Introductory text

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 products^f1, as last amended by Regulation of the European Parliament and of the Council (EC) No 1882/2003^f2, and in particular Article 13(4) thereof,

Whereas:

The Commission has already adopted the Decision 97/464/EC of 27 June 1997 on attesting the conformity of construction products pursuant to Article 20(2) of Directive 89/106/EEC as regards waste water engineering products^f3.

Article 13(2) of Directive 89/106/EEC provides that conformity shall be established in accordance with Annex III to the Directive. It is therefore not necessary to refer to Article 13(3) (a) and (b) when specifying the procedure of attesting the conformity according to Article 13(4). The text of Decision 97/464/EC should be simplified by deleting this reference.

Following a review of waste water engineering product families, and the need to accommodate the regulatory needs of the Member States in respect of reaction to fire, the procedures of attestation of conformity in respect of reaction to fire characteristics should be added.

Following a review of the product family ‘Waste water engineering products outside buildings (3/3)’ a higher level of safety for manhole tops and gully tops for use in vehicular and pedestrian areas should be assured.

Decision 97/464/EC should therefore be amended accordingly.

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Construction.

HAS ADOPTED THIS DECISION: