Legislative Framework for Market Surveillance of Construction Products in Ireland
Legislative Framework
The European Union (Construction Products) Regulations 2013 (S.I. No. 225 of 2013) as amended by European Union (Construction Products) (Amendment) Regulations S.I. 217 of 2023 gives effect to Regulation (EU) No. 305/2011 of the European Parliament and of the Council of 9 March 2011 (CPR) and Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 (MSR), and prescribed Dublin City Council (DCC) / National Building Control and Market Surveillance Office as being the competent National Authority for the purpose of Product Areas 1-35 as set out in ANNEX IV of Regulation (EU) No. 305/2011. The National Building Control and Market Surveillance Office (NBC&MSO) is a shared service of the 31 Local Authorities, who act as Market Surveillance Authorities (MSA) with respect to construction products.
European Union (Construction Products) (Amendment) Regulations 2023 should be read in tandem with Regulation (EU) 305/2011 Construction Products Regulations (CPR) and Regulation (EU) 2019/1020 Market Surveillance Regulations (MSR) to obtain a complete view of:
- - the obligations on Economic Operators in respect of construction products,
- - the requirements for the marketing of construction products covered by the CPR,
- - the market surveillance procedures to be followed,
- - the powers granted to Market Surveillance Authorities and the National Building Control and Market Surveillance Office, and
- - the role of National Competent Authorities.
Regulation (EU) 305/2011 - Construction Products Regulation (CPR)
The Construction Product Regulation (EU) No 305/2011 sets the rules for the marketing of construction products in the EU. The CPR has direct legal application across the entire European Union since entering into force on 1 July 2013. The primary purpose of the CPR is to break down technical barriers to trade in order to ensure the free movement of construction products across Member States within the European Union. It does this by harmonising those elements that previously led to barriers to trade. In this regard, the CPR provides for:
- a system of harmonised technical specifications (over 440 harmonised European standards for construction products (hENs) are currently in force’
- an agreed system of attestation of conformity and verification of constancy for each product family (as set out in the harmonised technical specifications),
- a framework of notified bodies, and
- the mandatory CE marking of construction products as a passport to the internal market.
The CPR requires that each construction product, for which a harmonised European standard (known as a hEN) exists, has a Declaration of Performance from the manufacturer and must be affixed with the CE Mark before it can be placed on the market. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the hEN. The manufacturer must also take into consideration the national provisions in relation to the intended use or uses of the product, where the manufacturer intends the product to be made available on the market. In this regard, the National Standards Authority of Ireland (NSAI) has produced additional guidance to some hENs in the form of Standard Recommendations (SRs) which set out appropriate minimum performance levels for specific intended uses of the product in Ireland.
Regulation (EU) 2019/1020 - Market Surveillance Regulation (MSR)
The Market Surveillance Regulation (MSR) came into full effect across EU member states in July 2021. The MSR applies to non-food products, covered by 70 distinct pieces of Union harmonisation legislation, one of which is the CPR. The MSR establishes an EU wide framework for market surveillance. It strengthens the existing provisions of the CPR (and other Union harmonisation legislation), relating to the compliance of products, the framework for cooperation with organisations representing economic operators or end users, the market surveillance of products and controls on products entering the EU market, with a view to ensuring the free movement of compliant products within the EU. The MSR aims to ensure products on the EU single market do not endanger consumers by providing for actions such as product withdrawals and recalls, alongside enforcement action to stop the circulation of non-compliant products.
The MSR provides for each country to have a single liaison office for the purpose of coordinating (EU) 2019/1020. In Ireland’s case it is the Competition and Consumer Protection Commission (CCPC). The MSR also provides a set of enhanced powers for Market Surveillance Authorities (MSAs), for example the power to make test purchases under cover identity, and to require the removal of online content to ensure an effective level of market surveillance of construction products.
