Principles for Directives 2008/50/EC and 2002/49/EC
Approaches of the two Directives
Yet there is a marked difference between the approaches which the two directives chose. Directive 2008/50/EC on ambient air quality fixed, for a number of pollutants, limit values (quality objectives or concentration limit values) which were not to be exceeded in Member States. Before these limit values are exceeded, alert thresholds and target values require public authorities to take action, in order to avoid excessive air pollution. When the alert thresholds or limit values of the ambient air Directive 2008/50/EC are exceeded, there is a legal obligation for Member States to take the necessary measures, in order to be within the limits of the limit values as quickly as possible.
Directive 2002/49/EC on environmental noise, in contrast to this, does not fix binding limit values, alert thresholds or target values. It rather limits itself to asking Member States to collect reliable data on noise levels, and to establish the so-called "hot points", strategic noise maps which shall serve as a basis for noise reduction action plans. The creation of such plans is, however, mandatory.
The question is, whether under the subsidiarity principle, the approach chosen by the Air Quality Directive 2008/50/EC is excessive or whether the approach of the Noise Directive 2002/49/EC is insufficiently ambitious.