2.5 Role of the Minister
2.5.1 Statutory functions are assigned to the Minister under Regulations 7 and 11 of the European Union (Construction Products) Regulations 2025 to issue formal directions to withdraw or recall construction products and to officially notify the European Commission and other Member States.
2.5.2 The Minister may issue a written statutory direction to an economic operator to restrict, withdraw, or recall a product, or subject its use to special conditions, following consideration of:
- a cross-border notification from the Commission or another Member State's market authority;
- clear evidence of an imminent danger to health, safety, or the environment; or
- a formal request from a national Market Surveillance Authority under Regulation 11, S.I. No. 669 of 2025.
2.5.3 Under Regulation 7 of S.I. No. 669 of 2025, the Minister must notify the European Commission and other Member States of product recalls, providing data regarding product identification, origin, the nature of the non-compliance (due to structural failures under Annex I of CPR 2011/CPR 2024 or shortcomings in technical standards), and operator arguments. If no objections are raised within 15 working days, the measure is deemed justified.
2.5.4 MARKET SURVEILLANCE AND SAFEGUARD PROCEDURES - CPR 2024 Article 65 Procedure to deal with non-compliance
“Where a market surveillance authority of one Member State has sufficient reason to believe that certain products covered by a harmonised technical specification or for which a European technical assessment has been issued, or their manufacturer, are non-compliant, it shall carry out an evaluation in relation to those products and the manufacturer concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall, as necessary, cooperate with the market surveillance authorities.
Where, in the course of that evaluation, the market surveillance authority finds that the products or their manufacturer do not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant economic operator to take appropriate and proportionate corrective actions, as provided for in Article 16(3) of Regulation (EU) 2019/1020, to bring the non-compliance to an end or, if that is not possible, to withdraw the products from the market, or to recall them, all within a reasonable period which is commensurate with the nature of the non-compliance.
The market surveillance authority shall inform the notified bodies accordingly, if notified bodies are involved.”
The applicable procedures are set out in Regulation (EU) No 305/2011, Regulation (EU) 2024/3110 and Regulation (EU) 2019/1020.
For further guidance on risk assessment, refer to;
“ADCO CPR Guidelines for Risk Assessment of Harmonised Construction Products (pursuant to Reg. (EU) No 305/2011 and Reg. (EU) 2024/3110)" - Appendix VI of these Guidelines
“Form for Risk Assessment - Construction Products” - Appendix VIII of these Guidelines
2.5.5 The Department (DHLGH) also maintains a centralised coordinating role, processing compliance complaints routed through the public, national bodies, or the EU-wide complaint portal. Valid complaint files are forwarded to the relevant local Market Surveillance Authority for targeted enforcement action, supported by departmental technical guidance.