Commission Delegated Regulation (EU) 2016/364 of 1 July 2015 on the classification of the reaction to fire performance of construction products pursuant to Regulation (EU) No 305/2011 of the European Parliament and of the Council (Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (1), and in particular Article 27(1) thereof,

Whereas:

(1) A system for classifying the performance of construction products with regard to their reaction to fire was adopted by Commission Decision 2000/147/EC (2). It was based on a harmonised solution of assessing this performance and classifying the results of these assessments.

(2) Decision 2000/147/EC provides several classes of reaction to fire performance. In addition, it contains classes F, FFL, FL and Fca, which are defined as ‘no performance determined’.

(3) In accordance with Article 2(7) of Regulation (EU) No 305/2011, a class means a range of levels, delimited by a minimum and a maximum value of performance. Classes defined as ‘no performance determined’ do not correspond to this definition and thus cannot be incorporated in a classification system under Regulation (EU) No 305/2011.

(4) The use of ‘no performance determined’ in the context of drawing up the declaration of performance is provided in Article 6(3)(f) of Regulation (EU) No 305/2011.

(5) In order to enable the manufacturers to declare lower reaction to fire performance than that covered by classes E, EFL, EL and Eca, it is necessary to change the classification criteria of classes F, FFL, FL and Fca accordingly.

(6) It is therefore necessary to replace the classes F, FFL, FL and Fca provided in Decision 2000/147/EC with new classes for products not reaching at least the reaction to fire performance under the classes E, EFL, EL and Eca.

(7) Decision 2000/147/EC has been amended several times and further amendments to that Decision are necessary. In the interests of clarity and rationality that decision should therefore be repealed and replaced,

HAS ADOPTED THIS REGULATION:

Article 1

When the intended use of a construction product is such that the product may contribute to the generation and spread of fire and smoke within the room or area of origin or beyond, the performance of the product in relation to its reaction to fire shall be classified in accordance with the classification system set out in the Annex.

Article 2

Decision 2000/147/EC is repealed.

References to the repealed Decision shall be construed as references to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 July 2015.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 88, 4.4.2011, p. 5.

(2) Commission Decision 2000/147/EC of 8 February 2000 implementing Council Directive 89/106/EEC as regards the classification of the reaction to fire performance of construction products (OJ L 50, 23.2.2000, p. 14).