European Parliament

2019-2024

Committee on Petitions

24.7.2019

NOTICE TO MEMBERS

Subject: Petition No 0884/2018 by M.I.N.V. (Spanish) on noise pollution in Santa Cruz

de Tenerife (Spain)

1. Summary of petition

The petitioner denounces the current state of disrepair of a section of Avenida de la

Constitución in Santa Cruz de Tenerife, causing significant and obvious noise. The petitioner
points out that she has presented written documentation in support of her claims to the
Tenerife Island Council and the City Council of Santa Cruz de Tenerife but to no avail. The
petitioner considers that the relevant authorities have infringed Directive 2002/49/EC relating
to the assessment and management of environmental noise and the fundamental rights of
European Union citizens such as the right to health, safety, integrity and the right to be
informed. The petitioner questions whether there is an updated Plan of Action for the area,
and, if so, which actions are planned to take place on Avenida de la Constitución to prevent it
from deteriorating and to limit the noise pollution that the residents in the area are suffering
from. The petitioner also suggests a series of measures to be taken to reduce said noise
pollution.

2. Admissibility

Declared admissible on 18 December 2018. Information requested from Commission under

Rule 216(6).

3. Commission reply, received on 24 July 2019

Directive 2002/49/EC1 requires Member States, inter alia, to adopt action plans to reduce

1 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 - Declaration by the Commission in the Conciliation
Committee on the Directive relating to the assessment and management of environmental noise, OJ L 189,
18.7.2002, p. 12–25

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 environmental noise where necessary for major roads and for agglomerations. Santa Cruz de
Tenerife and the road mentioned by the petitioner fall under this obligation. The Commission
opened an infringement procedure No 2016/2118 against the Spanish authorities for failing to
comply with Directive 2002/49/EC. In their reply of September 2018, the Spanish authorities
committed to adopting an action plan for the agglomeration of Santa Cruz de Tenerife by
March 2019.

Conclusion

The Commission will continue to follow up on the case.

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