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:

  1. (a)

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

  2. (b)

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

  3. (c)

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

  4. (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:

    1. (a)

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

    2. (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:

    1. (a)

      voice telephony services;

    2. (b)

      telefax/telex services;

    3. (c)

      services provided via voice telephony or fax;

    4. (d)

      telephone/telefax consultation of a doctor;

    5. (e)

      telephone/telefax consultation of a lawyer;

    6. (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):

  1. (a)

    television broadcasting services (including near-video on-demand services), covered by point (e) of Article 1(1) of Directive 2010/13/EU;

  2. (b)

    radio broadcasting services;

  3. (c)

    (televised) teletext.