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15.1.2011 Official
Journal
of
the
European
Union L
11/49
COMMISSION DECISION
of 14 January 2011
on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of
Council Directive 89/106/EEC as regards sealants for non-structural use in joints in buildings and
pedestrian walkways
(notified under document C(2011) 62)
(Text with EEA relevance)
(2011/19/EU)
THE EUROPEAN COMMISSION,
(4) The
procedure
referred
to
in
Article
13(3)(a)
corresponds
to the systems set out in the first possibility, without
Having regard to the Treaty on the Functioning of the European
continuous surveillance, and the second and third possi
Union,
bilities of point (ii) of Section 2 of Annex III. The
procedure referred to in Article 13(3)(b) corresponds to
Having regard to Council Directive 89/106/EEC of
the systems set out in point (i) of Section 2 of Annex III,
21 December 1988 on the approximation of laws, regulations
and in the first possibility, with continuous surveillance,
and administrative provisions of the Member States relating to
of point (ii) of Section 2 of Annex III,
construction products ( 1 ), and in particular Article 13(4) thereof,
After consulting the Standing Committee on Construction,
HAS ADOPTED THIS DECISION:
Whereas:
Article 1
(1) The
Commission
is
required
to
select,
in
accordance
with The products and families of products set out in Annex I shall
Article 13(3) of Directive 89/106/EEC, one of two
have their conformity attested by a procedure whereby, in
procedures for attesting the conformity of a product.
addition to a factory production control system operated by
That Article prescribes that the Commission should
the manufacturer, an approved body is involved in assessment
choose the least onerous possible procedure consistent
and surveillance of the production control or of the product
with safety. It is therefore necessary to decide whether,
itself.
for a given product or family of products, the existence
of a factory production control system under the respon
sibility of the manufacturer is a necessary and sufficient
Article 2
condition for an attestation of conformity, or whether,
The procedure for attesting conformity as set out in Annex II
for reasons related to compliance with the criteria set out
shall be indicated in the mandates for harmonised European
in Article 13(4) of that Directive, the intervention of an
standards.
approved body is required.
(2) Article
13(4)
requires
that
the
procedure
thus
determined
Article 3
shall be indicated in the mandates and in the technical
specifications. It is therefore desirable to identify the
This Decision is addressed to the Member States.
products or family of products referred to in the
technical specifications.
(3) The
two
procedures
provided
for
in
Article
13(3)
of Done at Brussels, 14 January 2011.
Directive 89/106/EEC are described in detail in Annex
III to that Directive. It is therefore necessary to specify
clearly the methods by which the two procedures shall be
For the Commission
implemented, by reference to Annex III, for each product
or family of products, since Annex III gives preference to
Antonio TAJANI
certain systems.
Vice-President
( 1 ) OJ L 40, 11.2.1989, p. 12.

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L 11/50
EN
Official Journal of the European Union
15.1.2011
ANNEX I
Sealants for non-structural use in joints in buildings and pedestrian walkways as follows:
1. sealants for external and/or internal walls, partitions;
2. sealants for glazing (except for sealants for aquariums, structural glazing, first and outer seal to manufacture insulated
glazing units, horizontal glazing (below 7°) and organic glass);
3. sealants for sanitary joints (except for industrial, drinking water, underwater (swimming pools, sewage systems etc.)
and food contact applications);
4. sealants for pedestrian walkways (except for chemical containment, submersed, roads and other traffic areas, airports
and sewage treatment plants).

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EN
15.1.2011 Official
Journal
of
the
European
Union L
11/51
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
SEALANTS FOR NON-STRUCTURAL USE IN JOINTS IN BUILDINGS AND PEDESTRIAN WALKWAYS (1/2)
Systems of attestation of conformity
For the product(s) and intended use(s) listed below, CEN/Cenelec is requested to specify the following system(s) of
attestation of conformity in the relevant harmonised European standards:
Product Intended
use Level(s)
or
class(es) AoC
system
— Sealants for external
Outdoor applications
—
3
walls
— Sealants for internal
Indoor applications
—
4
walls, partitions
— Sealants for glazing For
uses
in
building
—
3
construction
— Sealants for pedestrian
—
3
walkways
— Sealants for sanitary
—
3
joints
System 3: See point (ii) of Section 2 of Annex III to Directive 89/106/EEC, second possibility.
System 4: See point (ii) of Section 2 of Annex III to Directive 89/106/EEC, 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
characteristic (see Article 2(1) of Directive 89/106/EEC and, where applicable, clause 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.
PRODUCT FAMILY
SEALANTS FOR NON-STRUCTURAL USE IN JOINTS IN BUILDINGS AND PEDESTRIAN WALKWAYS (2/2)
Systems of attestation of conformity
For the product(s) and intended use(s) listed below, CEN/Cenelec is requested to specify the following system(s) of
attestation of conformity in the relevant harmonised European standards:
Product(s) Intended
use(s)
Level(s) or class(es)
Attestation of conformity
(reaction to fire)
system(s)
Sealants for non-structural For uses subject to reaction
A1 (*), A2 (*), B (*), C (*)
1
use in joints in buildings to fire regulations
and pedestrian walkways
A1 (**), A2 (**), B (**),
3
C (**), D, E
(A1 to E) (***), F
4
System 1: See point (i) of Section 2 of Annex III to Directive 89/106/EEC, without audit-testing of samples.
System 3: See point (ii) of Section 2 of Annex III to Directive 89/106/EEC, second possibility.
System 4: See point (ii) of Section 2 of Annex III to Directive 89/106/EEC, third possibility.
(*) Products/materials for which a clearly identifiable stage in the production process results in an improvement of the reaction to fire
classification (e.g. an addition of fire retardants or a limiting of organic material).
(**) Products/materials not covered by footnote (*).
(***) Products/materials that do not require to be tested for reaction to fire (e.g. Products/materials of classes A1 according to Commission
Decision 96/603/EC).

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L 11/52
EN
Official Journal of the European Union
15.1.2011
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, clause 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.

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