Law 37/2003, of 17 November, of the Noise, aims to regulate noise pollution in order to prevent and, if necessary, reduce, the damage that can lead to human health, property or the environment. Noise pollution means the presence in the environment of noises or vibrations, which involve discomfort or damage to persons, to the development of their activities or to goods of any nature or causing effects significant in the environment.

The basic provisions of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 on the assessment and management of environmental noise are incorporated into the law, which are now being developed and completes the incorporation of the Community environmental noise standard, the implementation and linking of which have also been carried out by the competent authorities in the course of the deadline for their full transposition into national law through its direct effect.

This royal decree aims to evaluate and manage environmental noise, in order to prevent, reduce or avoid harmful effects, including nuisance, resulting from exposure to environmental noise, according to the the scope of the Community directive to be incorporated. This is why the concepts of environmental noise and their effects and discomfort on the population are developed, together with a series of measures that enable the objective to be achieved, such as the strategic noise maps, the action plans and the information to the population.

Consequently, it implies a partial development of the Law of Noise, since it covers the noise pollution produced not only by environmental noise, but also by vibrations and their health implications, This directive, which has been adopted by the European Parliament and the Council of the European Parliament, has been adopted by the Committee on the Environment, the Environment and the Environment, and the Committee on the Environment, Health and Health cited.

For the performance of their object, certain actions are regulated, such as the elaboration of strategic noise maps to determine the exposure of the population to environmental noise, the adoption of action plans for preventing and reducing environmental noise, and in particular where exposure levels may have harmful effects on human health, as well as making environmental noise information and its effects available to the public; have the competent authorities in relation to the acoustic mapping and action plans derivatives, in compliance with the same.

For the purposes of determining the competent authorities in each case, the competent authorities shall be subject to the powers provided for in Article 4 of the Law of Noise.

Sets the strategic noise maps, in attention to the legal enablement of article 15.3 of the Law of Noise. They serve the overall assessment of noise exposure, in a given area, or to make global predictions. The minimum requirements to be met by the strategic noise maps are set out in Annex IV. This rule also determines the criteria for the territorial delimitation of agglomerations as set out in Annex VII. Develops the legal forecasts for noise indices to be considered in the preparation and revision of the strategic noise maps and detailed in Annex I, as well as the assessment methods for the determination of noise. indices and their harmful effects on the population as set out in Annexes II and III respectively.

In relation to the action plans for environmental noise pollution, their minimum requirements are set out in Annex V.

In order to comply with the obligations laid down in the Law on Noise and in this Standard, the provision of information to the European Commission and international bodies, as well as for the proper management of the Information that is appropriate to the development of strategic noise maps and action plans of the state competition infrastructures, a basic system of information of the noise pollution that lies in the Ministry of the Environment is created Environment. To this end, it constitutes a center for the reception, analysis and processing of data, which does not imply the creation of a new administrative body, nor any increase in expenditure, and which will be managed by the human and material resources of the Directorate General Quality and Environmental Assessment. For this purpose, the information provided by the competent authorities in this field to the Department and the dates of referral of the information referred to in this Annex is set out in Annex VI.

In the elaboration of this royal decree, the economic and social stakeholders, the autonomous communities and the Advisory Council for the Environment have been consulted and the mandatory opinion of the National Commission has been issued. Local Administration.

In its virtue, on the proposal of the Ministries of the Environment and of Health and Consumer, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day 16 December 2005,

DISPONGO:

Article 1. Object.

This royal decree aims to develop Law 37/2003, of 17 November, of the Noise, regarding the evaluation and management of environmental noise, establishing a basic framework aimed at avoiding, preventing or reducing Priority should be given to the harmful effects, including nuisance, of exposure to environmental noise and to complete the incorporation into our legal system of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 on assessment and management of environmental noise.

Article 2. Scope.

1. It shall apply to environmental noise to which humans are exposed, in particular in urbanised areas, in public parks or other quiet areas of an agglomeration, in quiet areas in open fields, in the vicinity of centres schools, in the vicinity of hospitals, and in other buildings and places vulnerable to noise.

2. It shall not apply to noise produced by the person exposed himself, by domestic activities, by neighbours, in the place of work or within the means of transport, and also by noise due to military activities in military zones, which shall be governed by their specific legislation.

Article 3. Definitions.

