Department for Environment, Food & Rural Affairs

Noise and Nuisance Policy

Noise Climate Assessment:
A Review of National and European Practices

Annex B
Legislative Background for European Review

B1 Austria

Laws and Technical Memoranda Relating to Environmental Noise

In Austria, there is no comprehensive legislation on noise emissions or impact. The Austrian Federal Constitution, dating back to the 1920s, did not consider environmental protection as an explicit issue and so noise abatement has become the subject of secondary legislation. For example, individual regulations exist for each of the major sources of environmental noise, including rail and road traffic.

Road traffic noise emissions are regulated by the Motor Vehicle Law/Vehicle Law-Implementation Order of the EC Directive, 1993 (KFG/KDV [RL. 70/157/EWG]). This is implemented and regulated by the Federal Ministry of Public Economy and Traffic (BMöWV). The impact of noise on Federal roads is controlled by the Decree on Noise Control on Federal Roads, 1983 (Eraß Zl. 920 080/1-III/14/82). The Provinces (Bundesländer) have responsibility for its implementation.

Rail traffic noise emissions and impact are regulated by a statutory order on noise emissions from rolling stock 1993 (SchLV BGBl. Nr. 414/1993) and a statutory order on noise impact from rolling stock 1993 (SchIV BGBl. Nr. 415/1993) respectively. These orders are implemented by BMöWV.

Air traffic noise emissions are regulated by a statutory order on noise emissions from aircraft (ZLZV) 1992, and is also implemented by BMöWV. The Aircraft Noise Act for regulating the impact of aircraft noise is currently in preparation.

The two primary regulations for controlling the impact of noise from industry are the Trade Law (GewO) and the Trade Law EC Directive (GewO R1. 79/113/EWG), which deals with emissions from machinery and technical equipment. Regulations controlling the impacts of industrial noise are executed by the Federal provinces (Bundesländer), whereas emissions and impact of machines and technical equipment are regulated by the Federal Ministry of Economic Affairs (BMwA). The Trade Law provides the legal basis for environmental issues of plants and workshops. In many cases, an A-weighted equivalent value is used as the only noise criterion. Several standards and guidelines are used such as ÖAL-guideline 3, 1986.

Furthermore, the Environmental Impact Assessment Law 1994 aims to prevent health risks and annoyance through the assessment of a new development (eg railway) by using EIA as part of the planning process.

No general legislation on environmental noise exists at the Federal level in Austria, there are, however, different regulations and laws in each of the nine Federal provinces (Bundesländer). There is also an ÖNORM (S 5021 'Schalltechnische Grundlagen für die örtliche und überörtliche Raumplanung und Raumordnung', Ausgabe 1st August, 1990) and a ÖAL-Guideline No 3 'Beurteilung von Schallimmissionen, Lärmstörungen im Nachbarschaftsbereich' 5th Edition, December 1986) which specify maximum ambient noise levels. The current government does not plan to introduce new legislation during their term of office.

Noise Standards for New Developments and Emission Limits for Different Sources of Noise that Create Zones

Not Known.

Noise Insulation or Compensation Provisions

There has been a programme throughout the 1980s to assist people with noise insulation close to Federal roads (financial support). There is also a similar programme for railways.

The Level at which Legislation is Implemented - Nationally, State, Regionally or at All Levels

Legislation is implemented at two levels in Austria:

It is difficult to assess the level of implementation and enforcement of existing Austrian legislation on environmental noise, since this differs between provinces, for example in the way noise impacts from 'existing' railways and Federal roads(1) are controlled.

B2 Denmark

Laws and Technical Memoranda Relating to Environmental Noise

Environmental administration in Denmark was decentralised to the elected County or Municipal Councils in October 1974. As a result, each municipality is responsible for regulating noise levels within their own jurisdiction. Environmental requirements concerning noise are set out as a requirement to comply with a limit value (eg, the maximum noise level in dB(A) at the enterprise site boundary between 0700 and 1800 hrs, based on Best Available Technology (BAT)). The relevant EC Directives on noise have been directly incorporated into Danish law, and different legislation exists for each type of noise source.

