the Performance Review Body shall assist the national supervisory authorities upon their request by providing an independent view of performance issues such as factual comparisons between air navigation service providers operating in similar environments (benchmarking), analyses of changes in performance over the last five years or analyses of projections.

The Performance Review Body shall assist the national supervisory authorities upon their request by providing an independent view of the national or functional airspace block performance issues such as factual comparisons between air navigation service providers operating in similar environments (benchmarking), analyses of changes in performance over the last five years, or analyses of forward-looking projections.

The Performance Review Body shall assist the national supervisory authorities upon their request by providing an independent view of the national or functional airspace block performance issues such as factual comparisons between air navigation service providers operating in similar environments (benchmarking), analyses of changes in performance over the last five years, or analyses of forward-looking projections.

Evidence of "effective regulatory control" is predicated upon but is not limited to: the air carrier holds a valid Operating Licence issued by the competent authorities, and meets the criteria for the operation of international air services established by the competent authorities, such as proof of financial fitness, ability to meet, where relevant, public interest requirement, obligations for assurance of service etc., and the licensing Member State has and maintains aviation safety and security oversight programmes in compliance with standards of the International Civil Aviation Organisation at least.

The European Court of Justice has held, for example, that an organism controlling and supervising the air space and collecting charges for the use of its air navigation system [10], or a private law body carrying out anti-pollution surveillance in a sea port [11], exercise powers which are typically those of a public authority and which are not of an economic nature.

The European Court of Justice has held, for example, that an organism controlling and supervising the air space and collecting charges for the use of its air navigation system [10], or a private law body carrying out anti-pollution surveillance in a sea port [11], exercise powers which are typically those of a public authority and which are not of an economic nature.