Law 26.10.1995, n. 447
framework law on noise OJ 254 of 10.30.1995, suppl. ord. No 125.
Article 1 - Purpose of Act 1. This law establishes the fundamental principles concerning the protection of the external environment housing and the environment from noise pollution, pursuant to article 117 of the Constitution. 2. The general principles of this law are deduced for the special regions and autonomous provinces of Trento and Bolzano basic standards of socio-economic reform of the Republic.
2 - Definitions 1. For the purposes of this Act shall apply: a) noise pollution, the introduction of noise in the living or the external environment such as to cause annoyance or disturbance to rest and to human activities, risk to human health, deterioration of ecosystems , property, monuments, living environment or outdoor environment or that interferes fruition with the legitimate environments themselves, b) living environment: each interior of a building for the stay of persons or communities and used for various human activities, except for areas used for productive activities for which the firm remains discipline in the legislative decree 15 August 1991, No 277, except with regard to the introduction of noise from sources outside the premises where the activities of production, c) fixed sound sources: the technical equipment of buildings and other installations to buildings together in a transitional whose use produce noise, road infrastructure, railway, airport, maritime, industrial, craft, commercial and agricultural, car parks, sites for cargo-handling establishments, depots of the transportation of people and goods, the areas used for sports and leisure d) moving sound sources: all the sound sources not included in the letter c) e) emission limit values: the maximum noise that can be emitted from a sound source, measured in the vicinity of the source f) limit values \u200b\u200bfor release: the maximum noise that can be entered by one or more sound sources in the home or in the external environment, measured in the vicinity of receptors, g) values \u200b\u200bof care: the value of noise that signals the presence of a potential risk to human health or the environment; h) Quality values: the values \u200b\u200bof noise to be achieved in the short, medium and long term with the technologies and remediation methods available to achieve the objectives of protection provided by this Act . 2. The values \u200b\u200breferred to in paragraph 1, letter e), f) g) h) are determined by the type of the source, the period of the day and the intended use of the area to be protected. 3. The limit values \u200b\u200bfor release are divided into: a) absolute limit values, determined with reference to the equivalent level of environmental noise, b) differential limits, determined by reference to the difference between the equivalent level of environmental noise and residual noise. 4. Remain firm for the other definitions in Annex A to the Decree of the President of the Council of Ministers 15 March 1991, published in the Official Gazette No. 57 8 March 1991. 5. The measures to limit noise emissions are administrative, technical, construction and management. With this objective: a) the requirements for permissible noise levels, methods of measuring noise, the rules applicable to the manufacture, b) the testing procedures, accreditation and certification attesting that the products conform to the requirements of the permissible sound levels, and the marking of products and devices stating the fact of approval, c) intervention to reduce noise, divided into active measures to reduce noise sources and passive measures, taken at places of entry or along the path of propagation from the source to the receptor or the receptor itself; d) the plans of urban transport and urban traffic plans; the provincial or regional transport plans and traffic plans for suburban mobility, planning and management of road, railway, airport and maritime e) the planning, operations outsourcing activities noisy or sensitive receptors. 6. For the purposes of this Law shall be technically competent professional capable of making measurements, check compliance with the values defined by current standards, drawing up plans for noise abatement, conduct its monitoring activities. The competent person must hold a diploma of secondary education in technical or university degree to address the scientific or bachelor's degree in science. 7. The competent technical activities can be carried out after submission of an application to the competent authority to the Regional Environmental accompanied by documentary evidence of having carried out activities, other than occasionally, in room acoustics for at least four years for graduates and at least two years for graduates or diploma holders. 8. The activities referred to in paragraph 6 may also be carried out by those in possession of a high school diploma, are employed by the public authorities and will pursue their activities in the field of room acoustics, the date of entry into force of this Act. 9. Those who perform audits must be different from those that carry out activities on which must be checked.
3 - Powers of the State 1. The jurisdiction of the state: a) determining, in accordance with the Law of 8 July 1986 349, as amended, by decree of the President of the Council of Ministers, upon proposal of the Minister for the Environment, in consultation with the Minister of Health and after consultation with the Standing Conference for relations between the state, regions and autonomous provinces of Trento and Bolzano, the values \u200b\u200bmentioned in Article 2 b) coordination of the activity and the definition of technical standards for general testing, certification, certification and periodic testing of products in order to control noise and of killing, the role and qualifications of the persons responsible for this activity and, for aircraft, for ships and for road vehicles, the procedures regular monitoring of emission limit values \u200b\u200brelating to the products. This occurs, for road vehicles, is carried out according to Article 80 of Legislative Decree 30 April 1992, No 285, amended; c) the determination, pursuant to Decree of the President July 24, 1977, No 616, by decree of the Minister for the Environment, in consultation with the Minister of Health and in accordance with their skills, with the Minister of Public Works, Minister of Transport and Shipping and Minister of Industry, Commerce and craft, the techniques of detection and measurement of noise, taking into account the peculiar characteristics of the noise emitted by the transport infrastructure d) coordination of research activities of scientific and technical experiments under the law July 8, 1986 No 349, as amended, and the activity collection, processing and dissemination of data. The coordination provides the Minister for the Environment, using for this purpose also the Higher Institute of Health, National Research Council (CNR), Ente per le New Technologies, Energy and Environment (ENEA), of 'National Agency for the Environment (ANPA), the Institute for Prevention and job security (ISS), the Centre's top research and testing vehicles and devices (CSRPAD) of the Ministry of Transport and Navigation and institutions and university departments, e) determination, while respecting the values \u200b\u200bdetermined under subparagraph a), by decree of the President Council of Ministers, upon proposal of the Minister for the Environment, in consultation with the Minister of Health and in accordance with their skills, with the Minister of Public Works, Minister of Industry, Commerce and Handicrafts and the Minister for