Dáil Éireann Debate, Tuesday - 26 July 2022
628. Deputy Joe McHugh asked the Minister for Housing, Local Government and Heritage if he will provide an update on quality control checks and measures at quarries that produce 4-inch, 6-inch and 12-inch concrete blocks and reinforced lintels; and if he will make a statement on the matter. [39795/22]
View answerThe Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU, from 1 July 2013. Where a construction product, covered by a harmonised standard (including concrete blocks and reinforced lintels), 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.
The National Standards Authority of Ireland (NSAI), is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment. NSAI has produced additional guidance to some harmonised (including concrete blocks, aggregates for concrete and lintels) in the form of Standard Recommendations (SRs) which set out appropriate minimum performance levels for specific intended uses of certain construction products in Ireland.
In relation to the specification of aggregate concrete blocks and lintels, the relevant harmonised standards are ‘I.S. EN 771-3:2011+A1:2015 - Specification for masonry units - Part 3: Aggregate concrete masonry units (Dense and lightweight aggregates’ and ‘EN 845-2:2013+A1:2016 - Specification for ancillary components for masonry - Part 2: Lintels’, respectively. 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 provides, inter alia, guidance on lintels, the choice of masonry units and mortar classes most appropriate for particular situations as regards durability for finished work in Ireland. S.R. 325:2013+A2:2018/AC: 2019 recommends the use of Category 1 aggregate concrete blocks, which requires independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).
In relation to the manufacture of lintels, the manufacturer is responsible for factory production control but the performance on the basis of testing must be assessed by a notified laboratory.
A full list of designated Notified Bodies (including notified laboratories), for construction products may be found on the New Approach Notified and Designated Organisations (NANDO) Information System hosted by the European Commission.
Ultimately, 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.
My Department recently published ‘A Guide to the Marketing and Use of Aggregate Concrete Blocks to EN 771-3 in Ireland’ which is available on the Department’s website. This guide aims to facilitate clearer communication within the supply chain regarding the declared performance of essential characteristics of concrete blocks having regard to national provisions in Ireland. Guidance is also provided for specifiers, designers, builders, certifiers and end users who when specifying and choosing aggregate concrete blocks, they should ensure that the construction products are fit for intended use and the conditions in which they are to be used. Appropriate specifications and choices will help secure compliance with the Building Regulations 1997 to 2021. This Guide was disseminated to all building control authorities, the National Building Control and Market Surveillance Office (NBCMSO), industry stakeholders and interested parties.
While the CPR came into force in July 2013 and has direct legal application across the entire European Union, 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 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011.
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 and Market Surveillance Office (NBCMSO) Market Surveillance Unit has been established for this purpose. Building control authorities liaise with NBCMSO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.
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 NBCMSO, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR. The 2022 programme is currently being finalised and is expected to continue to focus on the extractive industries sector and expand upon the programme commenced in 2021.
In October of last year I requested National Building Control and Market Surveillance Office, in partnership with Donegal County Council and Geological Survey Ireland, to carry out a Market Surveillance Audit of all quarries in Donegal. I received a draft report of this audit at the end of June. Some queries have arisen on examination of the report and additional information has been sought from the authors of the report. Once I receive the final report I will give full consideration to its contents.
In addition to the initiatives above, Market Surveillance Authorities respond to complaints raised. Therefore any information on suspected non-compliance should be submitted in writing (detailing as much information as possible) to either the appropriate local Market Surveillance Authority and/or the National Building Control Office and Market Surveillance Office (NBCMSO). The Local Market Surveillance Authority may be contacted through the City or County Council. NBCMSO may be contacted at: support@nbco.gov.ie.
