Annexes to COM(2004)160 - Existing Community measures relating to sources of environmental noise, pursuant to article 10.1 of Directive 2002/49/EC relating to the assessment and management of environmental noise

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dossier COM(2004)160 - Existing Community measures relating to sources of environmental noise, pursuant to article 10.1 of Directive 2002/49/EC ...
document COM(2004)160 EN
date March 10, 2004
Agreement of the World Forum for harmonisation of vehicles. However, the other contracting parties to Regulation N°51 are not considering the tyre as the only critical parameter, and suggest additional measures to address traffic noise, in particular regarding road surfaces and infrastructures.

3.3. Railway noise

Noise is one of the most significant environmental impacts of railway transport. A number of initiatives are currently underway to address this issue so as to allow this transport mode to develop its activities in a sustainable manner.

The Commission has set up a 'Railway noise' working group in order to elaborate the technical and economic aspects of the reduction of noise emissions from rail transport systems. Its output is intended to support implementation of the Common Transport Policy, the development of EU noise policy for rail transport, and the single market in railway supplies. The recommendations of the working group are presented in a position paper [16] laying down options for railway noise reduction which apply to both new and existing rolling stock. The most important railway noise source identified in the document is rail freight, and it proposes two key measures: noise emission limits for interoperable vehicles, and retrofitting of existing cast-iron block braked freight wagons with composite brake blocks - which can reduce noise emissions by 8 dB(A) to 10 dB(A) (in October 2003, the UIC (International Union of Railways) gave approval to the use in international traffic of wagons equipped with 'K' type composite brake blocks). It is clear that a significant reduction in average daily noise levels will be achieved only when the majority of rail freight vehicles in operation have been retrofitted, especially in view of the long investment cycles for rail rolling stock. Procedures including financing must therefore be found to accelerate the implementation of noise reduction, through a common strategy based on shared responsibility ensuring contribution from stakeholders concerned. Any such noise reduction scheme should address the existing fleets of wagons being used in the current Member States and in the Acceding Countries. The Commission has entered into a dialogue with the industry to assess cost-effective options, including voluntary measures taken by the industry to reduce rolling stock noise.

[16] Position paper of EC working group 6 'Railway noise' on European strategies and priorities for railway noise abatement, http://www.europa.eu.int/comm/environment/ noise/railway_noise_en.pdf

In particular, the Commission investigates with UIC, CER (Community of European Railways), UNIFE (European rail supply industry), UIRR (International Union of combined Road-Rail transport companies) and UIP (International Union of Private Wagons) the status and options for the reduction of noise emission from the existing European rail freight wagon fleet, including a third-party assessment of the UIC/UIP/CER Action Programme for Noise Reduction in Freight Traffic. This 'Implementation Study' describes the European wagon fleet, assesses the technical options for retrofitting, and outlines and analyses various funding options. It is expected to be finalised in early 2004.

With regard to interoperable rail systems, European legislation addresses railway noise at source through directives on railway interoperability for high-speed rail (Council Directive 96/48/EC [17]) and conventional rail (Directive 2001/16/EC [18]), which provide a legislative framework for technical and operational harmonisation of the rail network. Under this legislation, Technical Specifications for Interoperability (TSIs) are established by the Commission through a comitology procedure, with the assistance of the AEIF [19]. In 2002, the Commission tabled a proposal for a Regulation [20] establishing a European Railway Agency that would be responsible for safety and interoperability, including the elaboration of TSIs.

[17] Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system, OJ L 235, 17.9.1996

[18] 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 OJ L 110, 20.4.2001

[19] European Association for Railway Interoperability, http://www.aeif.org/

[20] Proposal for a Regulation of the European Parliament and of the Council establishing a European Railway Agency, COM/2002/23 final, OJ C 126 E, 28.5.2002

With respect to high-speed rail, two noise-relevant TSIs were adopted in 2002 (see below), and the AEIF was given a mandate to prepare a set of revised TSIs with a view to adoption by the Commission in 2004.

TSI on high-speed rolling stock [21]:

[21] Commission decision 2002/735/EC of 30 May 2002 concerning the technical specification for interoperability relating to the rolling stock subsystem of the trans-European high-speed rail system referred to in Article 6(1) of Directive 96/48/EC, OJ L 245, 12.9.2002

This TSI sets out noise emission limits for high-speed trains (see table below). These limits are based on a low noise test track, specifically defined by introducing lower rail roughness levels than specified in the prEN ISO 3095 measurement standard, so as to allow for measurement of the rolling stock noise level itself.

