19.3.2008 Official Journal of the European Union L 771 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 20 December 2007 concerning a technical specification for interoperability relating to the ‘infrastructure’ sub-system of the trans-European high-speed rail system (notified under document number C(2007) 6440) (Text with EEA relevance) (2008/217EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, Having regard to Directive 96/48/EC of 23 July 1996 of the Council on the interoperability of the trans-European high speed rail system (1), and in particular Article 6 (1) thereof, Whereas: 1 In accordance with Article 2(c) and Annex II of Directive 96/48EC, the trans-European high speed rail system is subdivided into structural and functional subsystems, including an infrastructure subsystem. Commission Decision 2002/732/[EC () established the first technical specification for interoperability (TSI) concerning the trans-European high speed infrastructure sub-system. It is necessary to review that first TSI in light of technical progress and experience gained from its implementation. The AEIF, as joint representative body, had been given a mandate to review and revise that first TSI. Decision 2002/ 732[EC should therefore be replaced by this Decision. (" OJL 235,17.9.1996, p. 6, Directive as amended by Directive 2007/ 32/EC (O] L 141, 2.6.2007, p. 63). () OJ L 245, 12.9.2002, p. 143. () The draft revised TSI has been examined by the Committee set up by Directive 96/48/EC This TSI should apply to new or upgraded and renewed infrastructure, under certain conditions. This TSI is without prejudice to the provisions of other relevant TSIs which may be applicable to infrastructure subsystems. The first TSI concerning the ‘infrastructure’ sub-system, came into force in 2002. Due to existing contractual commitments, new infrastructure sub-systems or interoper- ability constituents, or their renewal and upgrade should fall under conformity assessment under the provisions of this first TSI Further, the first TSI should remain applicable for the purposes of maintenance, maintenance related replacements for components of the subsystem and interoperability constituents authorised under the first TSL,. Therefore, the effects of Decision 2002/732/EC should be maintained in force in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision. In order to determine the difference in scope of applicability of the first TSI, from the new TSI which is in annex to the present Decision, Member States shall notify, not later than six months after the date on which the present Decision becomes applicable, a list of the sub-systems and interoperability constituents to which the first TSI is still applicable.