Noise

The Regulatory Committee

Role and Procedures

Art 13 of Directive determines that the Commission shall adapt the provisions in Annex I, point 3, Annex II and Annex III to technical and scientific progress. The same article furthermore determines that the Commission shall be assisted by a Regulatory Committee set in accordance with Article 18 of Directive 2000/14/EC. (1) Meanwhile, the Committee has adopted its rules of procedure as required.

The Committee is shared with DG ENTR on Directive 2000/14/EC relating to noise emissions from outdoor equipments.

Changes following the entry into force of the Lisbon Treaty

The Lisbon Treaty creates separate frameworks for delegated acts (Art. 290 TFEU) and implementing acts (Art. 291 TFEU). The criteria for delegated acts are very similar to the ones for the existing regulatory procedure with scrutiny, i.e. measures of general scope amending or supplementing a basic legal act whereas the implementing acts are straight-forward executive measures, where the Commission on the subsidiarity basis replaces Member States in implementation where uniform conditions for implementation are needed. All measures under the END would with high probability fall under the category of "delegated acts". Article 290 TFEU is self executing and applies directly to all new and pending proposals from the moment the treaty entered into force.

As Directive 2002/49/EC was already in place at the time of the entry into force of the Lisbon Treaty the old provisions for regulatory procedure with scrutiny still apply and no alignment is currently planned.

(1) Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.