State Construction Inspectorate is the authority for market surveillance for all products for construction, except for fixed firefighting equipment – stationary equipment for alarm / fire detection, fire fighting, fire and smoke control and explosion protection.
According to the Order, the checks regarding construction products market surveillance concern the following: a) identification details of the product: unique identifier of the product type, trade name, the name of the applicable technical specification and others, as applicable; b) identification details of the manufacturer / producer, authorized representative or the importer; c) identifying the place of production; d) existence and content of the declaration of conformity / performance; e) the existence and content of the certificate of conformity / steady performance, where applicable; f) the existence and content of the certificate of conformity for the CPF, where appropriate; g) the existence of technical approval in construction and CTPC opinion or European technical approval / European technical evaluation, where applicable; h) the existence and content test reports for the product-type; i) correct choice of system evaluation and verification of constancy of performance – attesting the conformity of products; j) the existence of CE marking in the shape and size in accordance with the legal provisions and associated information in correlation with the applicable technical specifications; k) handling and storage conditions so as to the product characteristics not be influenced; l) declared intended use; m) particulars of the economic operator who has supplied the product; n) any documents necessary for assessing a risk associated with the product, as applicable; a) records, of the manufacturer or importer, on non-compliant products, respectively the register of complaints, product recalls register, the register of non-conforming products as well as informing the distributors on the monitoring activity if it is found that the product poses risks.
According to the Order, detected nonconformities may be formal – minor or major. Formal – minor nonconformities concern: a) incorrect use and application of the CE mark in terms of size, shape, visibility, legibility, feature of the CE marking which cannot be deleted, and incorrect use and application of other specific markings stipulated in applicable law; b) failure to submit the declaration of performance / compliance or not accompanying the product with this document at the time of inspection; c) the fact that the declaration of performance / compliance is not drawn correctly and completely; d) the declaration of performance / compliance does not contain all the information required by the regulations in force; e) that the technical documentation is not available at the time of its control; f) non accompanying or incomplete accompanying of the product with other information provided in EU legislation or normative acts implementing EU harmonization legislation applicable; g) non-inclusion of the notified body’s identification number along with CE marking, when the normative acts implementing EU harmonization legislation stipulates so; h) non accompanying the CE marking with the mandatory information that must accompany this mark, in accordance with the regulations in force – harmonized legislation and regulations implementing EU harmonizing legislation, of the technical harmonized specifications, Annexes ZA of each harmonized standard as applicable; i) other non-conformities which do not influence the essential requirements applicable to the product.
Major nonconformities are considered those nonconformities which refer to products that do not comply with the essential requirements set out in EU legislation or in normative acts implementing EU harmonization legislation.
If, during the control actions is found the release by the notified conformity bodies and laboratories of certificates for CPF, test reports or technical approvals for construction products non compliant with and / or normative documents, ISC will communicate to the following competent authority this situation in order to take appropriate measures.
Market Supervisory Authority on construction products will apply sanctions, according to Government Decision No. 622/2004, republished, as further amended and supplemented, and the Government Decision No. 306/2011.