366 tal-2018

L.N. 366 of 2018

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Assessment and Management of Environment Noise (Amendment)

Regulations, 2018

BY VIRTUE of the powers conferred by articles 54 and 55 of the

Environment Protection Act, the Minister for Environment,

Sustainable Development and Climate Change, after consultation with

the Environment and Resources Authority, has made the following

regulations:-

The title of these regulations is the Assessment and

Management of Environment Noise (Amendment) Regulations, 2018

and these regulations shall be read and construed as one with the

Assessment and Management of Environment Noise Regulations,

hereinafter referred to as "the principal regulations".

ASSESSMENT METHODS FOR THE NOISE INDICATORS

REFERRED TO IN REGULATION 7(1)

Refer to Annex to Commission Directive (EU) 2015/996 of 19

May 2015 establishing common noise assessment methods according

to Directive 2002/49/EC of the European Parliament and of the

Council.

In the principal regulations, the words ''Annex I of

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'' shall be substituted by the words ''First

Schedule'' wherever they occur.

ASSESSMENT METHODS FOR HARMFUL EFFECTS

REFERRED TO IN REGULATION 7(2)

Dose-effect relations should be used to assess the effect of noise

on populations. The dose-effect relations introduced by future

revisions of this Schedule carried out in accordance with the

regulatory procedure with scrutiny referred to in Article 13(3) of

Directive 2002/49/EC of the European Parliament and of the

Council of 25 June 2002 relating to assessment and management

of environmental noise, will concern in particular

- the relation between annoyance and L den for road, rail and

air traffic noise, and for industrial noise,

- the relation between sleep disturbance and L night for road,

rail and air traffic noise, and for industrial noise.

- If necessary, specific dose-effect relations could be

presented for

- dwellings with special insulation against noise as defined

in the Sixth Schedule,

- dwellings with a quiet façade as defined in the Sixth

Schedule,

- different climates/different cultures,

- vulnerable groups of the population,

- tonal industrial noise,

- impulsive industrial noise and other special cases.

In regulation 3 of the principal regulations there shall be

added a new sub-regulation as follows

''(3) These regulations bring into effect the provisions of

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 as amended by Commission

Directive (EU) 2015/996 of 19 May 2015 establishing common

noise assessment methods, according to Directive 2002/49/EC of

the European Parliament and of the Council, as from 31

December 2018.''.

MINIMUM REQUIREMENTS FOR STRATEGIC NOISE

MAPPING REFERRED TO IN REGULATION 8(3)

1. A strategic noise map is the presentation of data on one of

the following aspects

- an existing, a previous or a predicted noise situation in

terms of a noise indicator,

- the exceeding of a limit value,

- the estimated number of dwellings, schools and hospitals

in a certain area that are exposed to specific values of a

noise indicator,

- the estimated number of people located in an area exposed

to noise.

2. Strategic noise maps may be presented to the public as

- graphical plots,

- numerical data in tables,

- numerical data in electronic form.

3. Strategic noise maps for agglomerations shall put a special

emphasis on the noise emitted by

- road traffic,

- rail traffic,

- airports,

- industrial activity sites, including ports.

4. Strategic noise mapping will be used for the following

- compliance with Malta’s reporting obligations under

Directive 2002/49/EC of the European Parliament and of

the Council of 25 June 2002 relating to assessment and

management of environmental noise,

- a source of information for citizens in accordance with

regulation 10,

- a basis for action plans in accordance with regulation 9.

- Each of those applications requires a different type of

strategic noise map.

5. Minimum requirements for the strategic noise maps

concerning the data to be sent to the European Commission are set out

in paragraphs 1.5, 1.6, 2.5, 2.6 and 2.7 of the Sixth Schedule.

6. For the purposes of informing the citizen in accordance

with regulation 10 and the development of action plans in accordance

with regulation 9, additional and more detailed information must be

given, such as

- a graphical presentation,

- maps disclosing the exceeding of a limit value,

- difference maps, in which the existing situation is

compared with various possible future situations,

- maps showing the value of a noise indicator at a height

other than 4m where appropriate.

