L 356/228 Official Journal of the European Union 12.12.2014 COMMISSION REGULATION (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the ‘rolling stock — locomotives and passenger rolling stock’ subsystem of the rail system in the European Union (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the intero- perability of the rail system within the Community ('), and in particular Article 6(1) second subparagraph thereof, Whereas: (1)  Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council () establishing a European Railway Agency (Agency Regulation) requires the European Railway Agency (hereinafter ‘the Agency) to ensure that the technical specifications for interoperability (hereinafter the ‘TSIs’) are adapted to technical progress, market trends and social requirements and to propose to the Commission the amendments to the TSIs which it considers necessary. (2) By Decision C(2010) 2576 of 29 April 2010, the Commission gave the Agency a mandate to develop and review the TSI's with a view to extending their scope to the whole rail system in the Union. Under the terms of that mandate, the Agency was requested to extend the scope of the TSI relating to the subsystem ‘rolling stock — locomotives and passenger rolling stock’, to the whole rail system in the Union. (3)  On 12 December 2012, the Agency issued a recommendation on the revised TSI relating to the subsystem ‘rolling stock — locomotives and passenger rolling stock’. (4)  In order to follow technological evolution and encourage modernisation, innovative solutions should be promoted and their implementation should, under certain conditions, be allowed. Where an innovative solution is proposed, the manufacturer or his authorised representative should state how they deviate from or how they complement to the relevant section of the TSI, and the innovative solution should be assessed by the Commis- sion. If this assessment is positive, the Agency should define the appropriate functional and interface specifica- tions of the innovative solution and develop the relevant assessment methods. (5)  The TSI on rolling stock established by this Regulation does not deal with all essential requirements. In accord- ance with Article 5(6) of Directive 2008/57[EC, technical aspects which are not covered by it should be identified as ‘open points’ governed by national rules applicable in each Member State. (6)  In accordance with Article 17(3) of Directive 2008/57/EC, Member States are to notify the Commission and other Member States the technical rules, the conformity assessment and verification procedures to be used for the specific cases, and the bodies responsible for carrying out these procedures. The same obligation should be provided as regards to open points. (7)  Rolling stock currently operates under existing national, bilateral, multinational or international agreements. It is important that these agreements do not hinder current and future progress towards interoperability. The Member States should therefore notify such agreements to the Commission. (8)  In accordance with Article 11(5) of Directive 2008/57EC, the TSI on rolling stock should allow, for a limited period of time, for interoperability constituents to be incorporated into subsystems without certification if certain conditions are met. () OJL191,18.7.2008,p. 1. (¥ Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (OJ'L 164, 30.4.2004, p. 1).