The Construction Products Directive (Council Directive 89/106/EEC). CHAPTER X. Annexes
Updated: 2022-01-10
CHAPTER X: Final provisions
Article 22
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive within 30 months of its notification (1). They shall forthwith inform the Commission thereof.
(1)This Directive was notified to the Member States on 27 December 1988.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 23
At the latest by 31 December 1993, the Commission, in consultation with the committee referred to in Article 19, shall re-examine the practicability of the procedures laid down by this Directive and, where necessary, submit proposals for appropriate amendments.
Article 24
This Directive is addressed to the Member States.
Done at Brussels, 21 December 1988.
For the Council
The President
V. PAPANDREOU
ANNEX I: ESSENTIAL REQUIREMENTS
The products must be suitable for construction works which (as a whole and in their separate part s) are fit for their intended use, account being taken of economy, and in this connection satisfy the following essential requirements where the works are subject to regulations containing such requirements. Such requirements must, subject to normal maintenance, be satisfied for an economically reasonable working life. The requirements generally concern actions which are foreseeable.
Mechanical resistance and stability
The construction works must be designed and built in such a way that the loadings that are liable to act on it during its constructions and use will not lead to any of the following:
(a) collapse of the whole or part of the work;
(b) major deformations to an inadmissible degree;
(c) damage to other Parts of the works or to fittings or installed equipment as are result of major deformation of the load-bearing construction;
(d) damage by an event to an extent disproportionate to the original cause
Safety in case of fire
The construction works must be designed and built in such a way that in the event of an outbreak of fire:
- the load-bearing capacity of the construction can be assumed for a specific period of time,
- the generation and spread of fire and smoke within the works are limited.
- the spread of the fire to neighbouring construction works is limited,
- occupants can leave the works or be rescued by other means.
- the safety of rescue teams is taken into consideration.
Hygiene, health and the environment
The construction work, must be designed and built in such a way that it will not be a threat to the hygiene or health of the occupants or neighbours, in particular as a result of any of the following:
- the giving-off of toxic gas,
- the presence of dangerous particles or gases in the air.
- the emission of dangerous radiation
- pollution or poisoning of the water or soil,
- faulty elimination of waste water, smoke, solid or liquid wastes,
- the presence of damp in parts of the works or on surfaces within the works.
Safety in use
The construction work must be designed and built in such a way that it does not present unacceptable risks of accidents in service or in operation such as slipping. falling, collision, burns, electrocution, injury from explosion.
Protection against noise
The construction works must he designed and built in such a way that noise perceived by the occupants or people nearby is kept crown to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions.
Energy economy and heat retention
The construction works and its heating, cooling and ventilation installations must be designed and built in such a way that the amount of energy required in use shall be low, having regard to the climatic conditions of the location and the occupants.
ANNEX II: EUROPEAN TECHNICAL APPROVAL
A request for approval may be made by a manufacturer, or his agent established in the Community, only to a single body, authorized for this purpose
The approval bodies designated by the Member States form an organization. In the performance of its duties, this organization is obliged to work in close coordination with the Commission which shall consult the committee referred to in Article 19 of the Directive on important matters. Where a Member State has designated more than one approval body, the Member State shall be responsible for coordinating such bodies; it shall also designate the body which shall be spokesman in the organization.
The common procedural rules for making the request, the preparation and the granting of approvals are drawn up by the organization comprising the designated approval bodies. The common procedural rules are adopted by the Commission on the basis of the opinion of the committee in accordance with Article 20.
In the framework of the organization comprising them, the approval bodies shall afford each other all necessary support. This organization is also responsible for coordination on specific questions of technical approval. If necessary, the organization shall establish sub-groups for this purpose.
The European technical approvals are published by the approval bodies, which notify all other approved bodies. At the request of an authorized approval body, a complete set of supporting documents for an approval which has been granted is to be forwarded to the latter for information.
