Market Surveillance of Construction Products

Market Surveillance of Construction Products: Definition

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 (CPR) and do not endanger health, safety or any other aspect of public interest protection.

Market Surveillance Activities

Market Surveillance activities are conducted by Authorised Officers (a person appointed in accordance with Regulation 11 of the Construction Products Regulation) and take the form of proactive and reactive market surveillance of construction products for formal and technical compliance with the CPR.

a) Proactive includes planned market surveillance activity including planned and routine inspections and surveys of products - such inspections may include announced and unannounced inspections.

b) Reactive includes typically, market surveillance activity will be triggered in response to information received from complaints (e.g., from the public, public bodies, contractors, designers, customs, police, or other market surveillance authorities etc.).

Each individual construction product, manufactured to a Harmonised European Standard (hEN) has a specified threshold level of performance (essential characteristics listed in Annex ZA in each hEN). Economic Operators must ensure that the performance of their product meets the threshold levels listed in Annex ZA. Market Surveillance Authorities carry out inspections for compliance (CPR) and give guidance with the stakeholders, (manufacturers, distributors, importers, and authorised representatives (Economic Operators)) involved in the construction sector.

Powers of Authorised Officers under the Construction Products Regulation

Market Surveillance Authorities have appointed authorised officers under Regulation 11 of the European Union (Construction Products) Regulations 2013. These authorised officers have wide ranging powers set out in Regulations 12 to 14 to enter onto premises, for the purpose of inspections, sampling, requesting compliance information etc.

Request/require technical information
Take records, photos or information for evaluation, examination or inspection
Request/require explanations
Take samples for testing
Bring persons/equipment
Respect confidentiality

Responsibilities of Economic Operators

Economic Operators refers to: “Manufacturers”, “Authorised Representatives”, “Importers”, “Distributors”, “Fulfillment Service Providers".

A person shall not make a construction product available on the market other than where there is an economic operator established in the Union, other than a distributor,

The economic operator must perform the following tasks:

(a) verify that the declaration of performance and technical documentation have been drawn up in respect of the construction product concerned, keep the declaration of performance at the disposal of market surveillance authorities for the period required by the CPR and ensure that the technical documentation is made available to those authorities upon request;
(b) further to a reasoned request from a market surveillance authority, provide that authority with all information and documentation necessary to demonstrate the conformity of the construction product concerned in a language which can be easily understood by that authority;
(c) when having reason to believe that a construction product in question presents a risk, inform the relevant market surveillance authorities thereof;
d) cooperate with market surveillance authorities, including, following a reasoned request –
- ensure that the immediate, necessary, corrective action is taken to remedy any case of non-compliance with the requirements set out in the Construction Products Regulation to the construction product in question, or
- where it is not possible to take the immediate, necessary, corrective action referred to in clause (i), to mitigate the risks presented by that construction product –
  - when required to do so by a market surveillance authority, or
  - on its own initiative, where the economic operator concerned considers or has reason to believe that the construction product in question presents a risk.
e) the name, registered trade name or registered trade mark, and contact details, including the postal address, of the economic operator shall be indicated on the product or on its packaging, the parcel or an accompanying document.

Penalties for Non-Compliance

If a Market Surveillance Authority finds a product does not conform with the declared performance or other applicable requirements of the Construction Products Regulations or presents a risk, it may direct the Economic Operator to prohibit or restrict the construction being placed or made available on the market or to recalled it or withdraw it.

Warning - A person guilty of an offence under the European Union (Construction Products) Regulations 2013 is liable:

(a) on summary conviction to a fine up to €5,000 or to a term of imprisonment up to 3 months or to both; or

(b) on conviction on indictment to a fine up to €500,000 or to a term of imprisonment up to 12 months or to both.