Dec 10, 2009
Services within the scope of the Services Directive
The Services Directive applies to the provision of a wide range of services. For example, it covers:
- Distributive trades (including retail and wholesale of goods and services)
- Construction services
- Craft services
- Most professional services (such as the services of legal and fiscal advisers, architects, veterinaries)
- Business-related services (such as advertising, recruitment services, patent agents)
- Tourism (such as travel agencies, tourist guides)
- Accommodation and food services (hotels and restaurants)
- Training and educational services (such as private universities, language schools)
- Real estate services
- Household support services
- Rentals and leasing services (including car rental)
- Leisure services (e.g. sports centers and amusement parks)
- Information society services (e.g. publishing — print and web; news agencies; computer programming)
The basic rule is that a service is within the scope of the Services Directive, unless it is explicitly excluded from it. The following services are excluded:
- Financial services (such as banking, credit, insurance and re-insurance, occupational and personal pensions, securities, investment funds, payment and investment advice, including the business of credit institution)
- Electronic communications services
- Transport services (including air transport, maritime and inland waterways transport, including port services, as well as road and rail transport, in particular urban transport, taxis and ambulances)
- Health care services (health care and pharmaceutical services provided by health professionals to patients to assess, maintain or restore their state of health where those activities are reserved to a regulated health profession)
- Audiovisual services (including cinemas and broadcast services)
- Gambling
- Certain social services provided by the state, by providers mandated by the state or by charities recognised as such by the state
- Private security services
- Services provided by notaries and bailiffs (appointed by an official act of government)
- The exercise of official authority as set out on Article 45 of the Treaty
- Services of a general economic interest (such as the Post Office), non-economic services of a general interest and taxation are also excluded from the Services Directive