CELEX: 51978PC0449(01)
Language: en
Date: 1978-11-22
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO CONSTRUCTION PRODUCTS

23.12. 78                        Official Journal of the European Communities                           No C 308/3
                                                         II
                                                (Preparatory Acts)
                                           COMMISSION
             Proposal for a Council Directive on the approximation of the laws, regulations and
                administrative provisions of the Member States relating to construction products
                      (Submitted by the Commission to the Council on 30 November        1978)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                     all the aspects directly connected with it have already
                                                             been expressly covered or are in the course of being
Having regard to the Treaty establishing the                 covered;
European Economic Community, and in particular
Articles 100 and 155 thereof,                                Whereas, in order to remove the barriers, the
                                                             performances to be complied with, the technical
Having regard to the proposal from the Commission,           specifications, the technical guides, the methods of
                                                             testing, of classification and of uniform calculation
                                                             must be suitably defined for the various products by
Having regard to the opinion of the          European        means of annexes, standards and technical approvals;
Parliament,                                                  whereas the results of the tests, calculations,
                                                             classification and checks must be mutually recognized
Having regard to the opinion of the Economic and             by the Member States;
Social Committee,
                                                             Whereas the conformity of construction products to
Whereas the provisions in force in the Member States         common provisions must be the subject of
for the manufacture, inspection and use of                   procedures which are recognized by all the Member
construction products answer differing requirements;         States; whereas the EEC type-approval, the EEC
whereas these divergences constitute barriers to trade       type-examination, the EEC check for conformity to
within the Community;                                        type and the EEC self-certification procedures must
                                                             be the subject of a common definition;
Whereas the construction products sector is very
                                                            Whereas the documents drawn up under these
large and very diversified; whereas certain products
                                                             procedures are issued by approved bodies; whereas,
and constituent materials are used in other fields;
                                                             in order to ensure the reciprocal recognition of these
whereas harmonized rules at Community level
                                                             documents or of the check on the use of the marks
already exist for certain products and constituent
                                                             and/or certificates of conformity to which they give
materials;
                                                             the right, these bodies should be approved on the
                                                             basis of common criteria;
Whereas, in order to remove the barriers, steps
should be taken at Community level to harmonize              Whereas the user must be able to tell from the EEC
national laws, regulations and           administrative      mark or certificate of conformity whether a product
provisions; whereas these harmonization measures             has been the subject of EEC type-approval, EEC
must not be contradictory to those already in force          type-examination or EEC independent certification;
for certain products belonging to the construction           whereas these procedures should therefore be
products sector; whereas such products should be             indicated by distinctive marks which are easy to
excluded from the scope of this Directive in so far as       interpret;
 ---pagebreak---   No C 308/4                        Official Journal of the European Communities                              23. 12. 78
 Whereas it is not possible absolutely to define the           HAS ADOPTED THIS DIRECTIVE:
 criteria for deciding in advance, according to the type
 of product, which of the EEC type-approval, EEC
                                                                                       CHAPTER I
 type-examination or EEC independent certification
 procedures should be applied; whereas                the
 established practice in the Member States must be                                Scope and definitions
 taken into account in each case; whereas the role the
 product plays, especially from the safety viewpoint,
                                                                                         Article 1
 must also be taken into account;
                                                               1.    This Directive shall apply to those products
Whereas, in general, the implementing Directives               which are incorporated in buildings and civil
must ensure that Member States may not refuse,                 engineering' works, hereinafter called 'products',
prevent or prohibit the placing on the market of               which are described in Annex I.
 products which comply with the requirements of this
 Directive and of the appropriate implementing
                                                               2.    Products which are the subject of separate
 Directive; whereas, in certain cases, it may
                                                               Community Directives shall be excluded from the
 nevertheless be desirable that Member States shall, in
                                                               scope of this Directive.
addition, allow only such products on to their
 market;
                                                               However, such exclusion shall apply only to those
                                                               aspects which are dealt with in the separate
 Whereas, without prejudice to Articles 169 and 170            Directives.
 of the Treaty, provision should be made, within the
framework of collaboration between Member States,
for suitable arrangements to facilitate the solution of                                  Article 2
 technical disagreements;
                                                               For the purposes of this Directive:
Whereas provision should be made for Directives
                                                               1. (a) 'EEC type-approval'         shall mean the act
implementing the rules laid down in this Directive on
construction products or groups of such products;                      whereby a Member State certifies, after
whereas these implementing Directives must include                     testing, that a type of product complies with
technical specifications to which such products must                   the requirements of this Directive and of the
conform;                                                               relevant implementing Directives;
                                                                  (b) 'EEC type-examination'           shall mean the
                                                                       procedure by which a body approved for this
Whereas these implementing Directives are defined in
                                                                       purpose by a Member State establishes, after
this Directive and assume the nature of executive
                                                                       testing, that a type of product complies with
measures; whereas it is therefore desirable to confer
                                                                       the requirements of this Directive and of the
on the Commission, assisted by a committee acting
                                                                       relevant implementing Directives;
on a qualified majority, the powers for executing this
Directive;                                                        (c) 'EEC verification of conformity to type' shall
                                                                       mean the procedure by which a body
Whereas construction products put on the market                        approved for this purpose by a Member State
coukl, while meeting the provisions of the relevant                    — shall ensure the correct usage, by the
implementing Directive, nevertheless endanger safety                       holder of an EEC approval certificate or
or health; whereas, therefore, a procedure should be                       an EEC type-examination certificate, of an
established in order to counteract this risk;                              EEC mark and/or of the corresponding
                                                                           certificate of conformity,
Whereas, for products which are not yet covered by                     — shall, by means of checks, factory
an implementing Directive, it is desirable to provide                      inspections, sampling and tests, ensure that
for a transitional procedure to facilitate trade within                    the product conforms to a type which has
the Community;                                                             been the subject of EEC type-approval or
                                                                           EEC type-examination, as the case may be.
Whereas it should be specified that the parties
concerned must have available the appropriate legal           2.     'EEC self-certification' shall mean the procedure
means of appeal against decisions taken by the                by which the manufacturer certifies, on his own
appropriate national authorities as regards the               responsibility, that a product complies with the
implementation of this Directive and of the                   requirements of this Directive and of the relevant
implementing Directives,                                      implementing Directives.
