12.12.2014 Official Journal of the European Union L 356/179 COMMISSION REGULATION (EU) No 1301/2014 of 18 November 2014 on the technical specifications for interoperability relating to the ‘energy’ subsystem of the rail system in the 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) thereof, Whereas: (1)  Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council () requires the European Railway Agency (the Agency) to ensure that the technical specifications for interoperability (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 TSIs 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 ‘energy’, to the whole rail system in the Union. (3)  On 24 December 2012, the Agency issued a recommendation on the amendments to the TSI relating to the subsystem ‘energy’ (ERA/REC/11-2012/INT). (4)  In order to keep pace with technological progress 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 it deviates from or how it complements the relevant section of the TSI, and the innovative solution should be assessed by the Commission. If this assessment is positive, the Agency should devise the appropriate functional and interface specifications of the innovative solution and develop the relevant assessment methods. 5 The TSI energy established by this Regulation does not deal with all essential requirements. In accordance with gy y g q 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 to the Commission and other Member States the conformity assessment and verification procedures to be used for the specific cases as well as the bodies responsible for carrying out these procedures. The same obligation should be provided as regards to open points. (7)  Rail traffic currently operates under existing national, bilateral, multinational or international agreements. It is im- portant 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 2008/57 [EC, the TSI on energy should allow, for a limited period of time, for interoperability constituents to be incorporated into subsystems without certification if certain condi- tions 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).