Scope of the Directive
What activities are covered by the Services Directive?
The Directive applies across the entirety of the services sectors unless activities are specifically excluded. Because this area is so large and varied, it is difficult to give an exhaustive list of the activities that are covered by the Directive. However, the main service sectors not covered by the Directive are:
- Financial services such as banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice;
- Electronic communications services and networks;
- Transport services;
- Temporary work agencies;
- Healthcare services, regardless of whether they are operating in the public or private sector;
- Audiovisual services, including cinematographic services, and radio broadcasting;
- Gambling activities including lotteries, gambling in casinos and betting transactions;
- Social services relating to social housing, childcare and support of families and persons in need which are provided by the State, by providers mandated by the State or by charities;
- Private security services; and
- Services provided by notaries and bailiffs, who are appointed by an official act of government.
The Directive also excludes non-economic services of general interest (SGIs) from its scope (the Directive only covers services that have an economic consideration). Activities connected with the exercise of official authority also have an exemption.
In addition, the field of taxation is excluded from the Directive.
Examples of some of the main types of services that are covered by the Directive include –
Business services such as:
- Management consultancy, certification and testing;
- Facilities management, including office maintenance;
- Advertising;
- Recruitment services; and
- The services of commercial agents.
Services provided both to businesses and to consumers such as:
- Legal or fiscal advice, including accountants;
- Information services, such as publishing, or computer programming
- Real estate services such as estate agencies;
- Construction, including the services of architects;
- Engineers and surveyors;
- Distributive trades;
- The organisation of trade fairs;
- Car rental;
- Hotels, restaurants and catering services; and
- Travel agencies.
Consumer services such as:
- Those in the field of tourism, including tour guides;
- Leisure services, sports centres and amusement parks;
- Domestic services such as cleaning or gardening services; and
- To the extent that they are not excluded from the scope of application of the Directive, household support services, such as help for the elderly.
This list should not be taken as exhaustive, Please contact us if you are unsure whether your sector is in scope of the Directive.
