Consultation Outcome: Final Report
Public Consultation on the Assessment and Management of Environment Noise (Amendment) Regulations, 2022 - Final Report.pdf
Original Consultation
1. 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.
2. Consultation Questions
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).
3. Documents