Explanatory Memorandum to COM(2011)856 - Sound level of motor vehicles - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2011)856 - Sound level of motor vehicles. |
|---|---|
| source | COM(2011)856  |
| date | 09-12-2011 |
· Grounds for and objectives of the proposal
The objective of the proposal is to ensure a high level of health and environmental protection and to safeguard the Internal Market for motor vehicles as regards their sound level. The proposal aims at reducing environmental noise by introducing a new test method for measuring noise emissions, by lowering the noise limit values, by including additional sound emission provisions in the type-approval procedure. It aims also at ensuring road and occupational safety by introducing requirements regarding the minimum noise for electric and electric-hybrid vehicles.
· General context Initially the EU type-approval requirements on noise were based on Internal Market objectives and focused mainly on setting harmonised noise limits for motor vehicles. As more information about the health impacts of noise became available, the need for a higher level of protection of EU citizens through further EU-wide measures became more imminent. The European Commission Green Paper on Noise from 1996 i estimated that around 20 % of the then EU population suffered from noise levels that scientists and health experts consider to be unacceptable. Based on information from EU Member States, the European Environment Agency has estimated, that half of the population in urban areas is exposed to noise levels above 55 dB(A) as a result of ambient road noise. Over the years, considerable research effort, including large EU-funded projects, has been dedicated to the quantitative assessment of the relationship between environmental noise and its effects. Although the approaches and the scope of the various studies differ, common ground can be found in the terms of harmful effects and annoyance that noise generates. These findings have been confirmed by the 2008 WHO-report ‘Economic valuation of transport-related health effects, with a special focus on children’. The Communication from the European Commission regarding a European strategy on clean and energy efficient vehicles of 28.04.2010 i announced that the European Commission will present a proposal in 2011 to amend the respective legislation to reduce the noise emissions of vehicles. This proposal will introduce a new test method for measuring the noise emissions and change the limit values for the type-approval of motor vehicles. It will also address for the first time the issue of the minimum noise level of electric or hybrid electric vehicles.
· Existing provisions in the area of the proposal Noise emissions of four-wheel motor vehicles are addressed by Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles i, as modified by Directives 73/350/EEC, 77/212/EEC, 81/334/EEC, 84/372/EEC, 84/424/EEC, 87/354/EEC, 89/491/EEC, 92/97/EEC, 96/20/EC, 99/101/EC, 2006/96/EC, 2007/34/EC - and by the equivalent UNECE Regulation No 51 on noise emissions. The draft proposal will repeal Directive 70/157/EEC and its subsequent amendments. Compared to the existing act, the draft proposal will lay down new requirements: new test protocol, new limit values, additional sound emission provisions and minimum noise for electric and electric-hybrid vehicles. – New test protocol: The noise limits have been reduced several times, the most recent being in 1995. This last reduction did not have the expected effects and subsequent studies showed that the measurement method does not reflect real world driving behaviour anymore. It was therefore decided that, before reducing the limits once again, it is first of all necessary to develop a new test cycle and bring the driving conditions for the noise test closer in line with real life driving operation. The UNECE Working Group on Noise has elaborated a new test method which was published in 2007. During a period of three years this new method has been used on a provisional basis in parallel with the existing test method in order to get practical experience with the application of this new method, to evaluate its qualities and to establish a database with measurement results. During the monitoring periods the type-approval authorities were obliged to execute the noise emission tests according to both methods and to submit the results of both tests to the European Commission. By this procedure a database of parallel test results had been collected that offered a good opportunity to investigate the qualities of the new method and to quantify the differences between the results of the two methods. The test results of the new method are depending on the vehicle category, up to 2 dB(A) less than those obtained under the old method. – New limit values: On the basis of the results of the monitoring data an impact assessment has been prepared with different policy options for the noise test method and corresponding limit values. According to the most preferable option the limit values for light and medium size vehicles will be lowered in two steps of each 2 dB(A) and for heavy vehicles in a first step of 1 and a second step of 2 dB(A). This will result in a reduction of the noise impact of about 3 dB(A) for free flowing traffic and up to 4 dB(A) for intermittent traffic. The reduction of the number of highly annoyed people will be 25 %. The cost-benefit ratio for this measure is estimated to be around 20 times in favour of the noise reduction compared to no action taken. – Additional sound emissions provisions: The representativeness of the new test method for the noise emission during normal traffic conditions is considered good, but it is less representative for noise emissions under worst case conditions. Therefore it was necessary to implement Additional Sound Emission Provisions. They are preventive requirements intended to cover driving conditions of the vehicle in real traffic outside the type-approval driving cycle. These driving conditions are environmentally relevant and it needs to be ensured that the sound emission of a vehicle under street driving conditions does not differ significantly from what can be expected from the type approval test result for this specific vehicle. – Minimum noise of electric and electric-hybrid vehicles: The increase of hybrid and electric vehicles on European roads is welcomed because it is serving to significantly reduce air pollution and traffic noise. But these positive environmental benefits have produced the unintended consequence of removing a source of audible signal that is in particular used by blind and low vision people to inform them of the approach, presence, direction or departure of road vehicles. A working group on minimum sound levels for silent vehicles has been set up by UNECE. Taking into account the discussions and the information provided in this group it is proposed to amend the noise legislation with an Annex harmonising the performance of Approaching Vehicle Audible Systems if they are fitted to a vehicle. The fitting of such systems however shall be voluntary and remain an option under the discretion of the vehicle manufacturers. · Consistency with the other policies and objectives of the Union The proposal is consistent with the EU objective to provide for a high level of road and occupational safety and environmental protection.
