8.12.2006 Official Journal of the European Union L 344[1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION 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 (notified under document number C(2006) 3345) (Text with EEA relevance) (2006/861/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 (!), and in particular Article 6(1) thereof, Whereas: 1 — ~ In accordance with Article 2(c) of Directive 2001/16/EC, the trans-European conventional rail system is subdivided into structural and functional subsystems. In accordance with Article 23(1) of the Directive, the subsystem ‘rolling stock — freight wagons’ needs to be covered by a technical specification for interoperability (TSI). The first step in establishing a TSI is to have a draft TSI drawn up by the European Association for Railway Interoperability (AEIF) which was appointed as the joint representative body. The AEIF has been given a mandate to draw up a draft TSI for the ‘rolling stock — freight wagons’ subsystem in accordance with Article 6(1) of Directive 2001/16/EC. The basic parameters for this draft TSI were adopted by Commission Decision 2004/446/EC of 29 April 2004 OJ L 110, 20.4.2001, p. 1. Directive as amended by Directive 2004/50[EC of the European Parliament and of the Council (O] L 164, 30.4.2004, p. 114, corrected by OJ L 220, 21.6.2004, p. 40). () C) specifying the basic parameters of the Noise, Freight Wagons and Telematics applications for freight Technical Specifications for Interoperability referred to in Directive 2001/16[EC (). The draft TSI set up on the basis of the basic parameters was accompanied by an introductory report containing a cost-benefit analysis as provided for in Article 6(5) of the Directive. The draft TSIs have been examined by the Committee set up by Council 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, in the light of the introductory report. Directive 2001/16/EC and the TSIs do apply to renewals but not to maintenance-related replacements. However Member States are encouraged, when they are able to do so and where it is justified by the scope of the maintenance- related work, to apply the TSIs to maintenance-related replacements. The putting into service of new, renewed or upgraded wagons must also take into full consideration the impact on the environment; this includes the impact of noise. It is therefore important that the implementation of the TSI being the subject of this Decision is carried out in conjunction with the requirements of the Noise TSI, to the extent that the Noise TSI applies to freight wagons. OJ L 155, 30.4.2004, p. 1, corrected by OJ L 193, 1.6.2004, p. 1 OJ L 235, 17.9.1996, p. 6. Directive as last amended by Directive 2004/50/EC.