Last year, 16,403 fines were issued in the Brussels region for motorists who entered the low-emission zone (LEZ) with an overly polluting car. That’s almost a halving from the record year of 2023, when 29,643 drivers were fined.
Meanwhile, several citizens’ associations have started proceedings at the Constitutional Court to annul the two-year postponement of the Brussels LEZ. They call the postponement pernicious for current air quality.
“Revenue source on the hood of motorists”
In 2022, partly due to a long warning period, the number of fines was still limited to nearly 20,000, but in 2023, that number shot up to nearly 30,000. So, now the number has dropped again to 16,403, good for a fine of 5,7 million euros. Anyone driving an over-polluting car in the zone will be fined 350 euros.
Bob De Brabandere, floor leader of Vlaams Belang in the Brussels Parliament, questions whether the LEZ has not degenerated into a revenue source on the hood of the motorist, “while its objectives have largely been achieved.” “Despite the greening of the car fleet and improved air quality, the Brussels government continues to maintain the LEZ,” argues De Brabandere who, along with his party, advocates abolishing the LEZ zones.
Serious setback
Citizens’ associations BRAL, Les chercheurs d’air (Air researchers), the Fédération des maison médicales (Federation of Medical Centers) and the Ligue des droits humains (Human Rights League) think otherwise. They have asked the Constitutional Court to annul the two-year postponement of the LEZ.
The postponement, which allows Euro 5 diesels to circulate for an additional two years, was decided in the Brussels parliament last October because of a political maneuver by MR and PS, among others. Three citizens with breathing problems also underscore the demand.
The initiators believe that the delay of the LEZ represents a serious setback in protecting the right to health and a healthy environment. “According to estimates, air pollution, especially caused by road traffic, is responsible for hundreds of premature deaths in Brussels every year,” they point out. “In none of its official measuring stations does the Brussels Region reach the WHO recommended values for nitrogen dioxide (10 µg/m3). What’s worse, on some major traffic axes, even the less stringent European standards in force are not met.”
“LEZ is most effective tool”
According to BRAL and co. only the introduction of the LEZ can bring relief and improve air quality in Brussels. “The low-emission zone is to date the most effective tool to reduce air pollution. Since its introduction in 2018, the number of pollutants in the air has decreased significantly.”
The associations believe the LEZ deferral violates the ‘standstill principle’. “That is the principle that guarantees the right to protect health and a healthy environment. That principle prohibits ‘significantly lowering’ the level of protection of existing regulations without justifiable cause.” Moreover, the delay would also violate the non-discrimination principle, namely that the delay “disproportionately affects the health of people in poorer neighborhoods.”
The Council of State also has expressed reservations about the deferral. “It would be advisable not only to justify why the planned phase is being postponed, but also to explain how the progress in air quality and reduction of greenhouse gas emissions envisaged with it can still be achieved with other measures,” the Council wrote in an opinion.