Transport and Navigation, the acoustic requirements of sound sources and passive acoustic requirements of buildings and their components in order to reduce human exposure to noise. As for the noises made by motor vehicle as defined by Title III of Legislative Decree 30 April 1992, No 285, as amended, does not affect the competence and procedure laid down in Articles 71, 72, 75 and 80 of that decree; f) an indication, by the Minister of Public Works, in consultation with the Minister and the Minister of Transport and Shipping, criteria for the design, construction and renovation of buildings and construction of transport infrastructure, for the purposes of protection of noise pollution, g) determining, by decree of the Minister for the Environment, in consultation with the Minister of Industry, Commerce and Handicrafts and the Minister of Transport and Navigation Aids System requirements also anti-theft alarm with audible and refrigeration systems, as well as the discipline of the installation, maintenance and use of alarm systems and burglar alarm also Beep installed on mobile and stationary sources, except as provided for in Articles 71, 72, 75, 79, 155 and 156 of Legislative Decree 30 April 1992, No 285, as amended; h) determining, with the procedures set forth in subparagraph e) of the acoustic requirements of the sound sources of entertainment in places of public entertainment or dancing; i) the adoption of long-term plans for the low noise produced for the performance of essential public services such as railways, subways, highways and roads within the limits set for each specific transport system, apart from the powers of regions, provinces and municipalities, and while taking into account the provisions referred to in Article 155 of Legislative Decree 30 April 1992, No 285, as amended; l) the establishment, by decree of the Minister for the Environment, in consultation with the Minister of Transport and Shipping, criteria of measuring noise emitted by vessels of any nature and its rules for the containment of 'noise, m) determination, by decree of the Minister for the Environment, in consultation with the Minister of Transport and Shipping, criteria of measuring noise emitted by aircraft and related rules for the control of noise pollution, with particular regard to: 1) general and specific criteria for the definition of noise abatement procedures applicable to all airports and the adoption of control measures and reduction of noise pollution produced by civil aircraft during takeoff and landing, and 2) the criteria for the classification of airports in the level of noise, 3 ) to the identification of buffer zones for areas and airport operations and the criteria for regular activity in urban areas compared. For the purposes of this provision for airport operations includes both the take-off or landing, and those of maintenance, overhaul and testing of aircraft engines, 4) the criteria for the design and management of monitoring systems to control levels noise in airports; n) the establishment, by decree of the Minister, after hearing the environmental protection associations approved under Article 13 of the Law of 8 July 1986 349, as well as the most representative associations of consumers, information campaigns and consumer education. 2. The decrees referred to in paragraph 1, letters a), c, e), h) el), are issued within nine months from the date of entry into force of this Act. The decrees referred to in paragraph 1, letter f), g) m), are issued within eighteen months from the date of entry into force of this Act. 3. The measures envisaged in paragraph 1, letters a), c), d), e), f), g), h) i) l) m), must be harmonized with EU directives implemented by the Italian State and subject to updating and verification in the light of new relevant information or new situations. 4. The measures introduced by the Government must be coordinated with the provisions of the Decree of the President of the Council of Ministers 15 March 1991, published in the Official Gazette No. 57 8 March 1991.
4 - Powers of the Regions 1. Regions, within one year from date of entry into force of this Act, lay down the law: a) the criteria under which municipalities, pursuant to Article 6, paragraph 1, letter a), taking into account destinations of existing land use and an indication of areas to be allocated to performance for a temporary or mobile or outdoor proceed to the classification of its territory in the areas required by the current provisions for the implementation of quality values \u200b\u200bin Article 2, paragraph 1, letter h), establishing a prohibition of direct contact areas, also belonging to neighboring municipalities, where these values \u200b\u200bdiffer by more than 5 dBA sound level measured on the same general criteria established by the Decree of President of the Council of Ministers 15 March 1991, published in Official Gazette No. 57 8 March 1991. If the identification of areas already urbanized areas that can not be met because of existing bond uses, it is expected the adoption of plans of reorganization referred to in Article 7 b) substitute the powers of municipalities in the event of inaction or bodies, or of conflict between them, c) rules, deadlines and penalties the obligation to classify areas under subparagraph a) for municipalities that adopt new planning instruments, general or detailed, d) subject to the requirement of Article 8, paragraph 4, the procedures for monitoring compliance with legislation for the protection against noise when the granting of building permits for new equipment and infrastructure used for productive activities, sports and recreation and commercial service stations multifunctional measures that enable municipalities to use the same buildings and infrastructure, and the measures for a license or authorization to carry out productive and) the procedures and any additional criteria, in addition to those listed in Article 7 for preparation and adoption by local authorities of plans for noise f) the criteria and conditions for the identification, by the municipalities whose territory has a significant interest in landscape and environment and tourism figures are lower than those derived under Article 3, paragraph 1, letter a) of this Act and such reductions do not apply to essential public services referred to in Article 1 of Law on June 12 1990, no 146 g) the procedures for granting authorizations for the conduct of municipal activities and temporary exhibitions in public places or open to the public when it involves the use of noisy machinery or equipment; h) the powers of the provinces on pollution hearing under the law June 8, 1990, No 142; i) the organization in the region of the inspection referred to in Article 14; l) the criteria for the preparation of the documentation referred to in Article 8, paragraphs 2, 3 and 4 m ) criteria for the prioritization of remediation time acoustic territory. 2. Regions, based on proposals received and availability financial resources allocated by the state, define priorities and establish a three-year regional plan of action for the remediation of noise pollution, subject to any state on plans for in Article 3, paragraph 1, letter i), for the preparation of regions such as formulating non-binding proposals. Municipalities adapt their individual plans for noise in Article 7 to the regional plan.
5 - Powers of provinces 1. The jurisdiction of the provinces: a) administrative functions relating to noise provided by the law June 8, 1990, No 142; b) the functions assigned to them by regional laws referred to in Article 4; c) the functions of control and supervision provided for in Article 14, paragraph 1.
