Market Surveillance of Construction Products
While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Chapter III of Regulation (EU) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/9.
In Ireland, the European Union (Construction Products) Regulations 2013 (S.I. No.225 of 2013 provide for the:
- market surveillance of construction products having regard to the requirements of the CPR and Regulation (EU) No. 765/2008,
- establishment of building control authorities as the market surveillance authorities for construction products (although the Minister has power to appoint other competent authorities to undertake market surveillance in respect of specific products areas),
- appointment of authorised officers and their powers in respect of market surveillance,
- offences, penalties and prosecutions, and
- the destruction or disposal of construction products where a person has been convicted on indictment of certain offences under the regulations.