FAQs

Retailers (the Construction Products Regulation (CPR) refers to them as distributors) making construction products available on the market on their own (trade) names are indeed considered manufacturers (cf. Article 15). Therefore, they need to draw up their own DoPs for these products.

The involvement of Notified Bodies (see Article 39 of the CPR) depends on the Assessment and Verification of Constancy of Performance (AVCP) system applicable to the product in question (see Article 28 and Annex V of the CPR). This information may be found both in the applicable harmonised standard (hEN) and in the respective Commission Decision on these systems.

To avoid unnecessary administrative burdens, the DoPs and the initial testing serving to draw up the DoP do not need to be repeated, unless the circumstances have changed (for example, the production process and/or the performance of the product have been altered).

However, construction products for which a DoP is issued are subject to continuing testing and surveillance after the first product is placed on the market to ensure that the production process and the performance of the product conforms to these declared under the DoP.

The Declaration of Performance is a key part of the Construction Products Regulation. It provides information on the performance of a product. Each construction product covered by a European harmonised standard or for which a European Technical Assessment has been issued needs this Declaration and has to be CE marked. This helps increase transparency and improves the functioning of the Single Market.

CPR Chapter II Declaration of Performance and CE marking Article 4.​

When a construction product is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.

There is no period of validity for the CE marking. However, the EU Declaration of Conformity (DoC) that is required for the CE marking must be kept up to date. In case any of the elements of the DoC change, the version of the Declaration must be updated. Changes may be, for example, a modification of the legislation, in the product, or in the contact details of the manufacturer or authorised representative.

For imported products, the importer must ensure that the product is accompanied by the DoC and must keep a copy of it for 10 years after the product has been placed on the market.

The CE marking must be visible, legible and indelible.

The CE marking must consist of the initials "CE", both letters should have the same vertical dimension and be no smaller than 5mm (unless specified differently in the relevant product requirements).

If you wish to reduce or enlarge the CE marking on your product, you should respect the proportions of the two letters. As long as the initials remain visible, the CE marking can take different forms (for example colour, solid or hollow).

If the CE marking cannot be affixed to the product itself, you can affix it to the packaging if there is any, or to any accompanying documents. If your product is subject to several EU directives/regulations which require a CE marking to be affixed, the accompanying documents must indicate that your product conforms to all applicable EU directives/regulations.

You can download the CE marking image files from the DG GROW portal.

As the product's manufacturer, you bear sole responsibility for declaring conformity with all requirements. You don't need a license to affix the CE marking to your product, however, before doing so, you must:

• ensure conformity with all relevant EU-wide requirements
• determine whether you can assess your product by yourself or if you have to involve a notified body
• put together a technical dossier documenting conformity: find out about technical documentation
• draft and sign an EU declaration of conformity

Once your product bears the CE marking — if the competent national authority requests — you must provide them with all the information and supporting documentation concerning CE marking.

In the context of marketing of construction products, the UKCA (UK Conformity Assessed) marking is a new UK marking that is used for products (including construction products) being placed on the market in Great Britain (England, Wales and Scotland). It covers the same range of construction products which (under the CPR) require CE Marking when placed on the EU Market i.e. those covered by harmonised technical specifications.​

Whilst there is scope for dual marking on construction products, the UKCA marking (as any third country marking) can be affixed to a product which bears the CE Marking provided that such marking does not create confusion with the CE Marking. This confusion may either refer to the meaning or the form of CE marking (Article 30(5) of Regulation 765/2008). Therefore, the UKCA marking as well as any other information concerning UK legislation must be separate from the CE Marking and information concerning EU legislation. This applies also to the Declaration of Performance under EU law.​

Where building control officers come across a construction product labelled with UKCA by itself i.e. without a CE Marking, this would indicate that the construction product has been marketed unlawfully.​

The suggested action to be take is as follows:​

 1.       Building Control Officers (BCO)/ Authorised Officers (AO) should bring the matter to the attention of National Building Control Office (DCC-NBCO) (support@nbco.gov.ie), who can liaise with the BCO/AO and make follow up enquiries with the economic operator/ enforcement, as necessary.​

 2.       In accordance with the DCC-NBCO Memo of Understanding with Customs, DCC-NBCO may need to supply Customs with specific details of construction products they require to be controlled by Customs. A general risk-based intervention to consider may be:​

 a.        Where construction products are identified to bear UKCA marking and the CE Marking/ DoP is absent, such products should not be cleared for free circulation until DCC-NBCO has indicated that the product can be released.​

The CE marking indicates that a construction product is in conformity with its declared performance and that it has been assessed according to a harmonised European standard or a European Technical Assessment has been issued for it.

