Commission Decision

of 8 November 2010

amending Decision 95/467/EC implementing Article 20(2) of Council Directive 89/106/EEC on construction products

(notified under document C(2010) 7542)

(Text with EEA relevance)

(2010/679/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 products [1], and in particular Article 13(4)(a) thereof,

After consulting the Standing Committee on Construction,

Whereas:

(1) On 24 October 1995, the Commission adopted Decision 95/467/EC implementing Article 20(2) of Council Directive 89/106/EEC on construction products [2].

(2) In order to adapt the systems of attestation of conformity of the product family "CHIMNEYS, FLUES AND SPECIFIC PRODUCTS" to technical progress, Annex 3 to the Decision should be adjusted.

(3) The Decision should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex 3 to Decision 95/467/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 8 November 2010.

For the Commission

Antonio Tajani

Vice-President

[1] OJ L 40, 11.2.1989, p. 12.

[2] OJ L 268, 10.11.1995, p. 29.

--------------------------------------------------

ANNEX

In Annex 3 to Decision 95/467/EC, in the table related to the product family "CHIMNEYS, FLUES AND SPECIFIC PRODUCTS", the following entry is added:

System 1: See Directive 89/106/EEC, Annex III(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.

[*] [**] [***]

Product(s) | Intended use(s) | Level(s) or class(es) (Reaction to fire) | Attestation of conformity system(s) |

"prefabricated chimneys (storey height elements), flue liners (elements or blocks), multi-shell chimney (elements or blocks), single walled chimneys blocks, kits of free standing chimneys and attached chimneys, chimney terminals | For uses subject to regulations on reaction to fire | (A1, A2, B, C) [1] | 1 |

(A1, A2, B, C) [2], D, E | 3 |

(A1 to E) [3], F | 4 |

[*] 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 Class A1 according to Commission Decision 96/603/EC, OJ L 267, 19.10.1996, p. 23)."

--------------------------------------------------