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The Construction Products Directive (Council Directive 89/106/EEC). CHAPTER V

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The Construction Products Directive (Council Directive 89/106/EEC). CHAPTER V
Print 2007-05-03 13:57  

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CHAPTER V: Attestation of conformity

Article 13

The manufacturer, or his agent established in the Community, shall be responsible for the attestation that products are in conformity with the requirements of a technical specification within the meaning of Article 4.

Products that are the subject of an attestation of conformity shall benefit from the presumption of conformity, with technical specifications within the meaning of Article 4. Conformity shall he established by means of testing or other evidence on the basis of the technical specifications in accordance with Annex III.

The attestation of conformity of a product is dependent on:
(a) the manufacturer having a factory production control system to ensure that production conforms with the relevant technical specifications; or
(b) for particular products indicated in the relevant technical specifications, in addition to a factory production control system, an approved certification body being involved in assessment and surveillance of the production control or of the product itself.

The choice of the procedure within the meaning of paragraph 3 for a given product or family of products shall be specified by the Commission. after consultation of the committee referred to in Article 19, according to:
(a) the importance of the part played by the product with respect to the essential requirements, in particular those relating to health and safety .
(b) the nature of the product;
(c) the effect of the variability of the product's characteristics on its serviceability;
(d) the susceptibility to defects in the product manufacture;
in accordance with the particulars set out in Annex III.
in each case, the least onerous possible procedure consistent with safety shall be chosen.
The procedure thus determined shall be indicated in the mandates and in the technical specifications or in the publication thereof.

In the case of individual (and non-series) production, a declaration of conformity in accordance with Annex III (2) (ii), third possibility,, shall suffice, unless otherwise provided by the technical specifications for products which have particularly important implications for health and safety.

Article 14

In accordance with Annex III, the procedures described shall lead:
(a) in the case of Article 13 (3) (a), to the production of a declaration of conformity. for a product by the manufacturer, or his agent established in the Community; or
(b) in the case of Article 13 (3) (b), to the issue by an approved certification body of a certificate of conformity for a system of production control and surveillance or for the product itself.
Detailed rules for the implementation of the procedures of attestation of conformity, are given in Annex III.

The manufacturer's declaration of conformity or the certificate of conformity shall entitle the manufacturer, or his agent established in the Community, to affix the corresponding CE Marking on the product itself, on a label attached to it, on its packaging or on the accompanying commercial documents. The model of the CE Marking and the rules for its use in respect of each of the procedures of attestation of conformity are given in Annex III.

Article 15

Member States shall ensure that the CE Marking is correctly used.

Without prejudice to Article 21:
(a) where a Member State establishes that the CE marking has been affixed unduly, the manufacturer or his agent established within the Community shall be obliged to make the product conform as regards the provisions concerning the CE marking and to end the infringement under conditions imposed by the Member State;
(b) where non-conformity continues, the Member State must take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in Article 21.

Member States shall take the measures necessary to prohibit the affixing to products or their packaging of markings which are likely to deceive third parties as to the meaning and form of the CE marking. Any other marking may be affixed to the construction products on a label fixed to the product packaging or on the accompanying commercial documents provided that the visibility and legibility of the CE marking is not thereby reduced.


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