Annexes to COM(1996)392-2 - Amendment of for third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations

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dossier COM(1996)392-2 - Amendment of for third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of ...
document COM(1996)392 EN
date July 20, 1998
ANNEX

'ANNEX V

Indicative list of services not covered by the second subparagraph of point 2 of Article 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,

- 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"

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.

ANNEX VI

Indicative list of the financial services covered by the third subparagraph of point 5 of Article 1

- Investment services

- Insurance and reinsurance operations

- Banking services

- Operations relating to pension funds

- Services relating to dealings in futures or options

Such services include in particular:

(a) investment services referred to in the Annex to Directive 93/22/EEC (1); services of collective investment undertakings,

(b) services covered by the activities subject to mutual recognition referred to in the Annex to Directive 89/646/EEC (2),

(c) operations covered by the insurance and reinsurance activities referred to in:

- Article 1 of Directive 73/239/EEC (3),

- the Annex to Directive 79/267/EEC (4),

- Directive 64/225/EEC (5),

- Directives 92/49/EEC (6) and 92/96/EEC (7).

(1) OJ L 141, 11. 6. 1993, p. 27.

(2) OJ L 386, 30. 12. 1989, p. 1. Directive as amended by Directive 92/30/EEC (OJ L 110, 28. 4. 1992, p. 52).

(3) OJ L 228, 16. 8. 1973, p. 3. Directive as last amended by Directive 92/49/EEC (OJ L 228, 11. 8. 1992, p. 1).

(4) OJ L 63, 13. 3. 1979, p. 1. Directive as last amended by Directive 90/619/EEC (OJ L 330, 29. 11. 1990, p. 50).

(5) OJ 56, 4. 4. 1964, p. 878/64. Directive as amended by the 1973 Act of Accession.

(6) OJ L 228, 11. 8. 1992, p. 1.

(7) OJ L 360, 9. 12. 1992, p. 1.`