2005/484/EC: Commission Decision of 4 July 2005 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards cold storage building kits and cold storage building envelope kits (notified under document number C(2005) 1961)   (Text with EEA relevance)
Date: 2005-07-04
Institutions: European Commission
Subjects: EC conformity marking, cold store, product safety, quality control of industrial products, technical specification

6.7.2005

EN

Official Journal of the European Union

L 173/15

COMMISSION

COMMISSION DECISION

of 4 July 2005

on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of
Council Directive 89/106/EEC as regards cold storage building kits and cold storage building
envelope kits

(notified under document number C(2005) 1961)

(Text with EEA relevance)

(2005/484/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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), and in particular Article 13(4) thereof,

Whereas:

(1)

(2)

for

attesting

procedures

two
the
Regarding
the
a product under Article 13(3) of
conformity of
the Commission is required to
Directive 89/106/EEC,
select
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 responsibility of the manufacturer is a necessary and
sufficient condition for an attestation of conformity, or
for reasons related to compliance with the
whether,
criteria mentioned
of Directive
89/106/EEC, the intervention of an approved certification
body is required.

in Article 13(4)

Article 13(4) of Directive 89/106/EEC requires that the
procedure thus determined must be indicated in the
mandates and in the technical
is
therefore desirable to define the concept of products or
family of products as used in the mandates and in the
technical specifications.

specifications.

It

(1) OJ L 40, 11.2.1989, p. 12. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

The two procedures provided for in Article 13(3) of
Directive 89/106/EEC are described in detail
in Annex
III to that Directive. 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) of Directive
89/106/EEC 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
to Directive 89/106/EEC. The procedure
to the
referred to in Article 13(3)(b)
systems set out in point (i) of Section 2 of Annex III,
and in the first possibility, with continuous surveillance,
of point (ii) of Section 2 of Annex III.

corresponds

The measures provided for
accordance with
Committee on Construction,

the

in this Decision are in
Standing
the

of

opinion

(4)

(5)

HAS ADOPTED THIS DECISION:

Article 1

The 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.

L 173/16

EN

Official Journal of the European Union

6.7.2005

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

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 4 July 2005.

For the Commission

Günter VERHEUGEN
Vice-President

6.7.2005

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Official Journal of the European Union

L 173/17

ANNEX I

Cold storage building kits and cold storage building envelope kits:
— For use in building works.

ANNEX II

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.

COLD STORAGE BUILDING KITS AND COLD STORAGE BUILDING ENVELOPE KITS

Systems of attestation of conformity

For the product(s) and intended use(s) listed below, European Organisation for Technical Approval (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)

Cold storage building kits
and cold storage building
envelope kits

In building works

—

1

System 1: see Directive 89/106/EEC, Annex III.2, point (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, 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
does not wish to declare the performance of the product in that respect.