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In my presentation I shall try to give you an overview of the Environmental Noise Directive (END). The Directive was adopted in 2002 and it should have been transposed into national legislation in July 2004 in the latest. In order to give you an overview of the Directive, I shall first talk about its main objectives and field of application. After that I am trying to describe the system of stepwise implementation the objectives of the Directive. In doing so, the noise indicators and limit values shall be addressed a brief remark. After that I shall focus on noise mapping and action plans. The last part of my presentation is addressed to links of the END to other, mostly EU, legislation affecting levels environmental noise.I shall not talk about case-law of the ECJ, because there are only a couple of infringement procedures concerning the END (e.g. C-138/06, Commission v UK).

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According to Article 1 END the aim of the Directive shall be to define a common approach intended to avoid, prevent or reduce on a prioritised basis the harmful effects, including annoyance, due to exposure to environmental noise. To that end the following actions shall be implemented progressively: 1) the determination of exposure to environmental noise, through noise mapping, by common assessment methods; 2) ensuring that information on environmental noise and its effects is made available to the public; and 3) adoption of action plans by the MSs, based upon noise mapping results, with a view of preventing and reducing environmental noise where necessary and particularly where exposure levels can induce harmful effects on human health and to preserving environmental noise quality where it is good.The Directive shall also aim at providing a basis for developing EU measures to reduce noise emitted by the major sources, in particular road and rail vehicles and infrastructure, aircraft, outdoor and industrial equipment and mobile machinery. To this end, the Commission shall submit appropriate legislative proposals by 18.7.2006, taking into account reports based on later Articles.

The END was based on Art. 175(1) of the TEC, now Art 192(1) of the TFEU, which implies that it is a minimum harmonisation Directive based on implementation of EU environmental policy. It is a framework directive which is based on a programmatic approach. Using the instruments of the Directive, the MSs shall, within set time frames, prepare noise maps, communicate them to the public and adopt action plans to reduce environmental noise. The END also sets the

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Commission under the obligation to develop EU legislation affecting noise emissions, in order to protect human health and the environment from excessive noise.

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Environmental noise is defined as unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, and from sites of industrial activity, such as those defined in Annex I of the IED (Art. 3(a) END). E.g. singing of the birds is not categorised as environmental noise. Once during an on-site inspection of my Court, the perceived noise levels exceeded the acceptable levels only because of the birds singing there.The END shall apply to environmental noise to which humans are exposed in particular in built-up areas, in public parks or other quiet areas in agglomeration, in quiet areas in open country, near schools, hospitals and other noise-sensitive buildings and areas (Art. 2(1) END).The Directive shall not apply to noise that is caused by the exposed person himself (e.g. listening to black metal music with a high volume), noise from domestic activities (probably e.g. mowing the lawn, but later we notice that noise emissions of lawnmowers is regulated), noise created by neighbours, noise at work places (which is covered by separate legislation concerning health and safety at work), or noise inside the means of transport or due to military activities in military areas. The last bullet point is interesting and leaves a considerable margin for interpretation: is e.g. noise caused by shootings in a garrison area which is felt in a neighbouring residential area covered by the Directive? If a military excercise, in turn, takes place outside an areas reserved for military purposes, noise caused by the excercise is in principle covered by the Directive.

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This is a photo copied from Helsinki City noise plan. To the left you can see Hietaniemi cemetery where e.g. several former Presidents of the republic rest. In the vicinity of the busy road there are residential areas and a hospital.

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Implementation of the Directive is, as described above, based on a stepwise approach. First, the noise situation is examined, the results shared with the public who can comment on them, and on the basis of this background work action plans to tackle excessive environmental noise from major sources shall be adopted.

Noise mapping means the presentation of data on an existing or predicted noise situation in terms of a noise indicator, indicating breaches of any relevant limit values in force, the number of people affected in a certain area, or the number of dwellings exposed to certain values of a noise indicator in a certain area (Art. 3(q) END). Strategic noise map is a map designed for the global assessment of noise exposure in a given area due to different noise sources or for overall predictions for such an area (Art. 3 (r) END).

Action plans are plans designed to manage noise issues and effects, including noise reduction if necessary (Art 3(t) END).

