4.3 Statistical data and reporting

4.3.1     While there are no explicit reporting requirements on market surveillance authorities under CPR 2011, Article 25 and Article 34 of Regulation (EU) 2019/1020 mandate that Member States continuously monitor, review, and assess the functioning and effectiveness of their surveillance activities. Quantitative and qualitative enforcement data must be systematically logged into the ICSMS platform. This data is utilised by the European Commission to generate single-market compliance reviews at least every four years, which are communicated to the European Parliament, the Council, and made available to the public.

4.3.2     While some of the information required by the European Commission is descriptive in nature, relating to national market surveillance structures, their organisation, statutory powers, human resources, and budgets, granular statistical data is also sought in relation to market surveillance activity on the ground. Accordingly, it is mandatory that market surveillance authorities keep accurate digital records of their market surveillance activities and ensure they are structured for direct compatibility with ICSMS data fields under the following broad heading:           

• Total No. of construction product-related complaints;
• No. of formal complaints by industry concerning unfair competition or non-compliant products available via digital interfaces;
• Total No. of inspections, broken down by:
  
  • No. of reactive inspections undertaken on foot of a complaint,
  • No. of self-initiated proactive inspections, including physical and remote/online marketplace audits, and
  • No. of inspections prompted by the Revenue Commissioners (i.e. Customs);
• Assessment of product compliance based on:
  
  • Tests performed in accredited independent or state laboratories,
  • Checks of products and/or documentation e.g. CE Mark, Declaration of Performance and Conformity (DoPCD) datasets, and machine-readable Digital Product Passport (DPP) registries;
• No. of inspections/assessments resulting in:
  
  • A finding of non-compliance,
  • Corrective actions being taken by the relevant economic operator pursuant to a Compliance Notice (i.e. voluntary or regularised measures),
  • Restrictive measures being taken by the market surveillance authority pursuant to an Enforcement Notice or Ministerial Direction;
• No. of successful prosecutions i.e. where sanctions/penalties were applied by the Courts (summary or on indictment);
• No. of inspections where market surveillance authorities from other Member States were involved via joint actions, mutual assistance, or AdCo-CPR coordinated sweeps.