1999/472/EC: Commission Decision of 1 July 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards pipes, tanks and ancillaries not in contact with water intended for human consumption (notified under document number C(1999) 1482) (Text with EEA relevance)
L 184/42 EN Official Journal of the European Communities 17. 7. 1999 COMMISSION DECISION of 1 July 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards pipes, tanks and ancillaries not in contact with water intended for human consumption (notified under document number C(1999) 1482) (Text with EEA relevance) (1999/472/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 the Member States relating to administrative provisions of by Directive as construction 93/68/EEC (2), and in particular Article 13(4) thereof, products (1), amended (1) 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 prod- ucts, the existence of a factory-production control system under the responsability of the manufacturer is a necessary and sufficient condition for an attestation of conformity, or whether, for reasons related to compli- ance with the criteria mentioned in Article 13(4), the intervention of an approved certification body is required; (2) Whereas Article 13(4) requires that the procedure thus determined must be indicated in the mandates and in the technical specifications; whereas, is desirable to define the concept of products or family of products as used in the mandates and in the technical specifications; therefore, it be implemented, by reference to Annex III, for each product or family of products, since Annex III gives preference to certain systems; (4) Whereas the procedure referred to in point (a) of Article 13(3) corresponds to the systems set out in the first possibility, without continuous surveillance, and the second 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; (5) Whereas the measures provided for in this Decision are the Standing in accordance with the opinion of Committee on Construction, HAS ADOPTED THIS DECISION: Article 1 The products and families of products set out in Annex I shall have their conformity attested by a procedure whereby the sole responsability a factory manufacturer has under production control system ensuring that the product is in conformity with the relevant technical specifications. its (3) 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 (1) OJ L 40, 11. 2. 1989, p. 12. (2) OJ L 220, 30. 8. 1993, p. 1. The products set out in Annex II 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 17. 7. 1999 EN Official Journal of the European Communities L 184/43 The procedure for attesting conformity as set out in Annex III shall be indicated in mandates for harmonised standards. Article 3 This Decision is addressed to the Member States. Article 4 Done at Brussels, 1 July 1999. For the Commission Karel VAN MIERT Member of the Commission L 184/44 EN Official Journal of the European Communities 17. 7. 1999 ANNEX I Piping kits, pipes, tanks, leakage alarm systems, overfill prevention devices, fittings, adhesives, joints, joint sealings, gaskets, ducts and conduits for protection, pipe/duct supports, valves and taps, safety ancillaries For use in installations for the transport/distribution/storage of gas/fuel intended for the supply of building heating/ cooling systems, from the external storage reservoir or the last pressure reduction unit of the network to the inlet of the heating/cooling systems of the building, and in installations for the transport/disposal/storage of water not intended for human consumption, and for heating systems, other than those specified in Annex II. ANNEX II Tanks, ducts and conduits for protection in installations for the transport/distribution/storage of For use in areas subject to resistance to fire regulations, gas/fuel intended for the supply of building heating/cooling systems, from the external storage reservoir or the last pressure reduction unit of the network to the inlet of the heating/cooling systems of the building. Piping kits, pipes, tanks, leakage alarm systems, overfill prevention devices, fittings, adhesives, joints, joint sealings, gaskets, ducts and conduits for protection, pipe/duct supports, valves and taps, safety ancillaries For use in areas subject to reaction to fire regulations, in installations for the transport/distribution/storage of gas/fuel intended for the supply of building heating/cooling systems, from the external storage reservoir or the last pressure reduction unit of the network to the inlet of the heating/cooling systems of the building, and in installations for the transport/disposal/storage of water not intended for human consumption for products for which the reaction to fire class is A (1), B (1) or C (1). (1) Materials for which the reaction to fire performance is susceptible to change during production (In general, to chemical modification, e. g. fire retardants, or where changes of composition may lead to changes in reaction to fire performance). those subject 17. 7. 1999 EN Official Journal of the European Communities L 184/45 ANNEX II Note: for products 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 PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP- TION (1/5) Systems of attestation of conformity For the product(s) and intended use(s) listed below, CEN/Cenelec are requested to specify the following system(s) of attestation of conformity in the relevant harmonised standard(s): Product(s) Intended use(s) — Piping kits — Pipes — Tanks — leakage alarm systems and overfill prevention devices — Fittings, ahesives, joints, joint sealings and gaskets and — Ducts conduits for of heating/cooling in installations for the transport/ distribution/storage gas/fuel intended for the supply of buil- ding systems, from the external storage reservoir or the last pressure reduction unit of the network to the inlet of the heating/cooling systems of the building Level(s) or class(es) (Reaction to fire) Attestation of conformity system(s) — 3 protection — Pipe/duct supports — Valves and taps — Safety ancillaries System 3: See Directive 89/106/EEC, Annex III(2)(ii), second possibility. 