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

Hans-W. Micklitz
services, established following mandates given by the Commission to European
standardisation bodies, can support or supplement the relevant policies pursued
by Member States, provided that evidence indicates a need for such initiatives.
This means that in December 2003, the way had already been paved for what
later became Article 26 of the Service Directive. However, Para 13 (5) seems to
indicate that sector-specific binding law might still be an option. The European
Commission was invited to present to the Council by 31 December 2004 some
sort of a follow-up report – this has not happened so far.
However, the European Commission understood its mandate as commissioning
research studies in particular with regard to the so-called priority areas.
Concrete measures undertaken within the framework of consumer safety for
services concern:
• Council Recommendation 86/666/EEC 241 defines minimum standards on
fire safety in hotels and serves as a basis for common safety rules
throughout the EU. In 2001 the European Commission published a report
on its application 242 . The report presents the broad lines of further EU
initiatives and activity on the issue, and in particular the need to make
more precise provision for alternative solutions where the recommended
technical guidelines in the Recommendation cannot be implemented;
improve supervision and monitoring; update and improve technical
guidelines for future activities; identify and disseminate best practice in
fire safety management and monitoring 243 .
• In 2003 the Dutch Consumer Safety Institute conducted a study on
behalf of the European Commission on “Risks of certain sports and
recreational activities in the EU” 244 . It gives details of the available
information on the risks involved in certain potentially dangerous sports
and leisure activities (skiing, diving, fairgrounds, etc.) and an analysis of
related accident data, together with an overview of the services related to
these activities. The report was funded by the European Commission.
Therefore the information contained does not necessarily reflect the
opinion or the position of the European Commission. An estimated
480,000 cases treated each year in casualty departments in the EU are
related to certain dangerous sports and leisure services.
241 OJ L 385, 31.12.1986, 60.
242 COM (2001) 348 final, 27.6.2001.
243 See in more detail, Consultation on the Commission Report on Fire Safety in Hotels and
revision of technical guidelines attached to the Recommendation.
244 http://ec.europa.eu/consumers/cons_safe/news/rep_risk_sport_en.pdf.
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