V (km/h) // Noise level (dB(A))

250 // 87 ± 1

300 // 91 ± 1

320 // 92 ± 1

The TSI allows the less stringent limit values referred to in the table below to apply for a transitional period of 24 months starting from the date of entry into force of the TSI, in the case of:

* options to purchase additional vehicles in contracts already signed at the date of entry into force of the TSI, or

* rolling stock being contracted during the transitional period based on existing design platforms.

V (km/h) // Noise level (dB(A))

250 // 90

300 // 93

320 // 94

Rolling stock already in operation and requiring a new authorisation for placing into service, or already contracted at the date of entry into force of the TSI, shall be allowed to run within the maximum limit values mentioned above.

Finally, the TSI recommends that in the case of rolling stock ordered after 1 January 2005 or put into service after 1 January 2008, the mandatory limits should be applied with a reduction of 2 dB(A) at a speed of 250 km/h and 3 dB(A) at speeds of 300 km/h and 320 km/h. In the case of 350 km/h, a reduction of 3 dB(A) should be the objective. This recommendation will serve as a basis for revision of the mandatory limit values in the context of the ongoing TSI revision process, which will also take into account the results of the recent measurement campaign of noise emitted by high-speed rail vehicles on a reference track, co-financed by the Commission.

TSI on high speed railway infrastructures [22]:

[22] Commission decision 2002/732/EC of 30 May 2002 concerning the technical specification for interoperability relating to the infrastructure subsystem of the trans-European high-speed rail system referred to in Article 6(1) of Council Directive 96/48/EC, OJ L 245, 12.9.2002

The noise level generated by the trans-European high-speed rail system should remain acceptable for its surroundings and be kept within limits suitable to protect neighbouring populations and their activities. The environmental impact assessment study to be carried out under Directive 85/337/EEC (see 3.1.1) must show that the noise levels perceived by neighbours along new or upgraded infrastructures (either noise levels generated by interoperable trains or global equivalent noise levels of the whole traffic, depending on the applicable criteria) do not exceed the noise levels defined by national rules in application, taking into account the noise emission characteristics of the interoperable trains as defined in the high-speed rolling stock TSI.

Regarding conventional rail, draft TSIs have been prepared setting noise limits for conventional rolling stock, including freight vehicles, with a view to adoption by the Commission in 2004. There are still technical discussions on certain noise aspects, including provisions on renewed or upgraded systems, technical specifications for tracks, the monitoring of sound emission characteristics (of tracks and vehicles) and provisions on infrastructures. As a first step prior to the adoption of these TSIs, the Commission plans to adopt a decision laying down the 'essential requirements' referred to in Directive 2001/16/EC for interoperable conventional trains, which will include noise-related provisions.

Finally, Directive 2001/14/EC [23] lays down the principles and procedures to be applied to the setting and levying of railway infrastructure charges and the allocation of railway infrastructure capacity. One of these principles is that infrastructure charges may be modified to take account of the cost of the environmental impact of train operations, including noise. Any such modification must be differentiated according to the magnitude of the effect caused.

[23] Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification, OJ L 75, 15.3.2001

3.4. Aircraft noise

In 1992, in order to cut down the level of nuisance from air transport, the European Community adopted Directive 92/14/EEC [24], based on standards of the International Civil Aviation Organisation (ICAO), to ban the noisiest aircraft from European airports. These aircraft - defined in Chapter 2 of Annex 16 to the Convention on International Civil Aviation ("Chicago Convention") - were no longer allowed to operate in the European Union after April 2002.

[24] Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988), OJ L 76, 23.3.1992, as amended by Council Directive 98/20/EC of 30 March 1998, O.J. L 107, 7.4.1998

In March 1998 the Commission proposed a new Directive aimed at limiting the operation in the European Union of Chapter 2 aircraft fitted with "hushkits" [25]. The ensuing Regulation was repealed on 28 March 2002 following the adoption of a new Directive (2002/30/EC [26], see below) which enshrined the ICAO Resolution A33-7 on the use of a 'balanced approach' to noise management around airports. This approach comprises four principal elements: reduction of aircraft noise at source, land-use planning and management measures, noise abatement operational procedures and operating restrictions.

