- Save as otherwise provided in this Article and Article 31, the provisions of this Chapter shall apply to the right of establishment, the right to provide services and the right to move capital in the Community.
- Activities in a Member State involving the exercise of governmental authority shall, in so far as that Member State is concerned, be excluded from the operation of this Chapter.
- For the purposes of this Chapter, “activities involving the exercise of governmental authority” means activities conducted neither on a commercial basis nor in competition with one or more economic enterprises, and includes:
(a) activities conducted by a central bank or monetary authority or any other public entity, in pursuit of monetary or exchange rate policies;
(b) activities forming part of a statutory system of social security or public retirement plans;
(c) activities forming part of a system of national security or for the establishment or maintenance of public order; and
(d) other activities conducted by a public entity for the account of or with the guarantee or using financial resources of the government.