNEX I

Expansion joints for road bridges

For uses in road bridges to ensure the continuity of the running surface, the continuity of the traffic bearing capacity
and to accommodate the movement of the bridges.

ANNEX II

Product family: expansion joints for road bridges

Systems of attestation of conformity

For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of
conformity in the relevant guideline for European technical approvals:

Product

Intended use

Level or class

Attestation of conformity
system

Expansion joints for road bridges

In road bridges

—

1

System 1: See Directive 89/106/EEC (CPD) 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
characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, paragraph 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.