 ---pagebreak--- 23.12. 78 .                            Official Journal of the European Communities                          No C 308/5
3.     'EEC product' shall mean products bearing one              2.      The implementing Directives shall lay down in
of the following EEC marks and/or accompanied by                  each individual case, by the means appropriate to the
one of the following corresponding certificates of                product in question, and as necessary:
conformity:
                                                                  — the technical characteristics, having regard to the
(a) the EEC mark of EEC type-approval and/or the                        intended use,
      EEC type-approval certificate of conformity;
                                                                  — the methods of testing,
(b) the EEC mark of EEC type-examination and/or
      the    EEC      type-examination       certificate  of      — the methods of calculating the properties and
      conformity;                                                       performance of a product,
(c) the EEC mark of EEC self-certification and/or                 — the classification and methods of classification,
      the self-certification certificate of conformity.
                                                                  — the inspection procedures,
4.      'Technical approval' shall mean an assessment
of a product's suitability for use, based on                      — the rules for bringing the products into use.
performance, where such product, by reason of its
 novel use of materials or of the novelty of the                  3.      The implementing Directives shall state, for
 materials themselves, is not yet covered by a                     each individual case, which procedure(s) described in
 standard.                                                        this Directive shall apply to the marketing of the EEC
                                                                   product concerned.
 This assessment shall be directed by technical guides
 and shall be based on laboratory and in situ                      The choice of procedure shall take account both of
 experiments, which shall be as wide in scope as                   established practice and of the provisions of
 possible.                                                         paragraph 1 and of Annex II.
 5.      'The applicant', 'the beneficiary' or 'the holder'                                Article 5
 shall mean the manufacturer, the issuer of the licence
 or their duly accredited representative within the
 Community.                                                        1.      The implementing Directives may provide that
                                                                   EEC type-approval, EEC type-examination or EEC
                                                                   self-certification shall be temporarily based on
                            Article 3                              technical approvals issued by approved bodies in
                                                                    accordance with the guidance given in those
 The model EEC marks and the models for the EEC
                                                                   Directives.
 type-approval, EEC type-examination and EEC
 self-certification certificates of conformity are set out
 in Annex V.                                                       2.      Such implementing Directives shall lay down
                                                                    the provisions necessary to ensure that the technical
                                                                    approvals issued by the competent approved bodies
                          CHAPTER II                                are consistent with each other.
                        Basic principles
                                                                                            Article 6
                            Article 4
                                                                    The implementing Directives shall state, where
 1.      The implementing Directives covering the                   necessary, the date after which Member States may
  products referred to in Article 1 shall be issued in              no longer permit the marketing of products which
  accordance with the procedure laid down in Article                are covered by these Directives but are not in
  28.                                                               conformity with them.
  Implementing Directives may:
                                                                                            Article 7
  — either be of a general nature, for all products or
       for a sub-assembly of products,                               1.    Member States may not refuse, prohibit or
  — or relate to a group of products or to a particular              restrict the marketing of an EEC product, or its use
       aspect of a group of products.                                for its intended purpose, on grounds covered by this
                                                                     Directive and the relevant implementing Directives, if
   The provisions of the implementing Directives shall               such product conforms to the provisions of such
   be such that the products which conform to them                   Directives.
   shall allow the constructions in which they are used
   to meet generally recognized requirements, especially             2.     Products having EEC marks and/or certificates
   those concerning safety. Such requirements are set                of conformity shall be presumed to be in conformity
   out in Annex II.                                                  with such provisions.
 ---pagebreak--- No C 308/6                          Official Journal of the European Communities                              23.12. 78
                      CHAPTER III                              in the implementing Directives. In particular, when
                                                               the application is made, access to the works for
            EEC type-approval and certificate                  inspectors and the means for them to ensure the
                                                               conformity of the products manufactured with the
                                                                approved type shall be guaranteed.
                         Article 8
                                                               3.      The implementing Directives may provide that
                                                                the applicant shall inform the Member State of the
1.     The EEC type-approval certificate is the
                                                                date from which he will start to manufacture the
document by which the Member State certifies that a
                                                                product.
type of product conforms with the provisions of this
Directive and of the implementing Directive.
                                                                4.     The applicant shall affix the EEC type-approval
                                                                mark and/or draw up an EEC type-approval
2.     The obtaining of an EEC              type-approval
                                                                certificate of conformity in accordance with the
certificate, when provided for by an        implementing
                                                                provisions of the implementing Directive.
Directive, shall be a prerequisite to the  marketing and
use for its intended purpose of an EEC     product.
                                                                                         Article 11
                         Article 9
                                                                 1.    If a Member State observes that several samples
 1.     The application for EEC type-approval of a               of a type-approved product do not conform to this
 type of product shall be made to the Member State               type, it shall request the holder of the certificate to
 by the applicant in accordance with the procedure               rectify manufacture within a period specified by it,
 laid down in Annex III.                                         with possible suspension of the certification.
 Each Member State shall communicate to the other                Where necessary, the implementing Directive relating
 Member States and to the Commission the addresses               to this type of product shall stipulate the number of
 to which applications for EEC type-approval must be             samples deemed sufficient to justify intervention by a
 sent.                                                           Member State. If the holder of the EEC
                                                                 type-approval certificate does not act upon the
                                                                 request within the stated period, the Member State
 2.     The Member State to whom the application is
                                                                 shall suspend or withdraw the type-approval under
  addressed shall acknowledge receipt thereof.
                                                                 the conditions laid down in Annexes III and IV.
 3.     For a specific type of product, subject to any
  special provisions in the relevant implementing                2.     The Member State may withdraw the EEC
  Directive, an applicant may only make application              type-approval granted by it if it establishes that such
  for EEC type-approval to one Member State.                      approval ought not to have been granted.
                                                                  3.    It shall suspend or withdraw EEC type-approval
                         Article 10                               where the recipient no longer complies with the
                                                                  conditions referred to in Article 10.
