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

1. Scope, education and skills
Services Standards
All rules being studied here define the scope and the purpose of the project in a
clear-cut way. If the field in question is governed by a whole series of technical
standards, there are even meta-standards at play, which explain how the
different more specific standards fit together.
From a consumer’s perspective it is of utmost importance whether the service is
executed by a professional or not. Information on the applicable rules, however,
remains scarce. The reason might be found in Directive 2005/36/EC on
professional qualifications, which leaves it for the Member States to decide over
the education of the relevant professions. However, this does not explain why
European Standards Bodies do not make use of the leeway left to them, some
notable examples set aside. For sure, any involvement would require a careful
analysis of the scope and requirements laid down in Directive 2005/36/EC in
order to avoid conflicts between EC rules and voluntary standards. The degree
to which there is leeway for European Standards Bodies may therefore differ 417 .
2. Equipment and premises
The review process reveals that most of the directives, regulations and
standards are dealing with equipment and premises in some form or the other.
However, there is no systematic approach on equipment and premises,
although they are of utmost importance for consumers. Particular equipment
and premises are only needed in case of tangible services. In this case, the
consumer may reasonably expect that the devices meet the necessary safety
standards as well as quality standards. Safety-related equipment and premises
are covered either by New Approach-type directives or by the GPSD. However,
on safety, no link between the standards and the binding EC law can be found.
This is, however, what is needed to fully consider the interplay of legal norms
and technical standards. 418
3. Pre-contractual stage and conclusion of the contract
It goes without saying that all rules, mandatory or non-mandatory, put much
emphasis on the pre-contractual stage, in particular on the transparency of the
service and on comprehensive sets of information requirements. All regulatory
techniques are united in the idea that information obligations are seen as a
means to give shape to the substance of the service. There is even a tendency
417 With regard to the consequences see under Chapter VI, III, 1.
418 With regard to the consequences see under Chapter VI, III, 2.
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