CONSULTATION BRIEF
Start date: 1 February 2022
Closing date: 1 March 2022
Title of the public consultation: Assessment and Management of Environment Noise (Amendment) Regulations, 2022
Ministry: Ministry for the Environment, Climate Change and Planning
Entity: Environment & Resources Authority
Background
The recently published Assessment and Management of Environmental Noise (Amendment) Regulations, 2022, amended the Assessment and Management of Environmental Noise Regulations (S.L. 549.37, i.e. the principal regulations).
The objectives of the amendments are to transpose the obligations arising from Commission Directive (EU) 2020/367 of 4 March 2020, which serves to establish assessment methods for harmful effects of environmental noise, as well as to cater for amendments to the Second Schedule of the principal regulations, arising from Commission Delegated Directive (EU) 2021/1226 of 21 December 2020, as regards common noise assessment methods.
Directive 2002/49/EC was transposed into national law through the Assessment and Management of Environment Noise Regulations (S.L. 549.37) which aim to avoid, prevent or reduce the harmful effects of noise pollution on the environment.
Commission Directive (EU) 2020/367 seeks to replace Annex III of Directive 2002/49/EC, which corresponds to the Third Schedule of S.L. 549.37. Therefore, the published Assessment and Management of Environment Noise (Amendment) Regulations, 2021, replaces the Third Schedule within S.L 549.37, in order to align this with the new Annex III of the Directive.
Annex II of Directive 2002/49/EC, referred to in the Second Schedule of S.L. 549.37, has been amended by virtue of Commission Directive (EU) 2015/996, the Corrigendum to Commission Directive (EU) 2015/996, and recently through the Commission Delegated Directive (EU) 2021/1226. Therefore, the published amendment to the principal regulations also amends the wording of the Second Schedule to clarify that it is the amended Annex II to Directive 2002/49/EC that one must refer to.
Notably, the published amendments do not add any additional obligations on Malta or any specific industries within Malta – they serve to better the method of assessment for harmful effects of environmental noise and to allow the calculation of environmental noise following a single and very precise methodology all over the EU, in line with technical and scientific progress, as is required by article 12 of Directive 2002/49/EC.
Consultation
These regulations were issued in exercise of the powers conferred by article 55(2) of the Environment Protection Act (Chapter 549) which enables the Minister to carry out public consultation after the promulgation of legislation which the Minister declares to be urgent.
The public is invited to make submissions to ERA with their comments as to why and how these regulations could be amended in line with articles 55(2) and 55(3) of the Environment Protection Act (Cap. 549).
- Documents
Assessment and Management of Environmental Noise (Amendment) Regulations, 2022
Regolamenti tal-2022 li jemendaw ir-Regolamanti dwar Valutazzjoni u Maniġġar ta’ Ħsejjes fl-Ambjent
Public Submissions and Responses
- Submission of feedback
Comments will be received by email on era.policy@era.org.mt by 1 March 2022
Further notes
Please be informed that comments submitted, together with the identity of the contributor, may be published online at the end of the public consultation, unless the contributor objects to the publication of his/her personal data. In this case, the contribution may be published in anonymous form.
All comments submitted shall be duly considered.
