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

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Hans-W. Micklitz<br />

Monitoring and<br />

inspection in<br />

binding law<br />

Monitoring and<br />

inspection in coregulation<br />

and<br />

self-regulation<br />

Public<br />

passenger<br />

transport –<br />

Service quality<br />

definition,<br />

targeting and<br />

measurement<br />

EN 13816<br />

4. requirements<br />

of service<br />

quality<br />

(management,<br />

inter alia<br />

customer<br />

satisfaction<br />

Annex C).<br />

Goods<br />

transport<br />

chains, Code<br />

of practice for<br />

<strong>the</strong> provision<br />

of cargo<br />

transport<br />

services<br />

EN 13876<br />

7. Impact on standardisation of services<br />

Public<br />

passenger<br />

transport -<br />

Basic<br />

requirements<br />

and<br />

recommendati<br />

ons for<br />

systems that<br />

measure<br />

delivered<br />

service quality<br />

EN 15140<br />

Business Plan<br />

Transport –<br />

Logistics and<br />

services<br />

CEN TC 320<br />

The review of <strong>the</strong> consumer related technical standards in <strong>the</strong> field of public<br />

transport reveals that standard-making is largely made without taking <strong>the</strong><br />

consumer perspective into account, at least not if one accepts <strong>the</strong> six core<br />

consumer elements to be used as a yardstick. The major reason might be that<br />

public transport is still public, that means it is subject to statutory regulation. In<br />

such a perspective public transport appears as a service that has to be supplied<br />

by public bodies, mainly by municipalities. The consumer here is <strong>the</strong> customer<br />

in <strong>the</strong> proper sense of <strong>the</strong> word. He has no choice, he has to accept what is<br />

offered to him. If this understanding is true, <strong>the</strong>re is still room for <strong>the</strong> elaboration<br />

of technical standards, on quality and safety requirements as well as complaint<br />

handling and dispute settlement.<br />

VII. Comparative analysis of <strong>the</strong> review<br />

Reviewing <strong>the</strong> analysed EC directives and regulations on <strong>the</strong> one hand, and <strong>the</strong><br />

technical standards on services on <strong>the</strong> o<strong>the</strong>r, <strong>the</strong>re is one striking difference to<br />

be noted: <strong>the</strong> EC directives and regulations are focussing much more on <strong>the</strong><br />

content of <strong>the</strong> contract, on minimum content, and in particular on rights and<br />

remedies. The same cannot be said for technical standards. The closer <strong>the</strong><br />

standards approach <strong>the</strong> content of <strong>the</strong> contract, <strong>the</strong> more vague <strong>the</strong>y become.<br />

182

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