Agency Competition of the Andalusian Regional Government has given its approval to the Regulation on the protection against noise pollution in Andalusia that develops the Ministry of Environment, but has warned that it "restricts" the free exercise of certain economic activities and may affect competition in the market.
Thus, as recorded by the opinion that this organization has made on the regulations against noise pollution which was seen by Europa Press, the document contains a number of provisions that could affect "the free exercise of economic activities, limit development in certain geographical areas and to condition the granting of new licenses and / or extension, modification or suspension of certain existing zoning requirements for acoustics. "
however, said that given that the objective of the rule is to regulate the quality of atmospheric environment to prevent, monitor and address situations of noise about noise and vibration to protect the health of individuals, such restrictions are "justified".
Possible body restrictions points are expressed in articles such as Article 19 et seq regulators of special acoustic zones. In particular, and for areas of special noise protection, Article 20 provides as a corrective measure the option to disallow the establishment, expansion, modification or removal of an activity that increases the values \u200b\u200bof noise levels, and facilitate opening acoustically less polluting activities that exist.
For his part, and acoustically saturated areas, Article 21 provides as a possible corrective measure to suspend the granting of new licenses to open, as well as modifications or additions regarding generating activities noise at night.
According to the U.S., these provisions will result in "reducing the number of operators in a given market and the possibilities of action of existing, so the competition" is affected in the sense that the pressure increasing competition reduces the possibilities of carrying out practices that harm competition, such as price fixing or market sharing. "
HOMES, HOSPITALS AND SCHOOLS
Another measure that may affect competition in the field of construction by limiting the supply, as noted, is mentioned in Article 35.1, where it is stated that "no new licenses may be granted for the construction of buildings intended for housing use in hospitals, educational or cultural if noise levels violate the acoustic quality objectives set in each area, except that locate in special noise protection zones, acoustically saturated zone or when the respective City Council, for exceptional reasons duly justified public interest, expressly authorized. "
Moreover, Article 43 states as a prerequisite for obtaining permits or licenses certain activities and facilities that produce noise and vibration the presentation of an acoustic survey on compliance during operation of the quality standards and prevention.
is thus a "prerequisite for access to those new players who intend to enter the market and, consequently, there is also an involvement of free competition," says the agency, who On the other hand, stresses that, in addition, Article 50 establishes the requirement for the person or entity sponsoring of activities and facilities for obtaining a certification of compliance with the standards of quality and noise prevention prior to the implementation or operation of those.
But against these considerations, the Council considers that there is an "obvious reason of general interest for this standard, as is the protection of the preservation of natural resources and environmental protection, the primary objective of European Community, which enables the public authorities in the scope of its powers to introduce restrictions on the functioning competitive markets.
addition to these "important" reasons, he says, the same article 1 of the standard under report expressly stated purpose of the health protection of citizens' right to privacy, property legal enjoy the highest protection.
They conclude that almost all of the restrictions contained imposed by reason of environmental protection, appear "reasonable" from a standpoint of efficient regulation and enhancing of competition, since they introduce "limitations provided and with little impact on the conditions of competition "and, moreover, are already provided in a regulation having the force of law, as GICA Act, limiting the draft decree to develop them.
