Dáil Éireann Debate, Tuesday - 15 June 2021
572. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if he plans to amend the legislation regarding the standard for testing of concrete blocks used by National Standards Authority of Ireland; and if he will make a statement on the matter. [30643/21]
View answer573. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the details of the way that non-conforming products are removed from the market place by the National Standards Authority of Ireland; if he plans to amend the powers of the Authority to ensure that defective products do not end up on the market; and if he will make a statement on the matter. [30644/21]
View answer616. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the regulations that are currently in place to ensure that manufacturers here do not allow deleterious minerals such as pyrite or MICA to be present in the constituent aggregate of concrete blocks; the person or body that is responsible for enforcing these regulations; and if he is satisfied that they are enforcing same. [31417/21]
View answerI propose to take Questions Nos. 572, 573 and 616 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 do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.
In relation to the concrete blocks, the relevant suite of harmonised standard facilitating specification of masonry units is the EN 771 (series). ‘I.S. EN 771-3:2011+A1:2015’ deals with aggregate concrete masonry units. In this regard, National Standards Authority of Ireland (NSAI) has published additional guidance in the form of ‘S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland to Eurocode 6’ which sets out appropriate minimum performance levels for specific intended uses of, inter alia , EN 771(series) in Ireland.
In respect of aggregates for concrete, NSAI has published ‘S.R. 16:2016 Guidance on the use of I.S. EN 12620:2002+A1:2008 - Aggregates for concrete’ which outlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production, including the requirement for independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).
The manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product he or she is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI.
Whilst the CPR focuses on 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 published by NSAI, which give guidance on appropriate minimum performance levels for specific intended uses of the product in Ireland, and
ensure compliance with the Building Regulations 1997 to 2019, 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.
The NSAI is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment. NSAI is not an enforcement body for the purposes of the marketing rules applicable for 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.
Under the European Union (Construction Products) Regulations 2013 (S.I. No.225 of 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.
In addition, the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020 (S.I. 682 of 2020) appointed Dublin City Council as a competent authority for the carrying out of market surveillance functions under the European Union (Construction Products) Regulations 2013 for all related construction products on a nationwide basis. Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit has recently been established for this purpose. DCC-NBCO may be contacted at: support@nbco.gov.ie. Building control authorities will liaise with DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.
Market surveillance activity should enable non-compliant products to be identified and kept or taken off the market with unscrupulous and/or criminal economic operators prosecuted and penalised for their actions. In this context, it is important to note that the overarching objective of a market surveillance authority is to ensure that compliant products are placed on the market. Where non-compliance is identified, market surveillance activities should be designed to encourage economic operators to take appropriate corrective actions to redress the position within a reasonable period of time.
Market surveillance authorities have significant powers including to obtain access to the place of manufacture or storage, request technical information, select samples of the construction product and carry out evaluations, examination or tests on such samples. Where construction products are placed on the market which do not comply with the requirements set out in the CPR, market surveillance authorities have powers to direct the relevant economic operator to take the necessary corrective actions to bring the product into compliance. Where this does not work, there are further procedures that may result in the product being withdrawn or recalled from the market, its use subject to special conditions, or the products availability on the market being prohibited or restricted.
Pursuant to Article 18(5) of Regulation (EC) 765/2008, Ireland’s National market surveillance programme 2021 is published on the website of the European Commission. Section 2.5 provides specific details with the market surveillance of construction products and outlines a market surveillance campaign led by DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR.
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 EU market.
