2001/308/EC: Commission Decision of 31 January 2001 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards vetures (Text with EEA relevance) (notified under document number C(2000) 4359)
Date: 2001-01-31
Institutions: European Commission
Subjects: building materials, consumer protection, product quality, quality label, trade information, trade mark

18.4.2001

EN

Official Journal of the European Communities

L 107/25

COMMISSION

COMMISSION DECISION

of 31 January 2001

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

(notified under document number C(2000) 4359)

(Text with EEA relevance)

(2001/308/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

reference to Annex III, for each product or family of
products, since Annex III gives preference to certain
systems.

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.
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 contin-
uous surveillance, of point (ii) of Section 2 of Annex III.

Whereas:

(5)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on Construction,

(1)

(2)

(3)

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.

Article 13(4) requires the procedure thus determined to
be indicated in the mandates and in the technical specifi-
cations. It is therefore desirable to identify the products
or family of products referred to in the technical specifi-
cations.

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 are to be implemented, by

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

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

Article 2

The products and families of 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.

L 107/26

EN

Official Journal of the European Communities

18.4.2001

The procedure for attesting conformity as set out in Annex III shall be indicated in the mandates for
Guidelines for European technical approvals.

Article 3

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 31 January 2001.

For the Commission

Erkki LIIKANEN

Member of the Commission

Vetures:

For use in buildings, except those covered in Annex II.

ANNEX I

ANNEX II

Vetures:

For use in buildings, subject to reaction to fire regulations for products made of materials falling into classes A1 (*),
A2 (*), B (*), C (*).

(*) Products/materials for which a clearly identifiable stage in the production process results in an improvement of the reaction to fire

classification (e.g. an addition of fire retardants or a limiting of organic material).

18.4.2001

EN

Official Journal of the European Communities

L 107/27

ANNEX III

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: vetures (1/2)

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(s)

Intended use(s)

Level(s) or class(es)

Attestation
of conformity
system(s)

Vetures

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
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: vetures (2/2)

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(s)

Intended use(s)

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

Attestation
of conformity
system(s)

Vetures

for uses subject to regula-
tions on reaction to fire

A1 (*), A2 (*), B (*), C (*)

A1 (**), A2 (**), B (**), C (**), D, E

A1 to 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.

(*)

(**)
(***)

Products/materials for which a clearly identifiable stage in the production process results in an improvement of the reaction to fire
classification (e.g. an addition of fire retardants or a limiting of organic material).
Products/materials not covered by footnote (*).
Products/materials that do not require to be tested for reaction to fire (e.g. products/materials of class A1 according to Decision
96/603/EC, as amended).

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.