6 - Responsibilities of a joint. The jurisdiction of municipalities, according to state and regional laws and their statutes: a) the classification of the municipality according to the criteria laid down in Article 4, paragraph 1, letter a), b) coordination of the planning instruments already adopted by the decisions made under subparagraph a), c) the adoption of plans of reorganization referred to in Article 7; d) monitoring, as set out in Article 4, paragraph 1, letter d), respect for legislation for the protection against noise when the granting of building permits for new equipment and infrastructure used for productive activities, sports and recreation commercial service stations and multipurpose municipal measures that enable the use of the same buildings and infrastructure, and the measures for a license or authorization to carry out productive e) the adoption of regulations for the implementation of state legislation and Regional protection against noise; f) the recognition and control of noise emissions from vehicles, subject to the provisions contained in Legislative Decree April 30, 1992, No 285, as amended; g) the checks referred to in Article 14, paragraph 2 h) the authorization, even notwithstanding the limit values \u200b\u200blaid down in Article 2, paragraph 3, to carry out temporary activities and events in a public place or open to the public and shows a temporary or mobile, in accordance with the requirements set by the municipality itself. 2. In order referred to in paragraph 1, letter e), municipalities, within one year from the date of entry into force of this Act, the regulations conform to local health and hygiene or municipal police, by providing specific rules against noise, with particular reference to the control, containment and slaughter of noise arising from the use of motor vehicles and from the practice of using sound sources. 3. The municipalities whose territory has a special interest landscape and environment and tourism, have the power to identify noise exposure limits lower than those determined pursuant to Article 3, paragraph 1, letter a), within the guidelines determined by the region, according to Article 4, paragraph 1, letter f). These reductions do not apply to essential public services referred to in Article 1 of the Law of 12 June 1990, n. 146. 4. They are subject to the actions carried out by municipalities pursuant to Decree of the President of the Council of Ministers 15 March 1991, published in the Official Gazette No. 57 8 March 1991, before the date of entry into force of this Act. They are also subject to the noise abatement measures already undertaken by enterprises in accordance with Article 3 of Decree of the Prime Minister Ministers of 15 March 1991. Should these measures prove inadequate compliance with the limits of classification of the municipality for the purpose of adjustment is granted to companies on a period of time equal to that necessary to complete the repayment plan of remediation in place, if they comply with the principles under this law and the criteria laid down by the regions under Article 4, paragraph 1, letter a).
7 - Plans for noise 1. In the case of exceedance of attention in Article 2, paragraph 1, letter g), as well as in the case referred to in Article 4, paragraph 1, letter a), last sentence, municipalities shall adopt action plans sound, in coordination with the urban plan of the traffic referred to in Legislative Decree April 30, 1992, No 285, as amended, and the plans required by the relevant environmental legislation. The action plans are approved by city council. The consolidation of municipal plans to incorporate the content of the plans referred to in Article 3, paragraph 1, letter i) and Article 10, paragraph 5. 2. The plans for noise referred to in paragraph 1 shall include: a) identifying the type and extent of noises, including mobile sources, in areas identified to be reclaimed in accordance with Article 6, paragraph 1, letter a); b) the identification of people who have competence to intervene c) an indication the priorities, procedures and timelines for the remediation d) estimation of costs and resources necessary e) any precautionary measures in a matter of urgency for environmental protection and public health. 3. In the case of inertia of the town and in the presence of serious and specific problems of noise pollution, adoption of the plan shall, in its stead, pursuant to Article 4, paragraph 1, letter b). 4. The recovery plan referred to in this article may be adopted by municipalities other than those referred to in paragraph 1, in order to pursue the values \u200b\u200bin Article 2, paragraph 1, letter h). 5. In municipalities with a population of more than fifty thousand inhabitants, the city council shall submit to the Board a biennial report on the state of municipal noise of the town. The city council approved the report and send to the region and the province for the initiatives of competence. For municipalities that adopt the plan of reorganization referred to in paragraph 1, the first report is attached to the plan. For other municipalities, the first such report shall be taken within two years from the date of entry into force of this Act.
8 - Provisions of a noise impact. The projects subject to environmental impact assessment under Article 6 of the Law of 8 July 1986 349, subject to the requirements of the decrees of the President of the Council of Ministers August 10, 1988, No 377, as amended, and December 27, 1988, published in the Official Gazette No. 4 of 5 January 1989, shall be in accordance with the requirements of the protection of people affected by noise. 2. Under the procedures referred to in paragraph 1, or at the request of municipalities, owners of the relevant works projects or establish a record of noise impact on the implementation, amendment or extension of the following items: a) airports and airfields , heliports b) A type of roads (highways), B (main rural roads), C (secondary rural roads), D (urban streets of flow), E (urban roads of district) and F (local roads), second the classification referred to in Legislative Decree April 30 1992, no 285, as amended; c) dancing d) private clubs and premises where noisy machinery or equipment are installed, e) sports and recreational facilities; f) railways and other modes of public transport by rail. 3. E 'obliged to produce an estimate of the noise climate of the areas involved in the implementation of the following types of settlements: a) schools and kindergartens; b) hospitals; c) nursing homes and rest; d) public parks in urban and suburban e) new housing next to the works referred to in paragraph 2. 4. Requests for the issuance of building permits for new equipment and infrastructure used for productive activities, sports and recreation, and locations commercial services multipurpose municipal measures that enable the use of the same buildings and infrastructure, and applications for license or authorization to carry on productive activities must include documentation of estimates of noise impact. 5. The documentation referred to in paragraphs 2, 3 and 4 of this Article shall be made on the basis of criteria established under Article 4, paragraph 1, letter l) of this Act, in the manner provided for in Article 4 of Act Jan. 4, 1968, No 15. 6. The application for a license or authorization to pursue the activities referred to in paragraph 4 of this Article, who are expected to produce emission values \u200b\u200bthan those determined under Article 3, paragraph 1, letter a) shall contain a statement of the measures envisaged to reduce or eliminate noise caused by the activity or equipment. The documentation must be sent to the office responsible for the environment of the town for the release of its go-ahead.
9 - Ordinances contingibili and urgent one. If requested by the exceptional and urgent need to protect public health or the environment, the mayor, the president of the province, the president of the county council, the prefect, the Minister, - in accordance with Article 8 of Law March 3, 1987, No 59, and the President of the Council of Ministers, within their respective skills, for justified reasons, may order the use of temporary special forms of containment or abatement of noise, including the partial or total inhibition of certain activities. In the case of essential public services, that right is reserved to the President of the Council of Ministers. 2. Remain subject to the powers of state bodies in charge, in accordance with applicable law, the protection of public safety.
