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

Hans-W. Micklitz
3. The missing link – safety of services
European consumer policy on the safety of services is – to say the least –
underdeveloped. In theory it should be built on three premises, firstly by public
law means i.e. to ensure that the service providers have the necessary
professional skills, the right equipment and hygienic premises, secondly that
only safe services in the above mentioned meaning are placed on the market
and unsafe services are withdrawn from the market; thirdly by private law
means that consumers who suffer injuries from unsafe services may be
adequately compensated.
a) Public law means – requirements on professional skills
Directive 2005/36/EC on professional qualifications takes precautionary
measures to ensure that the consumer is adequately protected against
unprofessional behaviour that might affect his or her health and safety. Recitals
6 and 8 of the Directive 2005/36/EC on professional qualifications make clear
that the facilitation of service provision is ensured in the context of strict respect
for public health, safety and consumer protection. Whilst service providers from
outside the host Member State are in principle exempted from the requirements
which the host Member State places on professionals established in its territory
(Article 6 (a)) of Directive 2005/36/EC on professional qualifications, the latter
remains competent to check the professional qualifications of the service
provider as long as he does not benefit from automatic recognition under Title III
Chapter III (Article 7 (4)), i.e. doctors, nurses responsible for general care,
dental practitioners, veterinary surgeons, pharmacists and architects (Article
21).
Where there is a substantial difference between the professional qualifications
of the service provider and the training required in the host Member State, to
the extent that that difference is such as to be harmful to public health or safety,
the host Member State will give the service provider the opportunity to show, in
particular by means of an aptitude test that he has acquired the knowledge or
competence hitherto lacking.
aa) Impact on standardisation of services
There is ample room for standardisation in particular with regard to shaping
safety related skills in those professions which do not benefit from automatic
recognition. A new CEN Task Force has been established, CEN BT TF 192,
which in essence means to identify existing EU directives, national legislations,
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