CONSTRUCT 09/847 Annex
Brussels, xx.xx.2009
COMMISSION DECISION
of xx/xx/2009
amending Commission Decision 1999/91/EC on the procedure for attesting the
conformity of construction products pursuant to Article 20 (2) of Council Directive
89/106/EEC as regards thermal insulation products
(Text with EEA relevance)
(2009/xx/EC)
EN
CONSTRUCT 09/847 Annex
COMMISSION DECISION
of xx/xx/2009
amending Commission Decision 1999/91/EC on the procedure for attesting the
conformity of construction products pursuant to Article 20 (2) of Council Directive
89/106/EEC as regards thermal insulation products
(Text with EEA relevance)
(2009/xx/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 relating to
construction products1, as amended by Directive 93/68/EEC2, and in particular Article 13(4)
thereof,
Whereas:
(1)
The Commission has already adopted the Decision 1999/91/EC3 on attesting the
conformity of construction products pursuant to Article 20(2) of Directive 89/106/EEC
as regards thermal insulation products.
(2)
Article 13 of Directive 89/106/EEC provides that conformity shall be established in
accordance with Annex III to the Directive.
(3)
The requirements relating to environmental protection must be integrated in the
definitions and applications of the various community policies.
(4)
The energy consumption and the production of greenhouse gas in the building sector
are considerable and the promotion of energy efficiency is one of the objectives of the
community action.
(5)
A distinction is made by the Commission between the different uses of insulation
products for the application of article 13 of Directive 89/106/EEC relating to the
choice of attestation of conformity procedure for construction products and a higher
level should be possible.
(6)
Decision 1999/91/CE should therefore be amended accordingly.
(7)
The measures provided for in this Decision are in accordance with the opinion of the
Standing Committee on Construction.
1
OJ L 4O, 11.2.1989, p. 12.
OJ L 220, 30.8.1993, p. 1
OJ L 198, 25.7.1997, p.33
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CONSTRUCT 09/847 Annex
HAS ADOPTED THIS DECISION:
Article 1
Decision 1999/91/EC is amended as follows:
(1)
Annex II is amended as follows:
It is added : for the intended uses subject to regulations on energy efficiency
(2)
Annex III is amended as follows:
The products ½ set out in Annex III shall have their conformity attested by procedure 1+ as
described in annex III par 2 point I) of Directive 89/106/CEE with further testing of samples
taken at the factory, on the market or on the construction site, when the intended use is subject
to regulations on energy efficiency and by procedure 3 for the other uses.
Article 2
This Decision is addressed to the Member States.
Done at Brussels,
For the Commission
Member of the Commission
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CONSTRUCT 09/847 Annex
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