10 - Penalty 1. Except as provided in Article 650 of the Criminal Code, anyone who fails to measure correctly adopted by the competent authority pursuant to Article 9, shall be punished with administrative penalty for paying a between ITL 2,000,000 to 20,000,000 lire. 2. Whoever, in the year or in the use of a fixed and mobile source noise exceeds the emission limit values \u200b\u200band placing in Article 2, paragraph 1 e) and f), determined in accordance with the provisions of 'Article 3, paragraph 1, letter a), shall be punished with administrative penalty for the payment of a sum of ITL 1,000,000 to 10,000,000 lire. 3. The violation of the implementing regulations of Article 11 and the provisions adopted in pursuance of this Act by the State, regions, provinces and municipalities, shall be punished with administrative penalty for the payment of a sum of 500,000 pounds to 20,000 pounds .000. 4. 70 percent of the sums due application of the penalties referred to in paragraphs 1, 2 and 3 of this Article shall be paid at the entrance of the state budget to be devolved to municipalities for the financing of the rehabilitation plans referred to in Article 7, with incentives for achievement of the values \u200b\u200bmentioned in Article 2, paragraph 1, letter f) and h), 5. Notwithstanding the provisions of the preceding paragraphs, companies and institutions of public transport services or related infrastructure, including highways, in the case of exceedance of paragraph 2, are required to prepare and present the municipality plans to contain and reduce noise, according to the guidelines issued by the Minister by decree within a year of date of entry into force of this Act. They should show times adjusted terms and costs and are forced to engage in the ordinary way, a fixed amount not less than 5 percent of the funds earmarked for the maintenance and enhancement of critical infrastructures for the adoption of measures of containment and noise abatement. With regard to the ANAS This fee is set at 1, 5 percent of the funds earmarked for maintenance activities. In the case of essential public services, these plans coincide with those of Article 3, paragraph 1, letter i), the monitoring of compliance of their implementation is delegated to the Ministry of Environment.
11 - Regulations for the Execution 1. Within one year from the date of entry into force of this law, by decree of President of the Republic by decision of the Council of Ministers, upon proposal of the Minister for the Environment in concert, according to their area of \u200b\u200bexpertise, with the Ministers of Health, Industry, commerce, transport and shipping, public works and defense, have issued implementing regulations, separate sound source on the regulation of noise pollution which originate from road traffic, rail, sea and air, making use of scientific and technical contribution of the management bodies of these services by race tracks, from the slopes of the test motor and sports activities, from crafts, to vessels of any kind as well as the new airport locations. 2. The regulations referred to in paragraph 1 shall be harmonized with EU directives implemented by the Italian State. 3. The prevention and containment areas only interested in hearing from military installations and activities of the armed forces are defined under agreements to joint by joint committees referred to in Article 3 of Law 24 December 1976, n. 898, as amended.
12 - Advertising messages 1. Article 8 of the Act of 6 August 1990 223, after paragraph 2, insert the following: omission 2. The provision in paragraph 1 shall apply one year from the date of entry into force of this Act. Supervision and sanctions are placed under the Legislative Decree 25 January 1992 74.
13 - Contributions to local authorities 1. The regions in their budgets may grant interest relief and capital expenditures to be made to municipalities and provinces to organize the monitoring and control, as well as the measures provided for in the plans. 2. In granting assistance to municipalities, referred to in paragraph 1 of this article, priority is given to municipalities that have adopted plans of reorganization referred to in Article 7.
14 - Controls 1. The provincial administrations, in order to perform the task of monitoring and supervising the implementation of this law exists in regions located in the area of \u200b\u200bmost municipalities included in the provincial constituency, using the facilities of the regional environment in the decree-law of December 4, 1993 No 496, ratified with amendments by Law 21 January 1994, No 61. 2. The municipality shall exercise the administrative functions relating to monitoring compliance: a) the requirements pertaining to the containment of noise generated by vehicular traffic from fixed sources and b) the rules laid down in Article 8, paragraph 6, relating to noise the use of noisy equipment and outdoor activities; c) the rules and technical requirements for implementing the provisions of Article 6 d) of the correspondence of the current legislation of the contents of the documentation provided under Article 8, paragraph 5. 3. The staff responsible for inspection referred to in this article and the staff of the regional environment, in the exercise of the same functions of control and supervision, may have access to facilities and places of business that are a source of noise, and require the data, information and documents necessary to carry out its functions. Such personnel shall be provided with identification document issued by the agency or of belonging. Trade secrets can not be invoked to prevent or impede the activities of verification and control.
15 - Transitional 1. The subject matter of the action under state jurisdiction and of implementing regulations under this Act, until the measures and these Regulations shall apply to the extent not inconsistent with this Act, the provisions contained in the Decree of the Prime Minister Ministers of 15 March 1991, published in the Official Gazette No. 57 8 March 1991, with the exception of transport infrastructure, limited the provisions of Articles 2, paragraph 2, and 6, paragraph 2. 2. For the purposes of the gradual attainment of the objectives of this law, the undertakings concerned must submit the plan for noise in Article 3 of the Decree of the President of the Council of Ministers 15 March 1991, within six months from the classification of the municipality according to the criteria of Article 4, paragraph 1, letter a) of this Act. In the plan of reorganization must be stated with sufficient technical report the term within which the companies expect to adapt to the limits allowed by the regulations under this Act. 3. Companies that do not have the recovery plan must comply with the limits set by the division into classes of the municipality by the deadline for the submission of the plan. 4. By decree of the Minister for the Environment, in consultation with the Minister for Industry, Commerce and Handicrafts, within six months from the date of entry into force of this Law shall be established criteria and procedures for the application of the provisions of Article 2, paragraph 3 of that Decree of the President of the Council of Ministers 15 March 1991.
16 - Repeal of Provisions 1. By decree of the President of the Republic by decision of the Council of Ministers, is issued in accordance with Article 17, paragraph 2 of Law August 23, 1988, No 400, within ninety days from the date of entry into force of this Act, proposed by the Minister for the Environment, in consultation with the competent ministers, special regulations under which they are identified acts legislation incompatible with this law, which shall be repealed with effect from the date of entry into force of regulation.