  1.    If the type of product submitted for EEC
  type-approval conforms with the provisions of this
  Directive and the relevant implementing Directives,                                     Article 12
  the Member State shall grant approval and shall
  issue, in accordance with the model set out in Annex            1.    If a Member State is informed by another
  IV, an EEC type-approval certificate, note of which             Member State of the existence of one of the cases
  shall be given to the applicant.                                referred to in Article 11, it shall comply, after
                                                                  consultation with that Member State, with the
  When EEC type-approval is subject to the conditions             measures stated in that Article.
   laid down in Chapter V, and in particular those in
   Article 19, and to those set out in the implementing           2.    In the event of a dispute between the Member
   Directives, the applicant shall undertake to abide by          State which granted the EEC type-approval and
   these conditions.                                              another Member State over the advisability of
                                                                  suspension or over the obligation to withdraw
   2.    Moreover, an EEC type-approval may be made               approval, the matter shall be brought before the
   subject to a time limit or to other conditions set out         Commission, which shall in consequence take all
 ---pagebreak--- 23.12, 78                           Official Journal of the European Communities                             No C 308/7
measures necessary, without          prejudice   to   the      Directives, the applicant shall undertake to abide by
provisions of the Treaty.                                      these conditions.
3.     An EEC type-approval may only be withdrawn              2.     Moreover, an EEC type-examination certificate
by the Member State which granted it. This Member              may be made subject to a time limit or to other
State shall immediately inform the other Member                conditions set out in the implementing Directives. In
States and the Commission thereof, giving as far as            particular, when the application is made, access to
possible the quantitative and qualitative details              the works for inspectors and the means for them to
necessary to identify the non-conforming product.              ensure the conformity of the product manufactured
                                                               with the type submitted for EEC examination shall
                                                               be guaranteed.
                      CHAPTER IV
                                                               3.      The implementing Directives may state that the
                                                                applicant shall inform the approved body of the date
          EEC type-examination and certification
                                                               from which he will start to manufacture the product.
                                                               4.      The      applicant     shall   affix   the  EEC
                        Article 13
                                                                type-examination mark and/or          draw up an EEC
                                                                type-examination       certificate   of conformity    in
1.     The EEC type-examination certificate is the              accordance with the provisions       of the implementing
document by which the approved body certifies that              Directive.
a type of product conforms with the provisions of
 this Directive and of the implementing Directive.
                                                                                          Article 16
2.     The obtaining of the EEC type-examination
certificate, when provided for by an implementing
 Directive, shall be a prerequisite to the marketing and        1.     If an approved body observes that several
 use for its intended purpose of an EEC product.                samples of a product for the type of which an EEC
                                                                type-examination certificate has been issued do not
                                                                conform to this type, it shall request the holder of the
                                                                certificate to rectify manufacture within a period
                         Article 14
                                                                specified by it, with possible suspension of the
                                                                 certification.
  1.    The application for an EEC examination of a
  type of product shall be made to the approved body            Where necessary, the implementing Directive relating
 by the applicant in accordance with the procedure               to this type of product shall stipulate the number of
 laid down in Annex III.                                        samples deemed sufficient to justify intervention by
                                                                the approved body. If the holder of the EEC
  2.    The approved body to whom the application is             examination certificate does not act upon the request
  addressed shall acknowledge receipt thereof.                  within the stated period, the approved body shall
                                                                 suspend or withdraw the type-examination certificate
 3.     For a specific type of product, subject to any           under the conditions laid down in Annexes III
  special provisions in the relevant implementing                and IV.
  Directive an applicant may only make application for
  EEC examination to one competent approved body.                2.     The approved body may withdraw the EEC
                                                                 type-examination certificate granted by it if it
                                                                 establishes that it ought not to have been granted.
                         Article 15
                                                                 3.     It shall suspend or withdraw an EEC
  1.    If the type of product submitted for EEC                 type-examination certificate where the recipient no
  type-examination conforms with the provisions of               longer complies with the conditions referred to in
  this Directive and the relevant implementing                   Article 15.
  Directives, the approved body shall issue, in
  accordance with the model contained in Annex IV,
  the EEC type-examination certificate, notice of which                                   Article 17
  shall be given to the applicant. When EEC
   type-examination is subject to the conditions laid
   down in Chapter V, and in particular those in Article          1.    If in a Member State one of the cases described
   19, and to those set out in the implementing                  in Article 16 is observed, that Member State shall
 ---pagebreak--- No C 308/8                        Official Journal of the European Communities                             23.12. 78
inform the Member State in which             the   EEC      the competent staff to enable him to carry out
type-examination certificate was issued.                    internal     inspection      of    the   EEC    products
                                                            manufactured, whether he actually carries out this
2.    The Member State in which the EEC                     internal inspection and whether he keeps inspection
type-examination certificate was issued shall require       registers if this is laid down by the implementing
the approved body to take the measures provided for         Directive.
in Article 16.
                                                            2.    The approved inspecting body may take
3.    In the event of a dispute between the Member          samples      without      prior     warning  from     the
State in which an EEC type-examination certificate          manufacturing plant and the specified stores.
was issued and another Member State, the matter             Furthermore, it is entitled to take samples against
shall be brought before the Commission, which shall         payment at all stages of marketing including, in
in consequence take all measures necessary, without         appropriate circumstances, from building sites.
prejudice to the provisions of the Treaty.
4.    An EEC type-examination certificate may only          3.    If the manufacturing plant or the stores are
be withdrawn by the approved body which granted             situated in, or if marketing is carried out in, a
                                                            Member State other than that which granted the EEC
it. This approved body shall immediately inform the
                                                            type-approval, the inspecting body approved by the
Member State which appointed it of its action. This
                                                            Member State which has granted such type-approval
Member State shall immediately inform the other
                                                            may collaborate with the approved body in the
Member States and the Commission thereof, giving as
                                                            Member State where the samples are to be taken for
far as possible the quantitative and qualitative details
                                                            the checks referred to in paragraph 2.
necessary to identify the non-conforming product.
                                                            In the case of EEC type-examination, the approved
                                                            body which has granted the examination certificate
                      CHAPTER V
                                                            may collaborate with the approved inspection body
                                                            in so far as these two bodies are separate.
