Construction Products Regulation (EU) No 305/2011 25 th March 2015 John Wickham BSc. Eng, Dip. Struct Eng, CEng, MIEI, MIStructE Chartered Engineer Advisor Building Standards
Overview of Presentation Implementation & Operation of CPR Collaboration Draft Guidelines for Market Surveillance Authorities Market Surveillance Campaigns The Road Ahead Legislative changes Workshops
Simplification, Clarification, Strengthen Credibility Removing barriers to trade and facilitating free circulation of construction products in the EU s Single Market Common Test Methods Common Technical Language Agreed system (AVCP) defining how products are assessed and how the constancy of the assessment results is controlled Reliable information about product performance (Declaration of Performance) Market Surveillance
Benefits of Technical Tools of the CPR Specifiers can better define their performance demands for the specific end use e.g. NSAI Standard Recommendations & National Annexes http://www.nsai.ie/nsai/files/e0/e030b213-c161-48c6-8f8c- 2b0572fb9b1e.pdf Enables end users e.g. builders to purchase the product with the prescribed performance. DoP may be harnessed to readily determine whether the products incorporated into the works are carried out using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used to ensure compliance with the Building Regulations. Review the DoP!!
S.I. 225 of 2013 European Union (Construction Products) Regulations Building control authorities are designated as the principal market surveillance authorities Provides for necessary actions to stop the circulation of construction products that do not comply with all the requirements set out in the CPR (e.g. bans, withdrawals, recalls), require economic operators to bring their construction products into compliance, and/or apply sanctions to non-compliant economic operators. NOTE: responsibility for demonstrating a construction product s compliance with the requirements of the CPR rests with the manufacturer of the product. It is not the responsibility of a market surveillance authority to certify products.
S.I. 225 of 2013 European Union (Construction Products) Regulations What is considered a problem? Product does not meet declared performance Product presents a risk for the fulfillment of the basic requirements Product complies, but nevertheless presents a risk to health and safety Formal non-compliance e.g. no/ incorrect CE Marking, DoP or Tech. Doc etc.
S.I. 225 of 2013 European Union (Construction Products) Regulations Regulations 12 to 14 of S.I. 225 of 2013 provide building control authorities with wide-ranging powers to assist in the execution of their market surveillance activities including powers to enter into buildings or vehicles to undertake such evaluations, examinations, tests or inspections of a construction product, request technical information to ascertain if a construction product is compliant with the requirements of the CPR, take copies of records, or extracts from files, to facilitate the evaluation, examination or inspection of a construction product, take samples of a construction product for testing, issue a notice to require corrective actions to be taken by an economic operator within a specified period of time, and, in the event of a serious risk being identified.
S.I. 225 of 2013 European Union (Construction Products) Regulations What happens when there is a problem? Notice in writing to direct EO to take corrective action within a period of time Notice in writing - to alert EO of an imminent request to Minister Minister issues direction in writing to prohibit/ restrict/ withdraw/ recall product Minister informs Commission and other Member States Minister makes a public notice on the direction
S.I. 225 of 2013 European Union (Construction Products) Regulations Economic Operator Right to appeal Prosecution On summary conviction Class A fine or imprisonment On conviction on indictment Fine not exceeding 500,000 or imprisonment
S.I. 225 of 2013 European Union (Construction Products) Regulations BRAB Information Note on the CPR Circular BC 06-2013 - European Union (Construction Products) Regulations 2013 Circular BC 03-2014 - Delegated Regulation on Electronic Declarations of Performance Circular BC 05-2014 - Market Surveillance of Construction Products - Information Exchange DRAFT Guidelines for Market Surveillance Authorities
DRAFT Guidelines for Market Surveillance Authorities Developed by Market Surveillance Sub-Group To assist building control to promote quality in public service delivery Provides for a consistent approach to the implementation in Ireland of the CPR & S.I. 225 of 2013 Reference guide only/ not legal interpretation Road tested during Market Surveillance campaign 2014 Smoke alarms
DRAFT Guidelines for Market Surveillance Authorities Key Principles Roles & responsibilities
DRAFT Guidelines for Market Surveillance Authorities Market Surveillance in practice Stage 1 - Preliminary Study Stage 2 - Initial site visits and inspections Stage 3 Corrective Actions Stage 4 Final site visits and inspections Stage 5 - Risk Assessment and RAPEX
DRAFT Guidelines for Market Surveillance Authorities Checklists & Sample Letters
DRAFT Guidelines for Market Surveillance Authorities Example CE Marking/ DoPs All AVCP Systems All AVCP Systems AVCP System 1+,1, 2+, 3* Voluntary route to CE Marking Simplified procedures Article 36 Shared or cascaded ITT *Article 37 - Micro Enterprises 10 persons Turnover 2m/ annum
Market Surveillance Campaign 2015 Administrative Cooperative Group (AdCo-CPR) the exchange of information between Member States' authorities concerning national market surveillance mechanisms and adopted solutions to enhance market surveillance activities; the achievement of a uniformly high level of enforcement of Regulation (EU) No. 305/2011; to reduce the overlapping of national surveillance operations; to diffuse good market surveillance practices; to exchange views and solve practical problems.
Market Surveillance Campaign 2015 Windows & doors EN 14351:2006+A1: 2010 AVCP System 3 Identify manufacturers in your area Raise awareness Documentation control and/or testing of products Corrective Actions Reporting Industry reference material: http://www.eurowindoor.eu/uploads/media/ce02_1412 _EN_01.pdf
The Road Ahead Proposed legislative changes to S.I. 225 of 2013 In light of practical experience, it is intended to review regulation with a view to their improvement H1 2015 Upcoming Workshops & events Workshop on Market Surveillance H2 2015 Market Surveillance Campaign 2015
Concluding Remarks 1. The Declaration of Performance (DoP) is a key part of the CPR providing information on the performance of a product Engage with the Common Technical Language REVIEW the DoP! 2. Adopt the DRAFT Guidelines for Market Surveillance Authorities 3. Participate in Market Surveillance Campaign 2015 - Windows & Doors to EN 14351-1:2006+A1:2010
Thank You www.environ.ie/en/developmenthousing/buildingstandards/