17 - Entry into force 1. This Act shall enter into force sixty days after its publication in the Official Gazette of the Italian Republic.
framework law on noise OJ 254 of 10.30.1995, suppl. ord. No 125.
Article 1 - Purpose of Act 1. This law establishes the fundamental principles concerning the protection of the external environment housing and the environment from noise pollution, pursuant to article 117 of the Constitution. 2. The general principles of this law are deduced for the special regions and autonomous provinces of Trento and Bolzano basic standards of socio-economic reform of the Republic.
2 - Definitions 1. For the purposes of this Act shall apply: a) noise pollution, the introduction of noise in the living or the external environment such as to cause annoyance or disturbance to rest and to human activities, risk to human health, deterioration of ecosystems , property, monuments, living environment or outdoor environment or that interferes fruition with the legitimate environments themselves, b) living environment: each interior of a building for the stay of persons or communities and used for various human activities, except for areas used for productive activities for which the firm remains discipline in the legislative decree 15 August 1991, No 277, except with regard to the introduction of noise from sources outside the premises where the activities of production, c) fixed sound sources: the technical equipment of buildings and other installations to buildings together in a transitional whose use produce noise, road infrastructure, railway, airport, maritime, industrial, craft, commercial and agricultural, car parks, sites for cargo-handling establishments, depots of the transportation of people and goods, the areas used for sports and leisure d) moving sound sources: all the sound sources not included in the letter c) e) emission limit values: the maximum noise that can be emitted from a sound source, measured in the vicinity of the source f) limit values \u200b\u200bfor release: the maximum noise that can be entered by one or more sound sources in the home or in the external environment, measured in the vicinity of receptors, g) values \u200b\u200bof care: the value of noise that signals the presence of a potential risk to human health or the environment; h) Quality values: the values \u200b\u200bof noise to be achieved in the short, medium and long term with the technologies and remediation methods available to achieve the objectives of protection provided by this Act . 2. The values \u200b\u200breferred to in paragraph 1, letter e), f) g) h) are determined by the type of the source, the period of the day and the intended use of the area to be protected. 3. The limit values \u200b\u200bfor release are divided into: a) absolute limit values, determined with reference to the equivalent level of environmental noise, b) differential limits, determined by reference to the difference between the equivalent level of environmental noise and residual noise. 4. Remain firm for the other definitions in Annex A to the Decree of the President of the Council of Ministers 15 March 1991, published in the Official Gazette No. 57 8 March 1991. 5. The measures to limit noise emissions are administrative, technical, construction and management. With this objective: a) the requirements for permissible noise levels, methods of measuring noise, the rules applicable to the manufacture, b) the testing procedures, accreditation and certification attesting that the products conform to the requirements of the permissible sound levels, and the marking of products and devices stating the fact of approval, c) intervention to reduce noise, divided into active measures to reduce noise sources and passive measures, taken at places of entry or along the path of propagation from the source to the receptor or the receptor itself; d) the plans of urban transport and urban traffic plans; the provincial or regional transport plans and traffic plans for suburban mobility, planning and management of road, railway, airport and maritime e) the planning, operations outsourcing activities noisy or sensitive receptors. 6. For the purposes of this Law shall be technically competent professional capable of making measurements, check compliance with the values defined by current standards, drawing up plans for noise abatement, conduct its monitoring activities. The competent person must hold a diploma of secondary education in technical or university degree to address the scientific or bachelor's degree in science. 7. The competent technical activities can be carried out after submission of an application to the competent authority to the Regional Environmental accompanied by documentary evidence of having carried out activities, other than occasionally, in room acoustics for at least four years for graduates and at least two years for graduates or diploma holders. 8. The activities referred to in paragraph 6 may also be carried out by those in possession of a high school diploma, are employed by the public authorities and will pursue their activities in the field of room acoustics, the date of entry into force of this Act. 9. Those who perform audits must be different from those that carry out activities on which must be checked.
3 - Powers of the State 1. The jurisdiction of the state: a) determining, in accordance with the Law of 8 July 1986 349, as amended, by decree of the President of the Council of Ministers, upon proposal of the Minister for the Environment, in consultation with the Minister of Health and after consultation with the Standing Conference for relations between the state, regions and autonomous provinces of Trento and Bolzano, the values \u200b\u200bmentioned in Article 2 b) coordination of the activity and the definition of technical standards for general testing, certification, certification and periodic testing of products in order to control noise and of killing, the role and qualifications of the persons responsible for this activity and, for aircraft, for ships and for road vehicles, the procedures regular monitoring of emission limit values \u200b\u200brelating to the products. This occurs, for road vehicles, is carried out according to Article 80 of Legislative Decree 30 April 1992, No 285, amended; c) the determination, pursuant to Decree of the President July 24, 1977, No 616, by decree of the Minister for the Environment, in consultation with the Minister of Health and in accordance with their skills, with the Minister of Public Works, Minister of Transport and Shipping and Minister of Industry, Commerce and craft, the techniques of detection and measurement of noise, taking into account the peculiar characteristics of the noise emitted by the transport infrastructure d) coordination of research activities of scientific and technical experiments under the law July 8, 1986 No 349, as amended, and the activity collection, processing and dissemination of data. The coordination provides the Minister for the Environment, using for this purpose also the Higher Institute of Health, National Research Council (CNR), Ente per le New Technologies, Energy and Environment (ENEA), of 'National Agency for the Environment (ANPA), the Institute for Prevention and job security (ISS), the Centre's top research and testing vehicles and devices (CSRPAD) of the Ministry of Transport and Navigation and institutions and university departments, e) determination, while respecting the values \u200b\u200bdetermined under subparagraph a), by decree of the President Council of Ministers, upon proposal of the Minister for the Environment, in consultation with the Minister of Health and in accordance with their skills, with the Minister of Public Works, Minister