CE Marking (CE Mark), EU Council Directive 89/106/EEC of 21 December 1988: construction products

Brief Introduction of
Directive 89/106/EEC
Construction Products

Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products

This directive has been amended by the following Council Directives:
1. 92/59/EEC of 29 June 1992 (General Product Safety);
2. 93/68/EEC of 22 July 1993 (CE Marking directive).

* The term 'EC Mark' appeared in this directive is out of date and has been officially replaced by term 'CE Marking' in 1993 in the CE Marking directive 93/68/EEC

CHAPTER I
Field of application - Definitions - Requirements Technical specifications - Free movement of goods

Article 1

1. 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
2. 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.
'Construction Products' are hereinafter referred to as 'products'; construction works including both buildings and civil engineering works are hereinafter referred to as 'works'.

Article 2

1. 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.
2. 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.
3. 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.
4. 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

Article 3

1. 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.
2. 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.
3. 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.

Article 4

1. Standards and technical approvals shall, for the purposes of ehis Directive, be referred to as 'technical specifications'
For the purposes of this Directive, harmonized standards shall be the technical specifications adopted by CEN, Cenelec or both, on mandates given by the Commission in conformity with Directive 83/189/EEC on the basis of an opinion given by the Committee referred to in Article 19 and in accordance with the general provisions concerning cooperation between the Commission and these two bodies signed on 13 November 1984.
2. 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.
built, to satisfy the essential requirements referred to in Article 3, and those products bear the EC mark. The EC mark shall indicate:
(a) that they comply with the relevant national standards transposing the harmonized standards, references to which have been published in the Official Journal of the European Countries. Member States shall publish the references of these national standards:
(b) that they comply with a European technical approval, delivered according to the procedure of Chapter III, or
(c) that they comply with the national technical specifications referred to in paragraph 3 in as much as harmonized specifications do not exist; a list of these national specifications shall be drawn up according to the procedure in Article 5 (2). 3. 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 (2), it shall notify the Member States of those national technical specifications in 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 19
Member States shall publish the references to these technical specifications. The Commission shall also publish them in the Official Journal of the European Countries
4. 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 (4), the product to be submitted for a declaration of conformity as defined in Annex III (2) (ii), second 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) (ii), second possibility.
5. 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 a minor part with respect to health and safety and in respect of which a declaration of compliance with the 'acknowledged rule of technology', issued by the manufacturer, will authorize such products to be placed on the market.
6. 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.
The model of the EC mark and conditions of its use are given in Annex III.
products referred to in paragraph 5 shall not bear the EC mark.

Article 5

1. Where a Member State or the Commission is of the opinion that the harmonized standards or European technical approvals referred to in Article 4 (2), points (a) and (b), or 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.
In the light of the opinion of the committee, and after consultation with the committee set up under Directive 83/189/EEC where it concerns harmonized standards, the Commission shall inform Member States if the standards or approvals concerned should be withdrawn in the publications referred to in Article 7 (3).
2. On reception of the communication referred to in Article 4 (3), the Commission shall consult the committee referred to in Article 19. 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 Articles 2 and 3, the Commission shall consult the committee referred to in Article 19. In the light of the opinion of the said committee, the Commission shall 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.

Article 6

1. 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 public bodies or.
private bodies acting as a public undertaking or acting as a public body on the basis of a monopoly position.
2. Member States shall, however, allow products not covered by 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.
3. If the relevant European technical specifications, either themselves or on the basis of the interpretative documents referred to in Article 3 (3), distinguish 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.

CHAPTER II
Harmonized standards

Article 7

1. In order to ensure the quality of harmonized standards for products, the standards shall be established by the European standards organizations on the basis of mandates given by the Commission in accordance with the procedure laid down in Directive 83/189/EEC and, after consulting the committee referred to in Article 19, in accordance with the general provisions concerning cooperation between the Commission and these bodies signed on 13 November 1984.
2. The resulting standards shall be expressed as far as practicable in product performance terms, having regard to the interpretative documents.
3. 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.

