3.6 Stage 4 - Follow-up actions and measures

3.6.1 If an economic operator does not comply with the requirements of a notice in writing; such as a statutory Compliance Notice issued under Stage 3; within the specified timeframe, it would be prudent for the authorised officer to visit the premises of the economic operator a second time and carry out a more formal inspection of the premises. A more detailed final site visit and inspection report is completed in this case (see Appendix XII).Notwithstanding the above, as set out in section 3.3.3, where a complaint has been received by a market surveillance authority and the supporting documentation provides clear evidence of a non-compliance by an economic operator, the relevant market surveillance authority may opt to proceed to the more formal final site visit and inspection process from the very outset of their investigation.

3.6.2 Notwithstanding the above, as set out in section 3.4.1, if incoming complaint documentation provides irrefutable evidence of a non-compliance, the authority may bypass Stage 2 and initiate the formal Stage 4 inspection process from the very outset.

3.6.3 Site inspections and evidence gathering

3.6.3.1 As set out previously in section 3.4.2.1, the authorised officer shall ensure that he/she is familiar with all relevant provisions of CPR 2011, CPR 2024, Chapter V of Regulation (EU) 2019/1020, and the European Union (Construction Products) Regulations 2013 and 2025, in particular, the provisions set out in Regulations 8, 9, 10, and 11 of the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025) respectively, in advance of the follow-up inspection.Again, as set out previously in section 3.3.4.2, the authorised officer shall carry the warrant of his/her appointment as an authorised officer, as he/she may be requested to produce it by the economic operator during the final site visit and inspection.

3.6.3.2 The authorised officer must carry their official warrant of appointment issued under Regulation 8 of the European Union (Construction Products) Regulations 2025.The authorised officer shall arrange an early date with the economic operator for the final site inspection. On arrival at the premises, the authorised officer should request to speak to the appropriate point of contact for the economic operator established by the authorised officer at the time of the initial inspection (section 3.3.4.6 refers). If this person is unavailable, the authorised officer should request to meet with the person spoken to at the time of the initial site inspection. The authorised officer should explain the purpose of the visit and, in accordance with good practice, should issue the following formal caution to the officer of the company who is to accompany him/her on the inspection in order to ensure that responses to questions can be used in evidence: - “You are not obliged to say anything but anything you do say may be taken down in writing and given in evidence.” As an alternative to the verbal issue of the formal caution, an authorised officer may wish to draw the attention of the officer of the company who is to accompany him/her on the inspection to the formal caution printed on the warrant of his/her appointment (if the caution has been incorporated on the warrant of his/her appointment in accordance with section 3.3.4.2) when presenting the warrant to that officer of the company.

3.6.3.3 The authorised officer shall arrange an early date with the economic operator for the final site inspection. O On arrival at the premises, the officer shall locate the designated corporate contact. Before asking questions, the officer must issue the formal legal caution to the accompanying corporate representative to ensure responses can be introduced in evidence:

“You are not obliged to say anything but anything you do say may be taken down in writing and given in evidence.”

Alternatively, drawing the representative's attention to the formal caution pre-printed on the appointment warrant satisfies this legal requirement.

As an alternative to the verbal issue of the formal caution, an authorised officer may wish to draw the attention of the officer of the company who is to accompany him/her on the inspection to the formal caution printed on the warrant of his/her appointment (if the caution has been incorporated on the warrant of his/her appointment in accordance with section 3.4.2.2) when presenting the warrant to that officer of the companyThe authorised officer should proceed to ask a number of standard questions (see Appendix VI) regarding the economic operator’s activities with regard to the placing / making available of construction products on the market, the application of the CE mark, the availability of Declarations of Performance and technical documentation in addition to any other explanations or information that may have been sought or required from the economic operator. The responses to the questions asked should be recorded in the final site inspection report.

