8.2.2006 Official Journal of the European Union L 371 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 December 2005 concerning the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ of the trans-European conventional rail system (notified under document number C(2005) 5666) (Text with EEA relevance) (2006/66/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 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 subdi- vided into structural and functional subsystems. In accordance with Article 23(1) of the Directive, the subsystem ‘noise’ 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. 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 OJ L 220, 21.6.2004, p. 40). — — ~ ~ The AEIF has been given a mandate to draw up a draft TSI for the subsystem ‘noise’ in accordance with Article 6 (1) of the Directive. The basic parameters for this draft TSI were adopted by Commission Decision 2004446/ EC of 29 April 2004 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 the cost-benefit analysis as provided for in Article 6(5) of the Directive. The draft TSI has been examined by the Committee set up under Article 21 of Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans- European high-speed rail system (), 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 main- tenance-related replacements. OJ L 155, 30.4.2004, p. 1, corrected by OJ L 193, 1.6.2004, p. 1. O] L 235, 17.9.1996, p. 6. Directive as last amended by Directive 2004/50/EC.