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

Hans-W. Micklitz
IV.
Procedural requirements of standard-writing
The procedural requirements should serve as a guide in the standardisation
process. They are presented in the form of a checklist, thereby distinguishing
between the different stages of standard-making: (1) the process of drafting, (2)
the elaboration of the standard, and (3) the building of links between technical
standards and contract making.
1. In the process of drafting the scope of the standard
(1) Checking the national, European and international legal context,
in which the standard project is embedded, in particular with
regard to:
• professional qualifications, the required equipment and the
premises made available,
• the rights and duties under the contract to be concluded,
• the inspection and monitoring of all rights and obligations
laid down in the respective standard,
(2) Checking the completeness of the envisaged content of the
technical standard under six main parameters:
• education and skills,
• equipment and premises,
• pre-contractual and contract conclusion stages,
• content of the contract,
• post-contractual stage,
• inspection and monitoring.
(3) Checking the availability of legal expertise at the preparatory
stage and the final outcome before the adoption of the standard.
2. During the elaboration of the standard
(4) Checking the need and feasibility for standards to put into
practice the legal framework, in particular on: education and skills,
equipment and premises, quality, billing, payment modalities,
after-sales services, complaint handling and dispute settling,
collective redress,
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