# Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part One, Division 4.9: Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise

Extent: E+W+S+N.I.

As regards Directive 2002/49/EC, the Commission should be empowered to adapt point 3 of Annex I and Annexes II and III thereto to technical and scientific progress and to establish common assessment methods. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/49/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 2002/49/EC is hereby amended as follows:
1.. Article 6(2) shall be replaced by the following:
‘2. The Commission shall, through a revision of Annex II, establish common assessment methods for the determination of Lden and Lnight. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). Until those methods are adopted, Member States may use assessment methods adapted in accordance with Annex II and based upon the methods laid down in their own legislation. In such case, the Member States must demonstrate that those methods give equivalent results to the results obtained with the methods set out in paragraph 2(2) of Annex II.’;
2.. Article 12 shall be replaced by the following:
‘Adaptation to technical and scientific progress
Article 12 The Commission shall adapt point 3 of Annex I and Annexes II and III to this Directive to technical and scientific progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).’;
3.. Article 13(3) shall be replaced by the following:
‘3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;
4.. in Annex III, the second sentence of the introductory wording shall be replaced by the following:
‘The dose-effect relations introduced by future revisions of this Annex carried out in accordance with the regulatory procedure with scrutiny referred to in Article 13(3) will concern in particular:’.

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Source: https://www.legislation.gov.uk/eur/2008/1137/annex/division/4/division/4.9 (the official version)
Page: https://openlegislation.uk/eu-regulation-2008-1137/annex/division-4/division-4.9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.