The costs arising from the European technical approval procedure shall be paid by the applicant in accordance with national rules.
ANNEX III: ATTESTATION OF CONFORMITY WITH TECHNICAL SPECIFICATIONS
METHODS OF CONTROL OF CONFORMITY
When the procedures for attestation of conformity of a product with technical specifications pursuant to article 13 are being determined, the following methods of control of conformity shall be used; the choice and combination of methods for any given system shall depend on requirements for the particular product or group of products according to the criteria indicated in Article 13 (3) and (4):
(a) initial type-testing of the product by. the manufacturer or an approved body ;
(b) testing of samples taken at the factory in accordance with a prescribed test plan by the manufacturer or an approved body;
(c) audit-testing of samples taken at the factory, on the open market or on a construction site by the manufacturer or an approved body;
(d) testing of samples from a batch which is ready for delivery, or has been delivered, by the manufacturer or an approved body;
(e) factory production control; (f) initial inspection of factory and of factory production control by an approved body;
(g) continuous surveillance, judgement and assessment of factory production control by an approved body.
In the Directive, factory production control means the permanent internal control of production exercised by the manufacturer. All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic manner in the form of written policies and procedures. This production control system documentation shall ensure a common understanding of quality assurance and enable the achievement of the required product characteristics and the effective operation of the production control system to be checked.
SYSTEMS OF CONFORMITY ATTESTATION
Preference is given to application of the following systems of conformity attestation.
(i) Certification of the conformity of the product by an approved certification body on the basis of:
(a) (tasks for the manufacturer)
(1) factory production control;
(2) further testing of samples taken at the factory by the manufacturer in accordance with a prescribed test plan;
(b) (tasks for the approved body)
(3) initial type-testing of the product;
(4) initial inspection of factory and of factory production control;
(5) continuous surveillance, assessment and approval of factory production control;
(6) possibly, audit-testing of samples taken at the factory, on the market or on the construction site.
(ii) Declaration of conformity of the product by the manufacturer on the basis of:
First possibility:
(a) (Tasks for the manufacturer)
(1) initial type-testing of the product;
(2) factory production control;
(3) possibly, testing of samples taken at the factory in accordance with a prescribed test plan;
(b) (tasks for the approved body)
(4) certification of factory production control on the basis of:
- initial inspection of factory and of factory production control,
- possibly, continuous surveillance, assessment and approval of factory production control.
Second possibility:
(1) initial type-testing of the product by an approved laboratory ;
(2) factory production control.
Third possibility:
(a) initial type-testing by the manufacturer;
(b) factory production control.
BODIES INVOLVED IN THE ATTESTATION OF CONFORMITY
With respect to the function of the bodies involved in the attestation of conformity, distinction shall be made between
(i) certification body, which means an impartial body, governmental or non-governmental, possessing the necessary competence and responsibility to carry out conformity certification according to given rules of procedure and management;
(ii) inspection body, which means an impartial body having the organization, staffing, competence and integrity to perform according to specified criteria functions such as assessing, recommending for acceptance and subsequent audit of manufacturers' quality control operations, and selection and evaluation of products on site or in factories or elsewhere, according to specific criteria;
(iii) testing laboratory, which means a laboratory which measures, examines ,tests, calibrates or otherwise determines the characteristics or performance of materials or produces.
In case (i) and (ii) (first possibility) of paragraph 2, the three functions 3 (i) to (iii) may be performed by one and the same body or by different bodies, in which case the inspection body and /or the testing laboratory involved in the attestation of conformity carries our its function on behalf of the certification body.
For the criteria concerning the competence, impartiality and integrity of certification bodies, inspection bodies and testing laboratories, sec Annex 1V.
CE CONFORMITY MARKING, EC CERTIFICATE OF CONFORMITY, EC DECLARATION OF CONFORMITY
4.1. CE conformity marking
- The CE conformity marking shall consist of the initials "CE " taking the following form:
- If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
- The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.
