EU Environmental Legislation: Noise
| Nádúr - Environmental Impact Analysis: EU Environmental Legislation: Noise |
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Noise pollution is by definition unwanted sound and the effect of persistently high noise levels on health should not be underestimated.
There are many ways of moderating or reducing the effects of excessive noise levels. They depend greatly on the type of noise source; the magnitude of noise level; the features of the area in question, and the pattern of occurrence. Noise may be reduced at source, in its path, and at point of reception.
Aircraft noise intrusion may require extensive structural modifications to a house to improve sound insulation on all sides. Road traffic noise has been reduced in residences by double glazing and/or lobby-type porches; walls or edifices can also act as barriers in the noise path. Industrial noise has been reduced by enclosing a motor or generator, while internal noise levels have been reduced by absorptive treatment of the building, blocking up unnecessary openings in walls or roof, or simply keeping a door or window closed. Re-scheduling, or re-routing, of some transport operations is an option which is sometimes open.
At EU level efforts have been concentrated on noise abatement at source and a series of directives have been enacted establishing maximum noise emission levels from vehicles, motorcycles, agricultural and forestry tractors, domestic appliances, construction equipment, lawn mowers and subsonic aircraft. The Commission is in the process of drawing up a Communication on a future noise policy for the EU. Expected initiatives include the establishment of common noise standards in each Member State, programmes to achieve common noise reduction targets, and the harmonisation of noise measurement indices. EU legislation concerning noise is as follows:
MOTOR VEHICLE EXHAUST SYSTEMS COUNCIL DIRECTIVE 70/157/EEC
This Directive introduced limits for noise levels from motor vehicles. Trains, agricultural tractors and public works vehicles are not included under the Directive which laid down maximum sound levels and the requirements for measuring them. Requirements for exhaust silencers are included in the Annexes. This Directive has been amended several times as follows:
COMMISSION DIRECTIVE 73/350/EEC expanding on legislation regarding silencers.
COUNCIL DIRECTIVE 77/212/EEC further tightened sound limits as did COUNCIL DIRECTIVE 84/424/EEC.
COMMISSION DIRECTIVE 81/334/EEC amending test procedures to take account of the increased number of gears and to allow Member States to approve replacement silencers on passenger and light commercial vehicles.
COMMISSION DIRECTIVE 84/372/EEC amended these requirements to allow for better measurement of sound levels in urban traffic conditions in line with UNEC Regulation 51.
DIRECTIVE 84/424/EEC dealt with deadlines for compliance under the Directive.
MOTORCYCLES: COUNCIL DIRECTIVE 78/1015/EEC set limits on sound levels from motorcycles, laid down requirements for exhaust silencers systems and established a harmonised testing procedure for implementation in Member States. Noise levels for engines with a capacity of less than 80cm3 were limited at 78 dB(A) or below, while those over 500 cm3 were set at 86 dB(A) or below.
DIRECTIVE 87/56/EEC reduced the number of motorcycle categories to three and set a two-stage reduction in the noise limit values for each category. Motorcycles under 175 cm3 were restricted to a limit of 82 dB(A) by 1988, to be reduced to 80 dB(A) by 1993.
DIRECTIVE 89/235/EEC included replacement exhaust systems and defined a test procedure in Annex II.
CONSTRUCTION PLANT EQUIPMENT
COUNCIL DIRECTIVE 79/113/EEC, a framework Directive, introduced a test procedure to determine the noise emissions of construction plant and equipment to cover compressors, cranes, welding generators, excavators, power generators, concrete-brakers, loaders, dozers and picks.
Lifting appliances were included under Council Directive 81/1051/EEC.
COMPRESSORS - COUNCIL DIRECTIVE 84/553/EEC sets noise limits and requirements for the issue of an EC type-examination certificate for compressors.
TOWER CRANES - COUNCIL DIRECTIVE 84/534/EEC sets noise limits and requirements for the issue of an EC type-examination certificate for tower cranes.
WELDING GENERATORS - COUNCIL DIRECTIVE 84/535/EEC sets noise limits and requirements for the issue of an EC type-examination certificate for welding generators.
POWER GENERATORS - COUNCIL DIRECTIVE 84/536/EEC sets noise limits and requirements for the issue of an EC type-examination certificate for power generators.
HAND-HELD CONCRETE-BREAKERS AND PICKS - COUNCIL DIRECTIVE 84/537/EEC sets noise limits and requirements for the issue of an EU type-examination certificate for hand-held concrete-breakers and picks.
EXCAVATORS, DOZERS AND LOADERS - COUNCIL DIRECTIVE 86/662/EEC sets noise limits and requirements for the issue of an EU type-examination certificate for earthmoving machines used on engineering and construction sites.
