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 (continued) If the response to the Issue a Warning Notice Where a construction Enforcement Authority is requiring, at the expense of product, covered by a rejected, the economic the person on whom it is harmonised European operator must immediately served, to publish a warning Standard1 (hEN) or a take all appropriate notice about products which European Technical corrective actions as directed have already been supplied or Assessment2 (ETA) does not by the enforcement authority are currently being supplied; achieve the declared to bring the product into performance and presents a compliance with the declared Issue a Suspension Notice risk which will not enable the performance or recall or prohibiting the person on construction works to fulfil withdraw it from the market whom it is served from the building requirements for within a reasonable period of supplying products for up to construction works3 time. 6 months. (BRCW). To make the product If action is taken without the available on the market again, economic operator being the Enforcement Authority heard, they shall be given the must be advised of what opportunity to respond as actions have been taken to soon as possible and the put the product into enforcement authority shall compliance with the CPR and promptly review the action their approval for the taken. product’s release is required. Inform the Notified Body4, if applicable.
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.