undertaking. (2) The Commission may impose the obligation referred to in Paragraph (1) where it ascertains that the obligations imposed under Article 166 (1) and (2) herein have failed to achieve effective competition and that there are important and persisting competition problems and/or distortion of relevant markets for wholesale access. (3) The obligation referred to in Paragraph (1) shall be imposed in proportion to the problem which has arisen and in accordance with the purposes covered under Article 4 herein as an exceptional measure. (4) The separated undertaking referred to in Paragraph (1) shall supply wholesale access services to all undertakings, including to related parties, on the same terms and conditions, including prices and timescales. (5) The Commission shall impose the obligation referred to in Paragraph (1) after conduct of a public consultation according to the procedure referred to in Article 36 and after authorization by the European Commission. Article 172b. (New, SG No. 105/2011, effective 29.12.2011) (1) In case the Commission intends to impose an obligation under Article 172a (1) herein for functional separation, it shall transmit a decision to the European Commission which shall include the draft measure accompanied by: 1. evidence justifying the conclusions that the obligations imposed under Article 166 herein have failed to achieve effective competition; 2. a reasoned assessment that there is no or little prospect of effective and sustainable infrastructure-based competition; 3. an analysis of the expected impact on the Commission, on the undertaking whereon the obligation is imposed, on the workforce employed in the separated undertaking, on other interested parties, on incentives to invest in the sector, particularly with regard to the need to ensure social and territorial development, on competition, as well as any potential entailing effects on consumers; 4. an analysis of the reasons justifying that this obligation would be the most efficient means to address the competition problems identified in the relevant market. (2) The draft of a decision referred to in Article 172a (1) herein shall include: 1. a description of the measure, specifying the level of separation and the legal form of the separated undertaking; 2. a description of the assets of the separated undertaking and of the networks and/or services to be supplied thereby; 3. the governance arrangements to ensure the independence of the separated undertaking, including in respect of the staff employed, as well as independence in decision making; 4. identification of the specific obligations of the separated undertaking, including requirements for compliance with the said obligations; 5. rules for the purpose of ensuring a possibility to monitor compliance with the obligations identified, including requirements to the separated undertaking to publish an annual report. Article 172c. (New, SG No. 105/2011, effective 29.12.2011) (1) If the European Commission adopts a favourable decision on the draft of a decision referred to in Article 172b herein, the Commission shall conduct a coordinated analysis and assessment of the markets impacted by the development of the access network according to the procedure established by Article 151 herein. (2) On the basis of the analysis and assessment conducted under Paragraph (1), the Commission shall impose, maintain, amend or withdraw specific obligations according to the procedure established by Article 42 herein. Article 172d. (New, SG No. 105/2011, effective 29.12.2011) The Commission may impose on an undertaking with an obligation for functional separation all or any of the obligations referred to in Article 166 (1) and (2) herein in a relevant market for which the said undertaking has been designated as an undertaking with significant market power thereon.