Issue of Non-compliance Market Surveillance Authority’s Initial Actions Outcome of the Market Surveillance Evaluation Subsequent Actions by the Enforcement Authority/Member State Necessary Actions by the Relevant Economic Operator Where a construction product, covered by a harmonised European Standard1 (hEN) or a European Technical Assessment2 (ETA) does not achieve the declared performance and presents a risk which will not enable the construction works to fulfil the building requirements for construction works3 (BRCW). The authority will carry out an evaluation of the product to determine if the product does comply with the respective requirements of the CPR. The product does not comply with the requirements of the CPR. Will inform the relevant economic operator of the findings of the evaluation together with the legal remedies available within the UK and the time limits which apply to these remedies. A person guilty of breaching the regulation or contravening any Notices issued by the Enforcement Authority is liable, on summary conviction, to imprisonment for up to 3 months and/or a fine not exceeding £5,000, depending on the offence. The Enforcement Authority may take any one of 3 course of action: - Issue a Prohibition Notice prohibiting the person on whom the notice is served, form supplying any construction product described in the notice, including a requirement to withdraw or recall the product; Upon receipt of instructions from the Enforcement Authority to bring the product into compliance with its declared performance or to withdraw or recall it from the market, the economic operator shall be given an appropriate period of not less than 10 days to reply, unless there is an urgency to the measure being taken e.g. issues of health and safety or other grounds for public interest. Further representation can be made to the person appointed by the authority to consider the matter before he makes his report on which the enforcement authority will base their final judgement. Such representation can be made orally or in writing but Economic Operators need to be aware of the different time periods allocated to each method during the various stages of the process.
Issue of Non-compliance Market Surveillance Authority’s Initial Actions Outcome of the Market Surveillance Evaluation Subsequent Actions by the Enforcement Authority/Member State Necessary Actions by the Relevant Economic Operator (continued) Where a construction product, covered by a harmonised European Standard1 (hEN) or a European Technical Assessment2 (ETA) does not achieve the declared performance and presents a risk which will not enable the construction works to fulfil the building requirements for construction works3 (BRCW). Issue a Warning Notice requiring, at the expense of the person on whom it is served, to publish a warning notice about products which have already been supplied or are currently being supplied; Issue a Suspension Notice prohibiting the person on whom it is served from supplying products for up to 6 months. If action is taken without the economic operator being heard, they shall be given the opportunity to respond as soon as possible and the enforcement authority shall promptly review the action taken. Inform the Notified Body4, if applicable. If the response to the Enforcement Authority is rejected, the economic operator must immediately take all appropriate corrective actions as directed by the enforcement authority to bring the product into compliance with the declared performance or recall or withdraw it from the market within a reasonable period of time. To make the product available on the market again, the Enforcement Authority must be advised of what actions have been taken to put the product into compliance with the CPR and their approval for the product’s release is required.
Issue of Non-compliance Market Surveillance Authority’s Initial Actions Outcome of the Market Surveillance Evaluation Subsequent Actions by the Enforcement Authority/Member State Necessary Actions by the Relevant Economic Operator (continued) Where a construction product, covered by a harmonised European Standard1 (hEN) or a European Technical Assessment2 (ETA) does not achieve the declared performance and presents a risk which will not enable the construction works to fulfil the building requirements for construction works3 (BRCW). Any measures taken shall be promptly withdrawn or amended upon the economic operator demonstrating that they have taken effective action as directed. If the economic operator fails to take adequate corrective action, the Enforcement Authority shall take all appropriate measures to prohibit or restrict the product being made available in the market or to withdraw or recall it. Inform without delay, the Commission and other member States of the measures taken. If the product is compliant with the requirements of the CPR. Informs the economic operator of the results and that no action is being taken. Continue to make the product available on the market.