Dáil Éireann Debate, Wednesday - 24 March 2021
655. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage the monitoring of CE certified materials being carried out on construction sites to ensure that the materials supplied are in fact CE certified; and if he will make a statement on the matter. [14508/21]
View answer656. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage the role building control units have in taking samples and testing samples of construction materials to ensure that they are CE certification compliant. [14509/21]
View answerI propose to take Questions Nos. 655 and 656 together.
The Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product.
In order to affix the CE marking, most construction products require the intervention of a Notified Body. Notified Bodies are designated bodies that carry out third-party tasks. Under the CPR, Notified Bodies must be established in a Member State and be designated by the Member State’s notifying authority for performing the specific tasks in relation to specific technical standards.
Whilst the CPR concerns itself with the conditions which apply when placing a product on the market, clients, specifiers, designers and builders etc should:
- when drawing up specifications, refer to the harmonised technical specifications and specifically to the requirements of individual characteristics when necessary,
- when choosing the products most suitable for their intended use in construction works, review the manufacturer’s Declaration of Performance,
- check National Annexes or Standard Recommendations which give guidance on appropriate minimum performance levels for specific intended uses of the product in Ireland, and
- ensure compliance with the Building Regulations, in this regard all works should be 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.
Under the European Union (Construction Products) Regulations 2013, each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas. The 31 local authorities have appointed approximately 70 authorised officers.
In addition, in 2020, a new Market Surveillance Unit within the National Building Control Office (NBCO) was established under the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillence) Regulations 2020. The NBCO is a shared service within Dublin City Council which provides oversight, support and direction for the development, standardisation and implementation of building control and market surveillance as an effective shared service in the 31 building control authorities.
Separately, Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 which establishes an EU wide framework for market surveillance, will come into force in 2021.This strengthens the existing provisions in the Construction Products Regulation (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 Union market.
