Skip to main content Skip to page footer

Evidence based legislation? Adequate protection of EU citizens against aircraft noise – Discussion of current scientific knowledge on aircraft noise with respect to EU legislation concerning noise protection

Franziska Heß and Martin Führ

elni Review 2016, Issue 1, pp. 26-32. https://doi.org/10.46850/elni.2016.004

This article focuses on air noise protection in European law. The consideration of legal implications is based on a meta study (synopsis) of scientific research on aircraft noise-induced health impairments, annoyance and learning disorders. The synopsis concludes that the association of noise with an increased incidence of chronic arterial hypertension has been shown in large-scale epidemiological studies and reproduced with sophisticated methodology. It is therefore considered scientifically confirmed. In addition to hypertension, the relationship between aircraft noise and the risk of myocardial infarctions as well as strokes has been discussed. Based on recent epidemiological studies the relationship can also be considered scientifically confirmed. However, with regard to heart failure an association is very likely, but not enough studies are available to allow a definite statement. 
By reviewing the current studies, the authors held that legally standardized immission limit values for aircraft noise exposure must be provided in order to protect residents in the vicinity of airports. From the available studies an upper limit of 50 dB(A) for Lden as a 24 h value and 45 dB(A) for Lnight are to be derived to avoid annoyance, cognitive constrictions and health impairments. To avoid sleeping disorder at night, an 8 hour period without noise is required.

Access full article

References

  1. Health Impairments, Annoyance and Learning Disorders Caused by Aircraft Noise - Synopsis of the State of Current Noise Research by Martin Kaltenbach, Christian Maschke, Franziska Heß, Hildegard Niemann, Martin Führ, International Journal of Environmental Protection, Jan. 2016, Vol. 6 Iss. 1, pp. 15-46.
  2. C. Clark, J. Head and S. A. Stansfeld, “Longitudinal effects of aircraft noise exposure on children’s health and cognition: A six-year follow-up of the UK RANCH cohort”, Journal of Environmental Psychology, vol. 35, pp. 1-9, 2013. DOI: https://doi.org/10.1016/j.jenvp.2013.03.002.
  3. Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise - Declaration by the Commission in the Conciliation Committee on the Directive relating to the assessment and management of environmental noise, OJ 2002 L 189/12.
  4. Court of Justice of the European Union, 1999, Judgment of the Court (First Chamber) of 9 September 1999. Arnaldo Lucaccioni v Commission of the European Communities. Appeal - Action for damages (Case C-257/98 P).
  5. Court of Justice of the European Union, 1996, Judgment of the Court (Sixth Chamber) of 24 October 1996. Commission of the European Communities v Royale belge SA. Officials - Insurance against accidents and occupational diseases (Case C-76/95).
  6. ECHR, Judgement of Oct. 2, 2001, Hatton et al. vs. UK, No. 36022/97); in ÖJZ 2003, 72restrictive ECHR (Grand Chamber), Judgement of July 8, 2003, Hatton et al. vs. UK, No. 36022/97); in NVwZ 2004, 1465.
  7. Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development - A European Community programme of policy and action in relation to the environment and sustainable development, OJ 1993 C 138/1.
  8. Commission of the European Communities, 1996, Future Noise Policy. European Commission Green Paper, COM(1996) 540 final.
  9. Resolution on the relations between the European Parliament and national parliaments, OJ 1997 C 200/153.
  10. Decision no. 1600/2002/EC of the European Parliament and the Council of July 22, 2002 regarding the 6th Environmental Action Programme, OJ 2002 L 242/1.
  11. Directive 96/61/EC of the Council of September 24, 1996 concerning Integrated Pollution Prevention and Control, OJ 1996 L 257/26, now Directive 2010/75/EU of the European Parliament and the Council of November 24, 2010 regarding industrial emissions, OJ 2010 L 343/17.
  12. Hansmann in Landmann/Rohmer, Umweltrecht [environmental law], vol. III, 2015, Federal Immissions Protection Law (BImSchG), § 47d para. 4
  13. Jarass, BImSchG, 2015, § 47d para. 4.
  14. Cancik P. (2008): Die Pflicht zur Aufstellung von Aktionsplänen zur Lärmminderung und ihre Kopplung an, NVwZ 2008: pp. 167-170.
  15. Commission of the European Communities, 2004, Report from the Commission to the European Parliament and the Council concerning existing Community measures relating to sources of environmental noise, pursuant to article 10.1 of Directive 2002/49/EC relating to the assessment and management of environmental noise, COM(2004) 160 final.
  16. Stylianos Kephalopoulos, Marco Paviotti, Fabienne Anfosso-Lédée, 2012, Common Noise Assessment Methods in Europe (CNOSSOS-EU) To be used by the EU Member States for strategic noise mapping following adoption as specified in the Environmental Noise Directive 2002/49/EC, Report EUR 25379 EN. DOI: https://doi.org/10.1016/j.scitotenv.2014.02.031.
  17. European Commission, 2001, Report from the Commission to the European Parliament and the Council on the implementation of the Environmental Noise Directive in accordance with Article 11 of Directive 2002/49/EC, COM(2011) 321 final.
  18. World Health Organisation, Night Noise Guidelines for Europe, WHO Regional Office for Europe, Copenhagen, 2009.
  19. Decision no. 1386/2013/EU of the European Parliament and the Council of November 20, 2013 on a General Union Environmental Action Programme to 2020 ‘Living well within the limits of our planet’, OJ 2013 L 354/171.
  20. S. A. Janssen and H. Vos, “A comparison of recent surveys to aircraft noise exposure-response relationships”, Netherlands Organisation for Applied Scientific Research (TNO), Report TNO-034-DTM-2009-01799, 2009.
  21. Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, OJ 2008 L 152/1.
  22. Sachverständigenrat für Umweltfragen, Fluglärm reduzieren: Reformbedarf bei der Planung von Flughäfen und Flugrouten, 2014. DOI: https://doi.org/10.1515/dvbl-2015-0612.