35 PART II SCOPE OF APPLICATION Article 2 Scope of Application 1. This Protocol applies to measures by State Parties affecting trade in services. 2. For the purposes of this Protocol, trade in services is based on the four modes of supply of a service as defined in Article 1(p) of this Protocol. 3. For the purposes of this Protocol: (a) "Measures by State Parties" means measures taken by: i. State Parties’ central, regional or local governments and authorities; and ii. Non-governmental bodies in the exercise of powers delegated by State Parties’ central, regional or local governments or authorities. In fulfilling its obligations and commitments under the Protocol, each State Party shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities and non-governmental bodies within its territory; (b) "Services" includes any service in any sector except services supplied in the exercise of governmental authority; and (c) "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. 4. Procurement by governmental agencies purchased for governmental purposes and not with a view to commercial re-sale are excluded from the scope of this Protocol. 5. This Protocol shall not apply to measures affecting: (a) air traffic rights, however granted; and (b) services directly related to the exercise of air traffic rights;