in compliance with the cost accounting rules laid down by the Communications Regulatory
Authority. The Communications Regulatory Authority shall have the right to establish a
cost accounting system, methodology and/or model to be used by an operator or operators
having significant market power on the relevant market. Such accounting system, method,
and/or model, the Communications Regulatory Authority is required to publish on its
website. Compliance with cost accounting rules and other legal acts as well as with the cost
accounting system, methodology and/or model prepared by the operator and/or established
by the Communications Regulatory Authority must be verified by an audit. The audit
opinion must be published annually in accordance with the rules established by the
Communications Regulatory Authority.
Article 231. Obligation of functional separation
1. Under exceptional circumstances (when the Communications Regulatory
Authority identifies that the obligations imposed by the Article 18, 19, 20, 21, 22 and 23 are
not sufficient to ensure effective competition and where important and persisting
competition problems on the market relating to access provision occur), the
Communications Regulatory Authority shall, with regard to Article 17(4) of this Law, have
the right to oblige a vertically integrated undertaking to separate its relevant wholesale
access services from the rest of the undertaking's activities, by transferring it to a separate
legal entity.
2. An undertaking, which has the functional separation obligation, shall provide
access to all undertakings, including subsidiaries of a vertically integrated undertaking
referred to in paragraph 1 of this Article, on the same terms and conditions, including the
price and quality of services, and using the same systems and processes.
3. The Communications Regulatory Authority shall notify the European
Commission about their intention to establish a functional separation obligation stating:
1) the grounds on which imposition of the obligation referred to in paragraph 1 of
this Article are based;
2) a grounded assessment that effective and long-term competition will not arise in
the electronic communications infrastructure within a reasonable period of time or it will
not be sufficiently effective;
3) the expected impact on the Communications Regulatory Authority, on the
undertaking which is imposed the obligation referred to in paragraph 1 of this Article,
particularly on the employees of the undertaking, and the entire electronic communications
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