L 84/132 Official Journal of the European Union 26.3.2008 COMMISSION DECISION of 21 February 2008 concerning a technical specification for interoperability relating to the ‘rolling stock’ sub-system of the trans-European high-speed rail system (notified under document number C(2008) 648) (Text with EEA relevance) (2008/232/CE) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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 96/48/EC, the trans-European high speed rail system is subdivided into structural and functional subsystems, including a rolling stock subsystem. (2)  Commission Decision 2002/735/EC (?) established the first technical specification for interoperability (TSI) concerning the trans-European high speed rolling stock sub-system. (3) It is necessary to review that first TSI in light of technical progress and experience gained from its implementation. (4)  The AEIF, as joint representative body, had been given a mandate to review and revise that first TSI. Decision 2002/735/EC should therefore be replaced by this Decision. (5)  The draft revised TSI has been examined by the Commit- tee set up by Directive 96/48/EC (6)  This TSI should apply to new or upgraded and renewed rolling stock, under certain conditions. (7)  This TSI is without prejudice to the provisions of other rel- evant TSIs which may be applicable to rolling stock subsystems. () OJ L 235, 17.9.1996, p. 6, Directive as amended by Directive 2004/50/EC (O] L 164, 30.4.2004, p. 114). (2) OJ L 245, 12.9.2002, p. 402 ®) (11) (12) The first TSI concerning the ‘rolling stock’ sub-system, came into force in 2002. Due to existing contractual com- mitments, new rolling stock sub-systems or interoperabil- ity 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 replace- ments for components of the subsystem and interoperabil- ity constituents authorised under the first TSI Therefore, the effects of Decision 2002/735/EC should be maintained in force in relation to the maintenance of projects autho- rised 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 s still applicable. This TSI does not impose the use of specific technologies or technical solutions except where this is strictly neces- sary for the interoperability of the trans-European high speed rail system. This TSI allows, for a limited period of time, for interop- erability constituents to be incorporated into sub-systems without certification if certain conditions are met. In its current version this TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 96/48/EC technical aspects which are not cov- ered are identified as ‘Open Points’ in Annex L of this TSI In accordance with Article 16(3) of Directive 96/48/EC, Member States shall notify to the Commission and other Member States a list of their national technical rules relat- ing to the ‘Open Points’ and the procedures to be used for their conformity assessment. In relation to the specific cases described in Chapter 7 of this TSI, Member States shall notify to the Commission and other Member States the conformity assessment proce- dures to be used.