31.5.2011 Official Journal of the European Union L 144/1 (Non-legislative acts) DECISIONS COMMISSION DECISION of 12 May 2011 concerning the technical specification for interoperability relating to the ‘operation and traffic management’ subsystem of the trans-European conventional rail system (notified under document C(2011) 3099) (Text with EEA relevance) (2011/314/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, Whereas: 1 Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (3 requires the European Railway Agency (hereinafter referred to as ‘the Agency)) to 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 to 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 of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system (*). Under the terms of that framework mandate, the Agency was requested to revise the TSI adopted by Commission Decision 2006/920/EC of 11 August 2006 concerning 191, 18.7.2008, p. 164, 30.4.2004, p. M oL 1. @ oL 1. () OJ L 235, 17.9.1996, p. 6. ® oL 1. 110, 20.4.2001, p. O] O] the technical specification of interoperability relating to the subsystem ‘Traffic Operation and Management’ of the trans-European conventional rail system (°). On 17 July 2009, the Agency issued four recommen- dations concerning European Rail Traffic Management System (ERTMS) operating rules (ERA/REC/2009- 02/INT), the revision of Annex P of the TSIs on operation and traffic management (ERA/REC/2009- 03/INT), the revision of Annex T of the TSI on operation and traffic management for conventional rail (ERA/REC[2009-04/INT), and the consistency with Directive 2007/59/EC in respect to train driver competencies  (ERA/REC[2009-05/INT),  respectively. Those four recommendations led to the draft Commission decision amending Decisions 2006/920/EC and 2008/231/EC concerning TSIs on operation and traffic management, which, on 25 February 2010, received the positive opinion of the Committee estab- lished in accordance with Article 29(1) of Directive 2008/57 [EC. The Agency’s recommendation of 7 May 2010 (ERA/REC/03-2010/INT) proposes further amendments to the TSI on operation and traffic management for conventional rail concerning, inter alia, train visibility (rear end), identifications of trains, and consistency with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infra- structure capacity and the levying of charges for the use of railway infrastructure and safety certification (°). For the sake of clarity and simplicity, it is appropriate to replace Decision 2006/920/EC. L 359, 18.12.2006, p. 1. L 164, 30.4.2004, p. 44.