Chapter 4.5.
CONTROL OF NOISE POLLUTION


Section 4.5.1.
General provisions


Article 4.5.1.1. Translation not available

Section 4.5.2.
Guide values for specific noise in the open air and indoors


Article 4.5.2.1. For the assessment of the noise from establishments, the values in dB(A) given in Appendices 4.5.4. and 4.5.5. to the present Order apply as guide values against which the specific noise in the open air of an establishment is measured.

Article 4.5.2.2. For the assessment of the noise from establishments which have a common wall and/or floor with inhabited spaces, the values in dB(A) given in Appendix 2.2.2. to the present Order apply as guide values against which the specific noise inside an establishment is measured.

Section 4.5.3.
Conditions for new category 1 and 2 establishments and for modifications to existing category 1 and 2 establishments


Article 4.5.3.1.

§ 1.

LA95,1h of the original ambient noise is equal to or greater than the guide value given in Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment or, as appropriate, by all or part of an existing establishment to which a modification has been made, must on the one hand be limited to the LA95,1h of the original ambient noise decreased by 5 dB(A), and must on the other hand be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order.

 

§ 2.

LA95,1h of the original ambient noise is less than the guide values specified for the areas in points 1°, 4°, [...] 6° or 7° of Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment or, as appropriate, by all or part of an existing establishment to which a modification has been made, must on the one hand be limited to the LA95,1h of the original ambient noise, and must on the other hand be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

 

§ 3.

LA95,1h of the original ambient noise is less than the guide values specified for the areas in points 2°, 3°, 5°, 8°, 9° or 10° of Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment - or, as appropriate, by all or part of the existing establishment to which a modification has been made - must be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

 

§ 4.

Without prejudice to the provisions of §1, 2 and 3, new category 1 or 2 establishments as well as modifications to existing category 1 or 2 establishments having a common wall and/or floor with inhabited spaces must comply with the following provisions:

the specific noise inside of the establishment, measured in the inhabited spaces with windows and doors closed, must be limited to the specific guide values stipulated in Appendix 2.2.2 to the present Order decreased by 3 dB(A).

 

§ 5.

If the noise in the open air produced by an establishment has an incidental, fluctuating, intermittent or impulsive character, then the guide values given in Appendix 4.5.5 to the present Order are to be applied to the appropriate value. The appropriate value is the guide value given in Appendix 4.5.4 to the present Order for the different areas, decreased by 5 dB(A).

 

 

§ 6.

The conditions stated in the present Section are represented diagrammatically in decision diagrams 4.5.6.1 and 4.5.6.3 in Appendix 4.5.6 to the present Regulation.

 


Section 4.5.4.
Conditions for existing category 1 and 2 establishments


Article 4.5.4.1. Translation not available

Section 4.5.5.
Conditions for category 3 establishments


Article 4.5.5.1.

§ 1.

When measured in the measurement positions stipulated in §3 or §4 of Article 1 of Appendix 4.5.1. to the present Order, the specific noise in the open air produced by new establishments as well as by modifications to existing establishments must not exceed the guide value stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

 

§ 2.

Without prejudice to the provisions of §1, the specific noise indoors produced by new establishments as well as by modifications to existing establishments having a common wall and/or floor with inhabited areas must comply with the following provision:

the specific noise measured in the inhabited spaces with windows and doors closed must be limited to the guide values stipulated in Appendix 2.2.2 to the present Order decreased by 3 dB(A). 

 

§ 3.

At the measurement positions stipulated in §3 or §4 of Article 1 of Appendix 4.5.1 to the present Order, the specific noise in the open air produced by existing establishments is limited to such an extent that the guide value in Appendix 4.5.4 to the present Order is approximated as much as possible, taking into account the provisions of Article 4.5.1.1 and with the application of the best available techniques.

 

§ 4.

Without prejudice to the provisions of §3, the specific noise indoors for existing establishments having a common wall and/or floor with inhabited spaces is limited in such a way that the guide values indicated in Appendix 2.2.2. to the present Order are approximated as much as possible, taking into account the provisions of Article 4.5.1.1 and with the application of the best available techniques.

 

§ 5.

[...]

 

§ 6.

If the noise in the open air produced by an establishment has an incidental, fluctuating, intermittent or impulsive character, then the guide values given in Appendix 4.5.5 to the present Order are to be applied to the appropriate value. The appropriate value for new establishments is the guide value given in Appendix 4.5.4 to the present Order, decreased by 5 dB(A). For existing establishments, the appropriate value is the guide value given in Appendix 4.5.4 to the present Order.

 

 

 

§ 7.

The conditions stated in the present Section are represented diagrammatically in decision diagrams 4.5.6.4 and 4.5.6.5 in Appendix 4.5.6 to the present Regulation.


Section 4.5.6.
Special conditions


Article 4.5.6.1. Translation not available

Section 4.5.7.
Conditions for loading and unloading operations for certain establishments classified in accordance with Section 16.3.1


Scope and general provisions.


Article 4.5.7.0.1.

This Section applies to loading and unloading operations with trucks at establishments that cumulatively satisfy the following conditions:

the establishment comes under category 47.11 of the reference framework for the production and dissemination of statistics related to economic activities in Europe (NACE 2008). This category is defined as retail trade services in non-specialised stores with food, beverages or tobacco predominating;

the establishment includes an activity as stated in Section 16.3.1;

the establishment is equipped with its own loading and unloading area. An own loading and unloading area is a specific area within the boundaries of the establishment that is set up for the loading and unloading of goods.

