26.10.2010 Official Journal of the European Union L 28029 COMMISSION DECISION of 21 October 2010 amending Decisions 2006/920/EC and 2008/231/EC concerning the technical specifications of interoperability relating to the subsystem ‘Traffic Operation and Management’ of the trans- European conventional and high-speed rail systems (notified under document C(2010) 7179) (Text with EEA relevance) (2010/640/EU) 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 recommendations of the European Railway Agency of 17 July 2009 on consistent ERTMS rules in Control- Command and Signalling and Traffic Operation and Management TSIs (ERA/REC/2009-02/INT), on revised Annex P of Traffic Operation and Management TSIs for high-speed and conventional rail (ERA/REC/2009-03/INT), on revised Annex T of Traffic Operation and Management TSI for conven- tional rail (ERA/REC/2009-04/INT) and on an amendment aiming to achieve consistency between Directive 2007/59/EC and Traffic Operation and Management TSIs in respect to train driver competence provisions (ERA/REC/2009-05/INT), Whereas: (1) 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 ‘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. (2) 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 (") OJ L 191, 18.7.2008, p. 1. OJ L 164, 30.4.2004, p. 1. 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 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 revision of the conventional rail TSI on Traffic Operation and Management, adopted by Commission Decision 2006/920/EC (), and of the revised high-speed TSI on Traffic Operation and Management, adopted by Commission Decision 2008/231/EC (), as well as to provide technical opinions on critical errors and to publish a list of detected minor errors. (3) A European Train Control System (hereinafter ‘ETCS) and a Global System for Mobile communications — Railways  (hereinafter ‘GSM-R) are considered as important means on the way to a harmonised trans- European railway system. It is therefore necessary to harmonise the rules for these systems as early as possible. Following this principle, ETCS and GSM-R are specified in TSIs. (4) It is vital that the requirements laid down in TSIs are coherent and unambiguous. This means also that different TSIs may not refer to technical requirements in different stages of development All TSIs should therefore refer to identical technical requirements. (5)  In order to harmonise the relevant rules in the TSIs for ( ( ( ( 3 4 5 6 the trans-European conventional and high-speed rail system, the rules regarding operational aspects should be published as a Technical Document on the website of the Agency. 235, 17.9.1996, p. 6. 110, 20.4.2001, p. 1. 359, 18.12.2006, p. 1. ) O] L ) O] L ) O] L ) O] L 84, 26.3.2008, p. 1.