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Environmental Noise Directive Legal reference: Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002on the assessment and management of environmental noise Questions A. Which parts of the Directive have been transposed? The Directive has been almost fully transposed into the national legislation through provisions of the Law on Environmental Noise Protection (OJ MNE 28/2011 of 10 June 2011), according Progress Monitoring for 2012 the transposition score is 96%. Also, part of provisions are transposed through Rulebook on limit values of environmental noise, noise indicators and acoustical zoning (OJ MNE 60/2011 of 16 December 2011). The missing provisions are related to the scope of information provided to public on strategic noise maps (Art. 9.2) and the Assessment Methods for Noise Indicators referred to in Art. 6 B. How and when the remaining provisions will be transposed? The remaining provisions shall be transposed by secondary legislation through Rulebook on methods for measurement and calculation of environmental noise and contents of reports on measured or calculated noise level - drafting process is ongoing and shall be completed and adopted by the end of 2013. Also, Rulebook on contents and method of development of the strategic noise maps will be adopted in 2013. C. What has been achieved as regards? Identifying competent authority/ies Ministry of Sustainable Development and Tourism is competent for drafting the legislation in this area, providing opinions on action plans prepared by the state authority responsible for transport, providing opinions on report on the level of environmental noise, preparation of action plans pertaining to the areas near the state borders together with competent authorities of the neighbouring country and reporting to the European Commission. Environmental Protection Agency collects information about particular acoustic zones, proposes, implements and reports on annual noise monitoring program, issues permits to accredited laboratories (permit for measuring the level of environmental noise and permit for development of strategic maps and calculation of the noise level), collects and publishes noise data. Concessionaires, Environmental Protection Agency, Ministry of Transport and Maritime Affairs and local authorities are in charge for development of strategic noise maps respectively: preparation of strategic noise maps for agglomeration is in competence of local authorities. For main roads operated by the concessionaire, the preparation of strategic noise maps shall be provided by the concessionaire. For main roads operated by the state, the preparation of strategic noise maps shall be provided by the Agency in cooperation with the Ministry of transport. Establishing major roads, major railways, major airports and agglomerations The Law on Environmental Noise Protection defined main road as road with an average annual traffic flow of more than three million vehicles. According the data provided by Directorate of Transport for 2011 Montenegro has 3 main road spots: road Podgorica – Cetinje /Gornji Kokoti 3.150.222/, road Podgorica – Danilovgrad /Curilac 3.320.707/, road Tivat – Budva /Radanovici – 4.281.613/. The number in the brackets represents the annual daily average number of vehicles. As for agglomerations, Montenegro has one with over 100,000 inhabitants – Podgorica, according to the data of Statistical Office. In accordance with traffic frequency requirements stated in the Directive, Montenegro does not have major railways and major airports. Establishing noise assessment methods The Ministry of Sustainable Development and Tourism shall adopt the Rulebook on methods for measurement and calculation of environmental noise and contents of reports on measured or calculated noise levels, on the basis of the Article 8 of the Law on protection from environmental noise. The Rulebook drafting process is ongoing and shall be completed and adopted by the end of 2013. Rulebook will also transpose the Recommendation of 6th August 2003 concerning the guidelines on the revised interim computation methods for industrial noise, aircraft noise, road traffic noise and railway noise, and related emission data. Drawing up noise maps According to the Law on protection from environmental noise development of noise maps is planed by 30th June 2017. Ministry of Sustainable Development and Tourism shall adopt the Rulebook on contents and method of making strategic noise maps will be adopted in 2013. Drawing up noise reduction plans Action plans shall be prepared by 2019. An Action Plan shall include, among the other, measures taken to reduce noise, as well as planned projects, planned measures and actions to be taken, including measures to preserve quiet areas, long-term measures to reduce noise levels. Involving (actively) the public The Law on protection from environmental noise prescribes that the authorities responsible for preparing the action plans shall inform interested public on the method and terms for access to draft action plans, submission of comments, the time and place of the public hearing, through the media. A public hearing shall be conducted by the authority competent to prepare an action plan and draw up a report on the conducted public hearing. Also, adopted action plans shall be published on the website of the authority competent. Establishing a mechanism to provide information to the public All data on environmental noise and the strategic noise maps shall be published on the website of the Agency. Proposals for action plans will be available through the public consultation process. Action plans will be available on the internet site of the body competent for approving the plan. All these data shall also be accessible through three Aarhus centers active in the country.