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The END (Art. 5) presupposes the use of common noise indicators for the preparation of noise mapping. These indicators are Lden and Lnight, which are defined in Annex I of the Directive. Lden refers to A-weighted long-term sound level, in which the day is 12 hours, evening 4 hours and night 8 hours, implying that noise levels in evenings and especially during night time, which are more annoying, are afforded more weight (+ 5 dB in the evening and + 10 dBduring night time).However, there are some exceptions to the rule. Supplementary indicators may be used in special cases, such as those listed in Annex I (3). For acoustical planning (such as land use planning, traffic planning and noise control of sources) and noise zoning, MSs may also use other indicators. E.g. in Finland, Lden is typically usea in assessing aircraft noise around airports, whereas assessment of e.g. road traffic noise is based on Laeq-indicator, where daytime is 7-22 and night time 22-7.

The assessment methods are described in Annex II and assessment of harmful effects in Annex III of the Directive.

Neither the Directive nor its Annexes set any legally binding EU wide noise limit values or even targets. The setting of mandatory noise limit values at EU level would touch upon subsidiarity issues. However, no later than 18.7.2005, MSs have been under an obligation to communicate information to the Commission on any relevant limit values in force within their territories or under preparation, expressed in terms of Lden and Lnight and where appropriate, Lday and Levening, for road- and rail-traffic noise, aircraft noise around airports and noise on industrial

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activity sites, together with explanations about the implementation of the limit values (Art. 5(4) END).

A limit value is defined in the Directive as a value of Lden or Lnight and where appropriate Lday and Levening, as determined by the MS, the exceeding of which causes competent authorities to consider or enforce mitigation measures. Limit values may be different for different types of noise (road-, rail- air-traffic noise, industrial noise, etc.), different surroundings and different noise sensitiveness of the populations. They may also be different for existing situations and for new situations (Art 3(s) END).

I read the afore-mentioned sections so that a MS is also under an obligation to issue limit values. Obviously, a MS cannot only report to the Commission that we do not have any limit values and have no intention to issue any. The limit values shall be based on the indicators set out in the Directive. However, as already according to the ancient Roman neighbourhood law and also modern environmental law, limit values may vary according to what is common-place in a certain neighbourhood (industrial vs residential area) and also according to whether there is already a prevailing noise problem (a busy road in a City through a residential neighbourhood) or whether a new residential area or a new road is being planned. A more hard case is to what levels a MS can define these limit values and what kind of measures would be appropriate and adequate to implement the limit values. Maybe we can discuss this more thoroughly in the case-study session.

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Major sources of noise are defined in Art. 3 (k, n-p) END. Agglomeration is a part of the territory, delimited by the MS, having a population in excess of 100 000 persons and a population density such that the MS considers it to be an urbanised area. Major road is a regional, national or international road, designated by the MS, which has more than 3 million vehicle passages a year. Major railway is a railway, designated by the MS, which has more than 30 000 train passages a year. Major airport is a civil airport, designated by the MS, which has more than 50 000 movements (take-offs or landings) per year.According to Art. 7 END, MSs shall ensure that no later than 30.6.2007 strategic noise maps showing the situation in the preceding calendar year have been made, and where relevant, approved by the competent authorities, for all agglomerations with more than 250 000 inhabitants and for all major roads which have more than 6 million vehicle passages a year, major railways which have more than 60 000 train passages per year and major airports (so called upper thresholds). The Commission was to be informed by the MS about these noise sources by 20.6.2005, and thereafter every 5 years. By 31.12.2008, the MSs were to inform the Commission of all of the major sources of noise, indicated above.According to Art. 8 END, MSs shall ensure that no later than 18.7.2008 the competent authorities have drawn up action plans designed to manage noise issues and effects, including noise reduction if necessary for: 1) places near the major roads which have more than 6 million passages a year, major railways which have more than 60 000 train passages per year and major airports; and 2) agglomerations with more than 250 000 inhabitants; such plans shall also aim to

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protect quiet areas against an increase in noise.

The measures within the plans are at the discretion of the competent authorities, but should notably address priorities which may be identified by the exceeding of any relevant limit value or by other criteria chosen by the MSs and apply in particular to the most important areas as established by strategic noise mapping. As part of the action plans, MSs were required to introduce specific measures and draw up action plans to protect quiet areas in agglomerations against an increase in noise. However, the END has left it to the discretion of the MSs to delimit these areas.

MSs shall ensure that by 18.7.2013 the competent authorities have drawn up action plans notably to address priorities which may be identified by the exceeding of any relevant limit value or by other criteria chosen by the MSs for the agglomerations and for the major roads and major railroads (lower thresholds).

The public shall be consulted about proposals for action plans, and given early and effective opportunities to participate in the preparation and review of the plans. The results of the participation shall be taken into account and the public shall be informed on the decisions taken. A sufficient time-frame for each stage of public participation shall be provided.

