Report from the Commission to the European Parliament and the Council concerning 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
Date: 2004-03-10
Institutions: European Commission
Subjects: EU environmental policy, noise, noise pollution, nuisance, pollution control measures

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.3.2004 
COM(2004) 160 final 

REPORT FROM THE COMMISSION  
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 

concerning 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 

EN 

   EN 

 
 
 
  
1. 

INTRODUCTION 

Environmental noise from transport, industrial and recreational activities is an important local 
environmental problem in Europe, and the source of an increasing number of complaints from 
the public. 

The Sixth Community Environmental Action Programme1 sets the objective of ‘substantially 
reducing  the  number  of  people  regularly  affected  by  long-term  average  levels  of  noise,  in 
particular  from  traffic  which,  according  to  scientific  studies,  cause  detrimental  effects  on 
human  health,  and  preparing  the  next  steps  in  the  work  with  the  (environmental)  noise 
directive’. Two types of action are planned to that end: 

(1) 

(2) 

‘supplementing and further improving measures, including type-approval procedures, 
on  noise  emissions  from  services  and  products:  from  railway  vehicles,  aircraft  and 
stationary  machinery,  and  in  particular  from  motor  vehicles,  including  measures  to 
reduce  noise  from  the  interaction  between  tyre  and  road  surface  that  do  not 
compromise road safety’;  

‘developing and implementing instruments to mitigate traffic noise where appropriate, 
for  example  by  means  of  transport  demand  reduction,  shifts  to  less  noisy  modes  of 
transport, the promotion of technical measures and of sustainable transport planning’. 

Furthermore,  Directive  2002/49/EC2  aims  to  define  a  common  approach  intended  to  avoid, 
prevent  or  reduce  on  a  prioritised  basis  the  harmful  effects,  including  annoyance,  due  to 
exposure  to  environmental  noise.  The  directive  also  aims  to  provide  a  basis  for  developing 
Community measures to reduce noise emitted by the major sources, in particular road and rail 
vehicles and infrastructures, aircraft, outdoor and industrial equipment and mobile machinery. 

This  report  provides  the  European  Parliament  and  the  Council  with  a  review  of  existing 
Community legislation relating to sources of environmental noise, pursuant to article 10.1 of 
Directive 2002/49/EC. 

2. 

FRAMEWORK FOR COMMUNITY MEASURES ON NOISE 

Noise policy is a shared responsibility between the Community and the Member States. The 
local  nature  of  noise  problems  does  not  mean  that  all  action  is  best  taken  at  local  level,  as 
sources of noise are not always of local origin. However, effective action is very dependent on 
strong  local  and  national  policies  and  these  need  to  be  more  closely  related  to  measures 
decided  at  Community  level.  There  is  therefore  scope  for  better  cooperation  throughout  the 
Community to improve the availability and comparability of data on information relating to 
exposure  to  environmental  noise.  There  is  also  scope  for  the  Community  to  help  Member 
States share noise abatement experiences. 

This  integrated  approach  to  noise  management,  which  is  in  line  with  the  objectives  of  the 
environmental  noise  Directive  2002/49/EC,  will  be  instrumental  in  the  development  of 

1 

2 

Decision n°1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down 
the Sixth Community Environmental Action Programme, OJ L 242, 10.9.2002 
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, OJ L 189, 18.7.2002 

2 

 
 
  
 
                                                 
existing  Community  measures  relating  to  sources  of  environmental  noise.  These  measures, 
described  in  details  in  part  3  of  this  report,  are  listed  in  the  table  below,  together  with  the 
relevant provisions of the Treaty establishing the European Community: 

Provision  of  the  Treaty  establishing  the 
European Community 

Scope 

Article 80 (Common transport policy) 

Aircraft noise (see 3.4) 

Article  95  (Internal  market  -  Approximation 
of the laws of Member States): 

Road vehicles (see 3.2.1 and 3.2.2) 

Tyres (see 3.2.3) 

Outdoor equipment and tractors (see 3.6.1) 

Recreational craft (see 3.6.2) 

Article 156 (Trans-European networks) 

Railway interoperability (see 3.3) 

Article 175 (Environment) 

Environmental assessment (3.1.1) 

Assessment and management of 
environmental noise (see 3.1.2) 

Integrated Pollution Prevention and Control 
(see 3.5) 

