26.5.2011 Official Journal of the European Union L 1391 II (Non-legislative acts) DECISIONS COMMISSION DECISION of 26 April 2011 concerning a technical specification for interoperability relating to the rolling stock subsystem — ‘Locomotives and passenger rolling stock’ of the trans-European conventional rail system (notified under document C(2011) 2737) (Text with EEA relevance) (2011/291/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European should cover the rolling stock subsystem in order to meet the essential requirements and ensure the interoper- ability of the rail system. Union, (4)  The TSI on rolling stock to be set up by this Decision ) o does not fully deal with all essential requirements. In Having regard to Directive 2008/57/EC of the European accordance with Article 5(6) of Directive 2008/57/EC, Paﬂ}ament and the Council Of 17 June 2008 on ‘the interoper- technical aspects which are not covered should be ability of the rail system within the Community (!), and in identified as open points. particular Article 6(1) thereof, Whereas: (5)  The TSI on rolling stock should refer to Commission Decision 2010/713/EU of 9 November 2010 on modules for the procedures for assessment of (1) In accordance with Article 2(e) and Annex II of Directive conformny, su1tab1¥1ty for use apd EC VeI:lflCathl’l o be 2008/57/EC, the rail system is subdivided into structural used in the techr.ncal- specifications for interoperability and functional subsystems, including a rolling stock adopted under Directive 2098/35 7[EC of the European subsystem. Parliament and of the Council (}). (2 By Decision C(2006) 124 final of 9 February 2007, the (6) In accordance with Article 17(3) of Directive Commission gave a mandate to the European Ra1lway 2008/57/EC, Member States are to notify to the Agency  (hereinafter ‘the Agency)) to develop technical Commission and other Member States the technical specifications for interoperability (TSIs) under Directive rules, the conformity assessment and verification 2001/ ?6/EC of the European Parl1ament and .O.f the procedures to be used for the specific cases, as well as Council of 19 March 2001 on the interoperability of the bodies responsible for carrying out these procedures. the trans-European conventional rail system (?). Under the terms of that mandate, the Agency was requested to draw up the draft TSIs related to passenger carriages and locomotives and traction ugits, relaFed to the rolling 7) Commission Decision 2008/163/EC of 20 December stock subsystem of the conventional rail system. 2007 concerning the technical specification of interoper- ability relating to ‘safety in railway tunnels’ in the trans- European conventional and high-speed rail system (), (3)  Technical specifications for interoperability (TSIs) are includes in its scope some requirements of the rolling specifications adopted in accordance with Directive stock running in the conventional rail system. 2008/57[EC. The TSI to be set up by this Decision Therefore Decision 2008/163/EC should be amended (") OJ L 191, 18.7.2008, p. 1. () OJ L 319, 4.12.2010, p. 1. () O] L 110, 20.4.2001, p. 1. () O] L 64, 7.3.2008, p. 1.