- The CE marking shall be followed by the identification number of the body involved in the production control stage.
Additional information
- The CE marking shall be accompanied by the name or identifying mark of the producer, the last two digits of the year in which the marking was affixed, and where appropriate, the number of the EC certificate of conformity and, where appropriate, indications to identify the characteristics of the product on the basis of the technical specifications.
4.2. EC certificate of conformity
The EC certificate of conformity shall contain in particular
- name and address of the certification body
- name and address of the manufacturer or his agent established in the Community
- description of the product (type, identification, use...)
- provisions to which the product conforms,
- particular conditions applicable to the use of the product,
- the certificate's number,
- conditions and period of validity of the certificate, where applicable,
- name of, and position held by, the person empowered to sign the certificate.
4.3. EC declaration of conformity
The EC declaration of conformity shall contain in particular:
- name and address of the manufacturer or his agent established in the Community,
- description of the product (type, identification, use ...),
- provision to which the product conforms,
- particular conditions applicable to the use of the product,
- name and address of the approved body, where applicable,
- name of, and position held by, the person empowered to sign the declaration on behalf of - the manufacturer or of his authorized representative.
4.4. The certificate and declaration of conformity shall be presented in the official language or languages of the Member State in which the product is to be used
ANNEX IV: APPROVAL OF TESTING LABORATORIES, INSPECTION BODIES AND CERTIFICATION BODIES
The testing laboratories, the inspection bodies and the certification bodies designated by the Member States must fulfil the following minimum conditions:
Availability of personnel and of the necessary means and equipment;
Technical competence and professional integrity of personnel;
Impartiality, in carrying out the tests, preparing the reports, issuing the certificates and performing the surveillance provided for in the Directive, of staff and technical personnel in relation to all circles, groups or persons directly or indirectly concerned with construction products;
Maintenance of professional secrecy by personnel:
Subscription of a civil liability insurance unless that liability is covered by the State under national law Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent authorities of Member States.
Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent authorities of Member States.
Article 22
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive within 30 months of its notification (1). They shall forthwith inform the Commission thereof.
(1)This Directive was notified to the Member States on 27 December 1988.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 23
At the latest by 31 December 1993, the Commission, in consultation with the committee referred to in Article 19, shall re-examine the practicability of the procedures laid down by this Directive and, where necessary, submit proposals for appropriate amendments.
Article 24
This Directive is addressed to the Member States.
Done at Brussels, 21 December 1988.
For the Council
The President
V. PAPANDREOU
ANNEX I: ESSENTIAL REQUIREMENTS
The products must be suitable for construction works which (as a whole and in their separate part s) are fit for their intended use, account being taken of economy, and in this connection satisfy the following essential requirements where the works are subject to regulations containing such requirements. Such requirements must, subject to normal maintenance, be satisfied for an economically reasonable working life. The requirements generally concern actions which are foreseeable.
Mechanical resistance and stability
The construction works must be designed and built in such a way that the loadings that are liable to act on it during its constructions and use will not lead to any of the following:
(a) collapse of the whole or part of the work;
(b) major deformations to an inadmissible degree;
(c) damage to other Parts of the works or to fittings or installed equipment as are result of major deformation of the load-bearing construction;
(d) damage by an event to an extent disproportionate to the original cause
Safety in case of fire
The construction works must be designed and built in such a way that in the event of an outbreak of fire:
- the load-bearing capacity of the construction can be assumed for a specific period of time,
- the generation and spread of fire and smoke within the works are limited.
- the spread of the fire to neighbouring construction works is limited,
- occupants can leave the works or be rescued by other means.
- the safety of rescue teams is taken into consideration.
Hygiene, health and the environment
The construction work, must be designed and built in such a way that it will not be a threat to the hygiene or health of the occupants or neighbours, in particular as a result of any of the following:
- the giving-off of toxic gas,
- the presence of dangerous particles or gases in the air.