OTHER EQUIPMENT
LAWNMOWERS - COUNCIL DIRECTIVE 84/538/EEC sets noise limits and requirements for the issue of an EU type-examination certificate for lawnmowers. A Member State may not prohibit the sale of lawnmowers meeting these requirements and are certified as such, but may, in certain areas considered ´sensitive´, limit the use of such lawnmowers. Amended by Council Directive 88/180/EEC.
SUBSONIC JET AIRPLANES - COUNCIL DIRECTIVE 80/51/EEC established limits on noise emissions from subsonic airplanes based on standards set by the International Civil Aviation Organisation. COUNCIL DIRECTIVE 89/629/EEC tightened up the rules limiting noise emissions from certain civil subsonic jet airplanes previously covered under the above Directive.
HOUSEHOLD APPLIANCES - COUNCIL DIRECTIVE 86/594/EEC governed the provision of information on the airborne noise levels of household appliances. Does not apply to specifically industrial or professional appliances or those integrated into buildings such as home heating systems etc.
Under Section 51 of the Local Government Act 1963 it is an offence to make any noise or variation which is so loud, continuous or repeated or at such time as to give reasonable cause for annoyance to neighbours. It also provides for procedures for securing the abatement of the noise.
Conditions may be attached to planning permission for developments to reduce emissions from and/or intrusions into structures by noise. Building regulations in 1992 provide for greater insulation to reduce noise intrusion into new houses.
Most new and expanded projects, including motorways and airport runways over 2,100 metres in length, are required by law to be assessed in regard to their expected impact on the local noise pattern.
COUNCIL DIRECTIVE 70/157/EEC of 6 February 1970 on the approximation of laws in the Member States relating to the permissible sound level and the exhaust system of motor vehicles.
COMMISSION DIRECTIVE 73/350/EEC expanded on legislation regarding silencers.
COUNCIL DIRECTIVE 77/212/EEC further tightening sound limits.
COUNCIL DIRECTIVE 78/1015/EEC of 23 November 1978 on the approximation of the laws of the Member States on the permissible sound level and exhaust systems of motorcycles.
COUNCIL DIRECTIVE 79/113/EEC of 19 December 1978 on the approximation of the laws of the Member States relating to the determination of the noise emission of construction plant and
COUNCIL DIRECTIVE 80/51/EEC of 20 December 1979 on the limitation of noise emissions from subsonic aircraft.
COUNCIL DIRECTIVE 81/1051/EEC of 7 November 1981 amending Directive 79/113//EEC.
COUNCIL DIRECTIVE 84/424/EEC of 3 September 1984 amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles.
COUNCIL DIRECTIVE 84/533/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound level of compressors.
COUNCIL DIRECTIVE 84/534/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of tower cranes.
COUNCIL DIRECTIVE 84/535/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of welding generators.
COUNCIL DIRECTIVE 84/536/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of power generators.
COUNCIL DIRECTIVE 84/537/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of powered hand-held concrete breakers and picks.
COUNCIL DIRECTIVE 84/538/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers.
COUNCIL DIRECTIVE 85/405/EEC of 11 July 1985 adapting to technical progress Directive 79/113/EEC.
COUNCIL DIRECTIVE 86/594/EEC of 1 December 1986 on airborne noise emitted by household appliances.
COUNCIL DIRECTIVE 86/662/EEC of 22 December 1986 on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders.
COUNCIL DIRECTIVE 87/405/EEC amending Directive 84/534/EEC-84/537/EEC.
COUNCIL DIRECTIVE 89/235/EEC of 13 March 1989 amending Directive 78/1015/EEC on the approximation of the laws of the Member States on the permissible sound level and exhaust systems of motorcycles.
COUNCIL DIRECTIVE 89/629/EEC of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aeroplanes.
COUNCIL DIRECTIVE 92/14/EEC of 2 March, 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume I of Annex 16 to the Convention on International Civil Aviation, second edition (1988).
COUNCIL DIRECTIVE 92/97/EEC of 10 November 1992 amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles.
COMMISSION DIRECTIVE 96/267/EC of 27 March 1996 adapting to technical progress Council Directive 70.157/EEC relating to the permissible sound level and the exhaust system of motor vehicles (Text with EEA relevance).
The various Directives on noise are implemented under The European Communities (Construction Plant and Equipment) (Permissible Noise Levels) Regulations 1988 (S.I. No. 320 of 1988).
Noise regulations can be made by the Minister of the Environment under Section 106 of the Environmental Protection Agency Act of 1992. To date there are no national standards for noise emissions in Ireland. However, the Environmental Protection Agency published in 1995 a Guidance Note on noise for the scheduled activities listed in the EPA Act, 1992. Section 107 of the EPA Act allows the EPA or local authorities serve a Notice requiring measures to be taken to prevent or limit noise.