2.8 Information Sharing

2.8.1      Under Regulations 6 and 7 of the European Union (Construction Products) Regulations 2025, building control authorities manage market surveillance within their functional zones, while the Minister acts in cases of serious risk or Commission notification. Since construction products move fluidly across regions, rapid information exchange between authorities is mandatory to ensure consistent enforcement.

2.8.2      To give effect to the cross-border administrative provisions of Article 31(1) of Regulation (EU) 2019/1020, S.I. No. 669 of 2025 governs the precise conditions under which local enforcement data is shared. To facilitate lawful information sharing between national or European authorities, a market surveillance authority shall verify that:

  • the compliance data was officially collected during lawful market surveillance activities (inspections, written requests, or DPP studies);
  • there is reasonable cause to believe the product fails to meet technical, structural, or eco-design requirements of CPR 2011 and/or CPR 2024;
  • the non-compliant product is active within the geographical jurisdiction of the recipient authority;
  • the shared intelligence is targeted to assist the recipient authority in executing risk evaluations; and
  • the recipient authority respects professional secrecy and confidentiality rules under Article 32 of Regulation (EU) 2019/1020, while ensuring critical risk data can be effectively disseminated. 

2.8.3      Pursuant to Articles 20 and 32(3) of Regulation (EU) 2019/1020, professional secrecy or commercial confidentiality safeguards cannot be used by economic operators to prevent or delay the transmission of enforcement data between single liaison offices and market surveillance authorities. 

2.8.4      The Information and Communication System on Market Surveillance (ICSMS) is the mandatory European Union platform for the reliable collection, processing, and structured exchange of information among market surveillance authorities. In accordance with Article 34 of Regulation (EU) 2019/1020, the system requires information on non-compliant products, such as laboratory test results, physical and digital product identification parameters, photographs, economic operator profiles, formal risk assessments, accident history, and information on corrective or restrictive measures taken by surveillance authorities, to be uploaded and shared quickly and efficiently among market surveillance authorities. 

2.8.5      Market surveillance authorities must utilise the ICSMS system for all structured compliance investigations actively, a framework overseen nationally in Ireland by the Health and Safety Authority (HSA). In this regard, technical systems training and specific user access rights to the ICSMS portal for construction product authorised officers can be coordinated by the Health and Safety Authority (HSA). 

For further information on the respective roles and responsibilities of Market Surveillance Authorities and the NBCMSO, refer to the Department’s Information Note on the Construction Products Regulation 2024 Appendix IX of these Guidelines

An Inspection record in the ICSMS should include some or all of the following checks: 

  • Appendix X - Does the construction product fall under the scope of the CPR ? 
  • Appendix XI - Basic Requirements for Construction Works of REGULATION (EU) NO. 305/2011 & REGULATION (EU) NO. 3110/2024 
  • Appendix XII - Site Inspection Report 
  • Appendix XIII - Checklist Declaration of Performance (DOP) - Regulation (EU) 305-2011 Annex III
  • Appendix XIV - Checklist Declaration of Performance and Conformity (DOPC) - Regulation (EU) 2024-3110 Annex V
  • Appendix XV - CE Marking Framework & Check List EU 305/2011
  • Appendix XVI - CE Marking Framework & Check List EU 2024/3110 
  • Appendix XVII - Checklist Instructions & Safety Information (GENERAL PRODUCT INFORMATION) INSTRUCTIONS IN USE - (EU) 2024-3110 Annex IV
  • Appendix XVIII - Assessment and Verification Systems (AVS) 
  • Appendix XIX - LEGITIMACY OF THE NOTIFIED BODY INVOLVEMENT 

 These checks may be followed up with  

  • Appendix XX - Notice in Writing CORRECTIVE ACTION Regulation 11 S.I. 669 of 2025 and or  
  • Appendix XXI - Request for TECHNICAL DOCUMENTATION Under Regulation 9(3) of SI No 669_2025
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