3.6.3.4 The officer shall ask standard questions (see Appendix XII) regarding product availability, CE/CE+ marking application, DoPCD alignment, and DPP electronic registries, logging all responses directly into the final inspection report.During the inspection, the authorised officer should check for compliance or non-compliance with the Regulation (EU) No. 305/2011 and the European Union (Construction Products) Regulations 2013, i.e. is the CE mark displayed on the construction product under inspection, is there a Declaration of Performance, are the instructions and safety information provided in the English language (or in a diagrammatic format that is readily understandable). The authorised officer should familiarise himself/herself with the layout of the premises and the construction products being manufactured on, imported to or distributed from, the premises by the economic operator. The authorised officer may also decide to take samples of the construction product under inspection, photographs and/or take away copies of Declarations of Performance, technical documentation or instructions and safety information, if deemed necessary.

3.6.3.5 During the inspection, the authorised officer should check for compliance or non-compliance with CPR 2011, CPR 2024, and the supporting domestic Regulations, i.e. is the CE mark displayed on the construction product under inspection, is there a valid Declaration of Performance and Conformity, are the instructions and safety information provided in the English language (or in a diagrammatic format that is readily understandable). The authorised officer should familiarise himself/herself with the layout of the premises, fulfilment zones, and the construction products being manufactured on, imported to, distributed from, or stored within the premises by the economic operator. The authorised officer may also decide to take samples of the construction product under inspection pursuant to the marketplace sampling and testing powers of Regulation 9 of the 2025 Regulations, photographs, and/or take away copies or digital extractions of Declarations of Performance and Conformity, technical documentation, environmental declarations, or instructions and safety information, if deemed necessary.On completion of the inspection, a copy of the authorised officer’s final site inspection report should be included on the file for the economic operator. If the required information sought under section 3.4.2 continues to remain outstanding, a Chief Executive’s Order should be prepared for the initiation of legal proceedings against the economic operator for breaches of Regulation (EU) No. 305/2011 and the European Union (Construction Products) Regulations 2013.

3.6.3.6 On completion of the inspection, a copy of the authorised officer’s final site inspection report should be included on the file for the economic operator. If the required information sought under section 3.5.2 continues to remain outstanding, or if the non-compliance persists past the compliance notice window, a statutory Enforcement Notice shall be served under Regulation 12 of the European Union (Construction Products) Regulations 2025, and an enforcement file along with a recommended Chief Executive’s Order should be prepared for the initiation of legal proceedings and prosecution against the economic operator for breaches of Union harmonisation legislation and the European Union (Construction Products) Regulations 2025. Additionally, the final enforcement profile and restrictive measures taken must be logged immediately into the ICSMS platform in accordance with Article 34 of Regulation (EU) 2019/1020.

3.6.4 Chief Executive’s Order

3.6.4.1 Where an economic operator fails to:

respond to a request, a notice in writing, or a reminder, issued from a market surveillance authority,
respond to a request, a notice in writing, or a reminder, issued from a market surveillance authority to the satisfaction of that authority (i.e. only provides partial, incomplete, or falsified technical documentation, performance data, environmental profiles, explanations or supplementary information as appropriate), or
comply with the corrective actions set out in a statutory Compliance Notice or fail to execute the mandates of a formal Enforcement Notice served under the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025) within a specified timeframe,

The market surveillance authority shall initiate formal enforcement and legal action in order to bring the economic operator into compliance with his/her responsibilities under CPR 2011, CPR 2024, and the European Union (Construction Products) Regulations 2025.In the event that legal action is required, the market surveillance will need to procure an original Certificate of Incorporation of the company issued by the Companies Registration Office, and a Certificate of Valuation issued by the Rates Office, in respect of each premises operated by the economic operator.

3.6.4.2 In the event that legal action is required, the market surveillance authority will need to procure an original Certificate of Incorporation of the company issued by the Companies Registration Office, and a Certificate of Valuation issued by the Rates Office, or a relevant electronic rates assessment equivalent, in respect of each premises operated or utilised for commercial distribution by the economic operator.Based on the authorised officer’s final site visit and inspection report, a Chief Executive’s Order is prepared for managerial approval recommending the initiation of legal proceedings for breaches of Regulation (EU) No. 305/2011 and the European Union (Construction Products) Regulations 2013. It is important that the Chief Executive’s Order sets out the specific non-compliances alleged to have been committed by the economic operator (see Appendix VII). The inclusion of exact name of the correct corporate body to be prosecuted is obligatory on the Chief Executive’s Order.

