Non-compliant construction products
If a market surveillance authority suspects that a CE-marked construction product does not fulfil the performance levels declared for it and presents a risk for the fulfilment of the basic requirements of the construction work, the market surveillance authority must assess the product in question. Such assessment shall be carried out with the help of a request on a report sent to the economic operator responsible for the conformity of the product, requesting the information necessary for the assessment of the product.
The relevant economic operator must cooperate with the market surveillance authority in every possible way to resolve the matter.
If it is detected upon assessment of the construction product that the product does not fulfil the requirements under the Construction Products Regulation, the economic operator responsible for the conformity of the construction product shall be obliged to take all actions necessary to rectify the matter.
A reasonable period shall be prescribed for corrective actions to be carried out by the economic operator that are commensurate with the nature of the risk posed by the construction product.
If any deficiency detected during the assessment of the construction product is not limited to the Finnish market, the market surveillance authority shall inform the Commission and the market surveillance authorities of the other Member States of the results of the assessment of the product and the actions required from the economic operator.
Applicable market surveillance measures include
- rectification of formal non-compliance → rectification of deficiencies observed in the CE marking and related documentation
- prohibition of delivery → the making available of the construction product on the market is restricted
- prohibition of sale → the making available of the construction product on the market is prohibited
- recall procedure → the construction products are recalled from the market.
Prohibition of delivery and sale and the recall procedure shall be used if the economic operator has not, within the time prescribed, carried out the corrective actions required by the market surveillance authority.
All market surveillance measures are temporary procedures that will be eliminated after the economic operator has carried out the corrective actions necessary.
Any decisions on the prohibition of delivery or sale and recall procedures as well as decisions cancelling them are published on the Tukes website.
The economic operator responsible for the conformity of the construction product must ensure that all appropriate corrective actions are taken in all those European Union countries where the economic operator has made the product available on the market.
The market surveillance authority shall report any market surveillance measures against a construction product to the notified body (NB) or technical assessment body (TBA) if it has participated in the assessment and verification of constancy of performance of the construction product.
Compliant construction products which present a risk to health and safety
It may be stated during the assessment of a construction product that it complies with the requirements of the Construction Products Regulation. Nevertheless, it may present a risk to the fulfilment of the basic requirements for construction works, to the health or safety of persons or to other aspects of public interest protection. In such a case, the economic operator responsible for the conformity of the construction product shall be obliged to take all corrective actions necessary.
The matter shall be reported immediately to the European Commission and the other EU Member States. The Commission shall enter into consultation with the Member State and the relevant economic operator and shall evaluate the national measures taken. On the basis of such an evaluation, the Commission shall decide whether the market surveillance measure carried out by the market surveillance authority is justified or not and, where necessary, propose appropriate measures.