The Council of State is very critical of the Flemish plans to abolish the tightening of low-emission zones from 2026. According to the Council’s advice, which Belga was able to view, the intervention entails a “significant deterioration” in health and the environment.
The original plan was to further tighten the rules from 2026 onward, meaning that owners of older Euro 5 diesel cars would no longer be allowed into the LEZ zones in Antwerp and Ghent. But in September, the Flemish government scrapped this planned tightening.
‘Standstill principle’
This measure is now facing legal criticism from the Council of State. The planned elimination amounts to a “significant deterioration” in the protection of health and the right to a healthy living environment, and according to the Council of State, this deterioration violates the so-called ‘standstill principle’ – a principle enshrined in the Constitution, which stipulates that certain rights may not be diminished without thorough justification.
The government must, therefore, “investigate” the measure more thoroughly and “substantiate it more thoroughly,” according to the Council of State. Moreover, the government should also explain “how the intended progress in air quality and reduction of greenhouse gas emissions will still be achieved through other measures.”
Asking for legal trouble
In a response, the Minister of Environment, Jo Brouns, stated that he will study the advice “thoroughly.”
The Council of State’s advice is not binding. However, if the government fails to take the advice into account, or does so insufficiently, it is asking for legal trouble.
Situation in Belgium
But how exactly are things in Belgium? In Brussels, The LEZ has been in force since 1 January 2018, covering all 19 municipalities of the region. Upcoming stricter rules were initially planned for 1 January 2025 (for Euro 6 diesel, Euro 3 gasoline, etc.), but those were postponed.
In Antwerp, the LEZ has been in force since 1 February 2017 for the city center and Linkeroever (the left bank of the Scheldt River) for various vehicle classes. In Ghent, the LEZ has been in effect since 1 January 2020 for the area within the R40 ring road in Flanders.
Wallonia
Initially, there was a schedule to tighten the standards in 2025, 2026, etc. But in 2024, the Flemish government decided not to further tighten the rules for Antwerp & Ghent at the earlier planned pace, citing the shift to a zero-emission fleet as sufficient.
In Wallonia, the situation is entirely different. The French-speaking part of the country plans to introduce a so-called ‘environmental zone’ or LEZ, covering the whole region, effective by 1 January 2027. Implementation details, however, are still less clear than in Brussels or Flanders.