However, with regard to noise from commercial operations (factories, offices etc), there are no EC rules in force. External noise from enterprises is regulated by a guideline which is closely followed during the authorisation processing of applications for new enterprises. The noisiest factories are regulated by a Statutory Order over the period 1994-2000 to meet specified noise limits which vary according to time of day and area in which such factories are located.

There are two guidance documents relating to noise from industrial processes (1974). These guidelines are sector specific, with levels varying according to neighbouring land use. One, produced by the Danish Environmental Protection Agency (DEPA) regulates external noise, the other, occupational or 'internal' noise. These guidelines have since been updated. For external noise, Guideline No. 5 sets out the administration on noise from industrial plants and Guideline No. 6 describes the methods for measurement from industrial plants. Both guidelines were issued in 1984. In 1993 another Guideline was published on the calculation of noise from industrial plants. This formed the basis for the Danish implementation of the Nordic Calculation Measurement Method as developed in the 1980s.

The requirements of the Guideline depend on the type of 'district' or area in which an enterprise or industrial process is to be carried out. As a result, limit values range from 70 dB(A) over 24 hrs in commercial/industrial areas to 45 dB(A) in suburban residential districts during the day. The Danish enterprises generating the highest noise levels are Copenhagen Airport in Kastrup and Danish Steel Works Ltd in Frederiksværk. Noise abatement will be undertaken in the next few years at the initiative of the environmental authorities.

In terms of road traffic noise, legislation is weak, although there are standards for new dwellings where noise levels must not exceed LAeq, 24 hour 30 dB inside the property. According to the Danish town and country planning system, it is a requirement that new houses may not be built in areas where road noise exceeds the free-field value limit of 55 dB. Furthermore, when developing new roads or airports, an environmental impact assessment (EIA) is required in accordance with the Community Directive on EIA. In these circumstances, the free-field value of 55 dB(A) also applies as the required limit for outside noise for dwellings. Attempts are being made to enforce these limits by using the planning system.

In terms of railway noise, legislation is also weak. This is because railway noise is perceived to be less of a nuisance than road traffic noise, perhaps partly because of its perceived environmental benefits over road transport. Limits are extended by 5 dB(A) to 60 dB(A) for railway traffic noise in residential areas (free-field value). The limit for LAmax from the most noisy train normally used for railway noise is 85 dB.

For all air traffic activities, the Danish EPA establishes recommended noise limit values for zoning purposes. These limit values depend on the use of the area under consideration. All airports and airfields are regulated in accordance with a statutory order from 1995 to 1999 to meet a range of noise limits. For residential areas, this limit is 55 dB(A) (DEN level). This Day-Evening-Night Level is used to describe air traffic noise exposure and is based on LAeq calculated as an average of the three months of the year representing the highest number of operations, etc. Noise zones will be calculated for these noise limits to ensure that new houses are not built within such zones.

Noise Standards for New Developments and Emission Limits for Different Sources of Noise that Create Zones

There are noise standards for new developments that create zones according to noise levels, as described above. Law No. 388 of 6th June 1991 describes the planning system in Denmark. This is a multiple-tier planning system (country-wide) for all regional, municipal and local levels. At a regional level this law establishes the general terms for regional plans, including zoning of noise levels from large buildings, main roads, shooting ranges and motor-sport areas. Industrial or residential developments are treated on a municipal or local level. At the local level, new residential development or a change in the position of roads or railways should be in agreement with municipal and regional level plans.

With regard to aircraft noise, the planning system, which comprises national, regional and municipal levels, requires zoning to be carried out around all 127 airfields and airports in Denmark. The National Agency for Physical Planning establishes recommended noise limit values for zoning purposes.

Regulations are in preparation covering noise around military areas. In particular, zoning is under discussion.

Noise Insulation or Compensation Provisions

There are noise insulation provisions for road, rail and air traffic in Denmark.

In terms of industry, these provisions are only used in certain circumstances. For example, sugar-producing factories which only operate during cold periods of the year are granted higher noise limits on the provision that they undertake noise insulation of buildings in the approximate vicinity. This is a local voluntary arrangement, based on Guideline No. 5 (1984) on noise from industrial plants.