               EEC type conformity check
                                                            4.    The approved body which has carried out the
                       Article 18                           inspection shall forward its report, depending on the
EEC type conformity checks shall be carried out by          circumstances, to the Member State which has issued
the approved bodies referred to in Chapter X.               the EEC type-approval or to the approved body
                                                            which has issued the EEC type-examination
                                                            certificate if this is a separate body.
                       Article 19
The holder of the type-approval certificate or the                                    Article 21
 type-examination certificate shall:
                                                             1.    Where the checks referred to in Article 20 prove
(a) inform the approved body responsible for EEC
                                                            that the product manufactured does not conform to
     type conformity checks:
                                                            the type which has been approved or which has
     — of the place where the manufacturing plant is        received the EEC type-examination certificate and/or
         located,                                           that the provisions of this Directive and the relevant
     — of the date on which manufacture will start,         implementing Directives have not all been satisfied,
                                                            the Member State or the approved body shall take
     — of any other necessary information laid down          against the beneficiary, and according to the
         in the implementing Directive;                     circumstances, the measures referred to respectively
                                                            in Articles 11 and 12 or in Articles 16 and 17.
(b) ensure access for the representatives of the
     approved body to the manufacturing plant
                                                            2.     As in the case of the withdrawal decision, the
     and/or to the stores involved and to the
                                                            suspension decision shall be communicated to the
     inspection registers and give them all the
                                                            other Member States, who shall inform the approved
     information necessary for the performance of
                                                            bodies thereof, and also the Commission.
     their task;
 (c) permit the approved body to take samples in                                    CHAPTER VI
     accordance with the procedures provided for by
     the implementing Directive.                                                EEC self-certification
                       Article 20                                                     Article 22
 1.    The inspecting body shall ascertain whether the       1.    The implementing Directives may provide for
 manufacturer has available the necessary means and         EEC self-certification. In this case, the manufacturer
 ---pagebreak--- 23. 12. 78                          Official Journal of the European Communities                              No C 308/9
shall affix the EEC self-certification mark and/or             provisions of this Directive and of the relevant
shall establish the self-certificate of conformity in          implementing Directives. In particular they shall
accordance with the provisions of the implementing             oblige the manufacturer to permit visits to his plant
Directives.                                                    by inspectors and, if necessary, to submit the
                                                               inspection registers to them.
2.     The implementing Directives may also specify
that the manufacturer shall draw up a technical note
                                                                                         Article 26
which he shall attach to the accompanying
commercial documents. The model of the technical
note shall be laid down in the implementing Directive           1.     Without prejudice to other provisions of
which provides for it.                                         national legislation, a Member State may withdraw
                                                               from a manufacturer the right to apply EEC
                                                                self-certification if it becomes clear that the product
3.     Where applicable, the implementing Directives
                                                                does not conform to the provisions of the relevant
may provide for the self-certification of conformity
                                                               implementing Directive and/or that the provisions of
and/or the technical note to be replaced by a
                                                                this Directive are not being respected.
 manufacturer's declaration entered directly on the
 accompanying commercial documents.
                                                                2.     In this case, this Member State shall
                                                                immediately inform the other Member States and the
                        Article 23                              Commission thereof giving as far as possible the
                                                                quantitative and qualitative details necessary to
 1.    A manufacturer who intends to use EEC                    identify the non-conforming product.
self-certification shall inform the Member State on
whose territory the product is manufactured thereof,            3.     In the event of a dispute between Member
 the date on which he will begin and, where                     States on the need or otherwise to withdraw from a
 applicable, the date on which he will cease to use             manufacturer        the     right     to    apply   EEC
 self-certification.                                            self-certification, the matter shall be brought before
                                                                the Commission which shall in consequence take all
 2.    The manufacturer shall draw up his declaration           measures necessary.
 of intent in accordance with the model set out in
 Annex V. The Member State to whom this is
 addressed shall send copies thereof to the other                                      CHAPTER VII
 Member States and to the Commission.
                                                                Procedure      for   the   adoptation    of  implementing
 3.    For products manufactured outside the territory                                    Directives
 of the Community, the Member State to whom the
 manufacturer's declaration is addressed shall send
 copies thereof to the other Member States and to the                                     Article 27
 Commission.
                                                                1.     A Committee for Implementing Directives is
                                                                hereby set up with a view to removing technical
                         Article 24                             barriers to trade in the construction products sector,
                                                                 hereinafter called 'the committee', which shall
 In order to apply EEC self-certification                a       comprise representatives of the Member States, with
 manufacturer shall have available the technical means           a representative of the Commission as chairman.
 needed to check the products manufactured and shall
 carry out such checks under the conditions provided             2.     The committee shall adopt its own rules of
 for by the implementing Directive and shall keep                procedure.
 inspection registers.
 'Have available' here means that the manufacturer                                        Article 28
 shall have in his factories the necessary equipment
  and staff or that he shall make use of a body which
                                                                 1.     Where the procedure laid down in this Article is
  possesses these and with which he is linked by a
                                                                 to be followed, matters shall be referred to the
  permanent contract.
                                                                 committee by the chairman, either on his own
                                                                 initiative or at the request of the representative of a
                         Article 25                              Member State.
  Member States shall take all necessary measures to             2.     The representative of the Commission shall
  ensure that self-certified EEC products satisfy the            submit to the committee a draft implementing
 ---pagebreak--- No C 308/10                         Official Journal of  European Communities                           23.12. 78
Directive. The committee shall deliver its opinion on       2.    In this event:
this draft within a time limit set by the chairman,
having regard to the urgency of the matter. Opinions        (a) the Member State - addressed shall consider as
shall be adopted by a majority of 41 votes, the votes            conforming to current national laws, regulations
of the Member States being weighted as provided in               and administrative provisions those products
Article 148 (2) of the Treaty. The chairman shall not            which have satisfied the tests and checks carried
vote.                                                            out by an approved body;
3. (a) The Commission shall issue the implementing
         Directive when it is in accordance with the        (b) the tests and checks shall be carried out in
         opinion of the committee.                               accordance with the methods current in the
                                                                 Member >State addressed or recognized as
    (b) Where the draft implementing Directive is not            equivalent by that Member State;
         in accordance with the opinion of the
         committee, or in the absence of an opinion,
                                                            (c) Member States shall, on request, supply
         the Commission shall without delay submit to
                                                                 approved bodies with all necessary information
         the Council a proposal relating to the
         implementing Directive. The Council shall act           on the procedure to be followed and on the tests
         by a qualified majority.                                and checks to be carried out.
