Any loud, unpleasant and unexpected sound that creates harmful effects on the body is noise. In terms of negative impact on the environment, it is at the very top, along with air and water pollution, and is a problem that is widespread throughout the world. Noise pollution is mainly due to traffic, construction activities, industrial-production activities, as well as activities from public life that directly affect people’s health and quality of life.
Every day we are faced with noise that can be continuous, intermittent – when it originates from one or more sources with irregular and sudden stops and starts, and impulsive – when it occurs suddenly and stops very quickly, such as during an explosion or gunshots. Noise manifests itself as a high volume of 110 to 120 dB (decibels), while normal noise is considered to be the rustle of tree leaves which is 20 (dB), a quiet voice (40 dB), the sound of a television that is not too loud (60 dB ) or street traffic (90 dB).
In urban areas, citizens often complain about the noise from loud music from catering establishments, coffee bars and restaurants, where there is a strong sound system.
In the first five months of this year, the Ministry of Internal Affairs registered a total of 28 reports of noise disturbance, with 23 cases being resolved as a complaint with a written warning to those reported. In the same period, for 13 cases, appropriate requests for initiation of misdemeanor proceedings were submitted to the Commission for Misdemeanors under Article 8 of the Law on Offenses against Public Order and Peace (ZPPJRM).
According to the statistics of the Ministry of Internal Affairs, during the year 2022, a total of 58 violations according to Article 8 of the ZPPJRM were ascertained by all Departments of Internal Affairs.
Hearing damage, fatigue and stress – some of the impacts on human health
At the round table on “Protection from noise in the environment”, which was held last month in Skopje, organized by the Center for Legal Research and Analysis, legal expert Zharko Aleksov cited the findings of the World Health Organization (WHO), according to which noise is the second the biggest environmental cause of health problems, right after the impact of polluted air. The panelists were told that over 1 billion people between the ages of 12 and 35 are at risk of hearing loss due to prolonged and excessive exposure to loud music and other recreational sounds. WHO recommends that noise exposure levels should not exceed 70 dB in a 24-hour period and 85 dB in a 1-hour period.
But apart from hearing damage, noise has other harmful effects on our health. Research shows that noise leads to fatigue and stress, exhaustion, increased heart rate, increased blood pressure and negative attitudes.
The World Health Organization states in a report that increased noise also contributes to problems with learning and reading comprehension, memory and attention.
In recent decades, the noise problem has become increasingly dominant not only in urban areas but also outside urban areas, that is, on highways and regional roads due to the constant increase in land and air traffic. Due to that fact, noise must be treated accordingly. Experts point out that it is possible to prevent the negative impact of noise on human health, and this is achieved, among other things, by isolating the working and living space, using protective earplugs, as well as by taking breaks at work more often, reduced working hours and extended annual leave. vacation.
Noise “on paper” is regulated by the Environmental Noise Protection Law
The environment at the world and republic level is legislatively regulated by a series of legal acts, as well as by international conventions, declarations and protocols. Although it is not yet a member of the European Union, the Republic of North Macedonia has adopted appropriate legislation for noise protection, as well as regulations that define the necessary conditions for the implementation and refinement of legal procedures.
The issue regarding the harmful noise that is emitted in the environment in the Republic of North Macedonia is regulated by the Law on Protection from Noise in the Environment. The Law provides a legal basis for sources of noise in the environment, limits values for the level of noise in the environment, indicators for noise in the environment, management of noise in the environment, methods of assessing harmful effects, adoption and implementation of planning documents, measures for protection against noise in the environment, monitoring of noise in the environment, information system, conditions and technical measures for protection against noise in the environment caused by special sources, financing, supervision and competent authorities.
Based on the provisions of the Law on Noise in the Environment in the period from 2007 until today, 11 by-laws have been adopted that refer to noise indicators, monitoring and inspection of noise in the environment.
Fines for noise range from 50 euros to 10 thousand euros.
When citizens report increased noise, the Departments of Internal Affairs act according to the Law on Protection against Noise and carry out regular action controls of catering establishments in terms of whether they adhere to the legally permitted limits for playing music, in accordance with the Law on Offenses against Public Order and peace (ZPPJRM).
