(b)
6.
A "service supplied in the exercise of governmental authority"
means any service which is supplied neither on a commercial
basis, nor in competition with one or more service suppliers.
Nothing in this Protocol shall be construed to prevent a State Party from
adopting and implementing measures aimed at ensuring universal
access to essential services.
PART TWO GENERAL
OBLIGATIONS
ARTICLE4
Most Favoured Nation Treabnent
1.
Upon entry into force of this Protocol, with respect to any measure
covered by the protocol, each State Party shall accord immediately and
unconditionally to services and service suppliers of any other State
Party treatment no less favourable than it accords to like services and
service suppliers of any other State Party or Third Country.
2.
Notwithstanding paragraph 1, two or more State Parties may conduct
negotiations and agree to liberalise trade in services for specific sectors
or sub-sectors in accordance with the objectives in this Protocol. Other
State Parties shall be afforded reasonable opportunity to negotiate the
preferences granted therein on a reciprocal basis.
3.
Nothing in this Protocol shall prevent a State Party from entering into
new preferential agreements with third countries in accordance with
Article V of GATS provided such agreements do not impede or frustrate
the objectives of this Protocol. Prior to negotiating such an agreement, a
State Party shall duly inform the other State Parties of its intention to do
so and shall afford reasonable opportunity to the other State Parties to
negotiate the preferences granted therein on a reciprocal basis.
4.
Nothing in this Protocol shall prevent a State Party from maintaining any
preferential agreement entered into with a third party, prior to the
adoption of this · Protocol. A State Party shall afford reasonable
opportunity to the other State Parties to negotiate the preferences
granted therein on a reciprocal basis.
5.
A State Party may maintain a measure which is inconsistent with
paragraph 1, provided it is listed in the Most Favoured Nation (MFN)
exemption list. The agreed list of MFN exemptions shall be annexed to
this Protocol. The TNF Services shall regularly review MFN exemptions,
with a view to determining which MFN exemptions can be eliminated.
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