Commission Delegated Regulation (EU) 2024/1399 of 10 November 2023 on the conditions for classification, without testing, of solid wood panelling and cladding with regard to their reaction to fire and amending Decision 2006/213/EC

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(5), first subparagraph, thereof,

Whereas:

(1) A system for classifying the performance of construction products with regard to their reaction to fire was adopted in Commission Delegated Regulation (EU) 2016/364 (2). Solid wood panelling and cladding are among the construction products to which that Delegated Regulation applies.

(2) Table 2 to the Annex to Commission Decision 2006/213/EC (3) established classes of the reaction to fire performance for solid wood panelling and cladding. The conditions set out in that Decision for those products need to be clarified so as to explicitly limit its application only to untreated wood.

(3) Tests have shown solid wood panelling and cladding to have a stable and predictable performance in terms of reaction to fire provided that they meet certain conditions regarding the minimum mean density of the wood, the minimum thickness of the profile and the end-use of the product, and that wood is not subject to any kind of treatment other than kiln drying.

(4) Solid wood panelling and cladding should therefore be deemed to satisfy a certain class of performance for reaction to fire established in Delegated Regulation (EU) 2016/364 under all those conditions without further testing being required.

(5) For the sake of legal certainty, Table 2 of Annex to Decision 2006/213/EC should be deleted and replaced by the Annex to this Regulation for solid wood panelling and cladding.

(6) In order to provide manufacturers, in particular small and micro enterprises, sufficient time to assess the effect of this Regulation in their activities, the entry into force of this Regulation should be ninety days after its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Solid wood panelling and cladding which fulfil the conditions set out in the Annex shall be deemed to satisfy the classes of performance indicated in the Annex without testing.

Article 2

Table 2, including figures (a) and (b), of the Annex to Decision 2006/213/EC is deleted and replaced by the table, and figures (a) and (b), set out in the Annex.

References to Table 2, and figures (a) and (b), of the Annex to Decision 2006/213/EC shall be construed as references to the table and figures set out in the Annex.

Article 3

This Regulation shall enter into force on the ninetieth 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, 10 November 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 88, 4.4.2011, p. 5.

(2) 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 (OJ L 68, 15.3.2016, p. 4).

(3) Commission Decision 2006/213/EC of 6 March 2006 establishing the classes of reaction-to-fire performance for certain construction products as regards wood flooring and solid wood panelling and cladding (OJ L 79, 16.3.2006, p. 27).