The greatest single source of noise pollution in Denmark is Copenhagen International Airport, which exceeds guide levels as set out in the Danish EPA's Guidelines on noise from airports. Airports are listed enterprises and are therefore, in principle, subject to the usual rules on authorisation, etc. However, a 1980 Act stipulates that this airport should be expanded in order to secure its position as a major international airport, with the twin goal of staying within noise limits set in 1976. By way of compensation, dwellings in the immediate vicinity were offered support for noise abatement measures - which was accepted by approximately 80% of those affected. In particular, the Danish Government has subsidised noise insulation for dwellings exposed to LAeq levels greater than 65 dB(A). The insulation of dwellings located in the older parts of the city itself is now under investigation.

Since 1992, the Danish Ministry of Transport has been involved in noise abatement measures along state-owned roads, and in 1992/93, a total of DK 35 million (approximately £ 3 million) was invested in noise barrier and sound proofing measures, thereby improving conditions for numerous homes exposed to noise levels exceeding 65 dB(A). This programme will be continued over the next 15 years, with measures aimed not only at the impact of noise levels (ie noise deflection or soundproofing), but directly at traffic, although the main focus of work will be on soundproofing due to lack of space availability.

In terms of rail, Danish State Railways is under a requirement to construct noise barriers and subsidise noise insulation for dwellings in residential areas exposed to levels exceeding 65 dB(A). This started in 1987 and will continue until 2005. This is financed by using 1% of the annual construction budget for the Danish State Railways.

The Level at which Legislation is Implemented - Nationally, State, Regionally or at All Levels

Legislation on noise is implemented at a municipal level.

B3 France

Laws and Technical Memoranda Relating to Environmental Noise

The Noise Abatement Law of 31st December 1992 deals with several sources of noise:

In terms of industry, a French by-law of 20th August 1985 governs authorised noise levels in the immediate vicinity of industrial installations. The prescribed limits take into account time of day and type of housing exposed. In addition to this law there are two further laws covering noise from industrial installations:

These two laws regulate non-classified and classified installations respectively.

An Arrêté Generale covering pollution from industrial processes was abandoned due to an administrative problem during 1996. One of the requirements of this proposed law addressed noise abatement. However, new legislation governing noise from industrial plants has since been adopted (at the end of January 1997). The new arrêté regulates noise emissions from industrial plants required to have an authorisation under the 1976 Law on Environmental Protection. This is a modification of the 1992 Law on Noise Abatement. The new law will come into force on 1st July 1997, following a three-month study on its implementation within industry, and will apply to all stationary and mobile sources of noise operating within the site boundary.

Regulations governing noise from all sources of traffic are covered by a series of different documents which mainly concern situations encountered in the field. In the case of road traffic, new roads built close to existing buildings are regulated by the Law on Impact Studies of July 1976, for which the first application texts were published in 1978. This law prescribed a noise limit for new roads of 65 dB(A) for existing dwellings. The initial text of 1978 was modified in 1983 through a circular regarding the protection from noise close to national network road infrastructures. The aim of this amendment was to maintain the LAeq level produced by roads within the range of 60-65 dB(A) at sensitive receivers. Furthermore, the General Office of the Local Authorities recommends the use of rules contained within the 1983 amendment for local roads. These rules also apply to the modification of existing roads, where the initial noise levels of existing roads prior to modification was below 65 dB(A).

Buildings erected close to transportation infrastructure are regulated by the town planning code and the construction code. Noise during operations is controlled in accordance with the inter-ministerial decision of 6th October 1978.

The Noise Abatement Law of 31st December 1992 significantly modifies all existing legislation currently in force. In particular, this law distinguishes between time of day for new infrastructures and building usage.

For railway noise, the law on environmental impact studies (EIE) requires the protection of buildings close to new infrastructures and initial recommendations on noise limits were outlined in the 'Guide du bruit des transports terrestres'. These noise guidelines require the provision of sound-protection measures where noise levels exceed 65 dB(A). Furthermore, the noise law of December 1992 should result in further reductions to 62 dB(A) and 60 dB(A) in view of new high-speed infrastructures and trains respectively.

