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OJ L 40, Chapter 13 Volume P. No longer in force, Date of end of validity: Chapter 13 Volume 17 P. Having regard to the Treaty establishing the European Economic Community, and in particular Article a thereof. Whereas Member States are responsible for ensuring that building and civil engineering works on their territory are designed and executed in a way that does not endanger the safety of persons, domestic animals and property, while respecting other essential requirements in the interests of general well-being.
Whereas Member States have provisions, including requirements, relating not only to building safety but also to health, durability, energy economy, protection of the environment, aspects of economy, and other aspects important in the public interest.
Whereas these requirements, which are often the subject of national provisions laid down by law, regulation or administrative action, have a direct influence on the nature of construction products employed and are reflected in national product standards, technical approvals and other technical specifications and provisions which, by their disparity, hinder trade within the Community.
Whereas paragraph 71 of the White Paper on completing the internal market, approved by the European Council in Junestates that, within the general policy, particular emphasis will be placed on certain sectors, including construction; whereas the removal of technical barriers in the construction field, to the extent that they cannot be removed by mutual recognition of equivalence among all the Member States, should follow the new approach set out in the Council resolution of 7 May 4 which calls for the definition of essential requirements on safety and other aspects which are important for the general well-being, without reducing the existing and justified levels of protection in the Member States.
Whereas the essential requirements constitute both the general and specific criteria with which construction works must comply; whereas such requirements are to be understood as requiring that the said works conform with an appropriate degree of reliability with one, some or all of these requirements when and where this is laid down in regulations.
Whereas, as a basis for the harmonized standards or other technical specifications at European level and for the drawing up or granting of European technical approval, interpretative documents will be established in order to give concrete form to the essential requirements at a technical level. Whereas the special nature of construction products requires the precise formulation of these harmonized standards; whereas it is therefore necessary to draw up interpretative documents in order to establish links between mandates for standards and the essential requirements; whereas harmonized standards, expressed as far as possible in terms.
Whereas performance levels and requirements to be fulfilled by products in future in the Member States shall be laid down in classes in the interpretative documents and in the harmonized technical specifications in order to take account of different levels of essential requirements for certain works and of different conditions prevailing in the Member States.
Whereas harmonized standards should include classifications that allow construction products which meet the essential requirements and which are produced and used lawfully in accordance with technical traditions warranted by local climatological and other conditions to continue to be placed on the market.
Whereas a product is presumed fit for use if it conforms to a harmonized standard, a European technical approval or a non-harmonized technical specification recognized at Community level; whereas, in cases where products are of little importance with respect to the essential requirements and where they deviate from existing technical specifications, their fitness for use can be certified by recourse to an approved body.
Whereas products thus considered fit for use are easily recognizable by the EC mark; whereas they must be allowed free movement and free use for their intended purpose throughout the Community. Whereas, in the case of products where European standards cannot be produced or foreseen within a reasonable period of time or of products which deviate substantially from a standard, the fitness for use of such products may be proved by recourse to European technical approvals on the basis of common guidelines; whereas the common guidelines for the granting of European technical approvals will be adopted on the basis of the interpretative documents.
Whereas, in the absence of harmonized standards and European technical approvals, national or other non-harmonized technical specifications may be recognized as providing a suitable basis for a presumption that the essential requirements are met. Whereas it is necessary to ensure the conformity of products with harmonized standards and with non-harmonized technical specifications recognized at European level by means of procedures of production control by manufacturers and of supervision, testing assessment and certification by independent qualified third parties, or by the manufacturer himself.
Whereas a special procedure should be provided as an interim measure for products where standards or technical approvals recognized at European level do not yet exist; whereas this procedure should facilitate recognition of the results of tests performed in another Member State according to the technical requirements of the Member State of destination.
Whereas a Standing Committee on Construction should be set up comprising experts designated by Member States to assist the Commission on questions arising from the implementation and practical application of this Directive.
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Whereas the responsibility of Member States for safety, health and other matters covered by the essential requirements on their territory should be recognized in a safeguard clause providing for appropriate protective measures.
Field of application – Definitions – Requirements Technical specifications – Free movement of goods. This Directive shall apply to construction products in so far as the essential requirements in respect of construction works under Article 3 1 relate to them.
For the purposes of this Directive, ‘construction product’ means any product which is produced for incorporation in a permanent manner in construction works, including both buildings and civil engineering works. Member States shall take all necessary measures to ensure that the products referred to in Article 1, which are intended for use in works, may be placed on the market only if they are fit for this intended use, that is to say they have such characteristics that the works in which they are to be incorporated, assembled, applied or installed, can, if properly designed and built, satisfy the essential requirements referred to in Article 3 when and where such works are subject to regulations containing such requirements.
