Low-emissions zone postponement comes under fire from Council of State

The postponement of the tightening of the low-emissions zone (LEZ) in Brussels has been criticised in a ruling from Belgium’s Council of State.

The ruling said the postponement jeopardises public health and must therefore have a "reasonable justification" added to the decision text.

The Council also noted that the "standstill" principle is being violated by the measure. The standstill principle stipulates that new policy cannot roll back protections of citizens in relation to existing policy, which applies even if the existing policy was only decided on paper and not yet implemented.

The Brussels parliament decided in autumn to postpone the next phase in the planned tightening of the low-emissions zone for two years, meaning cars with Euro 5 diesel engines would still be allowed in the city.

After an onslaught of criticism, the parliament asked for an advisory opinion from the Council of State on the proposed ordinance.

“By postponing the entry into force of the next phase of the low emission zone, the ordinance maker is causing a decline in the protection of the right to health protection and the right to the protection of a healthy environment,” the Council said in its opinion.

The Council urged the initiators of the postponement decision to describe the extent of the decline. If that decline remains significant, the Council advises that a "reasonable justification" also be provided.

The text of the recommendation also reminds the region that it must still respect European directives on air quality and global warming: “It is therefore recommended to explain how the intended progress in air quality and reduction of greenhouse emissions can still be achieved with other measures.”

“Postponing the next phase of the LEZ by two years cannot be done just any old way,” said Stijn Bex (Groen), whose party has been critical of the postponement from the start for reasons related to the environment and public health.

He and others are calling on the other groups in parliament to review the new system and limit the postponement to one year rather than two.