- the emission of dangerous radiation
- pollution or poisoning of the water or soil,
- faulty elimination of waste water, smoke, solid or liquid wastes,
- the presence of damp in parts of the works or on surfaces within the works.
Safety in use
The construction work must be designed and built in such a way that it does not present unacceptable risks of accidents in service or in operation such as slipping. falling, collision, burns, electrocution, injury from explosion.
Protection against noise
The construction works must he designed and built in such a way that noise perceived by the occupants or people nearby is kept crown to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions.
Energy economy and heat retention
The construction works and its heating, cooling and ventilation installations must be designed and built in such a way that the amount of energy required in use shall be low, having regard to the climatic conditions of the location and the occupants.
ANNEX II: EUROPEAN TECHNICAL APPROVAL
A request for approval may be made by a manufacturer, or his agent established in the Community, only to a single body, authorized for this purpose
The approval bodies designated by the Member States form an organization. In the performance of its duties, this organization is obliged to work in close coordination with the Commission which shall consult the committee referred to in Article 19 of the Directive on important matters. Where a Member State has designated more than one approval body, the Member State shall be responsible for coordinating such bodies; it shall also designate the body which shall be spokesman in the organization.
The common procedural rules for making the request, the preparation and the granting of approvals are drawn up by the organization comprising the designated approval bodies. The common procedural rules are adopted by the Commission on the basis of the opinion of the committee in accordance with Article 20.
In the framework of the organization comprising them, the approval bodies shall afford each other all necessary support. This organization is also responsible for coordination on specific questions of technical approval. If necessary, the organization shall establish sub-groups for this purpose.
The European technical approvals are published by the approval bodies, which notify all other approved bodies. At the request of an authorized approval body, a complete set of supporting documents for an approval which has been granted is to be forwarded to the latter for information.
The costs arising from the European technical approval procedure shall be paid by the applicant in accordance with national rules.
ANNEX III: ATTESTATION OF CONFORMITY WITH TECHNICAL SPECIFICATIONS
METHODS OF CONTROL OF CONFORMITY
When the procedures for attestation of conformity of a product with technical specifications pursuant to article 13 are being determined, the following methods of control of conformity shall be used; the choice and combination of methods for any given system shall depend on requirements for the particular product or group of products according to the criteria indicated in Article 13 (3) and (4):
(a) initial type-testing of the product by. the manufacturer or an approved body ;
(b) testing of samples taken at the factory in accordance with a prescribed test plan by the manufacturer or an approved body;
(c) audit-testing of samples taken at the factory, on the open market or on a construction site by the manufacturer or an approved body;
(d) testing of samples from a batch which is ready for delivery, or has been delivered, by the manufacturer or an approved body;
(e) factory production control; (f) initial inspection of factory and of factory production control by an approved body;
(g) continuous surveillance, judgement and assessment of factory production control by an approved body.
In the Directive, factory production control means the permanent internal control of production exercised by the manufacturer. All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic manner in the form of written policies and procedures. This production control system documentation shall ensure a common understanding of quality assurance and enable the achievement of the required product characteristics and the effective operation of the production control system to be checked.
SYSTEMS OF CONFORMITY ATTESTATION
Preference is given to application of the following systems of conformity attestation.
(i) Certification of the conformity of the product by an approved certification body on the basis of:
(a) (tasks for the manufacturer)
(1) factory production control;
(2) further testing of samples taken at the factory by the manufacturer in accordance with a prescribed test plan;
(b) (tasks for the approved body)
(3) initial type-testing of the product;
(4) initial inspection of factory and of factory production control;
(5) continuous surveillance, assessment and approval of factory production control;
(6) possibly, audit-testing of samples taken at the factory, on the market or on the construction site.
