Council of State to examine proposal to cut low-emissions fines

A proposal from the MR party to reduce the amount of fines for non-compliance with low-emission zone (LEZ) restrictions will be submitted to the Council of State for its opinion.

Since 1 January, Euro 5 diesel and Euro 2 petrol vehicles have been banned from Brussels, with an estimated 30,000 motorists affected.

From 1 April, these motorists will face quarterly fines of €350, following a Constitutional Court decision at the end of September to overturn a two-year postponement voted on at the end of 2024, on the grounds that the postponement negatively impacted public health in the heavily polluted Belgian capital.

The MR party, which was behind the overturned postponement, is now looking to postpone the application of penalties by three more months and to significantly reduce their amounts: €15 for the first two months, €25 from the third to the sixth month, and €50 thereafter.

Currently, fines amount to a maximum of €1,400 per year. Under the MR proposal, the maximum would eventually become €600 per year.

The proposal also calls for a one-month grace period without fines, to give motorists extra time to adapt to the new rules, even though the tightening of the LEZ zone has been planned and publicised for years, and the grace period was already extended by a full year.

The lower fines would only apply to the most recent category of banned vehicles, "because they contribute less to air pollution", according to Gaëtan Van Goidsenhoven (MR).

Stijn Bex (Groen) said the MR proposal “amounts to virtually abolishing fines” and would complicate the system.

MR tried to push its proposal into discussion last week but several parties called the move inappropriate and against the rules, as many other resolutions have been waiting for months.

“Rushing to introduce new rules could lead to legal uncertainty again,” said Bex.

“We must avoid that. Moreover, we see no need to change the penalty system. Motorists have already been given an extra year’s reprieve.”

The Council of State has 30 days to examine the proposal and issue an opinion, though the MR party had originally insisted they rush to issue an opinion within just five days.