For the purposes of this Royal Decree:

(a) Aglomeration: the portion of a territory, with more than 100,000 inhabitants, delimited by the competent administration applying the basic criteria of Annex VII, which is considered to be urbanized by that administration.

b) Harmful effects: the negative effects on human health.

c) Noise index: a physical magnitude to describe environmental noise, which has a relationship to a harmful effect.

d) L_den (Day-late-night noise index): the noise index associated with the global nuisance, as described in Annex I.

e) L_d (Noise Index Day): The noise index associated with the nuisance during the day period, described in Annex I. Equivalent to the L_day (Daylight Noise Indicator).

f) L_e (Late noise index): the noise index associated with the nuisance during the late period, which is described in Annex I. Equivalent to the L_evening (Evening Period Noise Indicator).

g) L_n (Night noise index): the noise index corresponding to the sleep disturbance, described in Annex I. Equivalent to the L_night (Night period noise indicator).

(h) Noise map: the presentation of data on an existing or predicted noise situation based on a noise index, indicating the exceeding of any relevant limit value in force, the number of persons affected in a specific area or the number of dwellings exposed to certain values of a noise index in a specific area.

i) Strategic noise map: a noise map designed to be able to assess noise exposure globally in a given area, due to the existence of different noise sources, or to be able to make global predictions for that zone.

j) Molestia: the degree of disturbance that causes noise to the population, determined by field surveys.

k) Sound planning: control of future noise through planned measures such as spatial planning, engineering of traffic management systems, traffic management, noise reduction with measures sound insulation and the fight against noise at source.

l) Population: any natural or legal person, as well as their associations or organizations formed in accordance with the rules applicable to them.

m) dose-effect relationship: the relationship between the value of a noise index and a harmful effect.

n) Environmental noise: the unwanted or harmful external sound generated by human activities, including noise emitted by means of transport, by road, rail and air traffic and by activity sites Industrial products such as those described in Annex I of Law 16/2002 of 1 July on integrated pollution prevention and control.

n) Limit value: a value of L_den or L_n, or in its case L_d and L_e, which must not be exceeded and which, if exceeded, requires the competent authorities to provide or apply measures to avoid such an overshoot. The limit values may vary according to the source of noise (noise from road, rail or air traffic, industrial noise, etc.), the environment or the different noise vulnerability of the population groups; they may be different from an existing situation to a new situation (when changing the noise source or the use given to the environment).

o) Quiet area in an agglomeration: a space, delimited by the competent authority, which is not exposed to a value of L_den, or other appropriate noise index, with respect to any source of noise, above a certain value to be set by the Government.

Article 4. Information to the public.

1. Upon the entry into force of this royal decree, the competent authorities, in accordance with the provisions of Article 4 of Law No 37/2003 of 17 November, in compliance with the deadline laid down in Article 4.2 of Directive 2002/49/EC, of the Parliament and the Council will have made available to the public information to identify the authorities responsible for:

(a) the development and approval of strategic noise maps and action plans for urban agglomerations, major road axes, major rail axes and major airports;

b) the collection of strategic noise maps and action plans.

2. The competent authorities shall ensure that the strategic noise maps they have carried out and approved, and the action plans they have drawn up, are made available and disseminated to the public in accordance with the legislation in force. on the right of access to information in the field of the environment and in accordance with Annexes IV and V to this Royal Decree. To do this, the most appropriate information technologies will be used.

3. This information shall be clear, intelligible and easily accessible and shall include a summary in which the main content is collected.

Article 5. Noise indices and their application.

1. The noise indices L_den and L_n, as mentioned in Annex I, shall apply in the preparation and revision of the strategic noise maps in accordance with Articles 8 and 9.

2. Until common assessment methods are used for the determination of the L_den and L_nindices, the existing noise indices and other related data may be used for these purposes. transform, technically justifying the basis of the transformation, in the indices mentioned above. For these purposes only data corresponding to the immediate three years prior to the date of the determination of these noise indices shall be used.

3. For the assessment of environmental noise in special cases such as those listed in point 2 of Annex I, additional indices may be used.

4. For noise planning and noise zone determination, indexes other than L_den and L_nmay be used.

Article 6. Methods of assessment of environmental noise indices.

