2. Air traffic service providers shall fulfil the following cumulative conditions:
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(a)
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hold a certificate pursuant to Article 41 of Regulation (EU) 2018/1139 or a valid declaration pursuant to Article 41(5) of Regulation (EU) 2018/1139, without prejudice to Article 7(4) of this Regulation;
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(b)
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comply with the national security and defence requirements;
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(c)
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have their principal place of business located in the territory of a Member State; and
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(d)
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be owned more than 50 % by Member States or nationals of Member States and effectively controlled by them, whether directly or indirectly through one or more intermediate undertakings, except where otherwise provided for in an agreement with a third country to which the Union is a party.
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By way of derogation from points (c) and (d), a Member State may designate an air traffic service provider having its principal place of business in a third country or which does not comply with the ownership and control conditions set out in point (d) to provide air traffic services in a limited part of the airspace for which that Member State is responsible where that part of the airspace borders airspace under the responsibility of that third country.