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

Hans-W. Micklitz
postal services are currently under review. In 2006 the European Commission
published a Proposal for a Directive concerning the full accomplishment of the
Internal Market of Community postal services 408 . Neither the existing EC
Directives 97/67/EC on postal services and 2002/39/EC, nor the proposal,
contain much guidance on the six analytic categories. The only material change
concerns the revision of Article 19 that regulates complaint handling and dispute
settling 409 .
The policy of the European Commission has always been to tie regulation and
standardisation together. This is clear in Article 20 already adopted in 1997
which remained unchanged for 10 years and which will probably not be
changed under the recently presented proposal. Article 20, headed
“harmonisation of technical standards” says:
“The harmonisation of technical standards shall be continued, taking into account
in particular the interest of the users.
The European Committee for Standardisation shall be entrusted with drawing up
technical standards applicable in the postal sector on the basis of remits to it
pursuant to the principle set out in Council Directive 83/189/EEC of March 1983
laying down a procedure for the provisions of information in the field of technical
standards and regulations.
This work shall take account of the harmonisation measures adopted at
international level and in particular those upon within the Universal Postal Union.
The standards applicable shall be published in the Official Journal of the
European Communities once a year.
Member States shall ensure that universal service providers refer to the
standards published in the Official Journal where necessary in the interests of
users and in particular when they supply information referred to in Article 6
(particular features of universal services offered).
The Committee provided for in Article 21 shall be kept informed of the discussion
within the European Committee for Standardisation and the progress achieved in
this area by that body.”
This Article gives a broad mandate to Standards Bodies. The scope is in no way
defined. The only thing needed is for technical standards to be harmonised in
the interests of users. The latter reference is certainly a step forward, but the
Postal Services Directive remains largely behind the relevant Articles in the
408 COM (2006) 594 final, 18.10.2006.
409 See for a full account of consumer protection issues formulated prior to the adoption of the
proposal, in particular on universal services, but also the missing rules on the quality of
services, such as delivery time, opening hours and delivery and collection times, security
and reliability, BEUC Postal Services – Public consultation – BEUC’s comments,
BEUC/X/2005/2006, 8.2.2006.
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