· Consultation of interested parties|
In developing the proposal the European Commission has consulted stakeholders. There was a general consultation in the framework of CARS 21 gathering Member States, manufacturers (European and national representatives and individual companies), component manufacturers, transport organisations and user representatives. The working group number 4 of CARS 21 in charge of “Internal Market, emissions and CO2 policies” discussed all aspects of the proposal. The proposed measures received overall support. The new test protocol for measuring vehicle noise emissions has been evaluated positively and should be used for type-approval, together with provisions for off-cycle noise emissions.|
· Impact assessment The European Commission had an impact assessment carried out by TNO – Venoliva – Vehicle Noise Limit Values – Comparison of two noise emission test methods – 2011. Different options were considered for the proposal which covered environmental, social and economic aspects: 1. No change. In this option the current limit values together with the allowances will remain valid, as well as the old measurement method. 2. New method – old limit values. In this option, the new measurement method will be combined with the current set of limit values. 3. New method – new limit values equivalent to old ones. This option aims at the use of the new test method in combination with limit values, such that they do not lead to more severe requirements than incorporated in the current test method and application limit values. This option foresees new limit values that will not modify the level of stringency compared to the old system. 4. New method – new limit values with noise reduction potential. This option proposes new limit values in combination with the new test method in such a way that a reduction of the authorised noise emissions per motor vehicle may be expected. The proposed reduction of the vehicle noise limit values by 3 dB(A) for light vehicles and 2 dB(A) for heavy duty vehicles might take effect two years after the date of publication of the present proposal. 5. New method – new limit values with noise reductions potential in a two step approach. In comparison with option 4, in policy option 5, a more ambitious final target for noise reduction is pursued. This would be achieved in two stages. The first step is a reduction of 2 dB(A) for light vehicles and 1 dB(A) for heavy vehicles and can be introduced two years after the date of publication of the present proposal. The second step is a reduction of 2 dB(A) for light vehicles and 2 dB(A) for heavy vehicles. It will require more development effort and a more drastic set of technical measures: according to the contractor, this step could be introduced two years after the first step. The total reduction would be 4 dB(A) for light vehicles and 3 dB(A) for heavy vehicles. The conclusion is that policy option 5 is to be chosen. 3. Legal elements of the proposal · Summary of the proposed action The proposal updates the requirements for the type-approval system as regards the sound level of motor vehicles and of their exhaust systems. In particular, it introduces a new test method for noise emissions measurement, lowers noise limit values and introduces additional sound emission provisions in the EU type-approval procedure. Furthermore, it takes into account technological changes by laying down new requirements regarding the minimum noise for electric and electric-hybrid vehicles. · Legal basis The legal basis of the proposal is Article 114 of the Treaty on the Functioning of the European Union. · Subsidiarity principle As noise emission limits and the type-approval procedure for motor vehicles are already harmonised any modifications to the Motor Vehicle Noise Directive 70/157/EEC can only be done at EU level. This does not only prevent fragmentation of the Internal Market, but also ensures equal health, safety and environmental standards across the EU. It also offers advantages of economies of scale: products can be made for the whole European market, instead of being customised to obtain national type-approval for every single Member State. Given the current levels of environmental noise and affected citizens and the fact that EU noise limits have not changed in the last decade despite increasing traffic levels, a change in limits to remedy this situation is considered proportional. Union action will better achieve the objectives of the proposal because it will avoid fragmentation of the Internal Market which would otherwise arise and will enhance the safety and environmental performance of vehicles. This is clearly the case for vehicle noise limits, due to the international nature of road traffic, vehicle exports and the potential for national regulations which would otherwise occur. The proposal therefore complies with the subsidiarity principle. · Proportionality principle The proposal complies with the proportionality principle for the following reasons. As shown in the impact assessment, the proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives of ensuring the proper functioning of the Internal Market while at the same time providing for a high level of public safety and environmental protection. Given the current levels of environmental noise and affected citizens, and the fact that EU noise limits have not changed in the last decade despite increasing traffic levels, a change in limits to help remedy this situation is considered proportional. Many other local instruments are also applied to reduce traffic noise, but need to be matched by noise reduction at the source, which is far more effective both technically and economically. · Choice of instruments Proposed instruments: Regulation. Other means would not be adequate for the following reasons. The use of a Regulation is considered to be appropriate in providing the required assurance for compliance whilst not requiring the transposition into EU Member States' legislation. 4. Budgetary implication The proposal has no implication for the Union budget. 5. Additional information · Simulation, pilot phase and transitory period There is a general transitory period in the proposal in order to allow sufficient lead time for vehicle and component manufacturers and administrations. A two step approach is proposed with a delay of two years before the application of the first phase (i.e. two years after the entry into force of the Regulation) and a second phase with more stringent requirements with a further delay of two years (i.e. four years after the entry into force of the Regulation). The timeframe of together four years recommended by the contractor (impact assessment) can be supported for the first step which will not require substantial changes to the vehicle. However, as a result of the consultation process within CARS 21, it did not appear to be fully appropriate as regards the second step which will require major modifications to the vehicle engineering. Hence, it is proposed to have three years instead for the second step (timeframe of together five years). · Simplification The proposal provides for simplification of legislation as Directive 70/157/EEC and its subsequent amendments will be repealed. · Repeal of existing legislation The adoption of the proposal will lead to the repeal of existing legislation (Directive 70/157/EEC and subsequent amendments). · European Economic Area The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.