Services Standards: Defining the Core Consumer Elements ... - ANEC

Hans-W. Micklitz
2. Equipment and premises
Just as education and skill, equipment and premises are of no primary concern
for a regulatory approach which is meant to open up markets for tangible and
intangible services.
Any quality and safety requirements on equipment and premises show up
mainly in relation to tangible services. There are some rules here and there, but
there is no systematic approach to equipment and premises. Although the new
approach type directives might lay down requirements on equipment and
premises these are not referred to in the standards. Health and safety issues
may be found for obvious reasons in transport and tourism services. That is why
standards tend to deal with health and safety matters. Whilst security plays an
important part in the area of financial services, such as protection against
misuse of data, data protection and data safety, the rules in question may not
be found in the sector-specific directives.
Consumer
contract law
on services
Transport
Financial
services
Network
services for
customers
(electricity,
gas,
telecommun
ication,
postal
services
Services
such as
contracts
with liberal
professions
and
craftsmen
equipment
Operating
ban on
unsafe
carriers 304 ;
Railway
Safety:
comprehensi
ve
requirements
on safe
equipment 305
Security of
data transfer
(protection
against
misuse and
data
protection) 306
Energy:
protection of
health and
safety (safe
installation,
distribution
system
directly
connected to
consumer
equipment 307
Rules on the
safety of
equipment to
be used at
work are
explicitly
excluded 308
304 Regulation 2111/2005 of 14 December 2005.
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2005/l_344/l_34420051227en00150022.pdf
305 Article 4 para 4, Directive 2004/49/EC, OJ L 164, 30.04.2004, 44.
306 Articles 41 et seq., Proposal for a Directive on payment services in the Internal Market,
COM (2005) 603 final, 1.12.2005, thereto Burgard, WM 2006, 2065.
307 Articles 5, 6 and 24 of Directive 2003/54/EC on electricity, Articles 3 (2), 6, 26 of Directive
2003/55/EC on gas.
308 Directive 89/654/EEC, OJ L 393, 30.12.1989, 1; see Article 16 para f.
108