The competent authority may lay down rules on the types and

formats of these noise maps.

7. Strategic noise maps for local or national application must

be made for an assessment height of 4m and the 5dB ranges of L den

and L night as defined in the Sixth Schedule.

8. For agglomerations separate strategic noise maps must be

made for road-traffic noise, rail-traffic noise, aircraft noise and

industrial noise. Maps for other sources may be added.

Regulation 7 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words ''Annex II of

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'' shall be substituted by the

words ''the Second Schedule'';

(b) in sub-regulation (3) thereof, the words ''Annex III of

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'' shall be substituted by the

words ''the Third Schedule'';

(c)

sub-regulation (2) thereof shall be deleted;

(d) sub-regulation (3) thereof shall be re-numbered as

sub-regulation (2).

MINIMUM REQUIREMENTS FOR ACTION PLANS

REFERRED TO IN REGULATION 9

1. An action plan must include at least the following

- a description of the agglomeration, the major roads, the

major railways or major airports and other noise sources

taken into account,

- the authority responsible,

- the legal context,

- any limit values in place,

- a summary of the results of the noise mapping,

- an evaluation of the estimated number of people exposed

to noise, identification of problems and situations that

need to be improved,

- a record of the public consultations organised in

accordance with regulation 9(6),

- any noise-reduction measures already in force and any

projects in preparation,

- actions which the competent authority intends to take in

the next five years, including any measures to preserve

quiet areas,

- long-term strategy,

- financial information (if available): budgets, cost-

effectiveness assessment, cost-benefit assessment,

- provisions envisaged for evaluating the implementation

and the results of the action plan.

2. The actions which the competent authority intends to take

in the fields within its competence may for example include

- traffic planning,

- land-use planning,

- technical measures at noise sources,

- selection of quieter sources,

- reduction of sound transmission,

- regulatory or economic measures or incentives.

3. Each action plan should contain estimates in terms of the

reduction of the number of people affected (annoyed, sleep disturbed,

In sub-regulation (3) of regulation 8 of the principal Amends

regulations the words "Annex IV of Directive 2002/49/EC of the regulation

the principal

European Parliament and of the Council of 25 June 2002 relating to the regulations.

assessment and management of environmental noise" shall be

substituted by the words "the Fourth Schedule".

ADDITIONAL DATA REFERRED TO IN REGULATION 11

The following data is to be sent to the European Commission

1. For agglomerations

1.1. A concise description of the agglomeration: location,

size, number of inhabitants.

1.2. The responsible authority.

1.3. Noise-control programmes that have been carried out

in the past and noise-measures in place.

1.4. The computation or measurement methods that have

been used.

1.5. The estimated number of people (in hundreds) living

in dwellings that are exposed to each of the following bands of

values of L den in dB 4m above the ground on the most exposed

façade: 55-59, 60-64, 65-69, 70-74, > 75, separately for noise

from road, rail and air traffic, and from industrial sources. The

figures must be rounded to the nearest hundred (e.g. 5200 =

between 5150 and 5249; 100 = between 50 and 149; 0 = less than

50).

In addition it should be stated, where appropriate and where

such information is available, how many persons in the above

categories live in dwellings that have

- special insulation against the noise in question,

meaning special insulation of a building against one or

more types of environmental noise, combined with such

ventilation or air conditioning facilities that high values of

insulation against environmental noise can be maintained,

- a quiet façade, meaning the façade of a dwelling at

which the value of L den 4m above the ground and 2m in

front of the façade, for the noise emitted from a specific

source, is more than 20dB lower than at the façade having

the highest value of L den .

An indication should also be given on how major roads,

major railways and major airports as defined in regulation 4

contribute to the above.

1.6. The estimated total number of people (in hundreds)

living in dwellings that are exposed to each of the following

bands of values of L night in dB 4m above the ground on the most

exposed façade: 50-54, 55-59, 60-64, 65-69, >70, separately for

road, rail and air traffic and for industrial sources.

