12.4.2013 Official Journal of the European Union L 104/1 (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 321/2013 of 13 March 2013 concerning the technical specification for interoperability relating to the subsystem ‘rolling stock — freight wagons’ of the rail system in the European Union and repealing Decision 2006/861/EC (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 inter- operability of the rail system within the Community, (!) and in particular Article 6(1) second subparagraph thereof, Whereas: 1 ) 0] 0] Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (3 requires the European Railway Agency (the Agency) to ensure that the technical specifications for interoper- ability (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. With Decision C(2010) 2576 of 29 April 2010, the Commission gave the Agency a mandate to develop and review the technical specifications for interoperability with a view to extending their scope to the European Union’s entire rail system. Under the terms of that mandate, the Agency was asked to extend the scope of the Technical Specification for Interoperability relating to the subsystem ‘rolling stock — freight wagons’ to the European Union’s entire rail system. On 1 February 2012 the European Railway Agency submitted a recommendation on the revised Technical Specification for Interoperability (TSI) relating to the subsystem ‘rolling stock — freight wagons'. L 191, 18.7.2008, p. 1. L 164, 30.4.2004, p. 1. ) () 0 () 0 The TSI on ‘rolling stock — freight wagons’ should not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the European Union’s rail system. The TSI on rolling stock which is to be established by this Regulation does not cover all the essential requirements set out in Annex III to Directive 2008/57[EC. In accordance with Article 5(6) of Directive 2008/57[EC, the technical aspects that are not covered should be identified as open points. In accordance with Article 17(3) of Directive 2008/57[EC, Member States are to notify to the Commission and other Member States the technical rules, the conformity assessment and verification procedures to be used in specific cases, and the bodies responsible for carrying out these procedures. The TSI on ‘rolling stock — freight wagons’ should refer to Commission Decision 2010/713/EU of 9 November 2010 on modules for the procedures for assessment of conformity, suitability for use and EC verification to be used in the technical specifications for interoperability adopted under Directive 2008/57/EC of the European Parliament and of the Council (). In accordance with Article 11(5) of Directive 2008/57[EC, the TSI on ‘olling stock — freight wagons’ should allow, for a limited period of time, inter- operability ~ constituents to be incorporated into subsystems without certification, provided that certain conditions are met. Commission Decision 2006/861/EC 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 (¥ should therefore be repealed. L 319, 4.12.2010, p. 1. L 344, 8.12.2006, p. 1.