Jimmy Deenihan (Kerry North-West Limerick, Fine Gael) | Oireachtas source

I thank Deputy Fitzmaurice for raising this issue and for providing an in-depth overview of the challenges faced by the introduction of this regulation.

In general, the implementation of the construction products regulation setting out requirements regarding the CE mark for structural steel is a matter for the Department of the Environment, Community and Local Government. Under the construction products regulation which came into full and direct effect across the European Union on 1 July 2013, all construction products covered by a European harmonised standard require a declaration of performance and be CE marked before such products can be placed on the market. From 1 July 2014, the requirements of the construction products regulation applied to steel fabricators whose products fall within the scope of IS EN 1090-1:2009.

A European harmonised standard for steel, EN 1090-1:2009, execution of steel structures and aluminium structures - part 1: requirements for conformity assessment of structural components, was approved by CEN, the European Committee for Standardisation, on 15 June 2008 and was first published on 1 July 2009. The standard was subsequently published by the National Standards Authority of Ireland on 9 September 2009. The standard's applicability date as a harmonised European standard was 1 January 2011, as agreed by the European Commission in consultation with member states.

The Department of the Environment, Community and Local Government informs me that, subsequently, the European Commission extended the standard's applicability date as it recognised there were a large number of small steelwork fabricators across the EU which would benefit from the extra time. It was anticipated the sector across the EU needed a little more time to adapt and prepare. It was agreed on 1 July 2014 as the date of the end of the co-existence period. Accordingly, when the co-existence period came to an end, CE marking became mandatory for fabricated structural steelwork that falls within the scope of IS EN 1090-1 placed on the market on or after 1 July 2014.

Since before the construction products regulation came into effect, the Department of the Environment, Community and Local Government has indicated it has been working with a wide range of organisations in both the public and private sectors to ensure the construction industry was made aware of, and could prepare for, the regulation when it came into full effect across the European Union on 1 July 2013. In early 2012, the Department, working through the Building Regulations Advisory Body and in conjunction with the National Standards Authority of Ireland, the National Roads Authority, the Office of Public Works and the Building Materials Federation, prepared an information paper setting out the implications for manufacturers, importers and distributors on placing construction products on the market arising from the introduction of the construction products regulation on 1 July 2013.

This information paper was widely circulated to stakeholders across the construction sector by the Department, local authorities and by each of the participating organisations. The Department of the Environment, Community and Local Government also proactively promoted awareness of the construction products regulation at key industry conferences and workshops. In addition, a comprehensive three-month public consultation was held as an integral part of the development of the supporting European Union (Construction Products) Regulations 2013 setting out the framework for market surveillance in Ireland under the construction products regulation.

The Construction Products Regulations 2013, SI No. 225 of 2013, were signed into law by the Minister for the Environment, Community and Local Government on 27 June 2013 to facilitate the application of the construction products regulation and providing for inspection of products on the Irish market by local authorities. These regulations came into operation on 1 July 2013.

A significant number of steel fabricators operating in the State have already established, or are in the process of establishing, the systems necessary to comply with their obligations under the construction products regulation and IS EN 1090-1. Since July 2014, structural steelwork and aluminium now fall under the regulation and, therefore, must carry CE marking to demonstrate they comply with the European Commission's harmonised standard EN 1090-1:2009 which relates to the execution of steel structures and aluminium structures.

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