    (c) If, after a period of three months from the
         date on which the matter was brought before        3.     Member States shall attach to reports and
         the Council, the latter has not taken any          certificates issued by the approved body which has
         action, the draft implementing Directive shall     carried out the tests and checks provided for in
         be issued by the Commission.                       paragraph 2 (b) the same value as they attach to the
                                                            corresponding national documents.
                      CHAPTER VIII
                     Safeguard clause
                                                                                  CHAPTER X
                        Article 29
 1.    Where a Member State has good grounds for                                 Approved bodies
 believing that an EEC product, although satisfying
 the requirements of this Directive and the relevant
 implementing Directives, presents a hazard to safety
 or health, it may temporarily prohibit, or attach                                  Article 31
 special conditions to, the marketing and use of that
 product. It shall immediately inform the Commission
 and other Member States thereof, giving the reasons        Each Member State shall forward to the other
 for its decision.                                          Member States and to the Commission the list of
                                                            approved bodies, with addresses, referred to in
 2.    The Commission shall consult the Member              Articles 5, 13, 18 and 30, specifying the groups of
 States concerned within six weeks, then deliver its        products falling within their competence and the
 opinion without delay and take the appropriate             nature of the task assigned to them. It shall also
 measures.                                                  inform the other Member States and the Commission
                                                             of any subsequent change in this list.
 3.    If the Commission considers that amendments
 to the relevant implementing Directives are needed,
 such amendments shall be adopted in accordance
 with the procedure laid down in Article 28; in this
 event the Member State which took the safeguard                                    Article 32
 measures may retain them until these amendments
 come into force:
                                                            The approved bodies shall in all cases satisfy the
                                                            minimum criteria laid down in Annex VI without
                       CHAPTER IX                           prejudice to the competence of the Member States to
                     Special provisions                     take measures and lay down the conditions which
                                                             they consider necessary at a national level to ensure
                         Article 30                          the proper working of these bodies.
 1.    This Article shall apply to products within the
 scope of this Directive, as defined in Article 1, which    Satisfaction of these minimum criteria by a body shall
 are not yet the subject of an implementing Directive.       not oblige a Member State to approve this body.
 ---pagebreak--- 23.12. 78                            Official Journal of the European Communities                          No C 308/11
                          Article 33                            type-approval, EEC type-examination or EEC
                                                                self-certification should not carry either on the
1.    Member States shall ensure that the approved              products themselves or on their packaging or their
bodies carry out the tasks assigned to them correctly.          certificates of conformity or the accompanying
                                                                commercial documents any signs, marks or
                                                                inscriptions likely to create confusion with the EEC
To this end, they shall by appropriate measures
                                                                marks.
oblige the approved bodies to submit to inspection at
any time by the Member State which has appointed
them.                                                                                   Article 36
2.    A Member State may authorize a body which it              1.     The costs resulting from the operation of the
has approved, without thereby limiting this body's              EEC type-approval procedure or of the EEC
own responsibility, to entrust to one or more                   type-examination and the costs of EEC type
laboratories the execution of the tests to be carried           conformity checks with which these procedures are
out as part of the EEC type-examination. These                  linked shall be borne by the applicant.
laboratories shall satisfy the minimum criteria laid
down in Annex VI.
                                                                2.     These costs shall cover the expenses incurred by
                                                                the Member State and/or the approved body.
3.     If a Member State finds that a body which it
has appointed is not carrying out the tasks assigned
                                                                3.     The implementing Directives may lay down the
to it correctly, the Member State shall take all the
                                                                rules for the implementation of paragraph 2.
appropriate measures in respect of this body.
4.     In all cases   the Member State     shall withdraw                               Article 37
approval from a       body which it has    appointed if it
finds that this       body has ceased      to satisfy the        1.    Member Stares shall take all measures necessary
minimum criteria     laid down in Annex    VI.                  to ensure that the parties concerned may appeal
                                                                 against the decisions referred to in Articles 7, 10 to
5.     If a Member State does not withdraw approval              12, 15 to 17, 21, 26, 30, 33, 34 and 36 or against any
from a body which no longer satisfies the minimum               other decision taken in pursuance of this Directive
criteria, any other Member State may, without                   and of the implementing Directives.
prejudice to the provisions of the Treaty, bring the
matter before the Commission, which shall in                    2.     The reasons for any decisions by a Member
 consequence take all measures necessary.                       State shall be set out and the party concerned shall be
                                                                 notified as soon as possible of the decision and of the
                          Article 34                            means of appeal available in the Member State and
                                                                the period within which such appeals must be lodged.
 1.    The Member State which withdraws approval
from a body shall take all measures necessary to                                        Article 38
 ensure continuity in the implementation of the
obligations and duties which result from the                     1.    Member States shall bring into force the laws,
 attestations, certificates and reports drawn up by this        regulations or administrative provisions necessary to
 body before the withdrawal of approval.                        comply with this Directive within a period of 18
                                                                months from its notification and shall forthwith
2.     The Member State may annul attestations,                 inform the Commission thereof.
certificates and reports established by this body
before the withdrawal of the approval in so far as
they should not have been issued.                               2.     As soon as this Directive has been notified,
                                                                 Member States shall also ensure that the Commission
                                                                is informed, in sufficient time for it to submit its
                        CHAPTER XI                              comments, of any subsequent draft essential laws,
                                                                regulations or administrative provisions which they
                                                                intend to adopt within the field covered by this
               General and final provisions
                                                                 Directive.
                          Article 35
                                                                                        Article 39
 Member States shall take all measures necessary to
ensure that products which have not received EEC                 This Directive is addressed to the Member States.