[25] Muffler devices fitted to engines to make them less noisy. These devices enable these aircraft to meet the stricter standards for 'Chapter 3', but by such a small margin that the overall effect on aircraft noise is reduced and that such aircraft are noisier than aircraft originally certificated to Chapter 3 standards

[26] Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports, OJ L 85, 28.3.2002

Furthermore, in September 2001, the ICAO Council adopted a new noise certification standard, namely 'Chapter 4' in Annex 16, Volume 1 of the Chicago Convention, that will be in force from 2006 for newly designed aircraft.

Since most of the current production aeroplanes are already compliant with the Chapter 4 standard, this will not be sufficient to improve the noise situation around airports because the phase out of Chapter 2 aeroplanes has been completed. To safeguard the environmental protection after 2002 in a way which is compatible with internal market requirements, the European Parliament and Council adopted Directive 2002/30/EC on the establishment of rules and procedures with respect to the introduction of noise related operating restrictions at Community airports. This directive implements the 'balanced approach' to noise management in European Community legislation.

The Directive aims to safeguard environmental protection around airports in a way that is compatible with internal market requirements. The new Directive has put in place a harmonised definition of marginally compliant aeroplanes (aeroplanes that have a cumulative margin of no more than 5 decibels in relation to Chapter 3 certification limits).

In addition, the Directive contains principles and rules on how to carry out a noise assessment process, which is mandatory prior to the introduction of noise related operating restrictions. 'Operating restrictions' mean noise related actions that limit or reduce access of civil subsonic jet aeroplanes to an airport. They include operating restrictions aiming to withdraw marginally compliant aircraft from operations at specific airports, as well as operating restrictions of a partial nature, affecting the operation of civil subsonic aeroplanes according to time period (e.g. night-ban).

With a view to ensuring an effective improvement of the aircraft noise situation at airports across the Community, the Commission is required no later than 28 March 2007 to submit to the European Parliament and to the Council a report on the implementation of this Directive. This report, accompanied where necessary by appropriate legislative proposals for a revision, shall contain an assessment of the effectiveness of this Directive, in particular the need to revise the definition of marginally compliant aircraft in favour of a more stringent requirement.

In that context, the Commission has launched a series of studies aimed at assessing the current noise exposure situation at Community airports and the possibilities for an harmonised approach towards establishing noise limits at Community airports including an analysis of the their environmental and socio-economic impacts. Another study is addressing the particular issue of the economic benefits of night flights with a view to provide guidance to Member States and airports envisaging the introduction of night flight restrictions. To ensure transparency and wide discussion of these issues, it has also been decided to set up a working group on airport noise.

Finally, in order to avoid a proliferation of incompatible noise charging schemes and to enhance transparency, fairness and predictability of the noise component in airport charges, the Commission tabled a proposal for a directive [27] on the establishment of a Community framework for noise classification of civil subsonic aircraft for the purpose of calculating noise charges. The proposed directive aims to give incentives for the use of less noisy airplanes, by modulating noise charges on the basis of the certificated noise characteristics of the aircraft.

[27] COM(2001)74, OJ C 103 E, 30.4.2002

3.5. Industrial noise

Noise is one of the environmental issues that Member States' authorities must consider when issuing permits to operators of the large industrial and agricultural installations covered by the Integrated Pollution Prevention and Control (IPPC) Directive 96/61/EC [28]. This Directive is fully applicable to new installations, and to existing installations that are to undergo a substantial change. All existing installations covered by the Directive have to comply with permit conditions based on the use of best available techniques (BAT) by October 2007. In its Communication 'On the road to sustainable production' [29] adopted in June 2003, the Commission expressed the concern that not all Member States and Acceding Countries would be able to meet this deadline, and highlighted a number of implementation problems. It also launched a stakeholder consultation on the development of the EU policy on industrial pollution.

[28] Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, OJ L 257, 10.10.1996

[29] COM(2003)354

In order to help Member States in their implementation of the IPPC directive, the Commission is organising an exchange of information on best available techniques and on the monitoring of emissions. This exercise involves experts representing Member States, Acceding Countries, industries and other stakeholders. As a result, BAT reference documents, which must be taken into account by the authorities when determining permit conditions, are being produced to cover the various activities and types of pollution covered by the IPPC directive. So far 16 out of 33 documents have been completed, most of them covering a specific sector. Noise issues are dealt with in these documents, although in most cases no general conclusions are drawn as regards BAT for noise prevention and control. This is due to the fact that industrial noise is a local environmental issue, and the measures to be taken at a specific installation depend on its location.

