Dáil Éireann Debate, Wednesday - 28 June 2023
93. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if his Department was instructed by the NSAI to adopt the European Standards EN771-3 and EN 12620 into the Irish building regulations; and if he will make a statement on the matter. [31676/23]
View answer94. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the reason that in Ireland we operate the Assessment of Verification of Constancy of Performance (AVPC) System 2+ by notified bodies while other EU member states operate a system 4 for EN12620 Aggregates for Concrete and EN771-3 Specification for Masonry Units Part 3: Aggregate Concrete Masonry Units (Dense and Lightweight Aggregates); and if he will make a statement on the matter. [31677/23]
View answerThe 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, for example ‘EN 771-3 Specification for masonry units – Part 3: Aggregate concrete masonry units (Dense and lightweight aggregates)’ and ‘EN 12620:2002+A1:2008 - Aggregates for concrete’, 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 response to the questions, the applicability date for harmonised standards such as EN 771-3 and EN 12620 is set by the European Commission and published in the Official Journal of the EU (OJEU). The OJEU also specifies the date of withdrawal of conflicting national technical specifications, after which presumption of conformity must be based upon harmonised European specifications.
The Assessment and Verification of Constancy of Performance (AVCP) is a harmonised system defining how to assess products and control the constancy of the assessment results. This system safeguards the reliability and accuracy of the Declaration of Performance. Five different systems are in place for construction products in the Construction Products Regulation. They range from large-scale third party involvement (by notified bodies) to self-declaration and monitoring by the manufacturer. The European Commission establishes which systems are applicable for:
• a construction product;
• a family of construction products;
• an essential characteristic.
Notified bodies are the only recognised third party carrying out the assessment of performance of construction products. Notified bodies are designated by EU countries. The tasks of notified bodies are set out in the harmonised technical specifications and may include assessment of the performance of a construction product, certification of constancy of performance, or factory production control certification. A full list of designated Notified Bodies relevant to each harmonised standard may be found on the New Approach Notified and Designated Organisations (NANDO) Information System hosted by the European Commission.
The harmonised technical specifications (harmonised European standard and European Assessment Document) include the technical details for the implementation of the AVCP system. Safety requirements are defined by Member States in their national laws, regulations and administrative provisions. To this end, 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 standards, under the CPR, in the form of Standard Recommendations (S.R.s) which set out appropriate third party oversight and minimum performance levels for specific intended uses of certain construction products in Ireland. Following consideration at the relevant NSAI committees, AVCP system 2+ was set for certain masonry units in S.R. 325 Recommendations for the design of masonry structures in Ireland to Eurocode 6 and certain aggregates in S.R. 16 Guidance on the use of I.S. EN 12620.
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.
Finally, Part D (Material and Workmanship) of the Building Regulations sets out an overarching requirement that all 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. It further notes that proper materials include materials which:
(a) bear a CE marking in accordance with the provision of the Construction Products Regulation;
(b) comply with an appropriate harmonised technical specification (harmonised standard or European Technical Assessment) in accordance with the provision of the Construction Products Regulation; or
(c) comply with an appropriate Irish Standard or Irish Agrément Certificate or with an alternative national technical specification of any EEA country, which provides in use an equivalent level of safety and suitability.
The primary responsibility for compliance with the Building Regulations 1997-2022 rests with the designers, builders and owners of buildings.
