14.2.2009 Official Journal of the European Union L 451 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 23 January 2009 amending Decisions 2006/861/EC and 2006/920/EC concerning technical specifications of interoperability relating to subsystems of the trans-European conventional rail system (notified under document number C(2009) 38) (Text with EEA relevance) (2009/107[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (Recast) (1), and in particular Article 6(1) thereof, Having regard to the recommendation of the European Railway Agency on the intermediate revision of the freight wagon TSI (ERA/REC/INT/03-2008) of 27 October 2008, Whereas: 1 Article 12 of Regulation (EC) No 881/2004 of the European Parliament and the Council of (%) requires that the European Rail Agency (hereinafter referred to as the Agency) shall ensure that the technical specifications for interoperability (TSIs) are adapted to technical progress and market trends and to the social requirements and propose to the Commission the amendments to the TSIs which it considers necessary. By Decision C(2007) 3371 of 13 July 2007, the Commission gave a framework mandate to the Agency to perform certain activities under Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans- () OJL 191, 18.7.2008, p. 1. () OJ L 164, 30.4.2004, p. 1, as corrected O] L 220, 21.6.2004, p. 3. European high-speed rail system (*) and Directive 2001/16/ EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans- European conventional rail system (*). Under the terms of this framework mandate, the Agency was requested to perform the revision of the TSI Rolling Stock — Freight wagon, adopted by Commission Decision 2006/861/EC of 28 July 2006 concerning the technical specification of interoperability relating to the subsystem rolling stock — freight wagons of the trans-European conventional rail system (°), as well as to provide technical opinions on critical errors and to publish a list of detected minor errors. The entry into force of the 1999 Convention concerning International Carriage by Rail (COTIF) on 1 July 2006 brought in new rules governing the technical specifications applicable to wagons. The former RIV Agreement between railway undertakings was replaced partially by a new private and voluntary agreement, the General Contract of Use (GCU) (°) between railway undertakings and wagon keepers, as well as by Decision 2006/861/EC. Whilst wagons registered under the RIV agreement required only one authorisation issued by the registering Railway Undertaking, Directive 2001/16/EC required an authorisa- tion for each Member State. This problem was provisionally resolved by section 7.6 of the Annex to Decision 2006/ 861/EC which provides that once safety certification or OJ L 235, 17.9.1996, p. 6. OJ L 110, 20.4.2001, p. 1. OJ L 344, 8.12.2006, p. 1. The GCU website: http:|/www.gcubureau.org