 ---pagebreak--- No C 308/12                          Official Journal of the European Communities                           23, 12. 78
                                                         ANNEX 1
                                              CONSTRUCTION PRODUCTS
                                                        Description
           1. Construction products incorporated in buildings and civil engineering works are products, of
              which the use, working or installation or laying come under the economic activities listed in
              Class 50 of the 'General industrial classification of economic activities within the European
              Communities (NACE)' shown in the following table:
                      Cass
                       JO                                             Building and civil engineering
                                        Group
                                         500           Building and civil engineering (no specialization)
                                                       demolition
                                         501           Construction of buildings (residential and others)
                                         502           Civil engineering: construction of roads, bridges,
                                                       railways, etc.
                                         503           Installations -
                                         504          Fitting out and finishing
           2. Products suitable for use in a building or in civil engineering works which come within the
              scope of this Directive (see Article 1), and which may be the subject of implementing
              Directives, are:
              elements:
              e.g. prefabricated wall elements,
                   prefabricated roof elements;
              components:         '
              e.g. door components, including locks and ironmongery,
                   staircases;
              shaped materials:
              e.g. bridges, tiles, pipes and panels;
              amorphous materials:
              e.g. granular materials and paint;
              installations:
              e.g. waste disposal installations,
                   water supply system.
           3. The products listed in paragraph 2 of this Annex are given as examples. They do not
             constitute a definitive list.
 ---pagebreak--- 23. 12. 78                          Official Journal of the European Communities                         No C 308/13
                                                        ANNEX 7/
                          REQUIREMENTS RELATING TO CONSTRUCTION PRODUCTS
           1. Basic requirements for buildings and works
              In defining the requirements of specific users of buildings and, in some circumstances, of
              society in general, the following properties of buildings must be taken into account:
              — reliability,
               — safety,
               — hygiene,
               — comfort,
               — economy.
               In particular, these properties cover:
               — stability of the buildings and of its parts,
               — safety in the event of fire,
               — safety in the use of fitments and fixtures,
               — safety of traffic (on foot or mechanical),
               — security against intruders,
              — air purity,
               — potability of watei,
              — absence of any harmful materials with which the occupants might come into contact,
               — protection against insects and other pests,
               — absence of damp walls,
               — easy maintenance of the property, especially service areas,
               — feasibility of disinfection,
               — removal of rubbish,
               — acoustic comfort,
               — hygrothermic comfort,
               — durability,
               — performance/cost ratio,
               — maintenance and operational costs.
            2. Requirements relating to products
               The performance of the building as a whole can sometimes be used as a basis for calculating
               or forecasting the performance of elements and components which, in their turn, depend on
                the physical properties of their constituent materials. The main requirement for amorphous
                and shaped construction materials is that their properties must be known and their
                performances must remain stable within specified limits.
                Implementing Directives, by laying down methods of classification, testing and inspection,
                must enable the following objective to be attained: products must be so manufactured and
                dimensioned that they can be used for their intended purpose, that they are stable in use,
 ---pagebreak--- No C 308/14                        Official Journal of the European Communities                             23. 12. 78
              that their durability is reasonably predictable and that the proportion of defective products
              remains within acceptable limits.
              To this end:
              (a) the values for the properties of products which are characteristic of a group of products
                   and/or which indicate their suitability for use must be
                   — established by the manufacturer,
                   — freely available in the manufacturer's literature,
                   — indicated on the packaging, where possible;
              (b) EEC marks, together with the particulars on origin specified in the implementing
                   Directives, must appear on the products, on the packaging or on the accompanying
                   commercial documents.
           3. Requirements relating to the bringing into use of products
              The basic requirements relating to buildings and works can only be fulfilled if the products
              incorporated in them are used properly and correctly installed. To this end, implementing
              Directives must contain provisions ensuring that the manufacturer supplies adequate
              information to the designers, the constructors and the users on the optimum conditions of
              use.
 ---pagebreak---     •I
23.12.78                         Official Journal of the European Communities                              No C 308/15
                                                     ANNEX 7/7
                               EEC TYPE-APPROVAL AND TYPE-EXAMINATION
         1.     Applicant's obligation
         1.1.   The application shall be sent to the address (or, in the case of EEC type-examination, to
                one of the addresses) indicated by the Member State.
                The Member State to whom the application is addressed has the right to require that the
                application and the relevant correspondence be in its official language or languages. This
                also applies to all documents attached to the application.
         1.2.   The application shall be in two parts:
                — the administrative dossier,
                — the technical dossier.
         1.2.1. The administrative dossier shall comprise the following:
                — name, address and status of applicant (manufacturer, licenser or agent),
                — details of the person to whom correspondence must be addressed,
                — the implementing Directive invoked,
                — trade description(s) of the product,
                — a statement on the ownership of the manufacturing process (e.g. patents) which
                    enables the applicant to make the application,
                — a statement certifying that the applicant has not submitted the same application to
                    another country or approved body.
         1.2.2. The technical dossier shall comprise (in duplicate):
                — all the descriptive documents and drawings needed to understand the manufacturing
                    process for the product and the way in which it is used, and any documents required
                    by the implementing Directive,
                — documents relating to any national approval already given to the product,
                — EEC type-approval or type-examination certificates already granted for objects
                    incorporated in the product or EEC self-certification certificates,
                — the locations provided for affixing the mark in accordance with the latitude allowed
                    by the implementing Directive.
         2.     Obligations of the Member State or approved body
         2.1.   The applicant shall receive, within six weeks from the receipt of his application, noti-
                fication as to whether such application has been granted or refused.
          '     If it is granted, he shall be notified of the serial number, of the dossier's priority date
                and of the expected date of issue of the certificate.
                If it is refused, he shall be notified of the reasons for refusal, and, where applicable,
                of any items the submission of which might make the application acceptable.
         2.2.   The Member State or approved body shall, at the same time, send an estimate of the
                charge for its action.
 ---pagebreak--- No C 308/16                        Official Journal of the European Communities                               23.12. 78
           2.3.  The Member State or approved body shall initiate the examination of the application,
                 in accordance with the relevant implementing Directive.
           2.4.  If, within the period stated in paragraph 2.1 above, the examination has not been
                 completed, the applicant shall be entitled to request repayment of any fees and shall
                 be free to submit an application to another Member State or approved body.,
           3.     Certificates
           3.1.  The EEC type-approval and EEC type-examination certificates shall be drawn up in
                 accordance with the models in Annex IV.
