1999/89/EC: Commission Decision of 25 January 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards prefabricated stair kits (notified under document number C(1999) 113) (Text with EEA relevance)
L 29/34 EN Official Journal of the European Communities 3. 2. 1999 COMMISSION DECISION of 25 January 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards prefabricated stair kits (notified under document number C(1999) 113) (Text with EEA relevance) (1999/89/EC) and third possibilities of point (ii) of Section 2 of Annex III, 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 set out in Annex I The products shall have their conformity attested by a procedure whereby, in addition to a factory production control system operated by the manufacturer, an approved certification body is involved in assessment and surveillance of the production control or of the product itself. Article 2 in The procedure for attesting conformity as set out Annex II shall be indicated in mandates for guidelines for European technical approval. Article 3 This Decision is addressed to the Member States. Done at Brussels, 25 January 1999. For the Commission Martin BANGEMANN Member of the Commission 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 the laws, regula- tions and administrative provisions of the Member States relating to construction products (1), as amended by Directive 93/68/EEC (2), and in particular Article 13(4) thereof, Whereas the Commission is required to select, as between the two procedures pursuant to 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 respons- ibility 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 certi- fication body is therefore required; 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 III, 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 (1) OJ L 40, 11. 2. 1989, p. 12. (2) OJ L 220, 30. 8. 1993, p. 1. 3. 2. 1999 EN Official Journal of the European Communities L 29/35 ANNEX I Prefabricated stair kits (the complete stair placed on the market as a kit, incorporating prefabricated steps and other components) (1) — for use in dwellings and other buildings (1) Excluding monolithic concrete and steel stairs. Traditionally-made prefabricated stairs made of solid wood for use inside individual buildings are also excluded from this Decision. L 29/36 EN Official Journal of the European Communities 3. 2. 1999 ANNEX II ATTESTATION OF CONFORMITY Note: for kits having more than one of the intended uses specified in the following families, the tasks for the approved body, derived from the relevant systems of attestation of conformity, are cumulative. PRODUCT FAMILY PREFABRICATED STAIR KITS (1/2) 1. Systems of attestation of conformity For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant guideline for European technical approvals: Product(s) Intended use(s) Level(s) or class(es) Attestation of conformity system(s) Prefabricated stair kits for dwellings and other buildings — 2+ System 2+: See Directive 89/106/EEC, Annex III(2)(ii), First possibility, including certification of the factory production control by an approved body on the basis of initial inspection of factory and of factory production control as well as of continuous surveillance assessment and approval of factory production control. The specifications for the system should be such that it can be implemented even where performance does not need to be determined for a certain characteristic, because at least one Member State has no legal requirement at all for such characteristic (see Article 2. 1 of Directive 89/106/EEC and, where applicable, point 1. 2. 3. of the Interpretative Documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect. 3. 2. 1999 EN Official Journal of the European Communities L 29/37 PRODUCT FAMILY PREFABRICATED STAIR KITS (2/2) 1. Systems of attestation of conformity For the product(s) and intended use(s) listed below, EOTA is requested to specify the following system(s) of attestation of conformity in the relevant guideline for European technical approvals: Product(s) Intended use(s) Level(s) or class(es) Attestation of conformity system(s) Prefabricated stair kits for uses subject to reaction to fire regulations A (1), B (1), C (1) A (2), B (2), C (2) A (3), D, E, F 1 3 4 System 1: System 3: System 4: See Directive 89/106/EEC, Annex III(2)(i), without audit-testing of samples. See Directive 89/106/EEC, Annex III(2)(ii), Second possibility. See Directive 89/106/EEC, Annex III(2)(ii), Third possibility. (1) Materials for which the reaction to fire performance is susceptible to change during production (In general, those subject to chemical modification, e. g. fire retardants, or where changes of composition may lead to changes in reaction to fire performance). (2) Materials for which the reaction to fire performance is not susceptible to change during the production process. (3) Materials of class A that according to the Decision 96/603/EC do not require to be tested for reaction to fire. The specification for the system should be such that it can be implemented even where performance does not need to be determined for a certain characteristic, because at least one Member State has no legal requirement at all for such characteristic (see Article 2. 1 of Directive 89/106/EEC and, where applicable, point 1. 2. 3 of the Interpretative Documents). In those cases the verification of such a characteristic must not be imposed on the manufacturer if he does not wish to declare the performance of the product in that respect