Article 12 — Technical Regulations Information Directive

Done at Strasbourg, 9 September 2015.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

N. SCHMIT

(1) Opinion of 14 July 2010 (OJ C 44, 11.2.2011, p. 142) and opinion of 26 February 2014 (OJ C 214, 8.7.2014, p. 55).

(2) Position of the European Parliament of 15 April 2014 (not yet published in the Official Journal) and decision of the Council of 13 July 2015.

(3) 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 (OJ L 204, 21.7.1998, p. 37). The original title was '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'. It was amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 217, 5.8.1998, p. 18).

(4) See Annex III, Part A.

(5) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

(6) Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

(7) Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).

(8) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).

(9) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

(10) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).

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.

ANNEX II

Indicative list of the financial services covered by Article 1(4)

—

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 2004/39/EC; services of collective investment undertakings;

(b)

services covered by the activities subject to mutual recognition referred to in Annex I to Directive 2013/36/EU of the European Parliament and of the Council (1);

(c)

operations covered by the insurance and reinsurance activities referred to in Directive 2009/138/EC of the European Parliament and of the Council (2).

(1) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

(2) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

ANNEX III

PART A

Repealed Directive with list of the successive amendments thereto

(referred to in Article 10)

Directive 98/34/EC of the European Parliament and of the Council

(OJ L 204, 21.7.1998, p. 37)

Directive 98/48/EC of the European Parliament and of the Council

(OJ L 217, 5.8.1998, p. 18)

Part 1, Title H of Annex II to Act of Accession 2004

(OJ L 236, 23.9.2003, p. 68)

Only as regards the reference, in point 2, to Directive 98/34/EC

Council Directive 2006/96/EC