The Brussels Parliament has approved the proposal for an ordinance clarifying specific provisions postponing the tightening of the Low Emission Zone (LEZ) until January 1, 2027.

The vote was 67 to 14, with the Greens and DéFI voting against and Benjamin Dalle (CD&V) abstaining. Whether this definitively eliminates the problems remains to be seen. Touring, among others, has already made it clear that there is an essential regulatory inconsistency regarding the technical inspection of Euro 5 vehicles.

Straightening

In October, the Brussels parliament approved a proposal by the MR, the PS, and the Engagés to postpone the entry force of the ban on the circulation of vehicles with Euro 5 diesel engines or Euro 2 gasoline engines for two years – from January 2025 to January 2027. However, the text contained shortcomings that were corrected by the same parties in a corrective decision in early February.

The new text now approved clarifies the ordinance of October 17 to postpone the implementation date of the next phase of the LEZ, thus by two years, to January 2027.

The text also aims to avoid any doubts or interpretations about the postponement of the next phase of the LEZ. However, opponents still doubt the adopted text’s legal stability.

Political bungling?

The Council of State has already been critical of this new version in its February 28 opinion. According to the urgent opinion of the Council of State, which came at the request of outgoing Environment Minister Alain Maron (Ecolo), this two-year postponement undermines everyone’s right to a healthy environment, as enshrined in the constitution, it warned.

Green floor leader Stijn Bex also warns that the phasing out will give ammunition to environmental organizations and citizens’ movements that want to go to the Constitutional Court for the air quality of Brussels residents.

Mobility organization Touring also warns of “an important regulatory inconsistency” regarding the technical inspection of Euro 5 vehicles. Although Euro 5 vehicles have been allowed to drive in the Brussels region for two years, many drivers are denied access to the road,” Touring states. The cause? A fine particulate measuring instrument used in the technical inspection has not been adapted to this new scheme.

“Consequence: even when equipped with a particulate filter in good condition, many vehicles exceed the currently applicable threshold – set at 1 million particles per cm³ – and routinely receive a red card.”

Touring calls on the relevant authorities to take immediate action to bring the technical inspection requirements into line with the new LEZ legislation and thus prevent thousands of road users from being fined.