of Industry, Commerce and Handicrafts and the Minister for Transport and Navigation, the acoustic requirements of sound sources and passive acoustic requirements of buildings and their components in order to reduce human exposure to noise. As for the noises made by motor vehicle as defined by Title III of Legislative Decree 30 April 1992, No 285, as amended, does not affect the competence and procedure laid down in Articles 71, 72, 75 and 80 of that decree; f) an indication, by the Minister of Public Works, in consultation with the Minister and the Minister of Transport and Shipping, criteria for the design, construction and renovation of buildings and construction of transport infrastructure, for the purposes of protection of noise pollution, g) determining, by decree of the Minister for the Environment, in consultation with the Minister of Industry, Commerce and Handicrafts and the Minister of Transport and Navigation Aids System requirements also anti-theft alarm with audible and refrigeration systems, as well as the discipline of the installation, maintenance and use of alarm systems and burglar alarm also Beep installed on mobile and stationary sources, except as provided for in Articles 71, 72, 75, 79, 155 and 156 of Legislative Decree 30 April 1992, No 285, as amended; h) determining, with the procedures set forth in subparagraph e) of the acoustic requirements of the sound sources of entertainment in places of public entertainment or dancing; i) the adoption of long-term plans for the low noise produced for the performance of essential public services such as railways, subways, highways and roads within the limits set for each specific transport system, apart from the powers of regions, provinces and municipalities, and while taking into account the provisions referred to in Article 155 of Legislative Decree 30 April 1992, No 285, as amended; l) the establishment, by decree of the Minister for the Environment, in consultation with the Minister of Transport and Shipping, criteria of measuring noise emitted by vessels of any nature and its rules for the containment of 'noise, m) determination, by decree of the Minister for the Environment, in consultation with the Minister of Transport and Shipping, criteria of measuring noise emitted by aircraft and related rules for the control of noise pollution, with particular regard to: 1) general and specific criteria for the definition of noise abatement procedures applicable to all airports and the adoption of control measures and reduction of noise pollution produced by civil aircraft during takeoff and landing, and 2) the criteria for the classification of airports in the level of noise, 3 ) to the identification of buffer zones for areas and airport operations and the criteria for regular activity in urban areas compared. For the purposes of this provision for airport operations includes both the take-off or landing, and those of maintenance, overhaul and testing of aircraft engines, 4) the criteria for the design and management of monitoring systems to control levels noise in airports; n) the establishment, by decree of the Minister, after hearing the environmental protection associations approved under Article 13 of the Law of 8 July 1986 349, as well as the most representative associations of consumers, information campaigns and consumer education. 2. The decrees referred to in paragraph 1, letters a), c, e), h) el), are issued within nine months from the date of entry into force of this Act. The decrees referred to in paragraph 1, letter f), g) m), are issued within eighteen months from the date of entry into force of this Act. 3. The measures envisaged in paragraph 1, letters a), c), d), e), f), g), h) i) l) m), must be harmonized with EU directives implemented by the Italian State and subject to updating and verification in the light of new relevant information or new situations. 4. The measures introduced by the Government must be coordinated with the provisions of the Decree of the President of the Council of Ministers 15 March 1991, published in the Official Gazette No. 57 8 March 1991.
4 - Powers of the Regions 1. Regions, within one year from date of entry into force of this Act, lay down the law: a) the criteria under which municipalities, pursuant to Article 6, paragraph 1, letter a), taking into account destinations of existing land use and an indication of areas to be allocated to performance for a temporary or mobile or outdoor proceed to the classification of its territory in the areas required by the current provisions for the implementation of quality values \u200b\u200bin Article 2, paragraph 1, letter h), establishing a prohibition of direct contact areas, also belonging to neighboring municipalities, where these values \u200b\u200bdiffer by more than 5 dBA sound level measured on the same general criteria established by the Decree of President of the Council of Ministers 15 March 1991, published in Official Gazette No. 57 8 March 1991. If the identification of areas already urbanized areas that can not be met because of existing bond uses, it is expected the adoption of plans of reorganization referred to in Article 7 b) substitute the powers of municipalities in the event of inaction or bodies, or of conflict between them, c) rules, deadlines and penalties the obligation to classify areas under subparagraph a) for municipalities that adopt new planning instruments, general or detailed, d) subject to the requirement of Article 8, paragraph 4, the procedures for monitoring compliance with legislation for the protection against noise when the granting of building permits for new equipment and infrastructure used for productive activities, sports and recreation and commercial service stations multifunctional measures that enable municipalities to use the same buildings and infrastructure, and the measures for a license or authorization to carry out productive and) the procedures and any additional criteria, in addition to those listed in Article 7 for preparation and adoption by local authorities of plans for noise f) the criteria and conditions for the identification, by the municipalities whose territory has a significant interest in landscape and environment and tourism figures are lower than those derived under Article 3, paragraph 1, letter a) of this Act and such reductions do not apply to essential public services referred to in Article 1 of Law on June 12 1990, no 146 g) the procedures for granting authorizations for the conduct of municipal activities and temporary exhibitions in public places or open to the public when it involves the use of noisy machinery or equipment; h) the powers of the provinces on pollution hearing under the law June 8, 1990, No 142; i) the organization in the region of the inspection referred to in Article 14; l) the criteria for the preparation of the documentation referred to in Article 8, paragraphs 2, 3 and 4 m ) criteria for the prioritization of remediation time acoustic territory. 2. Regions, based on proposals received and availability financial resources allocated by the state, define priorities and establish a three-year regional plan of action for the remediation of noise pollution, subject to any state on plans for in Article 3, paragraph 1, letter i), for the preparation of regions such as formulating non-binding proposals. Municipalities adapt their individual plans for noise in Article 7 to the regional plan.
5 - Powers of provinces 1. The jurisdiction of the provinces: a) administrative functions relating to noise provided by the law June 8, 1990, No 142; b) the functions assigned to them by regional laws referred to in Article 4; c) the functions of control and supervision provided for in Article 14, paragraph 1.