1. The L_den and L_n values will be determined by the assessment methods described in Annex II.

2. Until uniform methods are adopted within the framework of the European Union, methods of evaluation other than those above, adapted in accordance with Annex II, may be used. In this case, it shall be demonstrated that those methods give results equivalent to those obtained with the methods referred to in point 2 of Annex II.

Article 7. Methods of assessment of harmful effects.

Harmful effects may be assessed according to the dose-effect relationships referred to in Annex III.

Article 8. Identification and development of strategic noise maps.

1. The competent authorities for the approval of noise maps shall have identified, at the entry into force of this royal decree, in compliance with the time limit laid down in Article 7 of Directive 2002/49/EC of the European Parliament and of the Council Council, the relationship of the major road routes whose traffic exceeds six million vehicles per year, the major railway lines whose traffic exceeds 60,000 trains per year, the major airports, and the agglomerations of more than 250,000 inhabitants, and their territorial delimitation, present in their territory. They shall also comply with this obligation by 30 June 2010 and every five years from that date.

In addition, before 31 October 2008, all major roads and major railway lines, as well as all agglomerations, and their territorial delimitation, will be identified. 2. The competent authorities shall, in accordance with the minimum requirements laid down in Annex IV, draw up and approve strategic noise maps in accordance with the terms of Article 14.1 of Law No 37/2003 of 17 November. corresponding to each of the major road routes, the major railway lines, the major airports and the agglomerations, in accordance with the following timetable:

(a) Before 30 June 2007, strategic noise maps on the situation of the previous calendar year, corresponding to all agglomerations with more than 250,000, shall be drawn up and approved by the competent authorities. inhabitants and all major road routes whose traffic exceeds six million vehicles per year, major railway lines whose traffic exceeds 60,000 trains per year, and large airports in their territory.

(b) Before 30 June 2012, and then every five years, strategic noise maps on the situation of the previous calendar year, corresponding to all the relevant data, must be drawn up and approved by the competent authorities. Urban agglomerations and all major road routes and major railway lines existing in their territory.

Article 9. Delimitation of the territorial scope of strategic noise maps.

According to Article 15.2 of Law 37/2003 of 17 November, the following criteria shall apply for the delimitation of the territorial scope of strategic noise maps:

a) Strategic noise maps of agglomerations;

1. The territorial scope of the strategic noise map of an agglomeration comprises the sector of territory that delimits the agglomeration, by application of the criteria set out in Annex VII.

2. In the elaboration of these strategic noise maps, by the competent administration, the noise emitters outside the territorial scope of the agglomeration will be taken into account that have a significant impact on the environmental noise of the same.

(b) Large roads, major railway axles and major airports;

The territorial scope of the strategic noise maps should be extended to at least the points of the territory in the environment of the major road areas, major railway lines and major airports, where they are reached, due to the emission of own noise levels, L_den values of 55 dB, and L_n values of 50 dB (A).

Article 10. Action plans.

1. Before 18 July 2008, the competent authorities shall, in accordance with the minimum requirements laid down in Annex V, be drawn up for action plans to address the noise and noise issues in their territory. effects, and where appropriate, their reduction, for:

(a) the locations close to major road routes, whose traffic exceeds six million vehicles per year, to major railway lines whose traffic exceeds 60,000 trains per year, and to major airports.

b) agglomerations with more than 250,000 inhabitants, whose plans will also have the aim of protecting quiet areas against the increase in noise.

The competent authorities shall lay down in the action plans, the specific measures they consider appropriate, which shall determine the priority actions to be taken in the event of exceeding the limit values, or those other criteria chosen by those administrations. These measures should in any case apply to the relevant areas established by the strategic noise maps.

2. In addition, before 18 July 2013, the competent authorities shall have, in accordance with the minimum requirements laid down in Annex V, the action plans relating to agglomerations, to the main roads, and to the major railway lines situated in its territory, and shall determine the priority actions to be taken in the event of exceeding the limit values, or of those other criteria chosen by those administrations.

Article 11. Collaboration in the development of strategic noise maps and action plans.

1. When drawing up the strategic noise maps for agglomerations, major road, rail and airport routes, different public administrations will be involved, for the same space, for the authorities, to have different acoustic emitters (a) responsible for the development of the respective maps, in order to ensure their homogeneity and consistency.