3.6. Other sources of environmental noise

3.6.1. Equipment for use outdoors and tractors

Noise from outdoor equipment affecting health and associated well-being is mainly perceived by citizens at the local level. In the past, Community measures to reduce noise from these equipment consisted of directives laying down requirements relating to permissible noise levels, noise level marking affixed on the equipment and noise measurement standards. This approach has resulted in the adoption of seven directives covering noise from various types of equipments.

With a view to simplifying all this legislation and covering a wider range of equipment, on 8 May 2000 the European Parliament and Council adopted Directive 2000/14/EC [30] which lays down noise provisions on noise from 57 types of outdoor equipment, including the equipment already covered by existing legislation (which is repealed by the new Directive). It aims to smooth the functioning of the internal market and to improve the health and well-being of EU citizens by reducing the noise emitted by outdoor equipment. It sets out four types of action to achieve this: harmonisation of noise emission limits and standards, harmonisation of conformity assessment procedures, harmonisation of noise level marking, and compilation of data on noise emissions.

[30] Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors, OJ L 162, 3.7.2000

Some of the equipments covered by the Directive are subject to noise emission limits. These limits apply in two stages, to give manufacturers time to adapt to the new regulations. The emission limits for Stage 1 took effect on 3 January 2002 and more stringent limits (Stage 2) will enter into force on 3 January 2006, except for lawnmowers for which entry into force of Stage 2 will be subject to a further assessment in a report from the Commission to the European Parliament and the Council.

Labelling is compulsory for all the types of equipments covered by the Directive. The CE marking must be visibly, legibly and indelibly affixed to each item of equipment, together with the guaranteed sound power level expressed in dB(A).

In addition, the Directive allows Member States to take measures to regulate the use of equipment in sensitive areas by restricting the hours during which the equipment may be used.

In January 2005, the Commission will submit to the European Parliament and Council a report on implementation of the Directive. The report will include a review of the noise data collected on the basis of the declarations of conformity, and a statement on the need for and the feasibility of a revision of the scope of the Directive and the limit values.

Finally, regarding the environmental noise provisions of the type-approval regime for wheeled agricultural and forestry tractors, Directive 74/151/EEC [31] sets limits for permissible sound levels when these equipments are placed on the market.

[31] Council Directive 74/151/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to certain parts and characteristics of wheeled agricultural or forestry tractors, OJ L 84, 28.3.1974

3.6.2. Recreational craft

Over 95% of the 800,000 recreational craft produced each year world-wide are motorboats. These boats are frequently used in recreational areas in coastal zones and in lakes, where low ambient noise is an important but scarce natural resource. Furthermore, the use of these boats is largely concentrated during the summer period, leading to noise induced annoyance and high levels of local air and water pollution caused by their exhaust gases.

Directive 2003/44/EC [32], which amends the previous recreational craft Directive 94/25/EC [33], extends its scope to include personal watercraft and complements its design and construction requirements with environmental standards regarding exhaust and noise emission limit values for recreational craft. These harmonised emission limits will take effect progressively, from 1 January 2005 to 1 January 2007. The Directive will contribute to maintaining and enhancing the competitiveness of the European recreational marine industries by further removing possible technical barriers to trade, whilst at the same time ensuring that the environment and human health and safety remain adequately protected.

[32] Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003 amending Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, OJ L 214, 26.8.2003

[33] Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, OJ L 41, 15.2.2000

The new Directive also requires the Commission to study the possibilities of further improving the environmental characteristics of recreational craft engines. The Commission will submit a report on its findings by the end of 2006, and if appropriate, submit legislative proposals to the European Parliament and the Council by the end of 2007.

4. Conclusion

As outlined in the present report, environmental noise is addressed at the Community level through a wide range of instruments including provisions on harmonisation of noise assessment and management, on environmental assessment, market access requirements for certain vehicles and equipments, railway interoperability specifications and rules on operating restrictions at airports. Furthermore, research and development constitute an essential building block in the development of Community measures relating to noise.

The Commission endeavours to develop these measures in order to further improve the noise exposure situation in Europe, on the understanding that legislative proposals on sources of noise should be made on the basis of robust evidence supporting such proposals. This is in line with the 'knowledge based approach' for policy making as laid down in the Sixth Environment Action Programme.

Therefore, as stated in the past [34] and in accordance with the Treaty establishing the European Community, the Commission will regularly assess the need for making new legislative proposals on sources of noise and, where appropriate, make such proposals.