Date: 2025-09-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2025/1968 of 28 April 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 Italy not to apply the requirement to install GSM-R in a tunnel set out in Commission Regulation (EU) No 1303/2014 (notified under document C(2025) 2437)
Issued by European Commission
· Directorate-General for Mobility and Transport
**Executive Summary**
This Commission Implementing Decision (EU) 2025/1968, dated April 28, 2025, addresses Italy's request for non-application of specific GSM-R requirements set forth in Commission Regulation (EU) No 1303/2014 for a new tunnel on the Mungivacca-Noicattaro line. Italy requested an exception until December 31, 2029, to point 4.2.1.8 (a) of the Annex to the Regulation. The Decision accepts Italy's request provided that alternative safety provisions are applied, and Italy informs the Commission should the non-application compromise railway system safety.
**Key Points / Main Content**
* **Request from Italy:**
* Italy requested an exception to point 4.2.1.8 (a) of the Annex to Commission Regulation (EU) No 1303/2014 for a new tunnel on the Mungivacca – Noicattaro line until 31 December 2029.
* The request is based on Article 7(1), point (c), of Directive (EU) 2016/797.
* **GSM-R Requirement:**
* Point 4.2.1.8 (a) requires radio communication between trains and infrastructure manager control centers in tunnels longer than 1 km using GSM-R.
* **Project Details:**
* The project involves a new 3,155 m tunnel as part of the Bari – Taranto railway line.
* **Cost Implication:**
* Complying with the GSM-R requirement would cost an additional EUR 4 million.
* **Alternative Provision:**
* Italy proposes applying point 1.1.1 of Annex 2, Part One, to Ministerial Decree 28 October 2005, enabling radio communication between staff on board trains and the control center.
* **Decision Outcome:**
* Italy's request for non-application is accepted, conditional on applying the alternative provision.
* The decision applies until 31 December 2029.
* **Safety Monitoring:**
* Italy must inform the Commission without delay if the non-application compromises railway system safety.
**Impact Analysis**
**Stakeholder:** Italian Republic
**Impact**
Italy is granted permission to proceed with the railway tunnel construction without adhering to the standard GSM-R requirements, potentially saving EUR 4 million.
**Action Required**
Italy must implement the alternative safety provisions, notify the Commission if safety is compromised, and ensure compliance with the decision until December 31, 2029.
**Stakeholder:** European Commission
**Impact**
The Commission oversees the implementation of Directive (EU) 2016/797 and ensures safety within the Union rail system.
**Action Required**
The Commission must monitor the application of the alternative safety provisions in Italy and be prepared to respond should any compromise in railway safety be reported.
Key Entities Referenced
Directive (EU) 2016/797: Directive of the European Parliament and of the Council on the interoperability of the rail system within the European Union. Sets essential safety requirements for the Union rail system.
Commission Regulation (EU) No 1303/2014: Commission Regulation concerning the technical specification for interoperability relating to 'safety in railway tunnels' of the rail system of the European Union, particularly point 4.2.1.8(a) regarding radio communication requirements in tunnels.
Italy: The Italian Republic, which requested an exemption from applying GSM-R installation requirements in a specific tunnel. This Decision addresses their request.
Mungivacca – Noicattaro line: A railway line in Italy where a new tunnel is being built. The decision concerns a request to not apply certain regulations to this new tunnel.
GSM-R: Global System for Mobile Communications – Railway, a standard for radio communication required in railway tunnels exceeding 1 km in length, but for which Italy requested a non-application.
Official Journal EN
of the European Union L series
2025/1968 29.9.2025
COMMISSION IMPLEMENTING DECISION(EU) 2025/1968
of 28 April 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 Italy not to apply the requirement to install GSM-R in a tunnel
set out in Commission Regulation (EU) No 1303/2014
(notified under document C(2025) 2437)
(Only the Italian 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 11 December 2023, Italy submitted to the Commission a request for non-application of point 4.2.1.8 (a) of the
Annex to Commission Regulation (EU) No 1303/2014(2) to the new tunnel on the Mungivacca – Noicattaro line
until 31 December 2029 (the ‘request’). The request was submitted on the basis of Article 7(1), point (c), of Directive
(EU) 2016/797.
(2) Point 4.2.1.8 (a) of the Annex to Regulation (EU) No 1303/2014 sets out the requirement that radio communication
between the train and the infrastructure manager control centre is to be provided in each tunnel of more than 1 km in
length with Global System for Mobile Communications – Railway (GSM-R).
(3) The project referred to in the request consists of building a new tunnel with a length of 3 155 m from km 7 + 304 to
km 10 + 459 as part of a larger project to double the track of the Bari – Taranto railway line between Mungivacca and
Noicattaro.
(4) According to the documents submitted by Italy, complying with point 4.2.1.8 (a) of the Annex to Regulation (EU)
No 1303/2014 would entail an additional cost of EUR 4 million, as approximately 60 km of track in the
surrounding area would need to be equipped with GSM-R.
(5) As an alternative provision, Italy proposes to apply point 1.1.1 of Annex 2, Part One, to Ministerial Decree
28 October 2005 – Safety in railway tunnels (‘Radio communication system’), which lays down that a system is to be
provided to enable radio communication between staff on board trains and between them and the control centre.
This national rule has been notified to the Commission and to the European Union Agency for Railways pursuant to
Article 14(1), point (c), of Directive (EU) 2016/797, under rule IT-FI-1586-1-A.
(6) In practice, mobile communication infrastructure with signals in the GSM Primary band that is capable of repetition
of signals to the four main mobile operators would be used as well as ultra high frequency security infrastructure with
signals in the 400-470 MHz band, which serves fire brigade teams. According to the documentation provided by
Italy, the suitability of those alternative arrangements has been positively assessed by the National Agency for the
Safety of Railways and Road and Highway Infrastructure.
(1) OJ L 138, 26.5.2016, p. 44, ELI: http://data.europa.eu/eli/dir/2016/797/oj.
(2) Commission Regulation (EU) No 1303/2014 of 18 November 2014 concerning the technical specification for interoperability relating
to ‘safety in railway tunnels’ of the rail system of the European Union (OJ L 356, 12.12.2014, p. 394, ELI: http://data.europa.eu/eli/reg/
2014/1303/oj).
ELI: http://data.europa.eu/eli/dec_impl/2025/1968/oj 1/2EN
OJ L, 29.9.2025
(7) Based on the justification for the request provided by Italy and the alternative provision 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 new
tunnel on the Mungivacca – Noicattaro line. The request should therefore be accepted.
(8) Safety, as set out by Directive (EU) 2016/797, is an essential requirement which shall 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 4.2.1.8 (a) of the Annex to Commission
Regulation (EU) No 1303/2014 could compromise the safety of the railway system.
(9) 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 Italy for non-application of point 4.2.1.8 (a) of the Annex to Regulation (EU) No 1303/2014 to the new
tunnel on the Mungivacca – Noicattaro line is accepted on the condition that the alternative provision proposed by Italy is
applied.
Italy 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 Italian Republic.
It shall apply until 31 December 2029.
Done at Brussels, 28 April 2025.
For the Commission
Apostolos TZITZIKOSTAS
Member of the Commission
2/2 ELI: http://data.europa.eu/eli/dec_impl/2025/1968/oj