The Brussels urban movement BRAL, together with other civil society organizations, points out a legal error in the ordinance on the postponement of the tightening of the Low-Emission Zone (LEZ) in the Brussels Capital Region.
Due to a reference to the wrong article, many diesel and gasoline cars will be driving “illegally” in Brussels. According to BRUZZ, which broke the news on its website, the situation concerns 35,284 cars and 8,512 light commercial vehicles registered in the region.
Erroneous reference in the ordinance
Last year in October, the Brussels parliament voted a new ordinance to postpone to 2027 the LEZ tightening scheduled for January 1st, 2025 – it concerned vehicles meeting the Euro 5 standard for diesel and Euro 2 standard for gasoline.
The initiative for this postponement came from the MR, Les Engagés, PS, and Open Vld, who had reached an agreement on the matter before the formation of a new Brussels government, much to the anger of the green parties.
However, according to BRAL, the ordinance contains an erroneous reference that calls into question the entire postponement. Many diesel and gasoline cars are driving illegally through Brussels today.
Almost 44,000 vehicles involved
Indeed, the ordinance refers to an erroneous article from the Brussels government’s 2018 decree, not the article on the Euro 5 standard for diesel cars and the Euro 2 standard for gasoline. The article refers to Euro 6 and Euro 3, which will be banned only by 2028 anyway, BRAL said.
As a result, diesel cars (Euro 5) and gasoline cars (Euro 2) in the Brussels Capital Region are breaking the law. They would not be allowed to enter the LEZ since January 1st, anyway. BRUZZ states this would involve 35,284 cars and 8,512 light commercial vehicles.
New retroactive ordinance is needed
According to legal experts to whom BRUZZ has asked for clarification, a new retroactive ordinance must be voted in to solve the problem.
BRAL says it will go to the Constitutional Court if the ordinance is not urgently amended. If the Brussels parliament votes on a new ordinance, BRAL will consider at that time whether to appeal the LEZ deferral.
Competent and resigned Environment Minister Alain Maron (Ecolo) points out that BRAL’s revelation may concretely mean that the administration must issue LEZ fines for specific categories of vehicles.
“However, it goes without saying that we protect citizens acting in good faith from this risk.” In other words, drivers who would now accidentally violate the LEZ’s stricter rules will not be fined by the regional administration.
Marron also says the error should be corrected immediately to end the confusion. He also recalls that he pointed out the legal risks of the ordinance at the time.
“The abrupt change, before the municipal elections, through an ordinance, without prior consultation, without the opinion of the LEZ task force, without the opinion of the administration, and the opinion of the Council of State on the legal validity of the system, was seen as a risky move.”
Meanwhile, the MR has admitted to a technical error and says it is working on a solution, though it is stuck with the delay.
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