Commission Implementing Decision (EU) 2025/1847 of 15 September 2025 laying down rules for the application of Directive (EU) 2016/797 of the European Parliament and of the Council as regards a request from Denmark not to apply the requirement regarding the railway track resistance to applied loads set out in Commission Regulation (EU) No 1299/2014 (notified under document C(2025) 6199)
Date: 2025-09-15
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Denmark, derogation from EU law, rail network, rail safety, safety standard, technical specification, trans-European network, transport infrastructure, vehicle on rails








L_202501847EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/1847


17.9.2025







            COMMISSION IMPLEMENTING DECISION (EU) 2025/1847
of 15 September 2025
         
laying down rules for the application of Directive (EU) 2016/797 of the European Parliament and of the Council as regards a request from Denmark not to apply the requirement regarding the railway track resistance to applied loads set out in Commission Regulation (EU) No 1299/2014


(notified under document C(2025) 6199)


(Only the Danish text is authentic)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (1), and in particular Article 7(4) thereof,

Whereas:







(1)


On 27 September 2022, Denmark submitted to the Commission a request for non-application of point 4.2.6 of the Annex to Commission Regulation (EU) No 1299/2014 (2) to a specific section of tracks 2, 3 and 5 at Slagelse Station, within a speed upgrade project, until 10 October 2036 (the ‘request’). The request was submitted on the basis of Article 7(1), point (c), of Directive (EU) 2016/797.












(2)


Point 4.2.6 of the Annex to Regulation (EU) No 1299/2014 sets out the requirement related to track resistance to applied loads. In particular, point 4.2.6.2.1 sets out that the track shall be designed to withstand longitudinal forces equivalent to the force arising from braking of 2,5 m/s2 for the performance parameters chosen in accordance with point 4.2.1 of that Regulation.












(3)


The request concerns a special track superstructure with low construction height that was installed in 2020 in a section of tracks 2, 3, and 5 above the platform tunnel at Slagelse Station located at TIB 1 km 92,95. The special track superstructure (‘Dtz’) is approved in Denmark. The compliance with the requirement of point 4.2.6.2.1 of the Annex to Regulation (EU) No 1299/2014 is not possible to be demonstrated due to the specificities of the special track superstructure.












(4)


According to the documents submitted by Denmark, complying with point 4.2.6 of the Annex to Regulation (EU) No 1299/2014 would entail an additional cost of EUR 18 to 21 million, as the installation of a new track superstructure fulfilling the requirements in point 4.2.6 would also require either raising the height of the platforms or the construction of a new tunnel to accommodate the structural height of such a track superstructure.












(5)


As an alternative measure, Denmark proposes to continue to use, during the period until 10 October 2036, Dtz, in accordance with national technical specifications on track parameters Banenorm BN1-6-6, Banenorm BN1-66-2, Banenorm BN1-38-6, Sporregler 1987 and technical specification no. 7795 Version 01.02.












(6)


Based on the justification for the request provided by Denmark and the alternative provisions proposed, the conditions set out in Article 7(1), point (c), and Article 7(4) of Directive (EU) 2016/797 can be considered as fulfilled for the specific section of tracks 2, 3 and 5 at Slagelse Station, within a speed upgrade project. The request should therefore be accepted.












(7)


Safety, as set out by Directive (EU) 2016/797, is an essential requirement which is to be met by the Union rail system, the subsystems and the interoperability constituents, including interfaces. The Commission should therefore be provided with any information indicating that the non-application of point 4.2.6 of the Annex to Regulation (EU) No 1299/2014 could compromise the safety of the railway system.












(8)


The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797,





HAS ADOPTED THIS DECISION:



Article 1
The request of Denmark for non-application of point 4.2.6 of the Annex to Regulation (EU) No 1299/2014 to the specific section of the renewal project of tracks 2, 3 and 5 at Slagelse Station, within a speed upgrade project, is accepted on the condition that the alternative measure proposed by Denmark is applied.
Denmark shall without undue delay inform the Commission in case it has information that the non-application may reasonably compromise the safety of the railway system.


Article 2
This Decision is addressed to the Kingdom of Denmark.
It shall apply until 10 October 2036.




Done at Brussels, 15 September 2025.


For the Commission

Apostolos TZITZIKOSTAS
            

Member of the Commission






(1)  
            OJ L 138, 26.5.2016, p. 44, ELI: http://data.europa.eu/eli/dir/2016/797/oj.

(2)  Commission Regulation (EU) No 1299/2014 of 18 November 2014 on the technical specifications for interoperability relating to the ‘infrastructure’ subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 1, ELI: http://data.europa.eu/eli/reg/2014/1299/oj).


ELI: http://data.europa.eu/eli/dec_impl/2025/1847/oj
ISSN 1977-0677 (electronic edition)