Aircraft noise is assessed by means of the a noise index (Indice Psophique -IP) which includes a maximum permitted noise level for fly-overs according to two separate day and night-time periods. Different zones restrict residential or other types of building according to four distinct noise bands. Further to this, land planning restrictions on zones subject to aircraft noise have been imposed through regulations requiring noise insulation measures to be implemented for buildings.

Noise Standards for New Developments and Emission Limits for Different Sources of Noise that Create Zones

There have been previous attempts to establish noise zoning of industrial facilities, but these were dropped as a result of complications. However, there is legislation that establishes defined noise limits for industrial facilities with neighbouring residential areas:

The French Administration is responsible for the inventory and classification of ground transport infrastructures likely to generate noise (Article 2 of the decision). The infrastructures are classified in five categories according to day and night noise reference levels. The Administration has to determine sectors affected by noise pollution either side of such linear infrastructures (300 metres maximum). Building in places subject to excessive noise is discouraged, and planning authorities are obliged to inform those responsible for construction work that such buildings will be subject to disturbance by noise, and that such buildings require noise . The minimum insulation value is given by the aforementioned decision.

In France, the noise index (IP) is used for aircraft noise. Different zones restrict residential or other types of construction work according to four distinct noise bands for airport traffic. Further to this, land planning restrictions on zones subject to aircraft noise have been imposed through regulations requiring noise insulation measures to be implemented for buildings.

Noise Insulation or Compensation Provisions

Regulations concerning transportation noise aim to protect people living along new or modified roads.

In the case of new roads to be constructed or existing roads to be modified, close to existing buildings, relevant legislative texts are:

When constructing new roads, noise limits are modulated to take account of time of day, pre-existing noise levels and building usage.

For rail traffic, the noise guidelines, 'Guide du bruit des transports terrestres', require the provision of sound-protection measures where noise levels exceed 65 dB(A).

Regulatory and legislative texts have imposed land planning restrictions on zones subject to aircraft noise. In particular, noise insulation measures are required according to type of building and noise zone. The Noise Abatement Law of 1992 states that airports must provide noise insulation for both dwellings and public buildings. The thresholds at which insulation should be provided are set out in Noise Inconvenience Maps (PGS), which were established by the Decree of the 18th March 1994. The extent to which insulation is provided depends on which of three zones a dwelling is located in. The Circulaire d'Application for the Law of July 1995 defines the standards of noise insulation for dwellings in relation to these zones.

See also above (planning standards and zoning).

The Level at which Legislation is Implemented - Nationally, State, Regionally or at All Levels

Nationally - there are no local laws.

B4 Germany

Laws and Technical Memoranda Relating to Environmental Noise

The legal basis for noise pollution in Germany is the Federal Clean Air Act of 1974 ( full title: Law for the Prevention of Harmful Effects on the Environment Caused by Air Pollution, Noise, Vibration and Similar Phenomena - Bundes-Immissionsschutz - BImSchG) and the Technical Instruction - Noise (Technische Anleitung Lärm).

In terms of industry, the TA Lärm is a technical guideline applicable to installations which require a permit for operation in accordance with the Ordinance on Installations Requiring Permitting (Verordnung über genehmigungsbedürftige Anlagen - 4. BImSchV). Noise limits in Germany are found in TA Lärm regulations dating from July 1968.

However, Paragraph 47 (a) of BImSchG requires that communities have to state recommended noise limits to protect the health of the general public and, as a part of noise imission planning, many towns have started to calculate and prepare noise maps for different noise sources of their area. Furthermore, if there are any dangers posed through a high level of noise, it is a requirement to undertake co-ordinated work to provide relief to people, and towns are obliged to establish noise reduction plans. If there are different sources of noise, eg road traffic and industry, a noise plan is required. No time-scale is indicated as part of this law, there is only a duty to fulfil its requirements.

