25.7.97 Official Journal of the European Communities No L 198/31 COMMISSION DECISION of 27 June 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council Directive 89/106/EEC as regards plastic anchors for use in concrete and masonry (Text with EEA relevance) (97/463/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States re- lating to construction products ('), as amended by Dir- ective 93/68/EEC (%), and in particular Article 13 (4) thereof, Whereas the Commission is required to select, as between the two procedures under Article 13 (3) of Directive 89/106/EEC for attesting the conformity of a product, the ‘least onerous possible procedure consistent with safety’; whereas this means that it is necessary to decide whether, for a given product or family of products, the existence of a factory production control system under the responsib- ility of the manufacturer is a necessary and sufficient condition for an attestation of conformity, or whether, for reasons related to compliance with the criteria mentioned in Article 13 (4), the intervention of an approved certifica- tion body is required for that purpose; Whereas Article 13 (4) requires that the procedure thus determined must be indicated in the mandates and in the technical specifications; whereas, therefore, it is desirable to define the concept of products or family of products as used in the mandates and in the technical specifications; Whereas the two procedures provided for in Article 13 (3) are described in detail in Annex III to Directive 89/106/EEC; whereas it is necessary therefore to specify clearly the methods by which the two procedures must be implemented, by reference to Annex 1], for each product or family of products, since Annex III gives preference to certain systems; Whereas the procedure referred to in point (a) of Article 13 (3) corresponds to the systems set out in the first poss- ibility, without continuous surveillance, and the second and third possibilities of point (ii) of Section 2 of Annex () OJ No L 40, 11. 2. 1989, p. 12. () O] No L 220, 30. 8. 1993, p. 1. II1, and the procedure referred to in point (b) of Article 13 (3) corresponds to the systems set out in point (i) of Section 2 of Annex III, and in the first possibility, with continuous surveillance, of point (ii) of Section 2 of Annex III; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Construction, HAS ADOPTED THIS DECISION: Article 1 The products set out in Annex I shall have their con- formity attested by a procedure whereby, in addition to a factory production control system operated by the manu- facturer, an approved certification body is involved in assessment and surveillance of the production control or of the product itself. Article 2 The procedure for attesting conformity as set out in Annex II shall be indicated in mandates for guidelines for European technical approvals. Article 3 This Decision is addressed to the Member States. Done at Brussels, 27 June 1997. For the Commission Martin BANGEMANN Member of the Commission