REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2002/49/EC relating to the assessment and management of environmental noise
Date: 2023-11-17
Institutions: Directorate-General for Environment, European Commission
Subjects: European Commission, access to information, delegated legislation, dissemination of information, noise, noise pollution, noise protection, powers of the institutions (EU), scientific progress, technological change

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   EUROPEAN COMMISSION  Brussels, 17.11.2023  COM(2023) 709 final  REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2002/49/EC relating to the assessment and management of environmental noise   
 
 
REPORT FROM THE COMMISSION 
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT 
on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Directive 2002/49/EC relating to the assessment and management of 
environmental noise 

1. INTRODUCTION 

Directive 2002/49/EC relating to the assessment and management of environmental noise (1) 
(hereinafter,  ‘the  Environmental  Noise  Directive’)  lays  down  rules  to  establish  a  common 
approach  intended  to  avoid,  prevent  or  reduce,  on  a  prioritised  basis,  the  harmful  effects, 
including annoyance and sleep disturbance, caused by exposure to environmental noise.  

To this end, the Directive requires noise exposure to be assessed using the same methodology 
across  the  EU.  These  methods  are  defined  in  Annex  II  of  the  Directive.  This  Annex  must, 
therefore, be kept up to date with technical developments, including adjustments to correct the 
existing method for errors identified by end users. 

Article  12  of  the  Environmental  Noise  Directive  empowers  the  Commission  to  adopt 
delegated acts in accordance with Article 12a to adapt certain Annexes, including Annex II, in 
line with technical and scientific progress.  

Article  6(2)  provides  that  “[t]he  Commission  is  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  12a  amending  Annex  II  in  order  to  establish  common  assessment 
methods for the determination of Lden and Lnight.” 

2. LEGAL BASIS 

This  report  is  required  under  Article  12a  of  the  Environmental  Noise  Directive.  Under  this 
article, the Commission has the power to adopt delegated acts for a period of five years from 
26 July 2019. The Commission is also required to prepare a report on delegated powers, at the 
latest 9 months before the end of the five-year period.  

In accordance with Article 12a(2), the delegation of power will be tacitly extended for periods 
of an identical duration, unless the European Parliament or the Council – not later than three 
months before the end of each period – opposes such an extension. 

3. EXERCISE OF THE DELEGATION 

During  the  period  covered  by  this  report,  the  Commission  adopted  one  delegated  act, 
Commission Delegated Directive (EU) 2021/1226 of 21 December 20202.  

1 OJ L 189 18.7.2002, p. 12, as amended by Regulation (EC) No 1137/2008 of 22 October 2008, Commission Directive (EU) 
2015/996  of  19  May  2015,  Regulation  (EU)  2019/1010  off5  June  2019,  Regulation  (EU)  2019/1243  of  20  June  2019, 
Commission  Directive  (EU)  2020/367  of  4  March  2020  and  Commission  Delegated  Directive  (EU)  2021/1226  of  21 
December 2020. 
2 OJ L 269, 28.7.2021, p. 65–142 

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This delegated directive amended Annex II to the Environmental Noise Directive, to adapt it 
to scientific and technical progress. Namely, the amendment to Annex II updated the method 
for calculating noise levels, which provides technical details on the procedures, lays down the 
formulas  and  gives  input  values  necessary  to  calculate  the  noise  levels  that  are  harmful  to 
human health and the environment.  

In preparing the delegated directive, the Commission cooperated with technical and scientific 
experts of the Member States to assess which adaptations were needed taking into account the 
technical and scientific advances in the calculation of environmental noise. This process was 
carried out in close consultation with the Noise Expert Group, composed of Member States, 
industry stakeholders, public authorities of Member States, NGOs, citizens and academia.3  

3  See  in  particular  the  12th  and  13th  meetings  of  the  Noise  Expert  Group:  https://ec.europa.eu/transparency/expert-groups-
register/screen/meetings/consult?lang=en&meetingId=19771&fromExpertGroups=2809; 
https://ec.europa.eu/transparency/expert-groups-
register/screen/meetings/consult?lang=en&meetingId=22455&fromExpertGroups=2809    

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