The new Market Surveillance Regulation (EU) 2019/1020 obliges economic operators in the EU to share information and cooperate with market surveillance authorities. This guidance document explains the communication channels between economic operators and market surveillance authorities to ensure that sellers of certain categories of products have a designated representative established in the EU.

‘MARKET SURVEILLANCE’ means the activities carried out and measures taken by a market surveillance authority to ensure that construction products comply with the requirements set out in the Construction Products Regulation and do not endanger health, safety or any other aspect of public interest protection: https://single-market-economy.ec.europa.eu/single-market/goods/building-blocks/market-surveillance_en

EU market surveillance legislation provides

• clear and uniform rules applying to non-food products and economic operators
• requirements (infrastructure, organisation, legal powers, etc.) to ensure that market surveillance can cope with enforcing EU legislation
• streamlined market surveillance procedures for controlling products within the EU and at its borders (import controls)
• tools to coordinate activities carried out by national surveillance bodies across the EU (e.g. discussion forums, IT databases, and common market surveillance campaigns)

This document provides an overview of EU harmonisation legislation covered by Regulation (EU) 2019/1020 on market surveillance and compliance of products. It is a non-binding guidance document, which is only intended to facilitate the application of the regulation.

The Market Surveillance Regulation (EU) 2019/1020 obliges economic operators in the EU to share information and cooperate with market surveillance authorities. This guidance document explains the communication channels between economic operators and market surveillance authorities to ensure that sellers of certain categories of products have a designated representative established in the EU.

This document provides an overview of penalties in EU countries for violations of Regulation (EU) 2019/1020 (Market Surveillance Regulation) as well as breaches of Union harmonisation legislation listed in Annex II of the regulation.

EU countries notified the penalties listed in the document to the European Commission under Article 41(3) of the regulation. Some EU countries provided specific provisions, and some provided references to their legislation. The document will be updated with additional information when the Commission receives it.

Please note that the information provided in this document is for information purposes only and is not legally binding. For complete and up-to-date information, please consult the market surveillance authorities of the respective EU countries.

Retailers (the Construction Products Regulation (CPR) calls them distributors) shall ensure that the product, where required, bears the CE marking and is accompanied by a copy of the declaration of performance and, where applicable, safety data sheets (see Art. 6(5) of the CPR)), and by instructions and safety information, in a language determined by the Member State where the product is made available (see list of languages required by Member States.

Construction Products Regulation and the CE Marking​

The construction products regulation (CPR) which came into effect on 1st July 2013 supersedes the construction products directive in its entirety.  The CPR has, for the first time, introduced mandatory CE marking in Ireland for all construction products covered by a harmonised standard.​

​The harmonised standard (hEN)  I.S. EN 13242:2002+A1:2007 “Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction”, applies to ALL such materials that are to be placed on the market for use in building and civil engineering works.  This has the effect of ensuring that all aggregates legally placed on the market MUST bear the CE mark and carry a declaration of performance (DOP).​

​Traditionally in Ireland it had been the practice in specifying aggregates to use the UK’s “Specification for Highway Works”.  This document specifies a large number of aggregates for specific purposes, and these are commonly known as “Series 600” or “Series 800” aggregates.  The Specification for Highway Works also defines material characteristics required for specific uses and these characteristics may differ, or be at variance with, the Essential Characteristics identified in I.S. EN 13242:2002+A1:2007.  Should manufacturers find that their customers have used the Specification for Highway Works (or any other technical specification) this does not relieve them of the responsibility to place the CE mark on their product.  In such cases, manufacturers must bear in mind that only values relating to the Essential Characteristics identified in Annex ZA of I.S. EN 13242:2002+A1:2007 can appear on the DOP.  In addition, the DOP is the only place any information may be provided that relates to these Essential Characteristics.  It is therefore not possible to declare No Performance Determined (NPD) on the DOP yet provide additional technical data that states performance relating to the essential characteristics elsewhere.  Information of any additional property, or conformation that the material complies with another technical specification (cl.804 etc.), can be provided as additional technical information in the form of test reports etc.  This additional information lies outside the scope of the hEN and the CPR.​

ECONOMIC OPERATOR’ means a natural or legal person who is a: • “MANUFACTURER”, -(a) manufactures a construction product, or (b) has a construction product designed or manufactured, and markets that product under its name or trademark; • “AUTHORISED REPRESENTATIVE”, -written mandate (specified tasks) from a manufacturer to act on its behalf • “IMPORTER”, - established within the Union who places a product from a third country on the Union market; • “DISTRIBUTOR”, - in the supply chain (not manufacturer/importer), who makes product available on the market; • “FULFILMENT SERVICE PROVIDER”- offering, in the course of commercial activity, without having ownership of the construction products involved, at least two of the following services: (a) warehousing; (b) packaging; (c) addressing; (d) dispatching; (not postal/parcel/freight transport/delivery )

