18.12.2006 Official Journal of the European Union L 359/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 August 2006 concerning the technical specification of interoperability relating to the subsystem ‘Traffic Operation and Management’ of the trans-European conventional rail system (notified under document number C(2006) 3593) (Text with EEA relevance) (2006/920/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 ‘Traffic Operation and Management’ 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 ‘Traffic Operation and Management’ subsystem in accordance with Article 6(1) of Directive 2001/16/EC. The basic parameters provided for in Article 6(4) of this Directive were discussed as part of the attached TSI (") OJ L 110, 20.4.2001, p. 1. Directive as amended by Directive 2004/ 50/EC (O] L 164, 30.4.2004, p. 114, corrected by O] L 220, 21.6.2004, p. 40). () ) The draft TSI 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. In its current version the TSI does not fully deal with all aspects of interoperability; the items which are not dealt with are classified as ‘Open Points’ in Annex U of the TSI Given that the verification of interoperability has to be established by reference to the requirements of the TSIs, in accordance with Article 16(2) of Directive 2001/16/EC, it is necessary, during the transition period between the publication of this Decision and the full implementation of the attached TSI, to lay down the conditions to be complied with in addition to those explicitly referred to in the TSI attached. To this end, Member States are to inform the other Member States and the Commission of the relevant national technical rules in use for achieving interoperability and meeting the essential requirements of Directive 2001/16/EC as well as of the bodies it appoints for carrying out the procedure for the assessment of conformity or suitability for use as well as the checking procedure in use for verifying the interoperability of subsystems within the meaning of Article 16(2) of Directive 2001/16/EC. The Commission should carry out an analysis of the information forwarded by the Member States and, where appropriate, should discuss with the Committee the need for the adoption of any further measures. OJ L 235, 17.9.1996, p. 6. Directive as last amended by Directive 2004/50[EC.