3. The designation of an air traffic service provider shall not be subject to any condition requiring that provider to:
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(a)
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be owned directly or through a majority holding by the designating Member State or its nationals;
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(b)
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have its principal place of operation or registered office in the territory of the designating Member State; or
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(c)
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use only facilities in the designating Member State,
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where the application of such condition entails a restriction of the freedom to provide services or the freedom of establishment which is not justified in the light of a legitimate objective of general interest, such as public policy, public security or safety, and is not proportionate to that objective.