2. Similarly, in cases of competition as described in paragraph 1, for reasons of efficiency and efficiency in public performance, the concurrent public administrations will collaborate in the preparation of their corresponding action plans to avoid unnecessary duplication. They shall also promote the conclusion of voluntary cooperation agreements and agreements for the development of these plans, where the circumstances so advise, in accordance with the provisions of Article 4 of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.

Article 12. Boundary noise strategic maps.

1. In the case of strategic noise maps affecting border areas with another Member State, the competent public administration shall forward the draft strategic map to the Ministry of the Environment for submission to the Ministry of Foreign Affairs and Cooperation. This department shall inform the Member State concerned in order to give its opinion on the matter. The competent public administration shall take into account the comments made by the Member State consulted in the preparation of the strategic map.

When a Member State of the European Union communicates the development of noise maps which may affect areas located on Spanish territory, the Ministry of Foreign Affairs and Cooperation will bring it to the attention of the Ministry of the Environment and the competent public administration concerned, which may issue a report. The Ministry of Foreign Affairs and Cooperation shall transfer the Ministry of Foreign Affairs and Cooperation to that State.

2. In the case of a community of strategic noise maps affecting an area bordering on another autonomous community, the public administration responsible for its preparation will request a report from the community. affected.

Article 13. Monitoring.

In order to ensure that the results obtained in the environmental noise assessment processes are homogeneous and comparable, the competent authorities will ensure the implementation of control systems that ensure the correct application of the assessment methods and procedures set out in this royal decree.

Article 14. Information to the European Commission.

1. In accordance with the eighth provision of Law 37/2003 of 17 November, in order to ensure that the General Administration of the State complies with the obligations of information to the European Commission imposed on the Kingdom of Spain by the Directive 2002 /49/EC, of the European Parliament and of the Council, the competent public administrations, must communicate to the Ministry of the Environment:

Before 30 June 2010 and every five years from that date, the ratio of the major road lines whose traffic exceeds six million vehicles per year, the major railway lines whose traffic exceeds 60,000 trains the year, the major airports, and the agglomerations of more than 250,000 inhabitants, and their territorial delimitation, present in their territory.

Before 31 October 2008, the relationship of all major road and rail axes, as well as all agglomerations, and their territorial delimitation, existing in their territory.

Before three months after the dates referred to in Articles 8 and 10 respectively, the information resulting from the strategic noise maps and the summaries of the action plans referred to in Annex VI.

2. The Ministry of the Environment will collaborate with the autonomous communities so that the information referred to in this article is collected and has a homogeneous treatment, in order to facilitate the correct and agile compliance of the obligation of information to the European Commission.

Single additional disposition. Creation of a basic system of information on noise pollution.

1. Pursuant to Article 5.2 of Law 37/2003 of 17 November, a basic system of information on noise pollution, which is dependent on the Ministry of the Environment, is created in the General Administration of the State.

2. This basic system is the necessary database for the organisation of information on noise pollution, and in particular the reference to strategic noise maps and action plans, in order to be able to manage noise and noise pollution. appropriate form to comply with the obligations of the Ministry of the Environment, in particular the commitments for periodic referral of environmental noise assessment information to the European Commission and other bodies

3. The basic system of information on noise pollution will be made up of a Centre for the reception, analysis and processing of data, based on the Environment Ministry's Directorate-General for Quality and Environmental Assessment.

4. The Center for Receive Analysis, and Data Processing will correspond:

a) Notify the competent authorities, with the periodicity established in this royal decree, the sending of communications referred to in article 14.1 of this royal decree.

b) Establish homogeneous formats and organise information for communication to the European Commission, in accordance with the criteria set out by the European Commission.

c) Collect, information about the competent authorities in the development of strategic noise maps and action plans.

d) Collect information about strategic noise maps and action plans.

e) Elaboration and management of a telematic system of information to the public on noise pollution.

f) Elaboration and publication of studies on noise pollution, and guides to good practice for the assessment and management of noise pollution.

Final disposition first. Competence title.

The present royal decree is of a nature of basic legislation under the amparo of article 149.1.16. and 23. of the Constitution, which attributes to the State exclusive competence in the field of bases and general coordination of health and basic legislation on environmental protection.

Final disposition second. Enabling regulatory development.

1. The Ministers for Health and Consumer Affairs and the Environment are empowered to jointly or separately dictate, in the areas concerned, and in the field of their respective powers, how many provisions are necessary for development and application of this royal decree.