When products are subject to other Community directives with regard to other aspects, the EC conformity mark, hereinafter referred to as the ‘EG mark’, referred to in Article 4 2 shall indicate in these cases that the requirements of those other directives have also been complied with.
When a future directive concerns mainly other aspects and only to a minor extent the essential requirements of this Directive, that subsequent directive shall contain provisions ensuring that it also covers the requirements of this Directive.
This Directive shall not affect the right of Member States to specify – with due observance of the provisions of the Treaty – the requirements they deem necessary to ensure that workers are protected when using products, provided it does not mean the products are modified in a way unspecified in this Directive. The essential requirements applicable to works which may influence the technical characteristics of a product are set out in terms of objectives in Annex I.
One, some or all of these requirements may apply; they shall be satisfied during an economically reasonable working life. In order to take account of possible differences in geographical or climatic conditions or in ways of life as well as different levels of protection that may prevail at national, regional or local level, each essential requirement may give rise to the establishment of classes in the documents referred to in paragraph 3 and the technical specifications referred to in Article 4 for the requirement to be respected.
The essential requirements shall be given concrete form in documents interpretative documents for the creation of the necessary links between the essential requirements laid down in paragraph 1 and the standardization mandates, mandates for guidelines for European technical approval or the recognition of other technical specifications within the meaning of Articles 4 and 5.
Standards and technical approvals shall, for the purposes of ehis Directive, be referred to as ‘technical specifications’. Member States shall presume that the products are fit for their intended use if they enable works in which they are employed, provided the latter are properly designed and. The EC mark shall indicate:.
Member States shall publish the 89-10-6ewg of these national standards:. Member States may communicate to the Commission the texts of their national technical specifications which they regard as complying with the essential requirements referred to in Article 3. The Commission shall forward these national technical specifications forthwith to the other Member States. In accordance with the procedure provided for in Article 5 2it shall notify the Member States of those national technical specificationsion respect of which there is presumption of conformity with the essential requirements referred to in Article 3.
This procedure will be initiated and managed by the Commission in consultation with the committee referred to in Article Member States shall publish the references to these technical specifications. Where a manufacturer, or his agent, established in the Community, has not applied, or has applied only in part, the existing technical specifications referred to in paragraph 2, which require, according to the criteria set out in Article 13 4the product to be submitted for a declaration of conformity as defined in Annex III 89-106-eg iisecond and third possibilities, the corresponding decisions under Article 13 4 and Annex III shall apply and such a product’s fitness for use within the meaning of Article 2 1 shall be established in accordance with the procedure set out in Annex III 2 iisecond possibility.
The Commission, in consultation with the committee referred to in Article 19, shall draw up, manage and revise periodically a list of products which play richtlinje minor part with respect to health and safety and in respect of filetupe a declaration of compliance with the ‘acknowledged rule of technology’, issued by the manufacturer, will authorize such products to be placed on the market.
The EC mark signifies that products satisfy the requirements of paragraphs 2 and 4 of this Article. It is for the manufacturer, or his agent established in the Community, to take responsibility for affixing the EC mark on the product itself, on a label attached to it, on its packaging, or on the accompanying commercial documents. Where a Member State or the Commission is of the opinion that the harmonized standards or European technical approvals referred to in Article 4 2points a and bor the mandates referred to in Chapter II, do not satisfy the provisions of Articles 2 and 3, that Member State or the Commission shall notify the committee referred to in Article 19, setting out its reasons.
The committee shall deliver an urgent opinion. On reception of the communication referred to in Article 4 3the Commission shall consult the committee referred to in Article In the light of the opinion of the committee, the Commission shall notify Member States whether the technical specification in question should benefit from the presumption of conformity and, if so, publish a reference to it in the Official Journal of the European Countries.
If the Commission or a Member State believes that a technical specification no longer fulfills the conditions necessary for presumption of conformity with the provisions of Fieltype 2 and 3, the Commission shall consult the committee referred to in Article In the light of the opinion of the said committee, the Commission 89-106-eeg notify the Member States whether the national technical specification in question should continue to benefit from presumption of conformity, and, if not, whether the reference to it referred to in Article 4 3 should be withdrawn.
Member States shall not impede the free movement, placing on the market or use in their territory of products which satisfy the provisions of this Directive. Member States shall ensure that the use of such products, for the purpose for which they were intended, shall not be impeded by rules or conditions imposed by 89-106-ewgg bodies or.
Member States shall, however, allow products not covered 89-106-esg Article 4 2 to be placed on the market in their territory if they satisfy national provisions consistent with the Treaty until the European technical specifications referred to in Chapters II and III provide otherwise.
The Commission and the committee referred to in Article 19 will monitor and review the development of the European technical specifications on a regular basis. If the relevant European technical specifications, either themselves or on the basis of the interpretative documents referred to in Article 3 3distinguish between different classes corresponding to different performance levels, Member States may determine the performance levels also to be observed in their territory only within the classifications adopted at Community level and only subject to the use of all or some classes or one class.
