2004/663/EC: Commission Decision of 20 September 2004 amending Commission Decision 97/464/EC on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards waste water engineering products (notified under document number C(2004) 3488)(Text with EEA relevance)
Date: 2004-09-20
Institutions: European Commission
Subjects: construction equipment, product quality, product safety, quality label

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COMMISSION

COMMISSION DECISION

of 20 September 2004

amending Commission Decision 97/464/EC on the procedure for attesting the conformity of
construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards
waste water engineering products

(notified under document number C(2004) 3488)

(Text with EEA relevance)

(2004/663/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

to refer to Article 13(3) (a) and (b) when specifying the
procedure of attesting the conformity according to
Article 13(4). The text of Decision 97/464/EC should
be simplified by deleting this reference.

Having regard to the Treaty
Community,

establishing the European

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 last amended by Regulation of the
European Parliament and of the Council (EC) No 1882/2003 (2),
and in particular Article 13(4) thereof,

Whereas:

(3)

(4)

Following a review of waste water engineering product
families, and the need to accommodate the regulatory
needs of the Member States in respect of reaction to
the procedures of attestation of conformity in
fire,
respect of reaction to fire characteristics should be added.

Following a review of the product family ‘Waste water
engineering products outside buildings (3/3)’ a higher
level of safety for manhole tops and gully tops for use
in vehicular and pedestrian areas should be assured.

(5)

Decision 97/464/EC should therefore be
accordingly.

amended

(1)

The Commission has already adopted the Decision
97/464/EC of 27 June 1997 on attesting the conformity
of construction products pursuant to Article 20(2) of
Directive 89/106/EEC as regards waste water engineering
products (3).

(6)

The measures provided for
accordance with
Committee on Construction.

the

in this Decision are in
Standing
the

of

opinion

(2)

Article 13(2) of Directive 89/106/EEC provides that
conformity shall be established in accordance with
Annex III to the Directive. It is therefore not necessary

HAS ADOPTED THIS DECISION:

(1) OJ L 40, 11.2.1989, p. 12.
(2) OJ L 284, 31.10.2003, p. 1.
(3) OJ L 198, 25.7.1997, p. 33.

Article 1

Decision 97/464/EC is amended as follows:

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1. Article 1 is replaced as follows:

2. The Annexes are amended in accordance with the Annex to

‘Article 1

The products set out

1.
conformity attested by procedures set out in Annex II.

in Annex I shall have their

this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 20 September 2004.

2. When the products referred to in paragraph 1 are
additionally subject to regulations on reaction to fire, they
shall have their conformity in respect of reaction to fire
characteristics attested by procedures set out in Annex III.’

For the Commission

Olli REHN
Member of the Commission

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The Annexes are amended as follows:

ANNEX

1. In Annex II, for product family ‘Waste water engineering products outside buildings (3/3)’, the table is replaced by

the following table:

‘Product(s)

Intended use(s)

Level(s) or class(es)

Attestation of
conformity system(s)

Manholes and inspection chambers
ladders and handrails
Step irons,
for manholes
inspection
chambers

and

To be used on carriageways,
parking areas, hard shoulders
and outside buildings

Separators

for waste water/sewage
from
buildings and civil engineering
works including roads

Manhole tops and gully tops

For
use
pedestrian areas

in

vehicular

and

(1) System 4: See Annex III point 2 (ii) to Directive 89/106/EEC, third possibility.
(2) System 1: See Annex III point 2(i) to Directive 89/106/EEC.’

2. The following Annex III is added:

4 (1)

4 (1)

1 (2)

‘ANNEX III

PRODUCT FAMILIES

Waste water engineering products inside buildings

Waste water engineering products outside buildings

Systems of attestation of conformity in respect of reaction to fire characteristics

For the product(s) and intended use(s) listed below, CEN/Cenelec is requested to specify the following systems of
attestation of conformity in respect of reaction to fire characteristics in the relevant harmonised standard(s):

Product(s)

Intended use(s)

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

Attestation of
conformity system(s)

Back-flow devices: air admittance
valve ventilating pipework

For all use(s) when subject
regulations on reaction to fire

to

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

for waste water pumping

Kits
station and effluent lifting plants

Kits and elements for waste water
treatment
on-site
and
plants
equipment — septic
treatment
tanks

Prefabricated drainage channel

Manholes and inspection chambers

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

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

1

3

4

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Product(s)

Intended use(s)

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

Attestation of
conformity system(s)

Step irons, ladders and handrail for
manholes and inspection chambers

Separators

Manhole tops and gully tops

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 class A1 according to the

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
Documents). In those cases the verification of such characteristic must not be imposed on the manufacturer if he
does not wish to declare the performance of the product in that respect.’