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

Services Standards
2. The broader perspective – the envisaged revision on the New
Approach to technical harmonisation and standards
On 7 th May 2003 the European Commission published a communication from
the Commission to the Council and the European Parliament “Enhancing the
Implementation of the New Approach type directives” 260 . The overall message of
the communication was to overcome certain deficiencies, to test its application
in other areas, amongst others services, and to develop a more coherent legal
framework on conformity assessment, accreditation and market surveillance.
On 14 th February 2007 the European Commission published a proposal for a
Decision on a common framework for the marketing of products 261 . However,
this document no longer deals with services. That is why the envisaged revision
is of limited importance for the questions under scrutiny, with one exception that
the European Commission seems to reformulate its policy on consumer safety.
By now the basis for discussion constitutes a paper called “A Horizontal
Legislative Approach to the Harmonisation of Legislation on Industrial
Products”, from 6 th September 2006 262 , which was forestalled by a working
document “Elements for a horizontal legislative approach to technical
harmonisation” from 23 rd February 2006 263 . The two documents intend to further
develop the European policy with regard to technical standards and health,
safety and environment, meaning they cover the original New Approach, the
adopted New Approach-type directives and the GPSD.
3. Consumer policy in the intended revision of the New Approach
Consumer policy, consumer interests, consumer critique of the New Approach
is not given much space in the two documents. This is particularly astonishing
with regard to CE-marking, as a recent Commission paper reflected and
described the problems consumers have encountered 264 . For some while it
seemed as if there was a chance to revise the CE-marking in order to improve
the protection of consumers against being confused by unclear messages
resulting from the CE-marking 265 . The working documents are disappointing in
that they do not even mention the major critique already raised against the
260 COM (2003) 240 final, 7.5.2003.
261 COM (2007) 53 final, 14.2.2007.
262 The paper explicitly states that it is not a Commission proposal, it bears the number N560-
1 EN.
263 European Commission, DG Enterprise, Certif doc 2005-16 Rev. 2.
264 Draft Certif 2005-11: The role and significance of the CE marking, 30.8.2005.
265 See ANEC comment on the role and significance of the CE-marking, prepared in response
to the Draft Certif. Doc 2005-11 of 308.2005.
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