Furthermore,  research  and  development  constitute  an  essential  building  block  in  the 
development  of  the  Community  noise  measures  described  in  this  report.  To  support  the 
further  development  of  the  European  noise  policy,  the  Commission  launched  the  “CALM”3 
thematic  network  under  the  Fifth  Framework  Programme  for  Research.  The  aim  of  this 
network is to identify links and gaps between current noise abatement technologies and future 
European legislation and noise reduction goals for air traffic, road and rail transport, marine 
technologies  and  outdoor  equipment.  In  addition,  the  CALM  network  database4  provides 
detailed  information  on  the  research  projects  currently  going  on  or  recently  carried  out  in 
Europe  in  the  field  of  noise.  Projects  supported  under  the  Fifth  and  the  Sixth  Research 
Framework  Programmes  develop  methodologies  and  tools  for  the  reduction  of  noise  at  the 
source,  the  impact  assessment  of  noise  exposure  of  populations,  the  assessment  of 
environmental noise and the calculation of the related external costs of transport. 

3 
4 

Community Noise Research Strategy Plan, http://www.calm-network.com/ 
http://www.calm-network.com/index_database.htm 

3 

 
 
  
 
                                                 
3. 

DESCRIPTION OF RELEVANT INSTRUMENTS 

3.1. 

Noise in the vicinity of transport infrastructures and in agglomerations 

3.1.1.  Environmental assessment 

Environmental  assessment  is  a  procedure  to  ensure  that  the  environmental  implications  of 
decisions,  including  noise  pollution  where  appropriate,  are  taken  into  account  before  the 
decisions are made. Two types of procedure are provided for in Community legislation: 

is 

that 

to  ensure 

•  Strategic  Environmental  Assessment:  the  purpose  of  the  Strategic  Environmental 
Assessment  (SEA)  Directive  2001/42/EC5 
the  environmental 
consequences  of  certain  plans  and  programmes  are  identified  and  assessed  during  their 
preparation  and  before  their  adoption.  To  that  end,  environmental  assessments  must  be 
carried out, in which the likely significant effects on the environment of implementing the 
plans or programmes under consideration, and reasonable alternatives taking into account 
the  objectives  and  the  geographical  scope  of  these  plans  or  programmes,  are  identified, 
described  and  evaluated.  While  noise  pollution  is  not  explicitly  referred  to  in  the  SEA 
Directive, the ‘likely significant effects on the environment’ to be addressed include effects 
on  ‘human  health’.  The  public  and  environmental  authorities  must  be  consulted  and  the 
results of this consultation must be integrated and taken into account in the course of the 
planning  procedure.  After  the  adoption  of  the  plan  or  programme,  the  public  must  be 
informed  of  the  decision  and  the  environmental  and  other  factors  which  were  taken  into 
account.  Implementation  of  the  SEA  Directive,  which  has  to  be  transposed  by  Member 
States no later than 21 July 2004, will lead to more transparent planning by involving the 
public and by better integrating environmental considerations. 

•  Environmental Impact Assessment: Directive 85/337/EEC6 on the assessment of the effects 
of  certain  public  and  private  projects  on  the  environment  (Environmental  Impact 
Assessment  -  EIA)  was  introduced  in  1985  and  amended  in  1997.  The  EIA  procedure 
ensures  that  environmental  consequences  of  certain  projects,  including  noise,  must  be 
identified and assessed before authorisation is given. The procedure also requires effective 
public  consultation,  the  results  of  which  must  be  taken  into  account  in  the  project 
authorisation procedure. The EIA directive specifies the types of project subject to an EIA 
(including  road,  rail  and  air  transport  infrastructures  and  certain  industrial  facilities),  the 
procedure to be followed, and the content of the assessment. Five years after signing the 
Aarhus  Convention  on  25  June  1998,  the  Community  adopted  in  May  2003  Directive 
2003/35/EC7  which  included  amendment  to  the  EIA  Directive.  This  Directive  of  2003  is 
designed  to  align  existing  Community  legislative  provisions  on  public  participation  with 
the Aarhus Convention’s provisions on public participation in decision-making and access 
to justice in environmental matters. 

5 

6 

7 

Directive  2001/42/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2001  on  the 
assessment of the effects of certain plans and programmes on the environment, OJ L 197, 21.7.2001 
Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on 
the environment, OJ L 175, 5.7.1985, as amended by Council Directive 97/11/EC of 3 March 1997, OJ 
L 73, 14.3.1997 
Directive  2003/35/EC  of  the  European  Parliament  and  of  the  Council  of  26  May  2003  providing  for 
public  participation  in  respect  of  the  drawing  up  of  certain  plans  and  programmes  relating  to  the 
environment and amending with regard to public participation and access to justice Council Directives 
85/337/EEC and 96/61/EC, OJ L 156, 25.6.2003 