6 - Responsibilities of a joint. The jurisdiction of municipalities, according to state and regional laws and their statutes: a) the classification of the municipality according to the criteria laid down in Article 4, paragraph 1, letter a), b) coordination of the planning instruments already adopted by the decisions made under subparagraph a), c) the adoption of plans of reorganization referred to in Article 7; d) monitoring, as set out in Article 4, paragraph 1, letter d), respect for legislation for the protection against noise when the granting of building permits for new equipment and infrastructure used for productive activities, sports and recreation commercial service stations and multipurpose municipal measures that enable the use of the same buildings and infrastructure, and the measures for a license or authorization to carry out productive e) the adoption of regulations for the implementation of state legislation and Regional protection against noise; f) the recognition and control of noise emissions from vehicles, subject to the provisions contained in Legislative Decree April 30, 1992, No 285, as amended; g) the checks referred to in Article 14, paragraph 2 h) the authorization, even notwithstanding the limit values \u200b\u200blaid down in Article 2, paragraph 3, to carry out temporary activities and events in a public place or open to the public and shows a temporary or mobile, in accordance with the requirements set by the municipality itself. 2. In order referred to in paragraph 1, letter e), municipalities, within one year from the date of entry into force of this Act, the regulations conform to local health and hygiene or municipal police, by providing specific rules against noise, with particular reference to the control, containment and slaughter of noise arising from the use of motor vehicles and from the practice of using sound sources. 3. The municipalities whose territory has a special interest landscape and environment and tourism, have the power to identify noise exposure limits lower than those determined pursuant to Article 3, paragraph 1, letter a), within the guidelines determined by the region, according to Article 4, paragraph 1, letter f). These reductions do not apply to essential public services referred to in Article 1 of the Law of 12 June 1990, n. 146. 4. They are subject to the actions carried out by municipalities pursuant to Decree of the President of the Council of Ministers 15 March 1991, published in the Official Gazette No. 57 8 March 1991, before the date of entry into force of this Act. They are also subject to the noise abatement measures already undertaken by enterprises in accordance with Article 3 of Decree of the Prime Minister Ministers of 15 March 1991. Should these measures prove inadequate compliance with the limits of classification of the municipality for the purpose of adjustment is granted to companies on a period of time equal to that necessary to complete the repayment plan of remediation in place, if they comply with the principles under this law and the criteria laid down by the regions under Article 4, paragraph 1, letter a).
7 - Plans for noise 1. In the case of exceedance of attention in Article 2, paragraph 1, letter g), as well as in the case referred to in Article 4, paragraph 1, letter a), last sentence, municipalities shall adopt action plans sound, in coordination with the urban plan of the traffic referred to in Legislative Decree April 30, 1992, No 285, as amended, and the plans required by the relevant environmental legislation. The action plans are approved by city council. The consolidation of municipal plans to incorporate the content of the plans referred to in Article 3, paragraph 1, letter i) and Article 10, paragraph 5. 2. The plans for noise referred to in paragraph 1 shall include: a) identifying the type and extent of noises, including mobile sources, in areas identified to be reclaimed in accordance with Article 6, paragraph 1, letter a); b) the identification of people who have competence to intervene c) an indication the priorities, procedures and timelines for the remediation d) estimation of costs and resources necessary e) any precautionary measures in a matter of urgency for environmental protection and public health. 3. In the case of inertia of the town and in the presence of serious and specific problems of noise pollution, adoption of the plan shall, in its stead, pursuant to Article 4, paragraph 1, letter b). 4. The recovery plan referred to in this article may be adopted by municipalities other than those referred to in paragraph 1, in order to pursue the values \u200b\u200bin Article 2, paragraph 1, letter h). 5. In municipalities with a population of more than fifty thousand inhabitants, the city council shall submit to the Board a biennial report on the state of municipal noise of the town. The city council approved the report and send to the region and the province for the initiatives of competence. For municipalities that adopt the plan of reorganization referred to in paragraph 1, the first report is attached to the plan. For other municipalities, the first such report shall be taken within two years from the date of entry into force of this Act.
8 - Provisions of a noise impact. The projects subject to environmental impact assessment under Article 6 of the Law of 8 July 1986 349, subject to the requirements of the decrees of the President of the Council of Ministers August 10, 1988, No 377, as amended, and December 27, 1988, published in the Official Gazette No. 4 of 5 January 1989, shall be in accordance with the requirements of the protection of people affected by noise. 2. Under the procedures referred to in paragraph 1, or at the request of municipalities, owners of the relevant works projects or establish a record of noise impact on the implementation, amendment or extension of the following items: a) airports and airfields , heliports b) A type of roads (highways), B (main rural roads), C (secondary rural roads), D (urban streets of flow), E (urban roads of district) and F (local roads), second the classification referred to in Legislative Decree April 30 1992, no 285, as amended; c) dancing d) private clubs and premises where noisy machinery or equipment are installed, e) sports and recreational facilities; f) railways and other modes of public transport by rail. 3. E 'obliged to produce an estimate of the noise climate of the areas involved in the implementation of the following types of settlements: a) schools and kindergartens; b) hospitals; c) nursing homes and rest; d) public parks in urban and suburban e) new housing next to the works referred to in paragraph 2. 4. Requests for the issuance of building permits for new equipment and infrastructure used for productive activities, sports and recreation, and locations commercial services multipurpose municipal measures that enable the use of the same buildings and infrastructure, and applications for license or authorization to carry on productive activities must include documentation of estimates of noise impact. 5. The documentation referred to in paragraphs 2, 3 and 4 of this Article shall be made on the basis of criteria established under Article 4, paragraph 1, letter l) of this Act, in the manner provided for in Article 4 of Act Jan. 4, 1968, No 15. 6. The application for a license or authorization to pursue the activities referred to in paragraph 4 of this Article, who are expected to produce emission values \u200b\u200bthan those determined under Article 3, paragraph 1, letter a) shall contain a statement of the measures envisaged to reduce or eliminate noise caused by the activity or equipment. The documentation must be sent to the office responsible for the environment of the town for the release of its go-ahead.
9 - Ordinances contingibili and urgent one. If requested by the exceptional and urgent need to protect public health or the environment, the mayor, the president of the province, the president of the county council, the prefect, the Minister, - in accordance with Article 8 of Law March 3, 1987, No 59, and the President of the Council of Ministers, within their respective skills, for justified reasons, may order the use of temporary special forms of containment or abatement of noise, including the partial or total inhibition of certain activities. In the case of essential public services, that right is reserved to the President of the Council of Ministers. 2. Remain subject to the powers of state bodies in charge, in accordance with applicable law, the protection of public safety.