Manufacturers (Economic Operators) of aggregate concrete blocks must have the following information available: 

1. A copy of the CE Mark.
2. A valid Declaration of Performance (DOP).
3. Test Reports to support the declared performance of essential characteristics including in the Declaration of Performance.
4. Records to confirm that the constituent aggregate conforms to EN 12620:2002+A1:2008 - Aggregates for Concrete.
5. Records to confirm that the national provisions set out in S.R. 16:2016 Guidance on the use of I.S. EN 12620:2002+A1:2008 - Aggregates for Concrete have been adhered to.
6.  Certificate of Conformity of the Factory Production Control (FPC) in place for Category I blocks (ACVP System 2+).
7. The Instructions and safety information relating to the product. 
8. The means by which products within the scope of EN 771-3 are placed, or made available on the market can be identified and traced throughout the supply chain.

Regulation EU CPR 305/2013, the EU Construction Products Regulation prescribe:

A ‘construction product’ means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works; ​

The "basic requirements" for construction works set out in Annex I shall constitute the basis for the preparation of standardisation mandates and harmonised technical specifications. Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in particular the health and safety of persons involved throughout the life cycle of the works. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life. ​

The seven basic requirements for construction works as set out in Annex I to the Construction Products Regulation are:​

• Mechanical resistance and stability.​

• Safety in case of fire.​

• Hygiene, health and the environment.​

• Safety and accessibility in use.​

• Protection against noise.​

• Energy economy and heat retention.​

• Sustainable use of natural resources.​

‘essential characteristics’ means those characteristics of the construction product which relate to the basic requirements for construction works; ​

‘intended use’ means the intended use of the construction product as defined in the applicable harmonised technical specification.

It is the documentation which the manufacturer considers appropriate in order to justify the manner he uses to declare the performance of the product in the cases foreseen in Article 36 of the CPR.

In the case of Article 36(1)a the Appropriate Technical Documentation may e.g. be used to demonstrate that the specific conditions are met for the application of a Commission Decision defining the reaction to fire class of the product.

In the cases of Article 36(1)b or 36(1)c the Appropriate Technical Documentation may e.g. consist of the test results obtained by another manufacturer, or the system provider, together with his authorisation to use these results, and the justifications for the correspondence of the products in question (point b) or for due respect of the instructions given (point c).

It is understood that the Appropriate Technical Documentation could well be different from one situation or construction product to the other, according to the particularities of each case. It will be kept by the manufacturer of the construction product in the technical file of the product in order to allow him to properly justify the Declaration of Performance in case market surveillance or other authorities require so. 

Any supply of the (individual) construction product for the first time within the European Internal Market for distribution or use in the course of a commercial activity, whether in return for payment or free of charge.

NB: Every product or batch of products (that is, every window or every package / truckload of bricks) is placed on the market individually. The fact that similar products have been marketed before, does not change this. Therefore, manufacturers have to draw up a Declaration of Performance (DoP) and affix the CE marking pursuant to the Construction Products Regulation (CPR) for all the products entering the market from 01/07/2013 onwards, even if similar products had been commercialised before this date.

The Construction Products Regulation  is the directly applicable legislation in every EU Member State. Therefore in such cases, of course, it is this legislation which prevails. The consequence is that such conflicting clauses of standards cannot be applied.

The CEN Technical Committees have undertaken the work to iron out the soonest possible any such inconsistencies in the harmonised standards but it can not be excluded that some inconsistencies may remain after 01/07/2013, presumably for a short time only.

Conformity assessment is a service to manufacturers in an area of public interest. It is the responsibility of the EU country to notify conformity assessment bodies within their jurisdiction according to principles laid down in Decision 768/2008/EC. Notified bodies

• are free to offer their conformity assessment services to any economic operator inside or outside the EU
• may carry out these activities on the territory of other EU countries or non-EU countries
• must operate in a non-discriminatory, transparent, neutral, independent, and impartial manner
• must employ the necessary personnel, with sufficient knowledge and experience to carry out the conformity assessment in accordance with the law(s) in question
• must make adequate arrangements to ensure the confidentiality of the information obtained in the course of conformity assessment
• must be adequately insured to cover their professional activities, unless liability is assured under the national legislation of the notifying EU country
• must provide information to their notifying authority, the market surveillance authorities, and other notified bodies

Manufacturers are free to choose any notified body that has been legally designated to carry out the conformity assessment procedure.

A notified body is an organisation designated by an EU country to assess the conformity of certain products before being placed on the market. These bodies carry out tasks related to conformity assessment procedures set out in the applicable legislation, when a third party is required. The European Commission publishes a list of such notified bodies.