4 

 
 
  
 
                                                 
3.1.2.  Assessment and management of environmental noise 

On  25  June  2002  the  European  Parliament  and  Council  adopted  Directive  2002/49/EC 
relating to the assessment and management of environmental noise. The aim of this directive 
is to provide a common approach intended to avoid, prevent or reduce on a prioritised basis 
the  harmful  effects,  including  annoyance,  due  to  exposure  to  environmental  noise.  To  that 
end, the directive requires the following actions to be implemented progressively: 

•  Monitoring  the  environmental  problem:  the  competent  authorities  in  Member  States  are 
required  to  produce  strategic  noise  maps  for  major  roads,  railways,  airports  and 
agglomerations, using harmonised noise indicators, namely Lden (day-evening-night level) 
and Lnight (night level). The use of dose-effect relations will make it possible to assess the 
effects  of  noise  on  the  population  of  Europe,  as  the  strategic  noise  maps  will  show  the 
numbers of people exposed to noise. 

•  Informing and consulting the public: the competent authorities are required to ensure that 
the public is kept informed and can participate in the assessment and management of noise, 
in line with the principles of the Aarhus Convention on access to information and public 
participation in decision-making. 

•  Producing local noise action plans: the competent authorities are required to draw up and 
publish  noise  action  plans  to  reduce  noise  where  necessary  and  maintain  environmental 
noise  quality  where  it  is  good.  There  must  be  close  public  participation  and  consultation 
when  drawing  up  noise  action  plans.  The  actual  content  is  left  to  the  discretion  of  the 
competent  authorities,  as  the  Directive  lays  down  only  minimum  requirements  for  the 
plans. 

The  Directive  entered  into  force  on  18  July  2002  and  has  to  be  transposed  into  national 
legislation  by  the  Member  States  no  later  than  18  July  2004.  The  first  maps  have  to  be 
produced by 2007, and the first action plans by 2008. 

In 2009, the European Commission has to submit to the European Parliament and the Council 
a report on the implementation of Directive 2002/49/EC, assessing in particular the need for 
further Community actions on environmental noise. In this respect, the Directive will provide 
a basis for developing Community measures to reduce the noise emitted by the major sources 
of environmental noise. 

3.2. 

Road traffic noise  

3.2.1.  Noise from motor vehicles with at least four wheels 

Road traffic is a major contributor to environmental noise particularly in urban areas. The first 
European  harmonised  noise  requirements  for  road  vehicles  were  introduced  in  1970  by 
Directive 70/157/EEC8 relating to the permissible sound level and the exhaust system of four 
wheel motor vehicles. This directive has since been amended several times in order to review 
and tighten the type-approval noise limits as part of the European motor vehicle type-approval 
framework. In parallel, efforts are ongoing to ensure that the test method used to grant type-

8 

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,  OJ  L  42, 
23.2.1970  as  subsequently  amended,  in  particular  by  Council  Directive  92/97/EEC  of  10  November 
1992, OJ L 371, 19.12.1992 

5 

 
 
  
 
                                                 
approval sufficiently reflects noise emission conditions in real traffic. The limits currently in 
force are provided in the table bellow: 

Type of motor vehicle 

Limit 
value 
(dB(A)) 

Vehicles  intended  for  the  carriage  of  passengers  and  comprising  not  more  than 
nine seats including the driver's seat 

74 

Vehicles intended for the carriage of passengers and equipped with more than nine 
seats including the driver's seat, having a maximum permissible mass of more than 
3,5 tons and: 

- with an engine power of less than 150 kW 

- with an engine power of not less than 150 kW 

Vehicles intended for the carriage of passengers and equipped with more than nine 
seats including the driver's seat, and vehicles intended for the carriage of goods: 

- with a maximum permissible mass not exceeding two tons 

- with a maximum permissible mass exceeding two tons but not exceeding 3.5 tons 

Vehicles  intended  for  the  carriage  of  goods  and  having  a  maximum  permissible 
mass exceeding 3.5 tons: 

- with an engine power of less than 75 kW 

- with an engine power of not less than 75 kW but less than 150 kW 

- with an engine power of not less than 150 kW 

78 

80 

76 

77 

77 

78 

80 

At the international level, the World Forum for Harmonisation of Vehicle Regulations within 
the  United  Nations  Economic  Commission  for  Europe  (UN/ECE)  has  developed  regulation 
N°519  on  road  vehicles  sound  emissions,  which  is  deemed  to  be  equivalent  to  Directive 
70/157/EEC. The relevant Working Party on Noise is currently working on an amendment to 
this regulation through a modification of the test procedure, with a view to better reproducing 
the sound levels generated by vehicles during normal driving in urban traffic. 

