3.

The draft measure shall include the following elements: the precise nature and level of separation, specifying in particular the legal status of the separate business entity; an identification of the assets of the separate business entity, and the products or services to be supplied by that entity; the governance arrangements to ensure the independence of the staff employed by the separate business entity, and the corresponding incentive structure; rules for ensuring compliance with the obligations; rules for ensuring transparency of operational procedures, in particular towards other stakeholders; a monitoring programme to ensure compliance, including the publication of an annual report. Following the Commission’s decision taken in accordance with Article 68(3) on that draft measure, the national regulatory authority shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Article 67. On the basis of that analysis, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with the procedures set out in Articles 23 and 32.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-28 · Text as adopted (Official Journal); later amendments are not incorporated in this text.