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

Hans-W. Micklitz
minimum or baseline requirements are deduced from the six core consumer
elements, in their two forms: as a theoretical concept which unites EC
regulation, technical standards and best practice, as well as a yardstick to
review six major areas of already existing EC regulation and technical
standards on services. They are not meant to fully cover all of the issues that
might be of importance in the standardisation of services. Rather they are
conceived as minimum or baseline requirements. The range of possible issues
could easily be extended 427 .
The minimum or baseline requirements are set against the existing legal
background. The purpose is twofold: first, to highlight the legal environment
which restricts standard-setting, and second to indicate clearly where there is
leeway for standard-setting.
1. Education and skills
If the relevant professional activity can only be executed by a regulated
profession in the meaning of Article 3 (1) (a) of Directive 2005/36/EC 428 , the
technical standard should indicate that the relevant national legislative,
regulatory or administrative provisions have to be observed and that Member
States are obliged to mutually recognise professional qualifications in one or
more Member States.
If the relevant professional activity does not require educational training which is
specified in national legislative, regulatory or administrative provisions, that is if
everybody is in principle legally allowed to provide that service, even without
any particular educational training, standardisers should proceed as follows:
• For most professional activities, statutory requirements are in place.
Therefore technical standards should indicate that a certificate of such
particular educational training is in principle needed, even if the
performance of the profession is not bound to the existence of such a
certificate,
• If no such statutory requirements exist, the relevant standards will specify
professional qualifications with regard to management tasks and proper
services provided to consumers,
• Management tasks will be taken over only by those who can provide
evidence that they have solid knowledge and solid practical experience
427 See for a broader approach, ISO/IEC Draft Guide 76 Development of service standards –
Recommendations for addressing consumer issues.
428 OJ L 255, 30.9.2005, 22.
194