The resulting standards shall be expressed as far as practicable in product performance terms, having regard to the interpretative documents. Once the standards have been established by the European standards organizations, the Commission shall publish the references of the standards in the ‘C’ series of the Official Official Journal of the European Countries.
European technical approval is a favourable technical assessment of the fitness for use of a product for an intended use, based on fulfilment of the essential requirements for building works for which the product is us2.
European technical approval may be granted to:. Even in the case where a mandate for a harmonized standard has been issued, the provisions referred to in a do not exclude the granting of European technical approval for products for which guidelines for such approval 89-106-esg.
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This shall apply until the entry into force of the harmonized standard in the Member States. Richtlinnie special cases, the Commission may, as a derogation from paragraph 2 aauthorize the issue of European technical approval, after consulting the committee referred to in Article 19, for products ricthlinie which there is a mandate richtliine a harmonized standard, or for which the Commission has established that a harmonized standard can be elaborated.
The authorization shall be valid for a fixed period. European technical approval shall in general be issued for a five-year period. This period may be extended. European 89-1106-ewg approval for a product shall be based on examinations, tests and an assessment on the basis of the interpretative documents referred to in Article 3 3 and of the guidelines referred to in Article 11 for rkchtlinie product or the corresponding family of products.
Where guidelines referred to in Article 11 do not or not yet exist, European technical approval may be issued by reference to the relevant essential requirements and the interpretative documents where the assessment of the product is adopted by the approval bodies acting jointly in the organization referred to in Annex II. If the approval bodies cannot agree, the matter shall be referred to the committee referred to in Article The European technical approval for a product shall be issued in a Member State in accordance with the procedure laid down in Annex II at the request of the manufacturer or his agent established in the Community.
Each Member State shall notify the other Member States and the Commission of the names and addresses of the bodies which it has authorized to issue European technical approvals. The approval bodies must satisfy the requirements of chis Directive and in particular must be able:.
The list of approval bodies which are competent to issue European technical approvals, as well as any amendments to that list, shall be published in the’G’ series of the Official Official Journal of the European Countries. The Commission shall, after consulting the committee referred to in Article 19, issue mandates for establishing guidelines for European technical approval for a product or family of products to the organization of approval bodies richttlinie by the Member States.
The guidelines for European technical approval for a product or family of products should contain the following, in particular:. The guidelines for European technical approval shall, after consultation with the committee referred to in Article 19, be published 89-106ewg the Member States in their official language or languages. The Commission shall, after consulting the committee referred to in Article 19, instruct technical committees in. The Commission shall publish the interpretative documents in the ‘G’ series of the Official Official Journal of the European Countries after Soliciting the filletype of the committee referred to in Article The manufacturer, or his agent established in the Community, shall rochtlinie 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 ricbtlinie meaning of Article 4. Conformity shall be established by means of testing or other evidence on the basis of the technical specifications in accordance with Annex III. 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 fileype committee referred filetyppe in Article 19, according to:.
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 iithird possibility, shall suffice, unless otherwise tiletype by 89-106-ewy technical specifications for products which have particularly important implications for health and safety.
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 EC mark on the product itself, on a label attached to it, on its packaging or on the accompanying commercial documents. The model of the EC mark and the rules for its use in respect of each of the procedures of attestation of conformity are given in Annex III.
Where it is established that the EC mark has been affixed to a product which does not satisfy, or no longer satisfies, this Directive, the Member State in which conformity was attested shall ensure that, if necessary, the use of the EC mark is forbidden and unsold products are withdrawn, or marks obliterated, until such time as the product concerned is brought back to conformity.
The Member State concerned shall immediately inform the other Member States and the Commission, giving all the qualitative and quantitative details necessary to identify the product which does not conform.
Member States shall ensure that the affixing to products or their packing of marks which are likely to be confused with the EC mark shall be prohibited. In the absence of technical specifications, as defined in Article 4, for any given product, the Member State of destination shall, on request in individual cases, consider the product to be in conformity with the national provisions in force if they have satisfied tests and inspections carried out by an approved body in the producing Member State according to the methods in force in the Member State of destination or recognized as equivalent by that Member State.
The producing Member State shall inform the Member State riletype destination, in accordance with whose provisions the tests and inspections are to be carried out, of the body it intends to approve for this purpose. The Member State of destination and the producing Member State shall provide each other with all necessary information. On conclusion of this exchange of information the producing Member State shall approve the body thus designated. If a Member State has fjletype, it shall substantiate its position and inform the Commission.
Member States shall richltinie that the designated bodies afford one another all necessary assistance. Where a Member State establishes that an approved body is not carrying out the tests and inspections properly in conformity with its national provisions, it shall notify the Member State in which the body is approved thereof.
That Member State shall inform the notifying Member State.