Extended low-emissions fines in Brussels postponed yet again

The Brussels government has delayed plans to start fining drivers of vehicles that no longer meet extended low-emissions zone (LEZ) rules from 1 April.

Drivers of Euro 5 diesel cars and Euro 2 petrol cars in Brussels will not be fined, as the government found the deadline following the Council of State’s ruling that the policy should go ahead and the coalition agreement on 13 February too short.

“Cancelling the fines means the Low Emission Zone (LEZ) becomes a hollow shell,” said Pierre Dorniere, director of Les Chercheurs d’Air.

“It harms the health of Brussels residents, particularly those most vulnerable to air pollution, such as children and disadvantaged groups.

"This situation shows that, unfortunately, the health of Brussels residents is not a priority for the regional government."

The tightening of the LEZ restrictions had been planned for years, but then a postponement was implemented and threw the matter into chaos until the Council of State struck it down, citing laws against any legislation that would cause harm to public health.

Parties against the ban say it places an undue burden on families for whom buying a newer, less-polluting car is expensive.

But parties in favour point out that the restrictions came with many years of notice and offers of government assistance in switching to a cleaner car, and that Brussels is one of the most-polluted European cities when it comes to air quality.

Joost Kaesemans, spokesperson for motorists' association Touring, who lives just outside Brussels, drove a Euro 5 diesel car and a Euro 2 motorbike into Brussels via major avenues equipped with ANPR cameras recently to test if the fines had come into practice.

“I never received a warning letter, which led me to suspect that the Brussels region was not operationally ready,” said Kaesemans.

“The deadline turned out to be too short. It’s a shame that it’s turning into a mess again. That makes it unclear for the consumer.”

Kaesemans has no issue with the proposed monthly fine of €80, as set out in the coalition agreement, for those who do not purchase an annual pass costing €350.

“That also takes into account people who only drive into Brussels sporadically,” Kaesemans said, adding that the region should review the entire timeline for the phased introduction of the LEZ from 2018.

“That dates back to before Covid and before the rise of electric cars. These are factors that warrant a new analysis of the schedule. It’s now also clear that cars with combustion engines will still have economic value after 2035.”

For Tim Cassiers of the city association BRAL, the fact that there is still no formal decision from the government is not surprising.

“We’re not surprised because we know how these discussions go, but we are surprised that it’s such a mess. A tool like the low-emission zone, which is a long-term commitment to health, really doesn’t benefit from this,” says Cassiers.

Cassiers criticised the uncertainty around the issue “both for the people who were hoping that air quality would improve for their health, and for those who ultimately have a car that complies, or does not comply, or people who have got rid of a car and now feel like victims”.

The fines were originally due to come into effect from 1 January, but the previous Brussels government introduced a three-month transition period.

Now, the debate over the LEZ rules coming into force on 1 April is dragging on within the Dilliès government and causing further delays.

The new government is drawing up a LEZ framework that is due to come into force from 2027. This is based on three pillars - an annual pass costing €350, a social tariff of €200 for low earners and a monthly fine of €80. Brussels is taking its cue from the LEZ models in Ghent and Antwerp.

There is support for the proposal by state secretary Ans Persoons (Vooruit) and finance minister Dirk De Smedt (Anders) to introduce the annual pass at €350 from next week, but there is still no agreement on which vulnerable groups should be excluded from paying.

The question now is what the new transitional phase will look like. The Dilliès government wants to apply the principles from the coalition agreement as fully as possible from the transitional period between 1 April and the end of the year, but has not yet reached an agreement on the details.

Persoons is working with De Smedt on a proposal whereby owners of the affected vehicles will not pay a fine from 1 April, but will instead pay a one-off sum of €350 to be able to drive around Brussels without worry for the rest of the year. The governing parties are more or less in agreement on that principle.

Certain vulnerable groups, however, would not have to pay anything. The discussion currently taking place among the governing parties concerns exactly which groups will be exempt - only those receiving increased benefits, or other categories as well.

Bruzz reports that the Groen party wants to keep the groups eligible for an exemption from 1 April as limited as possible, while the PS party takes a different view.

If the proposal by Persoons and De Smedt is approved, the Council of State would have to rule on it via an urgent procedure.

In the meantime, De Smedt indicated that no fines will be issued until a legal framework is in place. Its implementation will be preceded by an awareness campaign.