Some regions such as Neidersachsen and Baden-Württemberg support this approach to noise imission planning through their environmental agencies (eg, LfU in Baden-Württemberg).

Under the Federal Immission Safeguards Act of March 1974 and the Federal Highway Act of October 1974, it is a requirement that dwellings situated along Federal roads are protected against road traffic noise. The Road Traffic Code also contains several regulations designed to reduce disturbance from road noise.

Attempts were made in 1980 to adopt a road traffic noise protection law, but this was rejected. However, in 1983 a regulation (not law) was passed which contained noise immission limits applicable to all Federal roads in Germany. According to this regulation, funds are provided to all dwellings along existing roads to carry out noise insulation measures. These limits were further amended in 1986 and in 1990. The protection against road traffic noise is the responsibility of the authority responsible for construction of the road. In Germany, there are three levels:

Noise limits for Federal roads are indicated below. These limits are also applicable to new roads built by the Länders. There are no regulations for local roads - municipalities act according to their own requirements. Those towns with populations over 80,000 people are responsible for the construction of noise barriers on Federal roads within their area.

In terms of rail traffic noise, an ordinance from June 1990 establishes the same noise immission limits for new lines as for roads. Noise levels from rail traffic are not considered to be as disturbing as those from road traffic. Hence 5 dB(A) is deducted from calculated noise levels before any comparisons are made with prescribed noise limits. Dwellings subject to levels that exceed such calculated levels are subject to noise protection measures. There are no current limits for existing railways.

In accordance with legislation on aircraft noise (aircraft noise law of 1974), two noise protection zones are defined. Limits within these zones apply to two separate day and night-time periods. Construction of residential property is restricted according to these zones. In zone 1 (LAeq > 75 dB) existing properties are able to obtain financial reimbursement of any costs incurred as a result of noise insulation measures. Further zoning restrictions apply.

Noise Standards for New Developments and Emission Limits for Different Sources of Noise that Create Zones

The sixteen Federal States of Germany have adopted the use of emission values for noise reduction planning. Target values have been chosen based on noise limits outlined in the 16th decree of the law on traffic noise from 1990:

The 16th decree is based on BImSchG, and these limits apply only to newly constructed or modified roads.

For industrial noise these values are:

However, for purely residential areas with no commercial developments, the following levels are also applicable for industrial plants:

According to the aircraft noise law, a limit of 62 dB(A) is applied for all regions and for shipping traffic this limit is 50 dB(A) during day-time and 40 dB(A) at night. Furthermore, in areas of aircraft noise exceeding 75 dB(A), new development of residential property is prohibited, whereas existing dwelling are eligible for insulation measures. Development may be permitted in areas above 67 dB(A), but there is an obligation to install adequate sound proofing (ie to windows) or to provide funds to householders to carry out the work themselves.

In mixed residential areas (with industry):

Noise Insulation or Compensation Provisions

See above.

The Level at which Legislation is Implemented - Nationally, State, Regionally or at All Levels

The Federal Government provides the framework for all legislation in Germany. General legislation on noise is decided at a Federal level, ie noise protection law, and these laws are then implemented by individual Federal States and municipalities.

See also above.

B5 Netherlands

Laws and Technical Memoranda Relating to Environmental Noise

There are three main laws regulating noise in the Netherlands:

The Noise Abatement Act was adopted in 1979, and came into force in various stages. By the end of 1987, all sections of this Act had become mandatory. This Act aimed to eliminate new noise problems through 'preventative actions', and to recognise solutions for existing problems through 'black spot corrective actions'. The Act covers all sources of environmental noise.

In particular, the following relevant sections of the Act became mandatory on the dates indicated:

Legislation on road traffic noise became mandatory in 1982, and the Railways Decree of 1987 underwent minor changes in 1989 with more substantial changes taking place in 1993.

Whereas the Noise Abatement Act regulates all sources of noise, the EPA is particularly relevant to smaller enterprises.