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 a characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, point 1. 2. 3 of the Interpretative Docu- ments). 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. L 184/46 EN Official Journal of the European Communities 17. 7. 1999 PRODUCT FAMILY PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP- TION (2/5) Systems of attestation of conformity For the product(s) and intended use(s) listed below, CEN/Cenelec are requested to specify the following system(s) of attestation of conformity in the relevant harmonised standard(s): Level(s) or class(es) (Reaction to fire) Attestation of conformity system(s) — 4 Product(s) Intended use(s) in installations for the transport/ disposal/storage of water not intended for human consumption — Piping kits — Pipes — Tanks — Leakage alarm systems and overfill prevention devices — Fittings, adhesives, joints, joint sealings and gaskets — Ducts and conduits for protection — Pipe/duct supports — Valves and taps — Safety ancillaries System 4: See Directive 89/106/EEC, Annex III. 2(ii), third possibility. 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 a characteristic (see Article 2(1) of Directive 89/160/EEC and where applicable, clause 1. 2. 3 of the Interpretative Docu- ments). 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. 17. 7. 1999 EN Official Journal of the European Communities L 184/47 PRODUCT FAMILY PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP- TION (3/5) Systems of attestation of conformity For the product(s) and intended use(s) listed below, CEN/Cenelec are requested to specify the following system(s) of attestation of conformity in the relevant harmonised standard(s): Level(s) or class(es) (Fire resistance) Attestation of conformity system(s) any 1 Product(s) Intended use(s) — Tanks — Ducts and conduits for protection the in installations in areas subject to resistance to fire regulations, used transport/distribution/ for storage of gas/fuel intended for the supply of building heating/ colling systems, from the external storage reservoir or the last pres- sure reduction unit of the network to the inlet of the heating/cooling systems of the building System 1: See Directive 89/106/EEC, Annex III(2)(I), without audit-testing of samples. 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 a characteristic (see Article 2(1) of Directive 89/160/EEC and where applicable, clause 1. 2. 3 of the Interpretative Docu- ments). 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. L 184/48 EN Official Journal of the European Communities 17. 7. 1999 PRODUCT FAMILY PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP- TION (4/5) Systems of attestation of conformity For the product(s) and intended use(s) listed below, CEN/Cenelec are requested to specify the following system(s) of attestation of conformity in the relevant harmonised standard(s): Product(s) Intended use(s) Level(s) or class(es) (Reaction to fire) Attestation of conformity system(s) — Piping kits — Pipes — Tanks — Leakage alarm systems and overfill prevention devices — Fittings, adhesives, joints, joint sealings and gaskets — Ducts and conduits for protection — Pipe/duct supports — Valves and taps — Safety ancillaries any the in installations in areas subject to reaction to fire regulations, used transport/distribution/ for storage of gas/fuel intended for the supply of buidling heating/ cooling systems, from the external storage reservoir or the last pres- sure reduction unit of the network to the inlet of the heating/cooling systems of the building in installations in areas subject to reaction to fire regulations, used for the transport/disposal/storage of water not intended for human consumption A (1), B (1), C (1) A (2), B (2), C (2) A (3), D, E, F 1 1 3 4 System 1: See Directive 89/106/EEC, Annex II(2)(I), without audit-testing of samples. System 3: See Directive 89/106/EEC, Annex III(2)(ii), second possibility. System 4: 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, for example 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 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 a characteristic (see Article 2(1) of Directive 89/160/EEC and where applicable, clause 1. 2. 3 of the Interpretative Docu- ments). 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. 17. 7. 1999 EN Official Journal of the European Communities L 184/49 PRODUCT FAMILY PIPES, TANKS AND ANCILLARIES NOT IN CONTACT WITH WATER INTENDED FOR HUMAN CONSUMP- TION (5/5) Systems of attestation of conformity For the product(s) and intended use(s) listed below, CEN/Cenelec are requested to specify the following system(s) of attestation of conformity in the relevant harmonised standard(s): Level(s) or class(es) (Reaction to fire) Attestation of conformity system(s) — 3 Product(s) Intended use(s) in installations subject to regula- tion on energy conservation, used for the transport/disposal/storage of water not intended for human consumption, and for heating systems — Piping kits — Pipes — Tanks — Leakage alarm systems and overfill prevention devices — Fittings, adhesives, joints, joint sealings and gaskets — Ducts and conduits for protection — Pipe/duct supports — Valves and taps — Safety ancillaries System 3: See Directive 89/106/EEC, Annex III(2)(ii), second possibility. 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 a characteristic (see Article 2(1) of Directive 89/160/EEC and where applicable, clause 1. 2. 3 of the Interpretative Docu- ments). 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