However, as Commission report on the implementation of END puts it, the Directive is lacking a clear enforcement regime where action plans would be clearly linked to exceedances in noise levels even if the MSs have legally binding limit values at national level.

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An example of noise report of Helsinki City 2012.

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The noise map illustrates noise levels caused by Helsinki-Malmi airport in the vicinity. The airport is used for aviation education and recreational aviation.

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The approach of END is based on mapping and assessment of environmental noise and mitigation of its effects by measures indicated in action plans. The point of view is the noise felt in a certain area, typically in an agglomeration or in the vicinity of a road, railroad or airport. The objects of the noise are in the focal point.

However, there are several pieces of EU legislation, the aim of which is to reduce noise emissions. Reduction of emissions, of course, is presupposed to prevent harmful and annoying noise felt by an object. This kind of regulation aims at decreasing the permissible noise emission levels of different kinds of vehicles, machines and products. In the materials, several regulations and directives providing noise emission requirements for cars, motor-bikes, tractors and all kinds of noisy equipment used outdoors can be found.

This kind of legislation is typically full-harmonising, based on Art. 114 TFEU. The idea is to achieve a common standard, by which all the MSs are bound. In the internal market all machines and equipment complying with the indicated noise emission levels can be sold and legally used. No MS may refuse to grant an approval of an equipment on grounds relating to the permissible sound level if the sound level satisfy the requirements set out in the relevant directive. This means that e.g. a MS, whose own lawnmower industry is capable to produce equipment with an exceptionally low noise emission level, cannot legislate on lower than EU noise levels, because it would cause distortion of competition.

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The IED which has repealed the previous IPPC Directive lays down rules on integrated prevention and control of pollution arising from industrial activities (Art. 1 IED). The IED is applied to industrial activities giving rise to pollution, listed in Annex I (and some chapters) of the Directive (Art 2). Pollution means (Art. 3(2)) the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or NOISE into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities or other legitimate uses of the environment. Also the definition of emission includes noise (Art. 3(4)).

The IED provides a permit system presupposing that e.g. installations referred to in Annex I must not be operated without a permit (Art. 4 IED). According to Art. 11 IED installations shall be operated in accordance with e.g. the following principles: all the appropriate preventive measures are taken against pollution, the best available techniques are applied, and no significant pollution is caused. According to Art. 18, where an environmental quality standard (which can of course be a maximum noise level on a certain type of an area) requires stricter conditions than those achievable by the use of BAT, additional measures shall be included in the permit, without prejudice to other measures which may be taken to comply with environmental quality standards. The permit shall include all measures necessary for compliance with the requirements of these articles. There is also a system for periodical reconsideration and updating of permit conditions by the competent authority (Art. 21).

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Land use planning is referred to in END (e.g. as a means of acoustic planning). However, land use planning is one of the areas within environmental law which has been vested almost completely with the competence of the MSs. Of course e.g. the SEA Directive covers also land use plans, but does not include substantive provisions about the way how MSs should plan the use of their territory.

As examples on legislation which has a significant impact on land use planning can be mentioned directives on nature protection, i.e. the Habitats Directive and the Birds Directive. On the basis of these Directives, MSs are obliged to designate valuable nature areas as Special Protection Areas and Special Areas of Conservation, which form EU-wide the Natura 2000 network. E.g. Art 6 of the Habitats Directive includes provisions aiming at preventing harmful impacts on the animal species hosted by the Natura site. This can lead to prohibition or restrictions on an activity planned inside or outside the Natura site. Natura sites shall, of course, be noted in land use planning of the site itself and areas near by it.

The classical idea of land use planning is to designate areas for different societal needs, such as residential areas, areas for communications, industry, public and private services, and recreational and protection areas. In drafting a plan, the aim is to separate areas vulnerable for disturbances from those typically causing excessive disturbance, such as harmful noise. Of course supplementary means must be implemented, such as noise isolation of dwellings in cities, designing of buildings in a manner, where sleeping rooms or playgrounds do not face busy

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roads, and leaving of protective green zones and building noise walls between roads and homes.

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Here is an example of a master plan of the City centre of Tampere. On the basis of a master plan, detailed plans shall be drafted. The red areas (C) are designated for general city centre purposes, dark brown (AK) for blocks of flats, grey for industry, violet (PY) public services and administration, white surrounded by red lines (L) for communications, such as railroads, and green for different recreational purposes (including parks and sports areas).

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