14.5.2011 Official Journal of the European Union L 126/53 COMMISSION DECISION of 26 April 2011 concerning a technical specification for interoperability relating to the ‘infrastructure’ subsystem of the trans-European conventional rail system (notified under document C(2011) 2741) (Text with EEA relevance) (2011/275/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, Whereas: (1)  In accordance with Article 2(¢) of and Annex II to Directive 2008/57EC, the rail system is subdivided into structural and functional subsystems, including an infra- structure subsystem. (2) By Decision C(2006) 124 final of 9 February 2006, the Commission gave a mandate to the European Railway 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 on the interoperability of the trans-European conventional rail system (?). Under the terms of that mandate, the Agency was requested to draw up the draft TSI related to the infrastructure subsystem of the conventional rail system. (3)  Technical specifications for interoperability (TSI) are specifications adopted in accordance with Directive 2008/57[EC. The TSI in Annex covers the infrastructure subsystem in order to meet the essential requirements and ensure the interoperability of the rail system. (4 The TSI in Annex does not fully deal with all essential requirements. In accordance with Article 5(6) of Directive 2008/57EC technical aspects which are not covered are identified as open points in Annex F of this TSI (5 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 (") OJ L 191, 18.7.2008, p. 1. OJ L 110, 20.4.2001, p. 1. use and EC verification to be used in the technical spec- ifications for interoperability adopted under Directive 2008/57[EC of the European Parliament and of the Council (3). (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. (7). The TSI in Annex should be without prejudice to the provisions of other relevant TSIs which may be applicable to infrastructure subsystems. (8)  The TSI in Annex should not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the rail system within the Union. (9) In accordance with Article 11(5) of Directive 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. (100 To continue to encourage innovation and to take into account the experience acquired, the TSI in Annex should be subject to periodic revision. (11)  The measures provided for in this Decision are in conformity with the opinion of the Committee estab- lished in accordance with Article 29(1) of Directive 2008/57[EC, HAS ADOPTED THIS DECISION: Article 1 A technical specification for interoperability (TSI) relating to the infrastructure subsystem of the trans-European conventional railway, is hereby adopted by the Commission. The TSI shall be as set out in the Annex to this Decision. () OJ L 319, 4.12.2010, p. 1.