ANNEX IIndicative 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,
- (a)
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.
- (a)
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.