Notes to Annex 3. Procurement for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by this Agreement. This Agreement does not cover procurement by procuring entities included in this Annex: for the purchase of water and for the supply of energy or of fuels for the production of energy; for purposes other than the pursuit of their activities as listed in this Annex or for the pursuit of such activities outside of the United Kingdom; for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring entity. The supply of drinking water or electricity to networks which provide a service to the public by a procuring entity other than a contracting authority shall not be considered as an activity within the meaning of paragraphs (a) or (b) of this Annex where: the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraphs (a) to (f) of this Annex; and supply to the public network depends only on the entity's own consumption and has not exceeded 30 per cent of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.
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Samples: docs.wto.org, docs.wto.org, docs.wto.org