2. The Ministers for Health and Consumer Affairs and the Environment are empowered to, in the terms of the previous paragraph, introduce into the annexes of this royal decree, as many amendments as are necessary to adapt them to the provisions of the regulations. community.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 16 December 2005.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX I

Noise Indices

1. Definition of noise indices

a) Defining the noise index day-late-night, L_den.

The noise index day-late-night, L_den, is expressed in decibels (dB), and is determined by the following expression:

Where:

L_d is the long-term average sound level weighted A defined in ISO 1996-2: 1987, determined throughout all periods of one year.

L_e is the weighted long-term average sound level A defined in ISO 1996-2: 1987, determined throughout all periods of one year.

L_n is the long-term average sound level weighted A defined in ISO 1996-2: 1987, determined throughout all periods of one year.

Where:

It is 12 hours a day, 4 hours and 8 hours a night. The competent administration may choose to reduce the period late in one or two hours and extend the periods day and/or night accordingly, provided that such decision applies to all sources, and to facilitate the Ministry of the Environment information on the systematic difference with respect to the default option. In the case of modification of the time periods, this modification must be reflected in the expression that determines the L_den.

The start and end time values for the different periods are 7.00-19.00, 19.00-23.00, and 23.00-7.00 local time. The competent administration may change the time of the start of the day and therefore start the evening and evening. The modification decision shall apply to all noise sources.

A year corresponds to the year considered for the sound emission and a year for the average for weather conditions.

And where:

The sound that is taken into account is the incident sound, that is, the sound reflected in the facade of a particular dwelling is not considered.

b) Night period noise index definition, L_n.

The nighttime noise index L_n is the weighted long-term average sound level A defined in the ISO 1996-2: 1987 standard, determined throughout all night periods of one year.

Where:

The night lasts 8 hours, as defined in paragraph 1.

A year corresponds to the year considered for the sound emission and to a year average with regard to the weather conditions, as defined in paragraph 1.

The sound that is taken into account is the incident sound, as described in paragraph 1.

2. Supplemental noise indices

In some cases, in addition to L_den and L_n, and when L_d and L_eproceed, you might want to use special noise indexes with the corresponding limit values. Here are some examples:

The considered noise source is only active for a small fraction of time (for example, less than 20% of the time during all daytime, evening, or night time periods of one year).

The number of cases in which noise is emitted is, in one or more of the periods considered, on average very low (for example, less than one case per hour, on a case-by-case basis, a noise lasting less than five minutes, for example, the noise from passing a train or aircraft).

L_Amax or SEL (sound exposure level) for protection during the night period in the event of sudden increases in noise.

Additional protection over the weekend or in a particular period of the year.

There is additional protection during the daytime period. There is additional protection during the evening period.

A combination of noises from different sources is given.

These are quiet areas in the open field.

Noise contains emerging tone components.

The low frequency content of the noise is large.

Noise is impulsive.

3. Height of the noise index assessment point

The height of the noise index assessment point depends on your application:

a) Making strategic noise maps:

When calculations are made for the development of strategic noise maps in relation to noise exposure inside and in the vicinity of buildings, the assessment points shall be 4,0 m ± 0,2 m (3,8 m-4,2 (m) height above the ground level on the most exposed facade; to this end, the most exposed facade shall be the nearest outer wall facing the sound source; in other cases, other options may be decided.

When measurements are made for the development of strategic noise maps in relation to noise exposure inside and in the vicinity of buildings, other heights may be chosen, but these must not be less than 1,5 m above the ground level, and the results shall be corrected in accordance with an equivalent height of 4 m. In such cases the correction criteria applied shall be technically justified.

b) Other applications:

In other applications, such as noise planning and the determination of noisy areas, other heights may be chosen, although they should never be less than 1.5 m above ground level; some examples:

a) Rural areas with a plant's homes.

b) Preparing local measures to reduce the sound impact on specific housing.

c) A detailed noise map of a limited area, which illustrates the noise exposure of each dwelling.

ANNEX II

Evaluation methods for noise indices

1. Introduction

L_den and L_nvalues can be determined either by calculation or by measurement (at the point of assessment). Predictions can only be obtained by calculations.

In points 2 and 3 of this annex, the calculation and measurement methods of L_den and L_nare described.

