Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services; (repealed) (c. 34)

[F1 ANNEX V U.K. Indicative list of services not covered by the second subparagraph of point 2 of Article 1

Textual Amendments

F1 Inserted by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998.

1. Services not provided ‘at a distance’ U.K.

Services provided in the physical presence of the provider and the recipient, even if they involve the use of electronic devices

(a)

medical examinations or treatment at a doctor's surgery using electronic equipment where the patient is physically present;

(b)

consultation of an electronic catalogue in a shop with the customer on site;

(c)

plane ticket reservation at a travel agency in the physical presence of the customer by means of a network of computers;

(d)

electronic games made available in a video-arcade where the customer is physically present.

2. Services not provided ‘by electronic means’ U.K.

• Services having material content even though provided via electronic devices:

  (a)

  automatic cash or ticket dispensing machines (banknotes, rail tickets);

  (b)

  access to road networks, car parks, etc., charging for use, even if there are electronic devices at the entrance/exit controlling access and/or ensuring correct payment is made,

• Off-line services: distribution of CD roms or software on diskettes,

• Services which are not provided via electronic processing/inventory systems:

  (a)

  voice telephony services;

  (b)

  telefax/telex services;

  (c)

  services provided via voice telephony or fax;

  (d)

  telephone/telefax consultation of a doctor;

  (e)

  telephone/telefax consultation of a lawyer;

  (f)

  telephone/telefax direct marketing.

3. Services not supplied ‘at the individual request of a recipient of services’ U.K.

Services provided by transmitting data without individual demand for simultaneous reception by an unlimited number of individual receivers (point to multipoint transmission):

(a)

television broadcasting services (including near-video on-demand services), covered by point (a) of Article 1 of Directive 89/552/EEC;

(b)

radio broadcasting services;

(c)

(televised) teletext.]