 


Article 4.5.7.0.2. The operator shall take the necessary measures using the best available techniques to limit the noise produced by loading and unloading operations, and to prevent the noise produced by loading and unloading operations from being a source of nuisance to the environment.

Conditions while loading and unloading goods.


Article 4.5.7.0.3.

The engine of the truck must be switched off while loading and unloading goods.

 

By way of derogation from sections 4.5.2 to 4.5.5 inclusive, the following conditions apply to the loading and unloading of goods between 6 a.m. and 11 p.m.:

the average level of short-term increases in noise in the open air caused by the loading and unloading of goods must be restricted to the limits stated in Appendix 4.5.7.1. The average level of short-term increases in noise in the open air caused by the loading and unloading of goods is measured as LA05,T, where the time interval T covers the duration of the loading and unloading of the goods;

the level of the highest short-term increases in noise in the open air caused by the loading and unloading of goods must be restricted to the limits stated in Appendix 4.5.7.2. The level of the highest short-term increases in noise in the open air caused by the loading and unloading of goods is measured as LA01,T, where the time interval T covers the duration of the loading and unloading of the goods.


Conditions while manoeuvring the truck.


Article 4.5.7.0.4.

By way of derogation from sections 4.5.2 to 4.5.5 inclusive, the level of the highest short-term increases in noise in the open air caused by the manoeuvring of the truck in the early morning and late evening is limited to the guidance values stated in Appendix 4.5.4 plus 30 dB(A). The level of the highest short-term increases in noise in the open air caused by the manoeuvring of the truck is measured as LA01,T, where the time interval T covers the duration of the manoeuvring of the truck.

 

The provisions of sections 4.5.2 to 4.5.5 inclusive do not apply to manoeuvring the truck between 7 a.m. and 7 p.m.


Subsection 4.5.7.1.
Conditions for loading and unloading operations in the early morning and late evening


General provisions.

Article 4.5.7.1.1.

§ 1.

This subsection applies to the loading and unloading operations stated in Article 4.5.7.0.1 that are carried out in the early morning and late evening.

 

The engine of the truck and the drive of refrigeration units with which the truck is fitted must be switched off while loading and unloading goods, unless the refrigeration units are connected to the mains electricity. Radios must be switched off.

 

During early morning hours a maximum of one delivery may be made, and a maximum of two deliveries during late evening hours.

 

In accordance with Appendix 4.5.7.3, the operator shall take the necessary measures to limit the nuisance caused by loading and unloading operations in the early morning and late evening.


Loading and unloading goods at establishments with an open-air loading and unloading area.

Article 4.5.7.01.2.

Without prejudice to Article 4.5.7.0.3, the following minimum distances apply to the loading and unloading of goods in the early morning and late evening at establishments with an open-air loading and unloading area if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°:

for loading and unloading operations with low-noise equipment: 40 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses;

for all other loading and unloading operations: 50 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses.

 

The distances specified in paragraph 1 may be reduced after taking additional structural noise-reducing measures such as the installation of a noise barrier if it is demonstrated that the conditions stated in paragraph 2 of Article 4.5.7.0.3 have been satisfied. This may be demonstrated by means of a noise study prepared by an environmental expert recognised in the discipline of noise and vibrations as stated in Article 6, 1°, c), a of the VLAREL.


Loading and unloading of goods at establishments with a covered loading and unloading area.

Article 4.5.7.1.3.

Without prejudice to Article 4.5.7.0.3, the following minimum distances apply to the loading and unloading of goods in the early morning and late evening at establishments with a covered loading and unloading area if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°:

for loading and unloading operations with low-noise equipment: 20 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses;

for all other loading and unloading operations: 30 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses.

 

The distances specified in paragraph 1 may be reduced after taking additional structural noise-reducing measures such as the installation of a noise barrier if it is demonstrated that the conditions stated in paragraph 2 of Article 4.5.7.0.3 have been satisfied. This may be demonstrated by means of a noise study prepared by an environmental expert recognised in the discipline of noise and vibrations as stated in Article 6, 1°, c), a of the VLAREL.


Loading and unloading of goods at establishments with an indoor loading and unloading area.

Article 4.5.7.1.4. Without prejudice to Article 4.5.7.0.3, no minimum distances between the loading and unloading area and the nearest houses apply to the loading and unloading of goods in the early morning and late evening at establishments with an indoor loading and unloading area if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°.

Manoeuvring the truck.

Article 4.5.7.1.5.

Without prejudice to Article 4.5.7.0.4, a minimum distance of 10 m between the route taken when manoeuvring the truck in the early morning and late evening and the nearest houses applies if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°.

 

The distance specified in paragraph 1 may be reduced after taking additional structural noise-reducing measures such as the installation of a noise barrier if it is demonstrated that the conditions stated in Article 4.5.7.0.4 have been satisfied. This may be demonstrated by means of a noise study prepared by an environmental expert recognised in the discipline of noise and vibrations as stated in Article 6, 1°, c), a of the VLAREL.

 

Without prejudice to Article 4.5.7.0.4, no minimum distance between the route taken when manoeuvring the truck and the nearest houses applies to manoeuvring the truck in the early morning and late evening at establishments with an indoor loading and unloading area if the route taken when manoeuvring the truck lies entirely within a closed building and if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°.