2. Methods of calculating the L_den and L_n.

The recommended calculation methods for the evaluation of the L_den and L_nnoise indices are as follows:

Industrial noise: ISO 9613-2: "Acutica-Atenuation of sound when propagated in the external environment, Part 2: General method of calculation".

For the application of the method set out in this standard, adequate data on noise emission (input data) can be obtained by measurements made according to some of the methods described in the following rules:

ISO 8297: 1994 "Acumen-Determination of the sound power levels of multi-source industrial plants for the assessment of sound pressure levels in the environment-Engineering method",

EN ISO 3744: 1995 " Acoustics-Determination of sound power levels of noise sources using sound pressure. Engineering method for free field conditions on a reflective plane ",

EN ISO 3746: 1995 " Acoustics-Determination of sound power levels of noise sources from sound pressure. Method of control on a surface of a surround measure on a reflective plane. "

Aircraft Noise: ECAC.CEAC Doc. 29 "Report on the standard method of calculation of noise levels in the civil airport environment", 1997. Among the different methods of modelling of flight paths, the segmentation technique mentioned in section 7.5 of ECAC.CEAC document 29 shall be used.

Noise of road traffic: the French national method of calculation "NMPB-Routes-96 (SETRA-CERTULCPC-CSTB)", mentioned in the "Resolution of 5 May 1995 on noise from road infrastructure", Official Journal of 10 May 1995 1995, Article 6 "and in the French standard" XPS 31-133 ". As far as the input data on the issue is concerned, these documents are referred to the "Land transport noise guide, forecast of sound levels, CETUR 1980".

Train noise: The Netherlands 'national method of calculation, published as "Reken-en Meetvoorschrift Railverkeerslawaai' 96" (" Guidelines for the calculation and measurement of rail transport noise 1996 "), by the Ministry of Housing, Territorial Planning, November 20, 1996.

For the adaptation of these methods to the L_den and L_ndefinitions, the Commission recommendation of 6 August 2003 on guidance on calculation methods will be taken into account. Revised provisional measures for industrial noise, aircraft from aircraft, road and rail traffic, and related emissions data.

3. Methods of measurement of the L_den and L_n.

1. If a competent administration wishes to use its own measurement method, it shall be adapted to the definitions of the indices in Annex I and comply with the principles applicable to long-term average measurements, as set out in the ISO standards. 1996-2: 1987 and ISO 1996-1: 1982.

2. If a competent administration does not have any measurement method in force or prefers to apply another, it is possible to determine a new method based on the definition of the index and the principles presented in the ISO 1996-2: 1987 and ISO standards. 1996-1: 1982.

3. Data obtained from a facade or other reflecting element shall be corrected to exclude the reflecting effect of the facade or other reflecting element.

ANNEX III

Methods of evaluating harmful effects

The dose-effect relationships will be used to assess the effect of noise on the population. The dose-effect relations to be established for the adaptation of this Annex to Community legislation shall in particular refer to the following:

The relationship between the discomfort and the L_den s values with regard to the noise of road, rail, air traffic and industrial sources.

The relationship between sleep disturbances and L_n values with regard to noise from road, rail, air traffic and industrial sources.

If necessary, specific dose-effect relationships may be presented for:

Housing with special noise insulation, as defined in Annex VI.

Housing with a quiet facade, as defined in Annex VI.

Different climates or cultures.

Vulnerable population groups.

Tonal industrial noise.

impulsive industrial noise and other special cases.

ANNEX IV

Minimum requirements for strategic noise mapping.

1. A strategic noise map is the representation of data relating to any of the following:

Existing, previous, or predicted acoustic situation expressed as a function of a noise index.

Exceeding a limit value.

Estimated number of homes, schools, and hospitals in a given area that are exposed to specific values of a noise index.

Estimated number of people in an area exposed to noise.

2. Strategic noise maps can be presented to the public in the form of:

Graphics.

Numeric data in frames.

Numeric data in electronic format.

3. Strategic noise maps for agglomerations shall place particular emphasis on noise from:

The rolled traffic.

Rail traffic.

Airports.

Industrial activity sites, including ports.

4. Strategic noise mapping will serve as:

Base for data to be sent to the Ministry of the Environment in accordance with Article 14 and Annex VI.

Source of information intended for the public pursuant to Article 4 (2) and (3

.

The basis of the action plans in accordance with Article 10.

Each of these functions corresponds to a different type of strategic noise map.