In addition it should be stated, where appropriate and where

such information is available, how many persons in the above

categories live in dwellings that have

- special insulation against the noise in question, as

defined in paragraph 1.5,

- a quiet façade, as defined in paragraph 1.5.

It must also be indicated how major roads, major railways

and major airports contribute to the above.

1.7. In case of graphical presentation, strategic maps must

at least show the 60, 65, 70 and 75dB contours.

1.8. A summary of the action plan covering all the

important aspects referred to in the Fifth Schedule, not exceeding

ten pages in length.

2. For major roads, major railways and major airports

2.1. A general description of the roads, railways or

airports: location, size, and data on the traffic.

2.2. A

characterisation

of

their

surroundings

agglomerations, villages, countryside or otherwise, information

on land use, other major noise sources.

2.3. Noise-control programmes that have been carried out

in the past and noise-measures in place.

2.4. The computation or measurement methods that have

been used.

2.5. The estimated total number of people (in hundreds)

living outside agglomerations in dwellings that are exposed to

each of the following bands of values of L den in dB 4m above the

ground and on the most exposed façade: 55-59, 60-64, 65-69, 70-

74, >75.

In addition it should be stated, where appropriate and where

such information is available, how many persons in the above

categories live in dwellings that have

- special insulation against the noise in question, as

defined in paragraph 1.5,

- a quiet façade, as defined in paragraph 1.5.

2.6. The estimated total number of people (in hundreds)

living outside agglomerations in dwellings that are exposed to

each of the following bands of values of L night in dB 4m above

the ground and on the most exposed façade: 50-54, 55-59, 60-64,

65-69, >70.

In addition it should be stated, where appropriate and where

such information is available, how many persons in the above

categories live in dwellings that have

- special insulation against the noise in question, as

defined in paragraph 1.5,

- a quiet façade, as defined in paragraph 1.5.

2.7. The total area (in km 2 ) exposed to values of L den

higher than 55, 65 and 75dB respectively. The estimated total

number of dwellings (in hundreds) and the estimated total

number of people (in hundreds) living in each of these areas

must also be given. Those figures must include agglomerations.

The 55 and 65dB contours must also be shown on one or

more maps that give information on the location of villages,

towns and agglomerations within those contours.

2.8. A summary of the action plan covering all the

important aspects referred to in the Fifth Schedule, not exceeding

ten pages in length.

3. Guidelines

The European Commission may develop guidelines to provide

further guidance on the above provision of information, in

accordance with Article 13(2) of Directive 2002/49/EC of the

European Parliament and of the Council of 25 June 2002 relating

to assessment and management of environmental noise.".

€0.72

In sub-regulation (3) of regulation 9 of the principal Amends

regulations the words ''Annex V of Directive 2002/49/EC of the regulation

the principal

European Parliament and of the Council of 25 June 2002 relating to the regulations.

assessment and management of environmental noise'' shall be

substituted by the words ''the Fifth Schedule''.

In sub-regulation (1) of regulation 10 of the principal Amends

regulations the words ''Annexes IV and V of Directive 2002/49/EC of regulation

the principal

the European Parliament and of the Council of 25 June 2002 relating to regulations.

the assessment and management of environmental noise'' shall be

substituted by the words ''the Fourth and Fifth Schedules''.

Regulation 11 of the principal regulations shall be Substitutes

regulation 11 of

substituted by the following

the principal

regulations .

'' Reporting

In order to satisfy its reporting requirements

Requirement.

under 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, the

competent authority shall submit to the European

Commission the information in the Sixth Schedule,

together with the strategic noise maps referred to in

regulation 8 and the action plans referred to in regulation

9.''.

9. Regulation 12 of the principal regulations shall be deleted.

Deletes

regulation 12 of

the principal

regulations.

10. Regulations 13 to 15 of the principal regulations shall be Adds new

renumbered as regulations 12 to 14, and immediately after regulation regulation

principal

14 of the principal regulations, as renumbered, there shall be added the regulations .

following new regulation

The First Schedule to the Sixth Schedule to

these regulations are being published in the English

language in the English text of these regulations in

accordance with article 54(3) of the Act.''.

