Market Surveillance Outcome of the Subsequent Actions by Necessary Actions by Issue of Authority’s Market Surveillance the Enforcement the Relevant Non-compliance Initial Actions Evaluation Authority/Member Economic Operator State Where a construction The authority will carry out an The product does not Will inform the relevant Upon receipt of instructions product, covered by a evaluation of the product to comply with the economic operator of the from the Enforcement harmonised European determine if the product does requirements of the CPR. findings of the evaluation Authority to bring the Standard1 (hEN) or a comply with the respective together with the legal product into compliance with European Technical requirements of the CPR. remedies available within the its declared performance or Assessment2 (ETA) does not UK and the time limits which to withdraw or recall it from achieve the declared apply to these remedies. the market, the economic performance and presents a operator shall be given an risk which will not enable the A person guilty of breaching appropriate period of not less construction works to fulfil the regulation or contravening than 10 days to reply, unless the building requirements for any Notices issued by the there is an urgency to the construction works3 Enforcement Authority is measure being taken e.g. (BRCW). liable, on summary conviction, issues of health and safety or to imprisonment for up to 3 other grounds for public months and/or a fine not interest. exceeding £5,000, depending on the offence. Further representation can be made to the person The Enforcement Authority appointed by the authority to may take any one of 3 course consider the matter before of action: - he makes his report on which the enforcement authority Issue a Prohibition Notice will base their final judgement. prohibiting the person on whom the notice is served, Such representation can be form supplying any made orally or in writing but construction product Economic Operators need to described in the notice, be aware of the different time including a requirement to periods allocated to each withdraw or recall the method during the various product; 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 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.