For the purposes of this Directive ‘official measures’ means measures taken:

1. (a)

   by State authorities; or

2. (b)

   by any legal person whether governed by public or by private law, acting under the responsibility of the State; or

3. (c)

   in the case of ancillary activities which are also under State control, by any natural person duly sworn for that purpose;

provided that the persons mentioned under (b) and (c) derive no private gain from such measures.