3.6.4.3 Based on the authorised officer’s final site visit and inspection report, is compiled for managerial approval, recommending prosecution for explicit breaches of CPR 2011, CPR 2024, and the European Union (Construction Products) Regulations 2025, ensuring the exact corporate entity name is verified for indictment.

3.6.5 Referral to the law agent

3.6.5.1 When the Chief Executive’s Order is signed, the law agent acting on behalf of the market surveillance authority should be instructed to institute prosecution proceedings against the economic operator concerned as soon as possible within the statutory time limits for summary offenses. In due course, the law agent will prepare the case for prosecution, including the arrangement of court dates, the serving of summonses, and liaising with senior counsel or the state prosecution team. At this stage, the market surveillance authority’s principal function is to ensure that the law agent, and his/her legal team, is supplied with accurate information. Typically, the law agent will require copies of the following:

the Order delegating the duties of the Chief Executive to the Executive Manager (if applicable) in respect of his/her functions under Union harmonisation legislation and the European Union (Construction Products) Regulations 2025;
the Chief Executive’s Order authorising prosecution proceedings against the defendant;
the authorised officer’s initial and final inspection reports, along with any laboratory test results obtained during the laboratory follow-up phase;
details of An Post ‘track and trace’ or verified electronic delivery receipts used in the service of each Compliance Notice, Enforcement Notice, or statutory correspondence issued by the authorised officer;
relevant file correspondence;
a map of the functional area of the market surveillance authority;
the Certificate of Incorporation of the company concerned and an updated print-out from the Companies Registration Office; and
Valuation Certificates in respect of premises or fulfilment centres operated by the economic operator concerned from the Rates Office; and
the Certificate of Appointment of the authorised officer issued under Regulation 8 of the European Union (Construction Products) Regulations 2025.

3.6.6 Issue of summons

3.6.6.1 In due course, the case will be listed for hearing in the District Court (or another Court as appropriate) and the summonses will be served in respect of each alleged breach of CPR 2011, CPR 2024, and the European Union (Construction Products) Regulations 2025 in relation to the economic operator.

3.6.7 Court proofs

3.6.7.1 Typically, the following documents will need to be made available for the attention of the Court:

a copy of CPR 2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, printed and published by the European Commission;
a copy of CPR 2024 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) No 305/2011, printed and published by the European Commission;
a copy of Regulation (EU) 2019/1020 of the European Parliament and of the Council on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and CPR 2011, printed and published by the European Commission;
a copy of the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025) printed and published by the Stationery Office;
the original Chief Executive’s Order authorising prosecution proceedings against the defendant;
a duplicate of the Order delegating the duties of the Chief Executive to the Executive Manager (if applicable);
details of An Post ‘track and trace’ or verified electronic delivery receipts used in the service of each Compliance Notice, Enforcement Notice, or statutory correspondence issued by the authorised officer;
a map of the functional area of the market surveillance authority;
an original Certificate of Incorporation of the defendant company issued by the Registrar at the Companies Registration Office;
Certificates of Valuation issued by the Rates Office, or verified electronic rating equivalents, in respect of premises operated by the economic operator; and
the Certificate of Appointment of the authorised officer issued under Regulation 8 of the European Union (Construction Products) Regulations 2025.

3.6.8 Witnesses

3.6.8.1 The authorised officer is the principal witness in the case for the prosecution. The authorised officer will be called by the prosecution to give evidence, and can expect to be cross-examined by the defence. The principal witness must, in order to be able to give competent and credible evidence:

