2003/722/EC: Commission Decision of 6 October 2003 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as liquid-applied bridge deck waterproofing kits (Text with EEA relevance) (notified under document number C(2003) 3483)
Date: 2003-10-06
Institutions: European Commission
Subjects: building materials, engineering structure, quality control of industrial products, quality label, technical standard

L 260/32

EN

Official Journal of the European Union

11.10.2003

COMMISSION DECISION

of 6 October 2003

on the procedure for attesting the conformity of construction products pursuant to Article 20(2)
of Council Directive 89/106/EEC as liquid-applied bridge deck waterproofing kits

(notified under document number C(2003) 3483)

(Text with EEA relevance)

(2003/722/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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.

(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.

Article 2

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

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 6 October 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission

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)

(2)

(3)

The Commission is required to select, between the two
procedures under Article 13(3) of Directive 89/106/EEC
the least
for attesting the conformity of a product,
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 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.

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

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

11.10.2003

EN

Official Journal of the European Union

L 260/33

ANNEX I

Liquid-applied bridge deck waterproofing kits

— For use exclusively in bridge decks

ANNEX II

Liquid-applied bridge deck waterproofing kits

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

Attestation of conformity
system(s)

Liquid-applied bridge deck
waterproofing kits

in bridge decks

—

2+

System 2+: See Directive 89/106/EEC, Annex III(2)(ii), 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 surveil-
lance, 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 the CPD and, where applicable, clause 1.2.3 of the interpretative document). In those
cases the verification of such a characteristic must not be imposed on the manufacturer if he or she does not wish to
declare the performance of the product in that respect.