13.4.2011 Official Journal of the European Union L 991 II (Non-legislative acts) DECISIONS COMMISSION DECISION of 4 April 2011 concerning the technical specifications of interoperability relating to the subsystem ‘rolling stock - noise’ of the trans-European conventional rail system (notified under document C(2011) 658) (Text with EEA relevance) (2011/229/EV) 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) thereof, Having regard to the recommendation of the European Railway Agency (No ERA/REC/02-2010/INT) of 30 March 2010, Whereas: Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council (%) requires that the European Rail Agency (hereinafter ‘the Agency’) shall ensure that the technical specifications for interoperability (hereinafter referred to as ‘TSIs) are adapted to technical progress and market trends and to the social requirements and propose to the Commission the amendments to the TSIs which it considers necessary. By Decision C(2007)3371 of 13 July 2007, the Commission gave a framework mandate to the Agency to perform certain activities under Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (}) and Directive 2001/16/EC of the European Parliament and 191, 18.7.2008, p. 1. 0] L 0] L 220, 21.6.2004, p. 3. 0J L 235, 17.9.1996, p. 6. of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system (*). Under the terms of this framework mandate, the Agency was requested to perform the limited revision of the conventional rail TSI on Rolling stock — Noise (hereinafter ‘TSI Noise’), adopted by Commission Decision 2006/66EC (°). A reference track whose use is mandatory under TSI Noise is not available in every Member State, and the Member States cannot be obliged to create one. This has prevented the development of a level playing field for all actors in the European Union and has created the financial burden which is higher than foreseen in the original Decision. Numerous problems regarding the availability of reference track, the test methods and the test costs have been signalled to the Commission and to With the present Decision the Commission intends to clarify responsibilities with regard to the reference track, allow testing on non-reference track while assuring a proper collection and recording of comparable data for a future TSI revision, reduce the burden of proof compliance for small batches of vehicles and include the latest developments with regard to ISO EN 3095 The noise limits and the scope will remain unchanged. This Decision therefore constitutes only a limited revision of TSI Noise and does not compromise a full revision of TSI Noise as provided in Section 7 of the TSI For the sake of clarity and simplicity, it is better to replace Decision 2006/66/EC as a whole. (3) the Agency. ) standard. () (6) () OJ L 110, 20.4.2001, p. 1. () O] L 37, 8.2.2006, p. 1.