know the obligations imposed on economic operators by CPR 2011, CPR 2024, Regulation (EU) 2019/1020, and the European Union (Construction Products) Regulations 2025;
have a good working knowledge of the meaning of manufacturer, importer, distributor, authorised representative, fulfilment service provider, online marketplace, construction product, harmonised technical specifications, placing on the market, and making available on the market as defined in the applicable Union harmonisation legislation;
be thoroughly familiar with his/her statutory powers and limits as an authorised officer under Regulations 8, 9, and 10 of the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025), as the defendant may contend that evidence was obtained unlawfully or unconstitutionally;
be familiar with the nature of the defendant's business model, including physical operations and digital or e-commerce distribution networks;
be familiar with all correspondence, electronic communications, phone calls with the economic operator;
be able to prove that construction products are being placed/made available on the market from premises, fulfilment hubs, or digital interfaces operated by the economic operator;
be familiar with the number of the defendant’s business premises and their locations;
be familiar with the layout of the premises e.g. the location of entrances, storage or fulfilment zones, and the location of the construction products under inspection;
be able to describe the construction product, its associated technical data structures (such as the Digital Product Passport or DoP/C profiles), and the physical packaging;
have made appropriate enquiries about the construction products being placed/made available on the market from the Defendant's premises or remote channels during the inspection.

3.6.8.2 Any other person from the market surveillance authority responsible for corresponding with the defendant company may also be called to give evidence. In addition, further to request, field and administrative statements of evidence, including certified extractions from the ICSMS platform or laboratory test logs, may have to be prepared on occasion for the defendant's legal representatives.

3.6.9 Fines and costs

3.6.9.1 In the event of a successful prosecution, any fines imposed by the Court are payable to the market surveillance authority that initiated the proceedings, in accordance with the provisions of the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025).

Under the current statutory framework, an economic operator guilty of an offence is liable:

on summary conviction, to a class A fine (not exceeding €5,000), or imprisonment for a term not exceeding 6 months, or both; or
on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 12 months, or both. If the offence continues after conviction, the operator may be liable for further daily fines as set out under the 2025 Regulations.

Primary responsibility for meeting the costs associated with the instigation of legal proceedings will rest with the market surveillance authority (i.e. the prosecution). These costs may include the fees associated with the engagement of external solicitors, barristers and expert witnesses (if required) in respect of the investigation and prosecution of the offence(s) as well as the costs incurred by the market surveillance authority itself in respect of the investigation of the offence(s). All costs incurred by the market surveillance authority in respect of the investigation and prosecution of the offence(s) should be recorded on an itemised list and submitted to the Court on foot of a successful prosecution. The award of costs is at the discretion of the Judge and the presence of such a list may assist the Judge in his/her decision on whether to award all or part of these costs to the market surveillance authority. It should be noted that a Counsel’s consultation fee is not covered by any Court and will be the responsibility of the market surveillance authority.

3.6.9.2 Primary responsibility for meeting the costs associated with the instigation of legal proceedings will rest with the market surveillance authority (i.e. the prosecution). These costs may include the fees associated with the engagement of external solicitors, barristers, and expert witnesses (if required) in respect of the investigation and prosecution of the offence(s), as well as the engineering, testing, and administrative costs incurred by the market surveillance authority itself, including specialised laboratory testing under the Stage 4 verification phase. All costs incurred by the market surveillance authority in respect of the investigation and prosecution of the offence(s) should be recorded on an itemised list and submitted to the Court on foot of a successful prosecution pursuant to the cost recovery provisions of the European Union (Construction Products) Regulations 2025. The award of costs is at the discretion of the Judge, and the presence of such a list may assist the Judge in his/her decision on whether to award all or part of these costs to the market surveillance authority. It should be noted that a Counsel’s consultation fee is typically not covered by standard Court scales and will be the responsibility of the market surveillance authority.

3.6.9.3 Alternatively, in the event of a Court deciding in favour of the economic operator (i.e. the defendant), the costs incurred by the market surveillance authority will have to be met from within its own resources. In the event that a prosecution is not successful, the Court may decide to award all or part of the costs incurred by the economic operator against the market surveillance authority.

3.6.9.4 In summary, the annual cost involved for a market surveillance authority in taking legal actions will be directly related to the:

number of prosecutions taken;
requirement for expert witnesses or independent accredited testing laboratories,
number of court appearances in any one case;
number of successful or unsuccessful cases; and
the level of consultation required (i.e. with Counsel) and the enforcement mechanism chosen (summary vs. indictment).

Table of Content