10 - Penalty 1. Except as provided in Article 650 of the Criminal Code, anyone who fails to measure correctly adopted by the competent authority pursuant to Article 9, shall be punished with administrative penalty for paying a between ITL 2,000,000 to 20,000,000 lire. 2. Whoever, in the year or in the use of a fixed and mobile source noise exceeds the emission limit values \u200b\u200band placing in Article 2, paragraph 1 e) and f), determined in accordance with the provisions of 'Article 3, paragraph 1, letter a), shall be punished with administrative penalty for the payment of a sum of ITL 1,000,000 to 10,000,000 lire. 3. The violation of the implementing regulations of Article 11 and the provisions adopted in pursuance of this Act by the State, regions, provinces and municipalities, shall be punished with administrative penalty for the payment of a sum of 500,000 pounds to 20,000 pounds .000. 4. 70 percent of the sums due application of the penalties referred to in paragraphs 1, 2 and 3 of this Article shall be paid at the entrance of the state budget to be devolved to municipalities for the financing of the rehabilitation plans referred to in Article 7, with incentives for achievement of the values \u200b\u200bmentioned in Article 2, paragraph 1, letter f) and h), 5. Notwithstanding the provisions of the preceding paragraphs, companies and institutions of public transport services or related infrastructure, including highways, in the case of exceedance of paragraph 2, are required to prepare and present the municipality plans to contain and reduce noise, according to the guidelines issued by the Minister by decree within a year of date of entry into force of this Act. They should show times adjusted terms and costs and are forced to engage in the ordinary way, a fixed amount not less than 5 percent of the funds earmarked for the maintenance and enhancement of critical infrastructures for the adoption of measures of containment and noise abatement. With regard to the ANAS This fee is set at 1, 5 percent of the funds earmarked for maintenance activities. In the case of essential public services, these plans coincide with those of Article 3, paragraph 1, letter i), the monitoring of compliance of their implementation is delegated to the Ministry of Environment.
11 - Regulations for the Execution 1. Within one year from the date of entry into force of this law, by decree of President of the Republic by decision of the Council of Ministers, upon proposal of the Minister for the Environment in concert, according to their area of \u200b\u200bexpertise, with the Ministers of Health, Industry, commerce, transport and shipping, public works and defense, have issued implementing regulations, separate sound source on the regulation of noise pollution which originate from road traffic, rail, sea and air, making use of scientific and technical contribution of the management bodies of these services by race tracks, from the slopes of the test motor and sports activities, from crafts, to vessels of any kind as well as the new airport locations. 2. The regulations referred to in paragraph 1 shall be harmonized with EU directives implemented by the Italian State. 3. The prevention and containment areas only interested in hearing from military installations and activities of the armed forces are defined under agreements to joint by joint committees referred to in Article 3 of Law 24 December 1976, n. 898, as amended.
12 - Advertising messages 1. Article 8 of the Act of 6 August 1990 223, after paragraph 2, insert the following: omission 2. The provision in paragraph 1 shall apply one year from the date of entry into force of this Act. Supervision and sanctions are placed under the Legislative Decree 25 January 1992 74.
13 - Contributions to local authorities 1. The regions in their budgets may grant interest relief and capital expenditures to be made to municipalities and provinces to organize the monitoring and control, as well as the measures provided for in the plans. 2. In granting assistance to municipalities, referred to in paragraph 1 of this article, priority is given to municipalities that have adopted plans of reorganization referred to in Article 7.
14 - Controls 1. The provincial administrations, in order to perform the task of monitoring and supervising the implementation of this law exists in regions located in the area of \u200b\u200bmost municipalities included in the provincial constituency, using the facilities of the regional environment in the decree-law of December 4, 1993 No 496, ratified with amendments by Law 21 January 1994, No 61. 2. The municipality shall exercise the administrative functions relating to monitoring compliance: a) the requirements pertaining to the containment of noise generated by vehicular traffic from fixed sources and b) the rules laid down in Article 8, paragraph 6, relating to noise the use of noisy equipment and outdoor activities; c) the rules and technical requirements for implementing the provisions of Article 6 d) of the correspondence of the current legislation of the contents of the documentation provided under Article 8, paragraph 5. 3. The staff responsible for inspection referred to in this article and the staff of the regional environment, in the exercise of the same functions of control and supervision, may have access to facilities and places of business that are a source of noise, and require the data, information and documents necessary to carry out its functions. Such personnel shall be provided with identification document issued by the agency or of belonging. Trade secrets can not be invoked to prevent or impede the activities of verification and control.
15 - Transitional 1. The subject matter of the action under state jurisdiction and of implementing regulations under this Act, until the measures and these Regulations shall apply to the extent not inconsistent with this Act, the provisions contained in the Decree of the Prime Minister Ministers of 15 March 1991, published in the Official Gazette No. 57 8 March 1991, with the exception of transport infrastructure, limited the provisions of Articles 2, paragraph 2, and 6, paragraph 2. 2. For the purposes of the gradual attainment of the objectives of this law, the undertakings concerned must submit the plan for noise in Article 3 of the Decree of the President of the Council of Ministers 15 March 1991, within six months from the classification of the municipality according to the criteria of Article 4, paragraph 1, letter a) of this Act. In the plan of reorganization must be stated with sufficient technical report the term within which the companies expect to adapt to the limits allowed by the regulations under this Act. 3. Companies that do not have the recovery plan must comply with the limits set by the division into classes of the municipality by the deadline for the submission of the plan. 4. By decree of the Minister for the Environment, in consultation with the Minister for Industry, Commerce and Handicrafts, within six months from the date of entry into force of this Law shall be established criteria and procedures for the application of the provisions of Article 2, paragraph 3 of that Decree of the President of the Council of Ministers 15 March 1991.
16 - Repeal of Provisions 1. By decree of the President of the Republic by decision of the Council of Ministers, is issued in accordance with Article 17, paragraph 2 of Law August 23, 1988, No 400, within ninety days from the date of entry into force of this Act, proposed by the Minister for the Environment, in consultation with the competent ministers, special regulations under which they are identified acts legislation incompatible with this law, which shall be repealed with effect from the date of entry into force of regulation.
17 - Entry into force 1. This Act shall enter into force sixty days after its publication in the Official Gazette of the Italian Republic.
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