           3.2.  The certificate shall state the conclusions of the EEC type-approval or type-examination
                 and shall indicate any conditions to which it may be subject. It shall be accompanied
                 by any descriptions and files needed to identify the type and may describe the method
                 of using the product.
           3.3.     (i) In the case of EEC type-approval, in each Member State, the EEC type-approval
                        numbers on the certificates shall be issued in series for each group of products.
                   (ii) In the case of EEC type-examination, for each approved body, the EEC
                        type-examination numbers on the certificates shall be issued in series for each group
                        of products.
                  (iii) Each Member State and approved body shall keep a register of certificates issued.
            3.4.  The EEC type-approval or type-examination certificate places an obligation on the
                  recipient to use the EEC marks and/or the certificates of conformity, the models of
                  which are reproduced in Annex V, in accordance with the provisions of the relevant
                  implementing Directives.
            4.    Publication of certificates
            4.1. At same time as the applicant is notified:
                  — in the case of EEC type-approval, copies of the certificate shall be sent by the
                       Member State in which it was issued to the other Member States and to the
                       Commission;
                 — in the case of EEC type-examination, the approved body granting the certificate shall
                       send a copy to the Member State by which it was designated; the Member State
                       concerned shall send copies of the certificates to the other Member States and to the
                       Commission.
                  In both cases, Member States shall, on request, be able to obtain a copy of the technical
                  dossier relating to the product and of the reports on the examinations and tests to which
                  it was submitted.
            4.2.   Lists of EEC type-approval and type-examination certificates shall be published
                  periodically in the Official Journal of the European Communities.
            4.3.  Any Member State which refuses an EEC type-approval certificate shall inform the other
                  Member States and the Commission of such refusal.
                  An approved body which refuses an EEC type-examination certificate shall inform the
                  Member State by which it was designated; the Member State concerned shall inform the
                  other Member States and the Commission of such refusal.
            4.4.  The suspension of an EEC type-approval or type-examination certificate shall be
                  published in accordance with the procedure laid down in 4.1.
                   Withdrawal shall be published in accordance with the procedure laid down in 4.1
                  and 4.2.
 ---pagebreak--- 23.12. 78                    Official Journal of the European Communities                              No C 308/17
             Suspension and withdrawal shall have the same effect on the use of EEC marks and/or
             certificates of conformity. However, in the case of suspension, the manufacturer may, if
             he corrects the faults which caused the suspension to be imposed, be granted a lifting of
             the suspension by the approved EEC inspection body.
             On the other hand, in the case of withdrawal, the manufacturer must, depending on the
             circumstances, either submit a new application for EEC type-approval to a Member State
             or submit a new application for EEC type-examination to an approved body.
          5. Modification of the trade description
             The Member State which has granted an EEC type-approval certificate, or the approved
             body which has granted an EEC type-examination certificate, must be informed by the
             recipient of any change in the trade description of the product concerned.
 ---pagebreak--- • No C 308/18                             Official Journal of the European Communities           23.12. 78
                                                             ANNEX IV
                             EEC TYPE-APPROVAL/TYPE-EXAMINATION (*) CERTIFICATE No
             Member State
             Name and address of Ministry/approved body (x)
             Implementing Directive                               Reference No
              Title
              Product
              1. Type
              2. Trade description(s)
              3. Name, title and address of applicant
              4. Documents attached to certificate
              5. Additional information
              EEC type-approval — EEC type-examination certificate
              6. granted on                                       under No
               7. Duration of validity
               Refusal of certificate
               8. Reasons for refusal
                   Done at                                         on
                                                                                     (Signature)
               (l) Delete if not applicable.
 ---pagebreak--- 23.12. 78                               Official Journal of the European Communities                   No C 308/19
                Suspension/Withdrawal (*) of an EEC type-approval/EEC type-examination (*) certificate
             I. Member State
            II. Name and address of Ministry/approved body (x)
          III. Implementing Directive                             Reference No
                Title
          IV. Product
                1. Type                                  ,
                2. Trade description (s)
                3. Name, title and address of holder
           V. Suspension/withdrawal (*) of an EEC type-approval/type-examination (*) certificate
                4. Certificate issued on                             Under No
                5. Effective date of suspension/withdrawal (*)
                6. Reasons for suspension/withdrawal (x)
                Done at                                         on
                                                                                  (Signature)
          (*) Delete if not applicable.
 ---pagebreak--- No C 308/20                           Official Journal of the European Communities                               23i 12. 78
                                                          ANNEX V
           EEC marks and certificates of conformity with
           — EEC type-approval
           — EEC type-examination
           — EEC self-certification
            Statement of EEC self-certiiication
            Each of these procedures:
            — EEC type-approval
            — EEC type-examination
            — EEC self-certification
            shall give the right to use a distinctive mark. This mark shall also appear on the certificate
            of conformity or on the documents which take its place in the case of EEC self-certification.
            1.    EEC type-approval mark and certificate of conformity
            1.1. EEC type-approval mark
                  There shall be two variants, according to whether type-approval is subject to EEC inspec-
                  tion or not:
                  First variant:
                  Type-approval subject to EEC inspection
                  The EEC mark shall comprise a stylized letter £ surrounded by a double hexagon, the
                  whole circumscribed by a circle (figure 1).
                  As indicated in the figure 1, it shall carry:
                  above:
                  the number given to the implementing Directive by the Commission in chronological
                  order of adoption:
                  below:
                  — the type-approval certificate's reference number,
                  — the initials of the Member State in which the type-approval certificate was granted,
                   — the last figures of the year of certification;
                   at the bottom:
                   the sign or registered mark of the approved inspection body.
                   Second variant:
                   Type-approval not subject to EEC inspection (figure 2)
                   The same mark shall be used, but without the circumscribing circle and the sign or registered
                   mark of the inspecting body.
             1.2. EEC type-approval certificate of conformity
                   The model certificate of conformity is reproduced hereafter.
                    This certificate shall bear the EEC mark relating to the EEC type-approval.
