26.3.2008 Official Journal of the European Union L 84/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 1 February 2008 concerning the technical specification of interoperability relating to the operation subsystem of the trans-European high-speed rail system adopted referred to in Article 6(1) of Council Directive 96/48/EC and repealing Commission Decision 2002/734/EC of 30 May 2002 (notified under document number C(2008) 356) (Text with EEA relevance) (2008/231/CE) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail sys- tem (1), and in particular Articles 6 (1) and 6(2) thereof, Whereas: 1 In accordance with Article 6(2) of Directive 96/48/EC as modified by Directive 2004/50/EC (?), amendments to technical specifications for interoperability (TSIs) are drafted by the European Railway Agency (ERA) under a mandate of the Commission. The TSI attached to this Decision was drafted by the Joint Representative Body under a mandate delivered in 2001, in accordance with Article 6(1) of Directive 96/48/EC before entry into force of Directive 2004/50/EC. The European Association for Railway Interoperability (AEIF) was appointed as the joint representative body. The draft TSI was accompanied by a presentation report containing a cost-benefit analysis as provided for in Article 6(5) of Directive 96/48/EC. (1) OJ L 235, 17.9.1996, p. 6. Directive as last amended by Directive 2007/32/EC (O] L 141, 2.6.2007, p. 63). () OJ L 164, 30.4.2004, p. 114 4 The draft TSI has been examined by the Committee set up by Directive 96/48/EC on the interoperability of the trans- European high-speed rail system in the light of the presen- tation report. In its current version the TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 96/48/EC as modified by Directive 2004/50/EC, technical aspects which are not covered are identified as ‘Open Points’ in Annex U of this TSL In accordance with Article 17 of Directive 96/48/EC as modified by Directive 2004/50/EC, individual Member States are to inform the other Member States and the Com- mission of the relevant national technical rules in use for implementing essential requirements related to these ‘open points’, as well as of the bodies it appoints for carrying out the procedure for the assessment of conformity or suitabil- ity for use and the checking procedure in use for verifying the interoperability of subsystems within the meaning of Article 16(2) of Directive 9648 /EC. For this latter purpose, Member States should apply, as far as possible, the prin- ciples and criteria provided for in Directive 96/48/EC and make use of the bodies notified under Article 20 of Direc- tive 96/48 EC. The Commission should carry out an analy- sis of the information forwarded by the Member States, in the form of national rules, procedures, bodies in charge of implementing procedures, and duration of these proce- dures, and, where appropriate, should discuss with the Committee the need for the adoption of any measures.