Directive (EU) 2015/1535 of the European Parliament and of the CouncilShow full title

ANNEX I Indicative list of services not covered by the second subparagraph of point (b) of Article 1(1)

1. Services not provided ‘at a distance’

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’

• 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,

• offline 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’

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 (e) of Article 1(1) of Directive 2010/13/EU;

(b)

radio broadcasting services;

(c)

(televised) teletext.