Noise Standards for New Developments and Emission Limits for Different Sources of Noise that Create Zones

As part of the progressive introduction of the Noise Abatement Act, zoning has become a mandatory requirement for air, road and rail traffic, as well as for industry:

However, under the Aviation Act of 1978, the first zoning came into force in 1992, with the latest zoning taking place at Amsterdam airport in 1996.

The overall legal external and internal noise standards in the Netherlands are as follows:

Internal noise levels for dwellings must not exceed 35 dB(A) for both roads and industry.

Noise Insulation or Compensation Provisions

There are various noise insulation provisions in the Netherlands. For example, there is a large scale improvement scheme to improve noise barriers and insulation of 8,000 dwellings close to major roads, and 2,000 dwellings near railways. Provisions for insulation against railway noise are made available under the Infrastructure Act, as well as the EPA. Insulation provisions for dwellings close to roads are made according to the requirements of the Noise Abatement Act of 1979. For example, insulation of dwellings became a mandatory requirement following the introduction of this section of the Act in 1983.

The Level at which Legislation is Implemented - Nationally, State, Regionally or at All Levels

The Dutch Government (Ministry of Environment and the Ministry of Transport and Public Works) has the main responsibility for regulating and enforcing the Noise Abatement Act of 1979. Regions and towns also have the responsibility for carrying out a census of all dwellings exposed to noise as part of urban zoning, and also the preparation of action plans to enable the Act to be applied.

In 1996, the Dutch Parliament blocked a proposal from the Environment Minister to decentralise the country's noise pollution policy. A change from binding values to guidelines, and to allow communities to set their own noise levels was proposed.

The Government is currently investigating the consequences of decentralising noise policy, and the instruments required to achieve this. Although the proposed decentralisation would create more flexibility in regulating noise, it would be necessary to ensure that national goals were still met. Legislation to achieve this could take up to 5 years. However, by the end of 1998 the Ministry of Environment plans to submit a draft proposal to Parliament.

B6 Spain

Laws and Technical Memoranda Relating to Environmental Noise

There were no national legislation specifically on noise exposure or recommendations for noise limits prior to 1993. However, since 1985 some regions have adopted regulations on noise, including road traffic and industrial noise(2).

Furthermore, since 1983, several towns have introduced local ordinances concerning external and internal noise levels from industry but not from road traffic. These ordinances recommend the adoption of zoning within towns. However, many municipalities have not adopted the concept of noise control. As a result of regional texts and other inadequacies, the Ministry for Public Works, Transportation and the Environment (MOPTA) initiated a study in 1993 to propose national legislation - defining, amongst other things, sources of noise, receiving environments, and appropriate limits applicable to the whole of Spain.

Spanish project law of 1988 does, however, require an EIA for new roads. Noise is considered as part of this process, but only succinctly. For national roads, there are attempts to apply relatively low thresholds during EIAs for new roads. Recommended noise levels in residential areas are 55 dB(A) and 45 dB(A) for day and night-time respectively. These levels imply the use of noise barriers or modifications to roads to achieve such levels.

Up until 1993, there was also no official specific methodology for the calculation of road traffic noise levels, no technical regulations concerning the engineering design and construction of corrective measures, and no legislation allowing the inclusion of noise considerations in town planning.

In January 1997, the Environment Ministry began work on a new air-quality law and it has been reported that a draft noise pollution law is planned in the near future.

Noise Standards for New Developments and Emission Limits for Different Sources of Noise that Create Zones

See above

Noise Insulation or Compensation Provisions

See above.

The Level at which Legislation is Implemented - Nationally, State, Regionally or at All Levels

At the present time there is no national legislation on noise exposure in Spain. However, several regions and towns have adopted local regulations and ordinances on noise since the mid-1980s.

1 It is understood that Federal roads are those for which the Federal Government has responsibility, similar to the UK's trink roads.
2 For example, in the Asturias region where Chapter1, Article 1.2 of the Decreto 99. 1985, de 17 Octoubre, por el que se Aprueban las Normas Sobre Condiciones Technicas de los Proyectos de Aislamiento Acustio y de Vibraciones sets noise limits for the daytime and night time periods in the vicinty of buildings.

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Published 1 June 1999
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