Public Consultation

CONSULTATION BRIEF ON THE ASSESSMENT AND MANAGEMENT OF ENVIRONMENT NOISE (AMENDMENT) REGULATIONS, 2018

1. BACKGROUND

The aim of the proposed Assessment and Management of Environment Noise (Amendment) Regulations, 2018, is to transpose the obligations arising from 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. The former Directive replaces Annex II of the original environmental noise Directive 2002/49/EC.

Directive 2002/49/EC was transposed into national law through the Assessment and Management of Environment Noise Regulations (S.L 549.37), which aims to avoid, prevent or reduce the harmful effects, including annoyance, due to the exposure to environmental noise. These regulations are therefore being amended to cater for the addition of the new Directive 2015/996, and to formally integrate the relevant annexes from the original Directive into national legislation to ensure consistency in the transposition process.

2. IMPLICATIONS

The proposed Assessment and Management of Environment Noise (Amendment) Regulations, 2018 add the following Schedules to S.L 549.37, which correspond to the six annexes found in the EU Directives:

Schedule I: Noise indicators referred to in regulation 6
Schedule II: Assessment methods for the noise indicators referred to in sub-regulation 1 of regulation 7
Schedule III: Assessment methods for harmful effects referred to in sub-regulation 3 of regulation 7
Schedule IV: Minimum requirements for strategic noise mapping referred to in subregulation 3 of regulation 8
Schedule V: Minimum requirements for action plans referred to in regulation 9
Schedule VI: Additional data referred to in regulation 11.

The annexes are already applicable in Malta through the application of the Directive and its reference in S.L. 549.37, however by virtue of this amendment, the entire text of the annexes will be incorporated into S.L. 549.37 in order to ensure a streamlined and comprehensive piece of legislation. The new annex introduced by Directive 2015/996 introduces a harmonised methodology to be used throughout the EU for the assessing of noise.

The proposed regulations also amend regulation 11 of the principal regulations in order to fully transpose article 10(2) of the original Directive 2002/49/EC relating to the Competent Authority’s obligation to report to the Commission.