EN Official Journal of the European Union CE 78/709

(2004/C 78 E/0758)

WRITTEN QUESTION E-1280/03

by María Sornosa Martínez (PSE) to the Commission

(4 April 2003)

Subject: Incorrect transposition into national law of Directive 2002/49/EC

The Spanish Government is in the process of transposing into national law Directive 2002/49/EC (1) relating to the assessment and management of environmental noise.

Although the deadline for transposition has been set at July 2004, the preliminary draft law drawn up by the government has already sparked fierce controversy among sections of the public and ecologists, who feel that the government's draft law does not satisfy the expectations of the directive, especially with reference to the following:

— the distribution of responsibilities between the various parallel administrations in the field of environmental noise is not sufficiently delineated, despite being an obligation under the Directive;

— although the Directive provides for the adoption of three basic indicators for use in the noise maps and other acoustic indexes that can be defined by the Member States, the preliminary draft law proposes very little in this regard. It provides for standard acoustic indexes for the 24 hours of the day (divided into the three periods defined in the Directive: day, evening and night), but defers any definition of these until subsequent legislation is drafted;

— the draft law is vague as regards the noise maps and their typology (which are mandatory under the Directive), as it also defers until subsequent legislation the population density factors applicable to the delimitation of urban agglomerations, and the actual typology of the noise maps, etc.;

— the action plans laid down in Annex V to the Directive are only taken up at a broad objectives level in the preliminary draft law, with the definition of their minimum contents, as set out in the Directive, being deferred until later.

The Commission can and should work with the Member States to ensure the correct transposition of directives into national law, by suggesting corrections, during the pre-approval process, to any aspects thereof which may present weaknesses.

In view of this, will the Commission intervene in the process of the transposition of Directive 2002/49/EC to correct those aspects of the Spanish preliminary draft law which clearly fail to conform with the provisions of Community noise legislation?

Answer given by Mrs Wallström on behalf of the Commission

(7 May 2003)

The Commission has received the preliminary draft law transposing Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise — Commission statement within the conciliation committee regarding the Directive relating to the assessment and management of ambient noise, as well as the reports the Honourable Member attached to this question.

However, given that the preliminary draft is liable to be amended, the Commission does not propose to comment on it at this stage. It can therefore only await the formal notification of the measures transposing the Directive.

The Commission is at the disposal of the Spanish authorities to provide them with any assistance they may require in adopting measures to transpose the Directive by no later than 18 July 2004. Such measures must be notified to the Commission.

(1) OJ L 189, 18.7.2002, p. 12.