While type-approval noise limits have been tightened over the years (by a reduction of more 
than  10  decibels  for  certain  vehicles),  no  improvement  has  been  made  regarding  overall 
exposure  to  noise  generated  by  road  vehicles,  due  largely  to  a  significant  increase  in  road 
traffic.  In  fact,  the  introduction  and  regular  tightening  of  these  limits  allowed  for  a 
harmonisation  of  the  road  vehicle  fleet  regarding  noise  emission  characteristics,  but  did  not 
prove  to  be  a  strong  technical  drive  towards  quieter  vehicles,  particularly  in  the  case  of 
delivery  vans  and  trucks.  Efforts  should  therefore  be  pursued  in  the  future  to  assess  the 

9 

UNECE Regulation No. 51 on uniform provisions concerning the approval of motor vehicles having at 
least four wheels with regard to their noise emissions 

6 

 
 
  
 
 
 
 
                                                 
possibility of introducing tighter limits ensuring that quieter vehicles are actually being put on 
the market and recommending ways of removing noisier vehicles from the existing fleets. 

Finally,  on  23  July  2003,  the  Commission  adopted  a  proposal  for  a  directive10  amending 
Directive  1999/62/EC11  on  the  charging  of  heavy  goods  vehicles  for  the  use  of  certain 
infrastructures.  One  of  the  proposal’s  aims  is  to  ensure  that  costs  related  to  road 
infrastructures  are  better  reflected  in  the  charges  paid  by  road  users.  Compared  to  the 
Directive in force, the proposed amendment would explicitly state that ‘...any infrastructure 
costs  designed  to  reduce  nuisance  related  to  noise…’  could  be  included  in  the  cost  base  of 
tolls levied on heavy goods vehicles for the use of roads, thereby allowing the costs of abating 
noise  from  road  traffic  to  be  passed  on  to  the  users  in  conformity  with  the  polluter-pays 
principle. 

3.2.2.  Noise from two and three wheel motor vehicles 

Mopeds  and  motorcycles  are  another  important  contributor  to  road  traffic  noise.  The 
disturbance  generated  by  these  vehicles  is  often  pointed  out  by  the  European  citizen  and  is 
associated  with  single  events  and  peak  noise  levels  -  caused  by  reckless  driving  behaviour 
and/or tampering of the exhaust system (arising from a limited fraction of the overall traffic), 
in combination with the particular and often distinct sound character of these vehicles. 

At the Community level, Directive 97/24/EC12 sets permissible sound levels for two and three 
wheel vehicles and their exhaust systems, including replacement parts, and provides measures 
to counter tampering. It lays down the following type-approval noise limit values for vehicles 
when being placed on the market: 

Type of vehicle 

Limit value (dB(A)) 

Two-wheel motor vehicles – mopeds (speed) 

≤ 25 km/h 

> 25 km/h 

Three-wheel mopeds 

Motor cycles (engine capacity) 

≤ 80 cm3

> 80 cm3, ≤ 175 cm3

> 175 cm3 

Three-wheel motor cycles  

66 

71 

76 

75 

77 

80 

80 

10 
11 

12 

COM(2003)448 final 
Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging 
of heavy goods vehicles for the use of certain infrastructures, OJ L 187, 20.7.1999 
Directive  97/24/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  1997  on  certain 
components and characteristics of two or three-wheel motor vehicles, OJ L 226, 18.8.1997 

7 

 
 
  
 
 
 
 
 
                                                 
This Directive requires the Commission to submit to the European Parliament and the Council 
a proposal establishing a subsequent stage during which measures will be adopted with a view 
to further reducing the sound level of the vehicles concerned. This proposal must be prepared 
on  the  basis  of  research  and  an  assessment  of  the  costs  and  benefits  deriving  from  the 
application of tighter limit values. 

A  first  investigation  was  carried  out  in  2000  by  means  of  a  study13  whose  main  findings 
indicate that a significant number of motorcycles and mopeds in service have a reduced noise 
performance.  This  is  mainly  due  to  tampering,  insufficient  servicing  and  the  installation  of 
illegal  exhaust  systems.  The  Commission  is  currently  investigating  what  measures  can  be 
taken  at  the  European  level  to  introduce  in-service  control  of  the  noise  performance  of 
motorcycles  under  the  framework  provided  by  Directive  96/96/EC14  on  roadworthiness 
testing for motor vehicles. At present, roadworthiness and road-side testing requirements for 
two and three-wheel vehicles remain the exclusive competence of Member States. In addition, 
the Commission is currently carrying out a study to ascertain the appropriateness of the anti-
tampering measures for vehicles laid down in Directive 97/24/EC. On the basis of this study, 
the Commission will, if necessary, propose new legislative measures. 

