L 64/72 Official Journal of the European Union 7.3.2008 COMMISSION DECISION of 21 December 2007 concerning the technical specification of interoperability relating to ‘persons with reduced mobility’ in the trans-European conventional and high-speed rail system (notified under document C(2007) 6633) (Text with EEA relevance) (2008/164[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, Having regard to Directive 2001/16/EC of 19 March 2001 of the European Parliament and of the Council on the interoperability of the conventional rail system (1), and in particular Article 6 (1) thereof, Having regard to Directive 96/48/EC of 23 July 1996 of the European Parliament and of the Council on the interoperability of the high-speed rail system (?), and in particular Article 6 (1) thereof Whereas: (1) In accordance with Article 5(1) of Directive 2001/16/EC, and Article 5(1) of Directive 96/48/EC, each of the subsystems shall be covered by one TSI. Where necessary, a subsystem may be covered by several TSIs and one TSI may cover several subsystems. The decision to develop and| or to review a TSI and the choice of its technical and geographical scope requires a mandate in accordance with Article 6(1) of Directive 2001/16/EC and Article 6(1) of 96/48[EC; (2) Annex II of Directive 2001/16/EC provides that the needs of persons with reduced mobility shall be taken into account in the elaboration of a TSI for subsystem Infrastructure (section 2.1 of the Directive) and for subsystem Rolling Stock (section 2.6 of Annex II of the Directive 2001/16/EC). In this respect a mandate was granted to the European Association for Railway Interoper- ability (AEIF), which was appointed as the joint representa- tive body, to draw up a draft TSI for ‘accessibility for persons with reduced mobility’ containing provisions to be applied to both the infrastructure and rolling stock; (3) In 2001 the AEIF were granted a mandate to revise the first set of high speed TSIs which had been adopted in 2002, related to the rolling stock, infrastructure, control- () OJ L 110, 20.4.2001, p. 1. () OJ L 235,17.9.1996, p. 6. command and signalling, energy, maintenance, and opera- tion sub-systems. As part of this part the AEIF were asked to consider, amongst other issues, the harmonisation of the TSIs with those on conventional rail interoperability and the accessibility for mobility-impaired persons. For this reason the draft TSI on persons with reduced mobility prepared by the AEIF covered both conventional and high speed rail. The first high speed TSI of the rolling stock sub-system, adopted as Annex to Decision 2002/735/EC, came into force in 2002. Due to existing contractual commitments, new rolling stock sub-systems or interoperability constitu- ents, or their renewal and upgrade may today fall under conformity assessment against this first TSI. As this TSI in Annex to this Decision is applicable to all new, renewed and upgraded high speed and conventional rail rolling stock, it is important to determine the scope of applicability of the first high speed rolling stock TSI which was adopted as Annex to Decision 2002/735/EC. Member States shall notify an exhaustive list of subsystems and interoperability constituents which are at an advanced stage of develop- ment, and fall under Article 7(a) of Directive 96/48/EC. These shall be notified to the Commission not later than six months after the date on which the present Decision becomes applicable. The draft TSI has been examined by the Committee set up by Concil Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (*) and referred to in Article 21 of Directive 2001/ 16/EC. The main stakeholders have been consulted during the elaboration of the draft TSI Their observations and concerns have been taken into account wherever possible. In its proposal for a Regulation on International Rail Passengers’ Rights and Obligations (), the Commission included several provisions ensuring that PRMs are given assistance on board of trains and in stations in order to O] L 235, 17.9.1996. Directive as last amended by Commission Directive 2007/32/EC (O] L 141, 2.6.2007, p. 63). Regulation of the European Parliament and of the Council on International Rail Passengers’ Rights and Obligations, COM(2004) 143 final of 3 March 2004.