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

Hans-W. Micklitz
field of technical standardisation, to share the powers in rule-making between
the European Parliament, the Council, the European Commission and national
regulatory agencies. The latter two provide the necessary expertise in financial
services, whereas the former two organise the political process. As law making
remains very much in the hands of the traditional legislators (European
Parliament, Council and Commission), – despite the expertise drawn from the
national agencies – there is little democratic need to integrate consumer
organisations.
However, just as in the field of products, the remaining differences in the field of
services could not be overcome by sector-specific harmonisation. A horizontal
approach was needed to deal with the “rest” of all those services, for which no
particular sector-specific rules are needed. The European Commission
undertook three important steps to prepare the ground for establishing an
Internal Market for services, outside sector-specific rules:
• Directive 2005/36/EC 40 lays down rules on the recognition of professional
qualifications. Whilst Member States’ rules vary considerably, the
Directive defines common requirements in order to ensure that services
are undertaken only by those who have the necessary professional skills.
• Directive 2006/123/EC on Services 41 , more exactly Articles 26 and 27,
pave the way for the standardisation of services in order to ensure their
“quality”.
• The revision and extension of the New Approach to technical
harmonisation and standards to services. This initiative, which has not
even yet led to an official working document of the European
Commission, must be seen in the context of the Directive on the
recognition of professional services, and the Service Directive. It even
Supervisors (CEIOPS). These committees are composed of high-ranking representatives
from the national supervisory authorities. The Banking Supervision Committee also
includes representatives from the national central banks. Apart from advising and assisting
the Commission in the development of technical implementing measures, the committees
of experts also deal with the exchange of supervisory information, the consistent
implementation of European legal acts and the harmonisation of supervisory practices in
the European market for financial services. At the fourth level, the Commission – in close
cooperation with the member states, the regulatory authorities involved in level three and
the private sector – checks that Community law is applied consistently,” taken from the
Committee of European Banking Supervisors,
http://www.bundesbank.de/bankenaufsicht/bankenaufsicht_cebs_lamfalussy.en.php.
40 OJ L 255, 30.9.2005, 22.
41 OJ L 376, 27.12.2006, 36.
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