3.2.3.  Rolling noise between tyres and road surfaces 

Complementing legislation  on  vehicles  themselves,  Directive  2001/43/EC15  provides  for  the 
testing  and  limiting  of  tyre  rolling  noise  levels,  and  for  their  phased  reduction.  Limits 
differentiate between vehicle type (cars, vans and trucks) and tyre width (5 classes), and will 
be  enforced  by  including  tyre  rolling  noise  tests  in  European  Community  type-approval 
certificate requirements, which must be met for any new tyre being placed on the European 
market. 

With regard to future measures, Directive 2001/43/EC states in its article 3 firstly that a tyre 
grip  test  should  be  introduced  in  Directive  92/23/EEC  and  secondly  that  the  Commission 
shall, in the light of the experience gained from the introduction of limit values for tyre noise 
and  within  36  months  after  the  entry  into  force  of  the  directive  (i.e.  before  27  June  2004), 
submit to the European Parliament and the Council a report concerning whether and to what 
extent  technical  progress  would,  without  compromising  safety  of  the  tyre  grip,  allow  the 
introduction of tighter limit values for the rolling noise. In the meantime, the rolling resistance 
of the tyres should be assessed and limit values envisaged regarding this other environmental 
parameter which interacts in particular with the wet grip and the rolling noise characteristics. 
On the basis of the above mentioned report, the Commission shall within 12 months propose 
an amendment to existing legislation with a view to introducing provisions relating to safety, 
environmental and rolling resistance aspects. 

The European Commission is pursuing its efforts at the UN/ECE level in order to propose the 
integration  of  the  European  tyre  rolling  noise  provisions  in  Regulation  N°51  of  the  1958 
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 

13 

14 

15 

‘Noise from  two-wheeled vehicles’, 2000, TRL for the European Commission, Enterprise Directorate 
General 
Council  Directive  96/96/EC  of  20  December  1996  on  the  approximation  of  the  laws  of  the  Member 
States relating to roadworthiness tests for motor vehicles and their trailers, OJ L 46, 17.2.1997 
Directive  2001/43/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2001  amending 
Council Directive 92/23/EEC relating to tyres for motor vehicles and their trailers and to their fitting, 
OJ L 211, 4.8.2001 

8 

 
 
  
 
                                                 
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  paper16 
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. 

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/EC17)  and  conventional  rail  (Directive  2001/16/EC18),  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 

16 

17 

18 

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 
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  
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 

9 

 
 
  
 
                                                 
Commission through a comitology procedure, with the assistance of the AEIF19. In 2002, the 
Commission  tabled  a  proposal  for  a  Regulation20  establishing  a  European  Railway  Agency 
that would be responsible for safety and interoperability, including the elaboration of TSIs. 

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 stock21: 

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 

300 

320 

87 ± 1 

91 ± 1 

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 

300 

320 

90 

93 

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. 

19 
20 

21 

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

10 

 
 
  
 
                                                 
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 infrastructures22: 

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/EC23 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. 

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/EEC24,  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 

22 

23 

24 

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 
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 
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 

11 

 
 
  
 
                                                 
(“Chicago  Convention”)  -  were  no  longer  allowed  to  operate  in  the  European  Union  after 
April 2002. 

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/EC26, 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.  

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 
to  noise 
implements 
management in European Community legislation. 

the  ‘balanced  approach’ 

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. 

25 

26 

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 
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 

12 

 
 
  
 
                                                 
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  directive27  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. 

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/EC28.  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. 

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. 

27 
28 

29 

COM(2001)74, OJ C 103 E, 30.4.2002 
Council  Directive  96/61/EC  of  24  September  1996  concerning  integrated  pollution  prevention  and 
control, OJ L 257, 10.10.1996 
COM(2003)354 

13 

 
 
  
 
                                                 
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/EC30 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. 

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/EEC31 sets limits for permissible 
sound levels when these equipments are placed on the market. 

30 

31 

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 
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 

14 

 
 
  
 
                                                 
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/EC32, which amends  the previous  recreational  craft Directive 94/25/EC33, 
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. 

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 past34 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. 

32 

33 

34 

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 
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 
Declaration  by  the  Commission  in  the  Conciliation  Committee  on  the  Directive  relating  to  the 
assessment and management of environmental noise, OJ L 189, 18.7.2003 

15