14.5.2011 Official Journal of the European Union L 126/1 II (Non-legislative acts) DECISIONS COMMISSION DECISION of 26 April 2011 concerning a technical specification for interoperability relating to the ‘energy’ subsystem of the trans-European conventional rail system (notified under document C(2011) 2740) (Text with EEA relevance) (2011/274/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, subsystem in order to meet the essential requirements and ensure the interoperability of the rail system. (4 The TSI in Annex should refer to Commission Decision 2010/713[EU of 9 November 2010 on modules for the procedures for assessment of conformity, suitability for Having regard to Directive 2008/57/EC of the European use and EC verification to be used in the technical spec- Parliament and the Council of 17 June 2008 on the interoper- ifications for interoperability adopt‘ed under Directive ability of the rail system within the Community (!), and in 2008/ ?7/3EC of the European Parliament and of the particular Article 6(1) thereof, Council (). Whereas: (5 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 () In accordance with Article 2(¢) and Annex Il to Directive assessment and verification procedures to be used for 2008/57[EC, the rail system is subdivided into structural car El out these procedures p and functional subsystems, including an energy rymng p : subsystem. (6)  The TSI in Annex should be without prejudice to the (2) By Decision C(2006) 124 final of 9 February 2006, the provisions of other relevant TSIs which may be Commission gave a mandate to the European Railway applicable to energy subsystems. Agency (the Agency) to develop technical specifications for interoperability (TSIs) under Directive 2001/16/EC of the European Parliament and of the Council of 19 March . . - 2001 0?1 the interoperability of the trans-European (7). The TSI in Annex should not impose the use of specific conventional rail system (3. Under the terms of that technologies or technical solutions except where this is mandate. the Agen};y was 'requested to draw up the strictly necessary for the interoperability of the rail draft TSI related to the energy subsystem of the conven- system within the Union. tional rail system. (8) In accordance with Article 11(5) of Directive 0] 0] Technical specifications for interoperability (TSI) are spec- ifications adopted in accordance with the Directive 2008/57/EC. The TSI in Annex covers the energy L 191, 18.7.2008, p. 1. L 110, 20.4.2001, p. 1. 2008/57[EC, the TSI in Annex should allow, for a limited period of time, for interoperability constituents to be incorporated into subsystems without certification if certain conditions are met. () OJ L 319, 4.12.2010, p. 1.