2.2 What is market surveillance?

2.2.1      Market surveillance prescribed under Regulation (EU) 2019/1020 provides a high level of protection of public interests, health, safety, and the environment. This definitive framework ensures equivalent and consistent enforcement of Union harmonisation legislation across all Member States.

2.2.2       Regulation (EU) 2019/1020  mandates that Member States must ensure that market surveillance authorities are equipped with the necessary powers and resources to detect non-compliance, recover inspection costs from non-compliant economic operators, and coordinate cross-border enforcement effectively. 

2.2.3      In broad terms, market surveillance in respect of construction products means any activities carried out and measures taken by a market surveillance authority (within the meaning of S.I. No. 669 of 2025) to ensure that construction products comply with the requirements set out in the relevant harmonised technical specifications and do not endanger health, safety, or any other aspect of public interest protection.  

2.2.4      Market surveillance activity aims to ensure that products fulfil their applicable requirements by providing a high level of protection of public interests, such as health and safety in general, health and safety in the workplace, protection of consumers, protection of the environment, sustainability, and security while such activity ensures that the free movement of compliant products is not restricted to any extent greater than that which is allowed under Union harmonisation legislation. Market surveillance activity entitles citizens to an equivalent level of protection throughout the single market, regardless of the origin of the product. Furthermore, it serves the objective interests of economic operators by actively working to eliminate unfair competition from non-compliant goods.