2003/639/EC: Commission Decision of 4 September 2003 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards pins for structural joints (Text with EEA relevance) (notified under document number C(2003) 3159)
Date: 2003-09-04
Institutions: European Commission
Subjects: building materials, industrial product, quality control of industrial products, quality label, technical standard

L 226/18

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Official Journal of the European Union

10.9.2003

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 4 September 2003

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

(notified under document number C(2003) 3159)

(Text with EEA relevance)

(2003/639/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
administrative provisions of
the Member States relating to
construction products (1), as amended by Directive 93/68/
EEC (2), and in particular Article 13(4) thereof,

Whereas:

(1)

it

is necessary to decide whether,

The Commission is required to select, of the two proce-
dures 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
for a given
product or family of products, the existence of a factory
production control system under the responsibility of
the manufacturer is a necessary and sufficient condition
for an attestation of conformity, or whether, for reasons
related to compliance with the criteria mentioned in
Article 13(4), the intervention of an approved certifica-
tion body is required.

(2)

Article 13(4) requires that
the procedure thus deter-
mined shall 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.

(3)

(4)

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 shall be implemented, by
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 section 2(ii) of Annex III. 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 possi-
bility, with continuous surveillance, of section 2(ii) of
Annex III.

(5)

The measures provided for in this Decision are in accor-
dance 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 addi-
tion 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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Official Journal of the European Union

L 226/19

The procedure for attesting conformity as set out in Annex II shall be indicated in the mandates for guide-
lines for European technical approvals.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 4 September 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission

ANNEX I

Pins for structural joints:

for uses in building works, to allow movement to occur between the connected parts (between slabs, or between slabs
and walls).

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Official Journal of the European Union

10.9.2003

ANNEX II

ATTESTATION OF CONFORMITY

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: Pins for structural joints (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 guidelines for European technical approvals:

Product(s)

Intended use(s)

Level(s) or class(es)

Attestation of confor-
mity system(s)

Pins for structural joints

for uses
performance regulations

subject

to structural

—

2+

System 2+: see Annex III(2)(ii) to Directive 89/106/EEC, first possibility, including certification of factory production
control by an approved body on the basis of initial inspection of factory and of factory production control
as well as of continuous surveillance, assessment and approval of the factory production control.

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: Pins for structural joints (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 guidelines for European technical approvals:

Product(s)

Intended use(s)

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

Attestation of
conformity
system(s)

Pins for structural joints

for uses subject
tions on reaction to fire

to regula-

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

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

(A1 to E) (***), F

1

3

4

System 1: see Annex III(2)(i) to Directive 89/106/EEC, without audit-testing of samples.
System 3: see Annex III(2)(ii) to Directive 89/106/EEC, second possibility.
System 4: see Annex III(2)(ii) to Directive 89/106/EEC, 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 classes A1 according to Commis-

sion 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.