 ---pagebreak--- 23. 12. 78                           Official Journal of the European Communities                                No C 308/21
           2.   EEC type-examination mark and certificate of conformity
           2.1. As in the case of EEC type-approval, there shall be two variants according to whether
                the EEC type-examination is subject to EEC inspection or not.
                First variant:
                EEC type-examination with inspection
                The EEC mark shall comprise a stylized letter e surrounded by a hexagon, circumscribed
                by a circle (figure 3).
                The information within the hexagon shall be identical to that required for type-approval.
                In this case, however, the sign or registered mark of the approved body which issued
                the certificate of examination shall be reproduced in the upper part of the hexagon.
                Second variant:
                EEC type-examination without inspection (figure 4)
                In this case the circumscribing circle shall not be used. There shall be only the hexagon
                and within it the same information as in the first variant except as regards the sign or
                registered mark of the approved inspection body.
           2.2. EEC type-examination certificate of conformity
                The model EEC type-examination certificate of conformity shall be identical to that relating
                to EEC type-approval.
                The only change shall consist of replacing 'EEC type-approval' in the title and text
                with 'EEC type-examination'.
           3.   Statement of EEC self-certification
                The model EEC self-certification statement is given hereafter.
           4.   EEC self-certification mark and certificate of conformity
           4.1. EEC self-certification mark (figure 5)
                The EEC self-certification mark shall consist of a stylized letter e surrounded by a broken
                hexagon as shdwn in the figure 5.
                Within the hexagon, the reference number of the implementing Directive and the initials
                of the country of origin shall be indicated.
           4.2. Certificate of conformity
                 The self-certificate of conformity is given hereafter. The certificate shall bear the EEC mark
                 relating to the EEC self-certification. Where the special Directive provides for the certificate
                of conformity to be replaced by a statement of conformity on the accompanying business
                documents, the EEC self-certification mark shall be appended to these documents.
 ---pagebreak--- No C 308/22 Official Journal of the European Communities 23. 12.78
                                                           Figure 1
                                                           Figure 2
                                10
                          28B79
 ---pagebreak--- 23. 12. 78 Official Journal of the European Communities No C 308/23
                                                            Figure 3
                                                             Figure 4
 ---pagebreak--- No C 308/24       Official Journal of the European Communities      23. 12. 78
                                                                      Figure 5
                /                                              \
                             :::
            <£                                                 >
             V^
              \                                                 /
                                                                  /
 ---pagebreak--- 23. 12. 78                             Official Journal of the European Communities                        No C 308/25
                               EEC TYPE-APPROVAL CERTIFICATE OF CONFORMITY (x)
                            EEC TYPE-EXAMINATION CERTIFICATE OF CONFORMITY (*)
                                             The undersigned
                                             Acting as
               EEC MARK
                                             Company
                                             Address
           Certifies that the construction product of his manufacture
           type
           trade description
           is the subject of EEC approval No (J)
           EEC type-examination (*) and that it conforms to the provisions of the implementing Directive(s)
           relating to it as detailed below.
           Title
           Reference No
           Done at                                           on
                                                                                   (Signature)
            (l) Delete if not applicable.
 ---pagebreak--- N o C 308/26                               Official Journal of the European Communities                          23>. 12. 78
                                             EEC SELF-CERTIFICATION STATEMENT
            The undersigned
            Surname                                             Forenames
            Acting as
            Company
            Address
            declares that from                                   he will use the EEC certification mark and/or
            certificate of conformity for the construction product of his manufacture
            type
            trade description(s)
            conforming to the provisions of the implementing Directive(s)
            title
            reference No
            whose provisions he undertakes to abide by.
            Quality control for conformity will be provided by the company itself (x) by the specialist body (x)
            Name
            Address
            Done at                                  on
                                                                                       (Signature)
             (') Delete if not applicable.
 ---pagebreak--- 23.12. 78                       Official Journal of the European Communities                            No C 308/27
                                   EEC SELF-CERTIFICATE OF CONFORMITY
                                       The undersigned
            EEC MARK                   Surname                          Forenames.
                                       Acting as
                                       Company
          Certifies that the construction product of his manufacture
          type
          trade descriptions
          conforms to the provisions of the implementing Directive(s) relating to it as detailed below:
          Title
          Reference No
          Done at                                     on
                                                                                   (Signature)
 ---pagebreak--- No C 308/28                         Official Journal of ^:he European Communities                             23. 12. 78
                                                       ANNEX VI
           Minimum criteria to be taken into consideration by Member States when designating approved
                                                          bodies
            1. The approved bodies responsible for examining construction products with a view to the issue
               of the EEC type-examination certificate and the EEC type conformity inspection must have
               at their disposal the qualified staff and facilities necessary for the proper performance of
               the technical and administrative tasks connected with the issue of certificates and the
               execution of inspections. They must also have access to the plant required for any special
               examinations and inspections as provided for in the implementing Directives.
            2. The approved body, its director and its staff may not be a trade association, a manufacturer
               or his agent, a supplier, the entrepreneur, the contractor, the subcontractor or the leaser.
               They may not take part either directly, or in any other manner, in the design, manufacture,
               marketing, sale or maintenance of the product. This does not preclude the possibility of
               exchanges of technical information between the manufacturer and the approved body.
            3. The staff responsible for examining products in connection with a view to the issue of the EEC
               type-examination certificate and inspection must carry out these assignments with the highest
               degree of professional integrity and technical competence and must be free from all pressures
                and inducement, particularly of a financial nature, that might influence their judgement or
               the result of their work, especially from persons or groups of persons with an interest in
               the results of the examination.
            4. The staff responsible for examinations and inspections must have:
                — sound professional and technical training,
                — satisfactory knowledge of the requirements relating to the examinations and inspections
                    they carry out and adequate practical experience of this work,
                — necessary ability to prepare the records and the reports which are the outcome of their
                    work.
            5. The impartiality of staff responsible for inspection must be guaranteed. The remuneration
                for each agent must not depend on the number of inspections carried out nor on the results
                obtained.
            6. The approved body must take out a third party insurance policy unless civil liability is
                covered by the State in accordance with national law.
            7. The staff of the approved body shall be bound by professional secrecy regarding everything
                they learn in the exercise of their duties under this Directive, under the implementing
                measures or under any other provision of national law giving effect to them.