5. The minimum requirements for strategic noise maps in relation to the data to be sent to the Ministry of the Environment are set out in points 1.1, 1.2, 1.4, 1.5, 1.6, 2.1, 2.2, 2.4, 2.5, 2.6 and 2.7 of Annex VI. With regard to information to the population in accordance with Article 4 and to the drawing up of action plans under Article 10, additional and more detailed information should be provided, for example:

A graphical representation.

Maps that indicate the overlays of a limit value.

Differences maps that compare the current situation with possible future situations.

Maps that present the value of a noise index at a different assessment height of 4 m, if necessary.

7. Strategic maps of local or national application noise corresponding to an assessment height of 4 m above ground level and ranges of L_den and L_n values of 5 dB as set out in Annex VI shall be drawn up.

8. With regard to urban agglomerations, special strategic maps will be drawn up on the noise of road traffic, rail traffic, air traffic and industry. Maps may also be drawn up on the issuing sources provided for in Article 12 (2) of the Law on Noise.

9. For the implementation of noise maps, account shall be taken of the guidance on the preparation of noise maps contained in the good practice document published by the Commission.

10. Digital mapping compatible with a Geographic Information System (GIS) will be used in the development of strategic noise maps. All drawings, maps, data and results of the exposed population shall be suitably georeferenced, and present a valid format for their treatment in the basic system of information on noise pollution referred to above. the additional provision of this royal decree.

ANNEX V

Minimum requirements for action plans

1. The action plans shall include at least the following elements:

Description of the agglomeration, major road axes, major railway axles or major airports and other noise sources considered.

Responsible Authority.

Legal context.

Limit values established in accordance with Article 5.4 of Directive 2002 /49/EC.

Summary of the results of noise mapping work.

Assessment of the estimated number of people exposed to noise, problem determination, and the situations they need to improve.

Relationship of the allegations or observations received in the processing of public information in accordance with Article 22 of the Law of Noise.

Measures already applied to reduce noise and projects in preparation.

Actions planned by the competent authorities for the next five years, including measures to protect quiet areas.

Long-term strategy.

Economic information (if available): budgets, cost-effectiveness assessments, or cost-benefits.

Provisions planned to evaluate the application and the results of the action plan.

2. Some measures that the authorities can provide within their powers are, for example, the following:

Regulation of traffic.

Spatial planning.

Application of technical measures on the issuing sources.

Selecting more silent fonts.

Reducing sound transmission.

Regulatory or economic measures or incentives.

3. The action plans will collect estimates in terms of reducing the number of people affected (who suffer from discomfort or sleep disturbances.

ANNEX VI

Information to be communicated to the Ministry of Environment

The information to be communicated to the Ministry of Environment is as follows:

1. On agglomerations.

1.1 Brief description of agglomeration: location, dimensions, number of inhabitants.

1.2 Responsible Authority.

1.3 Noise-fighting programs executed in the past and current measures.

1.4 Measurement or calculation methods used.

1.5 Estimated number of people, expressed in hundreds, whose dwellings are exposed to each of the following ranges of L_den values in dB, at a height of 4 m above ground level on the facade plus exposed:

55-59, 60-64, 65-69, 70-74, > 75

distinguishing between road traffic, rail traffic, air traffic and industrial sources. The figures shall be rounded up to the nearest cent.

In addition, if the data is known and relevant, the number of persons, within each of the above categories, whose housing has:

Special insulation against the corresponding noise, i.e. special insulation of a building against one or more types of ambient noise, together with ventilation or air conditioning facilities that allow to maintain a high degree of insulation against environmental noise.

A quiet facade, that is, the facade of a dwelling where the value of L_den at a height of four meters above the ground level and a distance of two meters from the facade, for the noise emitted by a source specifies, it is less than 20 dB greater than the facade with the highest value of L_den.

The contribution to these results of the major road routes, major railway lines and major airports corresponding to the definition of Article 3 of the Noise Law will also be explained.

1.6 The estimated total number of people, expressed in hundreds, whose dwellings are exposed to each of the following ranges of L_n values in dB (A), at a height of 4 m above ground level on the facade exposed:

50-54, 55-59, 60-64, 65-69, > 70

distinguishing between road, rail, air traffic and industrial sources. This data may also be evaluated for the range 45-49 before 18 July 2009.

