Links between Directive 2002/49 and other noise-related EU legislation
Rail traffic
As regards railway noise, Directive 2008/57/EC, adopting provisions on the interoperability of railways at EU level, which means that trains of one Member State may also circulate in other Member States. Directive 2008/57/EC fixed essential requirements for railway systems and stated originally (Annex III, No 1.4.4) that the
However, this provision would have allowed national legislation to apply; this was considered undesirable. Therefore, the provision of Directive 2014/38/EC was amended to read:
The explanation given was revealing (Point 1 of Preamble, Directive 2014/38/EC):
For the interoperability of the trans-European high-speed rail systems, European Commission determined in Annex No 4.1.8 of its Decision 2002/735 that the noise level should not exceed 87 (250 km/h), 91 (300 km/h) or 92 (320 km/h) dB(A). In stations or in stabling tracks, the noise levels should not exceed 70 dB(A). Annex III No 1.4.4 of Directive 2001/16/EC on the interoperability of trans-European conventional rail system provided as essential requirement that the operation of the system "must respect existing regulations on noise pollution".
Apart from these few provisions, there are no limit values or other noise restriction provisions on railways at EU level. In 2004, European Commission prepared a Report that it had set up a working group on railway noise and that this working group had identified rail freight as the main concern as regards railway noise. The working group had recommended the retrofitting of existing cast-iron block braked freight wagons with composite brake blocks which would considerably reduce the noise from freight wagons. No legal initiative was taken in this regard, though.