(ii) Declaration of conformity of the product by the manufacturer on the basis of:
First possibility:
(a) (Tasks for the manufacturer)
(1) initial type-testing of the product;
(2) factory production control;
(3) possibly, testing of samples taken at the factory in accordance with a prescribed test plan;
(b) (tasks for the approved body)
(4) certification of factory production control on the basis of:
- initial inspection of factory and of factory production control,
- possibly, continuous surveillance, assessment and approval of factory production control.
Second possibility:
(1) initial type-testing of the product by an approved laboratory ;
(2) factory production control.
Third possibility:
(a) initial type-testing by the manufacturer;
(b) factory production control.
BODIES INVOLVED IN THE ATTESTATION OF CONFORMITY
With respect to the function of the bodies involved in the attestation of conformity, distinction shall be made between
(i) certification body, which means an impartial body, governmental or non-governmental, possessing the necessary competence and responsibility to carry out conformity certification according to given rules of procedure and management;
(ii) inspection body, which means an impartial body having the organization, staffing, competence and integrity to perform according to specified criteria functions such as assessing, recommending for acceptance and subsequent audit of manufacturers' quality control operations, and selection and evaluation of products on site or in factories or elsewhere, according to specific criteria;
(iii) testing laboratory, which means a laboratory which measures, examines ,tests, calibrates or otherwise determines the characteristics or performance of materials or produces.
In case (i) and (ii) (first possibility) of paragraph 2, the three functions 3 (i) to (iii) may be performed by one and the same body or by different bodies, in which case the inspection body and /or the testing laboratory involved in the attestation of conformity carries our its function on behalf of the certification body.
For the criteria concerning the competence, impartiality and integrity of certification bodies, inspection bodies and testing laboratories, sec Annex 1V.
CE CONFORMITY MARKING, EC CERTIFICATE OF CONFORMITY, EC DECLARATION OF CONFORMITY
4.1. CE conformity marking
- The CE conformity marking shall consist of the initials "CE " taking the following form:
- If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
- The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.
- The CE marking shall be followed by the identification number of the body involved in the production control stage.
Additional information
- The CE marking shall be accompanied by the name or identifying mark of the producer, the last two digits of the year in which the marking was affixed, and where appropriate, the number of the EC certificate of conformity and, where appropriate, indications to identify the characteristics of the product on the basis of the technical specifications.
4.2. EC certificate of conformity
The EC certificate of conformity shall contain in particular
- name and address of the certification body
- name and address of the manufacturer or his agent established in the Community
- description of the product (type, identification, use...)
- provisions to which the product conforms,
- particular conditions applicable to the use of the product,
- the certificate's number,
- conditions and period of validity of the certificate, where applicable,
- name of, and position held by, the person empowered to sign the certificate.
4.3. EC declaration of conformity
The EC declaration of conformity shall contain in particular:
- name and address of the manufacturer or his agent established in the Community,
- description of the product (type, identification, use ...),
- provision to which the product conforms,
- particular conditions applicable to the use of the product,
- name and address of the approved body, where applicable,
- name of, and position held by, the person empowered to sign the declaration on behalf of - the manufacturer or of his authorized representative.
4.4. The certificate and declaration of conformity shall be presented in the official language or languages of the Member State in which the product is to be used
ANNEX IV: APPROVAL OF TESTING LABORATORIES, INSPECTION BODIES AND CERTIFICATION BODIES
The testing laboratories, the inspection bodies and the certification bodies designated by the Member States must fulfil the following minimum conditions:
Availability of personnel and of the necessary means and equipment;
Technical competence and professional integrity of personnel;
Impartiality, in carrying out the tests, preparing the reports, issuing the certificates and performing the surveillance provided for in the Directive, of staff and technical personnel in relation to all circles, groups or persons directly or indirectly concerned with construction products;
Maintenance of professional secrecy by personnel:
Subscription of a civil liability insurance unless that liability is covered by the State under national law Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent authorities of Member States.
Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent authorities of Member States.
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