In addition, if the data is known and relevant, the number of persons, within each of the above categories, whose housing has:

Special insulation against the corresponding noise, as defined in point 1.5.

A quiet facade, as defined in point 1.5.

The contribution to these results of the major road routes, major railway lines and major airports will also be explained.

1.7 In case of a graphical presentation, the strategic noise maps shall present at least the level curves of:

60, 65, 70, and 75 dB.

1.8 A summary of the action plan, of a maximum length of 10 pages, that addresses the relevant aspects referred to in Annex V.

2. On the major road routes, major railway lines and major airports.

2.1 Overview of the road axis, rail or airport axis: location, dimensions and traffic data.

2.2 Characterisation of the environment: agglomerations, villages, countryside, etc., information on land use and on other important sources of noise.

2.3 Noise-fighting programs executed in the past and measures in place against noise.

2.4 Measurement or calculation methods used.

2.5 The estimated total number of people, expressed in hundreds, outside the agglomerations whose housing is exposed to each of the following ranges of L_den values in dB, at a height of 4 m above the level of the floor and on the most exposed facade:

55-59, 60-64, 65-69, 70-74, > 75.

In addition, if the data is known and relevant, the number of persons, within each of the above categories, whose housing has:

Special insulation against the corresponding noise, as defined in point 1.5.

A quiet facade, as defined in point 1.5.

2.6 The estimated total number of people, expressed in hundreds, outside the agglomerations whose dwellings are exposed to each of the following ranges of L_n values in dB (A), at a height of 4 m above the level of the floor and the most exposed facade: 50-54, 55-59, 60-64, 65-69, > 70. This data may also be evaluated for the range 45-49, before 18 July 2009.

In addition, if the data is known and relevant, the number of persons within those categories whose housing has:

Special insulation against the corresponding noise, as defined in point 1.5.

A quiet facade, as defined in point 1.5.

2.7 The total surface, in km², exposed to L_den values greater than 55, 65, and 75 dB, respectively.

The estimated total number of homes, in hundreds, and the estimated total number of people, in hundreds, living in each of these areas. Agglomerations shall be included in those figures.

The level curves for 55 dB and 65 dB shall also be shown on one or more maps, which shall include information on the location of the cities, towns and agglomerations within these curves.

2.8 A summary of the action plan, of an extension not exceeding 10 pages, that addresses the relevant aspects listed in Annex V.

ANNEX VII

Criteria for delimitation of an agglomeration

1. Determination of agglomeration

(a) The basic territorial entity on which an agglomeration will be defined shall be the municipality. However, the territorial scope of the agglomeration may be lower than that of the municipality, by application of the criteria described in paragraph (d).

b) For the purposes of the obligation to draw up strategic noise maps, the number of inhabitants of the agglomeration shall be taken into account solely and exclusively. This number shall be the number of the inhabitants of the law in accordance with the last census carried out before the year in which the communication to the Ministry of the Environment corresponds to the relationship of agglomerations on which this type of mapping is to be carried out.

If in order to improve the protection of the population in some place or area in which seasonal variations of importance were produced that would make it advisable to take into account the population bystander, the autonomous community may include this urban agglomeration within the relationship, taking into account the actual population or any method by which the passer-by population is valued, warning this circumstance that it will be taken into account for the preparation of the corresponding strategic noise map.

c) Autonomous communities may establish, by application of the criteria described in paragraph (d), agglomerations of supramunicial scope.

(d) To determine the sectors of the territory constituting an agglomeration, at least the following population density and proximity criteria shall apply:

All sectors of the territory whose population density is equal to or greater than 3,000 persons per km²shall be considered.

For population density estimation, the population data and territorial extent of the corresponding census sections will be used.

If there are two or more sectors of the territory in which, in addition to verifying the condition of the previous point, it is verified that the horizontal distance between its two nearest points is equal to or less than 500 m.

If the sum of the inhabitants in the territory sectors that meet the requirements of the above points is greater than 100,000, these sectors of the territory constitute an agglomeration.

e) The size, in number of inhabitants, of the agglomeration shall be the total sum of the inhabitants within the sectors of the territory constituting the agglomeration, by application of the criteria described in paragraph d).

2. Delimitation of the territorial scope of agglomeration.

The territorial scope of an agglomeration will be delimited by tracing the closed polygonal line comprising all the sectors of the territory that make up the agglomeration.