CHAPTER III
European technical approval

CHAPTER IV
Interpretative documents

CHAPTER V
Attestation of conformity

Article 13

1. The manufacturer, or his agent established in the Community, shall be responsible for the attestation that products are in conformity with the requirements of a technical specification within the meaning of Article 4.
2. Products that are the subject of an attestation of conformity shall benefit from the presumption of conformity with technical specifications within the 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.
3. The attestation of conformity of a product is dependent on:
(a) the manufacturer having a factory production control system to ensure that production conforms with the relevant technical specifications; or
(b) for particular products indicated in the relevant technical specifications, in addition to a factory production control system, an approved certification body being involved in assessment and surveillance of the production control or of the product itself.
4. 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 the committee referred to in Article 19, according to:
(a) the importance of the part played by the product with respect to the essential requirements, in particular those relating to health and safety;
(b) the nature of the product;
(c) the effect of the variability of the product's characteristics on its serviceability;
(d) the susceptibility to defects in the product manufacture;
in accordance with the particulars set out in Annex III.
In each case, the least onerous possible procedure consistent with safety shall be chosen.
The procedure thus determined shall be indicated in the mandates and in the technical specifications or in the publication thereof.
5. In the case of individual (and non-series) production, a declaration of conformity in accordance with Annex III (2) (ii), third possibility, shall suffice, unless otherwise provided by the technical specifications for products which have particularly important implications for health and safety.

Article 14

1. In accordance with Annex III, the procedures described shall lead:
(a) in the case of Article 13 (3) (a), to the production of a declaration of conformity for a product by the manufacturer, or his agent established in the Community; or
(b) in the case of Article 13 (3) (b), to the issue by an approved certification body of a certificate of conformity for a system of production control and surveillance or for the product itself.
Detailed rules for the implementation of the procedures of attestation of conformity are given in Annex III.
2. 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.

Article 15

1. Member States shall ensure that the EC mark is correctly used.
2. 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.
3. 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.

CHAPTER VI
Special procedures

CHAPTER VII
Approved bodies

CHAPTER VIII
Standing Committee on Construction

CHAPTER IX
Safeguard clause

CHAPTER X
Final provisions

ANNEX I
ESSENTIAL REQUIREMENTS

ANNEX II
EUROPEAN TECHNICAL APPROVAL

ANNEX III
ATTESTATION OF CONFORMITY WITH TECHNICAL SPECIFICATIONS

1. METHODS OF CONTROL OF CONFORMITY

2. SYSTEMS OF CONFORMITY ATTESTATION

3. BODIES INVOLVED IN THE ATTESTATION OF CONFORMITY

4. EC CONFORMITY MARK, EC CERTIFICATE OF CONFORMITY, EC DECLARATION OF CONFORMITY

ANNEX IV
APPROVAL OF TESTING LABORATORIES, INSPECTION BODIES AND CERTIFICATION BODIES

Please click the following links to learn more about every CE-Marking-related European Union Directive, Guidelines to Directives, Frameworks of implementation of Directives, and Agreements on Mutual Recognition of conformity assessment between European Union and other countries such as USA, Japan, Canada, Australia, New Zealand and Israel:-

What is CE marking (CE mark)?

The CE marking logo (Free download CE mark logo)

Download of the EC Rep symbol/logo

CE Marking (CE mark) EU/EC Declaration of Conformity: definition and required content

What is a manufacturer? What are the responsibilities of a manufacturer?

Is the Own Brand Labeller or Private Labeller considered as the legal Manufacturer?

Why is CE marking called "European passport"?

Does my product need CE Marking in order to be sold/exported on/to the European Market?

How to obtain CE Marking for my product?

How can Wellkang Tech Consulting help me to obtain CE Marking for my product?

Wellkang can be your Authorized Representative in Europe for CE Marking purpose !

Complete list of all CE Marking Directives and Guidelines to Directives