3.5 Stage 3 - Compliance Assessment
Where further action is required, a ‘Company Printout’ should be obtained from the Companies Registration Office (this is required in order to establish the correct company name, the company’s registered address and the name of the company secretary). The Companies Registration Office can be contacted at – Parnell House, Parnell Square, Dublin 1, Tel: (01) 804 5200 or LoCall: 1890 220 Fax: (01) 804 Email: info@cro.ie Website: www.cro.ie
3.5.1 Where further enforcement action is required, a ‘Company Printout’ should be obtained from the Companies Registration Office (this is required in order to establish the correct company name, the company’s registered address, and the name of the company secretary). The Companies Registration Office can be contacted via the central digital portal (www.cro.ie) or at its official registry address:
Companies Registration Office,
Bloom House,
Gloucester Street Lower,
PO Box 12858,
Dublin 1.
Tel: (01) 804 5200 or LoCall: 1890 220 226
Email: info@cro.ie
Website: www.cro.ieDepending on the circumstances in the case, and the recommendation contained in the authorised officer’s initial site inspection report, one of the following courses of action may be required: (a) a request requiring the furnishing technical documentation, i.e. Declaration of Performance, certificate of constancy of performance, certificate of conformity of the factory production control, test reports etc. (see Appendix IV). Given this documentation should be readily available to the economic operator, an indicative timeframe for requiring the return of the technical documentation requested should be in the region of 2 weeks; (b) a request requiring the furnishing of explanations or supplementary information in connection with the provision of technical documentation (see Appendix IV). Depending on the complexities of the issues of concern to the authorised officer, an indicative timeframe for requiring the return of the explanations or supplementary information requested should be in the region of 2 weeks; or (c) a notice in writing outlining the statutory obligations imposed on the economic operator and setting out the corrective actions that need to be taken by the economic operator and how compliance can be demonstrated within a specified timeframe (see Appendix V). Copies of the Information Note on the Construction Products Regulation, Regulation (EU) No. 305/2011 and the European Union (Construction Products) Regulations 2013 should accompany the notice in writing. A notice in writing under point (c) should only be issued in cases where there is clear evidence that the economic operator is not in compliance with his/her obligations under the Regulation (EU) No. 305/2011 and the European Union (Construction Products) Regulations 2013. The overarching objective of the notice in writing is to identify the corrective actions that need to be taken, provide an opportunity for the economic operator to regularise his/her position and to warn them about the possibility of legal action being taken for non-compliance and/or in the event that the non-compliance continues. A notice in writing could issue either as a letter requesting the economic operator concerned to take specific corrective actions within a prescribed timeframe or, alternatively, it may issue in a more formal manner which may require approval by way of a Chief Executive’s Order and follow the procedures set out in section 3.4.3 below.
3.5.2 Depending on the circumstances in the case, and the recommendation contained in the authorised officer’s initial site inspection report, one of the following courses of action may be required:
- A request requiring the furnishing of technical documentation—i.e., Declaration of Performance and Conformity (DoPCD), certificates, test reports, or Construction Digital Product Passport (DPP) data structures. Pursuant to Article 4 of Regulation (EU) 2019/1020, the indicative return timeframe should not exceed 10 working days.
- A request requiring explanations or supplementary information regarding technical files or environmental lifecycle performance profiles, with an indicative response timeframe of approximately 2 weeks; or
- a formal Compliance Notice under Regulation 11 of the European Union (Construction Products) Regulations 2025, outlining the statutory obligations imposed on the economic operator and setting out the corrective actions that need to be taken by the economic operator and how compliance can be demonstrated within a specified timeframe (see Appendix XX). Copies of the updated Information Note on the Construction Products Regulations, CPR 2011, and CPR 2024 should accompany the notice in writing.
A notice in writing under point (c) should only be issued in cases where there is clear evidence that the economic operator is not in compliance with his/her obligations under CPR 2011, CPR 2024, or the supporting domestic Regulations. The overarching objective of the notice in writing is to identify the corrective actions that need to be taken, provide an objective opportunity for the economic operator to regularise his/her position, and to warn them about the certainty of legal action and statutory penalties being taken for non-compliance and/or in the event that the non-compliance continues. A notice in writing could issue either as a letter requesting the economic operator concerned to take specific corrective actions within a prescribed timeframe or, alternatively, it may issue in a more formal manner as a statutory Compliance Notice which may require a formal Chief Executive’s Order or delegated administrative authorization and follow the procedures set out in section 3.6.4 below.
A reasonable amount of time should be afforded for an economic operator to comply with his/her obligations under the Regulation (EU) No. 305/2011 and the European Union (Construction Products) Regulations 2013. All correspondence should be addressed to the company secretary and sent to the registered office of the company by registered post although the notice itself is served on the company and the language used in the notice should be phrased to reflect this distinction. These are important steps to follow, in particular, where it is anticipated that legal proceedings may have to be taken at a future point in time. By addressing all correspondence to the company secretary and sending it to the company’s registered address by registered post and serving the notice on the company itself, it can be proved in court that the economic operator was formally advised of his/her responsibilities under the Regulation (EU) No. 305/2011 and the European Union (Construction Products) Regulations 2013. It is also advisable that copies of all correspondence be sent to the appropriate point of contact for the economic operator established by the authorised officer at the time of the inspection (section 3.3.4.6 or section refers).
3.5.3 A reasonable amount of time should be afforded for compliance. All correspondence must be addressed directly to the company secretary and sent to the registered office by registered post or verified secure electronic delivery, phrasing the text to reflect that the notice is served on the corporate entity itself. This guarantees a robust proof-of-service audit trail required for court proceedings. Copies should also be sent to the operator's localised point of contact.Each market surveillance authority must ensure that all requests / notices issued are followed- up appropriately. While the amount of time afforded by each market surveillance authority may vary, it is considered good practice to diary the response times set out in all issued requests / notices to ensure that follow-up actions occur in a timely manner.
3.5.4 Each authority must diary and log the response timelines of all issued notices into national monitoring systems to ensure timely follow-up and prompt data integration into the EU ICSMS platform under Article 34 of Regulation (EU) 2019/1020.If the required technical documentation, explanations or supplementary information is not submitted by the specified timeframe, the issue of a reminder should be considered, or alternatively, a return visit could be made by the authorised officer to the premises of the economic operator.
3.5.5 If the required technical documentation, explanations, or supplementary information is not submitted by the specified timeframe, the issue of a formal reminder or the immediate escalation to a statutory Enforcement Notice under the European Union (Construction Products) Regulations 2025 should be executed, or alternatively, an unannounced return visit could be made by the authorised officer to the premises of the economic operator under Stage 4 procedures.
3.5.6 Other contacts with the economic operator
3.5.6.1 All communications, telephone calls, or secure digital consultations with the economic operator must be logged as contemporaneous notes within the authority's file management system. All communications data shall be processed in strict compliance with personal data protection legislation and Article 32 of Regulation (EU) 2019/1020, ensuring a reliable audit trail for potential escalation to Stage 4 or entry into the ICSMS platform.Stage 4 - Final site visits and inspections