According to Article 8 of this Law, fines are provided for disturbing the peace of others by singing, using musical instruments, radio and television sets and other technical devices, as well as with mechanical sources of noise (motor and similar), in the period of 15: 00 to 18:00 and after 23:00 to 6:00 in the morning, they range from 50 euros to 10 thousand euros.
– If someone commits this offense, the police will stop him and he will be fined in the amount of 50 to 100 euros in denars. For the offense from paragraph 1 of this article, a fine of 50 to 1,000 euros in denars will be imposed on the legal entity – for micro-traders, from 50 to 2,000 euros in denars – for small traders, from 250 to 6,000 euros in denars – for medium-sized traders and from 250 to 10,000 euros in denar equivalent value – for large traders and for the responsible person in the legal entity from 50 to 500 euros in denar equivalent value, says the Ministry of the Interior.
Ohrid is “most recognizable” for reports of noise disturbance
According to the statistics of the Ministry of the Interior, the area of the Ministry of Internal Affairs of Ohrid recorded the most reports of noise disturbance.
– Acting on the complaints in 63 cases, they were resolved with a written warning to the complainants, in 22 cases the Commission determined a fine following a request to initiate criminal proceedings under Article 16 of the ZPPJRM, while in one case the procedure is still ongoing and it is about reports for loud music in catering facilities, the Ministry of the Interior says.
The city is responsible for the control of the noise from the roads, the inspection services for the large industrial facilities
The control of noise from roads and from installations that have a B-integrated permit is the responsibility of the City of Skopje, while the state inspection services are responsible for the control of large industrial facilities that operate with A- integrated permits, noise on highways, as well as air and rail traffic. Municipalities, on the other hand, are responsible for noise control from small industrial plants, as well as catering facilities.
The noise from loud music is a problem for the municipality of Centar, because the ground-floor parts of the buildings are intended for cafes where parties with a large number of guests and loud music are held at night. The number of reports from citizens in the spring and summer period, as informed by the Municipality of Centar, is on average about 5 reports per month. As a second problem from the Municipality of Centar, they indicate the working hours, until 12 or 1 am, which are exceeded, as well as the gathering of young people on the streets, riding motorcycles, etc.
In order to overcome this problem, the Municipality of Centar conducts monitoring of the area of the municipality, for which they have concluded an agreement with an authorized environmental laboratory, that performs noise measurements.
– After receiving complaints about noise from loud music, or during regular field control, the authorized environmental inspector with a representative of the authorized laboratory goes out to the field at night, after 11:00 p.m. For the performed measurements, the laboratory submits reports, according to which an inspection procedure is carried out within the framework of the law. If the noise exceeds the maximum allowed values, according to the Regulations, the authorized inspector conducts a procedure with minutes, a decision to take measures to reduce the noise, as well as a violation payment order for a fine, which according to the Law on Protection from Noise, Article 56, paragraph 1, is in the range according to the size of the legal entity, the Municipality of Centar clarifies.
More than 300 judgments of the ECHR on environmental protection
The practice of the European Court of Human Rights, as legal expert Zharko Aleksov said at the round table, according to the latest statistics, shows that more than 300 judgments refer to environmental protection.
Through creative interpretation, the court finds ways to apply environmental protection articles, even though it is not expressly recognized as a right.
An example of that is the Oluić judgment against Croatia ( https://justiceobservers.org/article/79316/63647/187 ). Namely, a resident of Rijeka, Croatia, complained about the noise made by a bar/cafe that was open in a part of the house where she lived, and which part was owned by another person. The procedures before the competent authorities took a long time and were unsuccessful, after which the applicant filed an application before the ECHR. The appellant argued that she had adequately exhausted her available remedies and that all other remedies would be superfluous. In addition, she claimed that the level and continuity of the noise was such that it met the criteria for an injury falling within the scope of Article 8 of the Convention. The Court found a violation of Article 8 because the Convention aims to guarantee rights that are “practical and effective” and not “theoretical or illusory”.
In our country, however, according to the records of the Department for Offenses at the Basic Criminal Court Skopje, in the past years, only three cases related to violation of Article 8 of the Law on Offenses against Public Order and Peace have been concluded with a final verdict.
According to the Court, the cases were dealt with in 2018 and 2020, and in relation to the decisions, the procedure was stopped for one, and fines were imposed for two cases.