11. Immediately after regulation 15, there shall be added the

following new Schedules

''FIRST SCHEDULE

NOISE INDICATORS REFERRED TO IN REGULATION 6

1. Definition of the day-evening-night level L den

The day-evening-night level L den in decibels (dB) is defined by

the following formula

in which

- L day is the A-weighted long-term average sound level as

defined in ISO 1996-2: 1987, determined over all the day

periods of a year,

- L evening is the A-weighted long-term average sound level

as defined in ISO 1996-2: 1987, determined over all the

evening periods of a year,

- L night is the A-weighted long-term average sound level as

defined in ISO 1996-2: 1987, determined over all the

night periods of a year;

in which

- the day is twelve hours, the evening four hours and the

night eight hours. The competent authority may shorten

the evening period by one or two hours and the day and/or

night period may be accordingly lengthened, provided

that this choice is the same for all the sources and

provided further that any systematic difference from the

default option shall be reported to the European

Commission,

- the start of the day (and consequently the start of the

evening and the start of the night) shall be appropriately

chosen by the competent authority (this choice shall be

the same for noise from all sources); the default values

are 07.00 to 19.00, 19.00 to 23.00 and 23.00 to 07.00

local time,

- a year is a relevant year as regards the emission of sound

and an average year as regards the meteorological

circumstances;

and in which

- the incident sound is considered, which means that no

account is taken of the sound that is reflected at the

façade of the dwelling under consideration (as a general

rule, this implies a 3 dB correction in case of

measurement).

The height of the L den assessment point depends on the

application

- in the case of computation for the purpose of strategic

noise mapping in relation to noise exposure in and near

buildings, the assessment points must be 4,0 ± 0,2m (3,8

to 4,2m) above the ground and at the most exposed

façade; for this purpose, the most exposed façade will be

the external wall facing onto and nearest to the specific

noise source; for other purposes other choices may be

made,

- in the case of measurement for the purpose of strategic

noise mapping in relation to noise exposure in and near

buildings, other heights may be chosen, but they must

never be less than 1,5m above the ground, and results

should be corrected in accordance with an equivalent

height of 4m,

- for other purposes such as acoustical planning and noise

zoning other heights may be chosen, but they must never

be less than 1,5m above the ground, for example for

- rural areas with one-storey houses,

- the design of local measures meant to reduce the noise

impact on specific dwellings,

- the detailed noise mapping of a limited area, showing the

noise exposure of individual dwellings.

2. Definition of the night-time noise indicator

The night-time noise indicator L night is the A-weighted long-term

average sound level as defined in ISO 1996-2: 1987, determined

over all the night periods of a year;

in which

- the night is eight hours as defined in paragraph 1,

- a year is a relevant year as regards the emission of sound

and an average year as regards the meteorological

circumstances, as defined in paragraph 1,

- the incident sound is considered, as laid down in

paragraph 1, the assessment point is the same as for L den .

3. Supplementary noise indicators

In some cases, in addition to L den and L night , and where

appropriate L day and L evening , it may be advantageous to use

special noise indicators and related limit values. Some examples

are given below

- the noise source under consideration operates only for a

small proportion of the time (for example, less than 20%

of the time over the total of the day periods in a year, the

total of the evening periods in a year, or the total of the

night periods in a year),

- the average number of noise events in one or more of the

periods is very low (for example, less than one noise

event an hour; a noise event could be defined as a noise

that lasts less than five minutes; examples are the noise

from a passing train or a passing aircraft),

- the low-frequency content of the noise is strong,

- L Amax , or SEL (sound exposure level) for night period

protection in the case of noise peaks,

- extra protection at the weekend or a specific part of the

year,

- extra protection of the day period,

- extra protection of the evening period,

- a combination of noises from different sources,

- quiet areas in open country,

- the noise contains strong tonal components,

- the noise has an impulsive character.