At the end of November, the Flemish Government decided not to proceed with the planned tightening of the low-emission zones (LEZ). Bond Beter Leefmilieu, Dryade, Gents MilieuFront and Recht op Lucht are challenging the Flemish Government’s decision and are bringing the case ‘Clean air. Fairly regulated.’ before the Council of State. This government decision constitutes a culpable omission and infringes upon the right to a healthy living environment.
The low-emission zones in Antwerp and Ghent have contributed to healthier air and a better quality of life for everyone in recent years. Studies show that concentrations of soot particles and particulate matter have fallen at an accelerated rate within the low-emission zones. The next phase of the low-emission zone would ban diesel cars meeting Euro 5 standards – the so-called ‘cheat diesel’ vehicles – and petrol cars meeting Euro 2 standards, thereby achieving a significant reduction in nitrogen dioxide (NO2).
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Clean air is a fundamental right
By simply reversing the tightening of the LEZ, the Flemish Government is jeopardising the health of hundreds of thousands of Flemish people. Simulations by the Flemish Environment Agency also clearly show that without the LEZ, we will not meet European air quality standards by 2030. Air pollution is responsible for many thousands of premature deaths each year and countless chronic conditions, such as asthma and cardiovascular disease. The LEZ is a tool that saves lives, but only if it is rolled out in full and not halted halfway through.
So far, the improvements in air quality brought about by the LEZ have mainly concerned particulate matter and soot particles. The next phase will focus primarily on reducing nitrogen dioxide (NO₂). The health impacts associated with nitrogen dioxide (NO₂) are evident from the following studies and figures:
- According to Sciensano, nitrogen dioxide (NO₂) has a causal link with five diseases, including cardiovascular disease, chronic respiratory diseases and diabetes.
- An initial study carried out in Antwerp has revealed a very strong correlation between air pollution (NO₂) and RSV (or ‘respiratory syncytial virus’, which causes a respiratory infection that is very common in infants).
- According to Sciensano, air pollution caused by nitrogen dioxide (NO₂) was responsible for 2,901 deaths in 2021, accounting for 2.6% of all deaths in Belgium.
Lower levels of nitrogen dioxide therefore mean fewer children with asthma and RSV, fewer hospital admissions and less pressure on the healthcare system. The Constitutional Court had previously ordered the Brussels Government to implement the planned next stages of the LEZ. Furthermore, the Council of State also issued a highly critical opinion on this decision.
It is incomprehensible that the Flemish Government is actually going ahead with this decision. It is ignoring a clear ruling by the Constitutional Court on a very similar decision in Brussels. With this decision, Flanders is putting the health of hundreds of thousands of Flemish people at risk.
Fairly organised – clean air with support
The poorer neighbourhoods are hardest hit by the scaling back of this necessary policy. Around half of the households in these neighbourhoods do not own a car, yet they are the ones paying the price with their own health. Not everyone can simply go out and buy another car. That is why the next step in tightening the low-emission zone must also take the social aspect into account for the residents of Antwerp and Ghent..
Supporting measures are needed to assist residents and businesses affected by the introduction of the low-emission zone. This could take the form of targeted support for low-income families, such as a grant or a mobility budget. Further tailored measures are needed for essential professions, such as healthcare workers, and for essential travel. Better alternatives in the form of public transport, shared mobility and safe cycle routes are urgently required. These alternatives must be implemented not only within the city but also between the city and employment and commercial hubs outside the city. Finally, transition support must be provided for small self-employed people with older delivery vans.
Breach of the standstill principle
Announced policies to improve air quality remain a dead letter. For example, the framework agreement on zero-emission urban logistics was never translated into policy, and the exemption from road tax for zero-emission vehicles was abolished. The Flemish Government announced the new Air Quality Policy Plan for the end of 2025, but it has not yet been published. Furthermore, once the Air Quality Policy Plan is in place, resources will need to be found to implement it. This will take time.
Scrapping the planned stricter measures without offering an alternative represents a clear step backwards for environmental protection. Furthermore, this decision puts Flanders at risk of failing to meet the stricter European air quality standards, which come into force in 2030.
By reversing a settled policy just two weeks before it is due to come into force, the Flemish Government is itself creating legal uncertainty. This is a prime example of poor governance. Instead of flip-flopping on policy, the Flemish Government must adhere to its own legislation on air quality.
By calling for this decision to be overturned, the coalition is sending a clear message: as a government, you cannot treat air quality and the health of your residents with such disregard. Only by gradually strengthening the low-emission zone, backed up by robust social policies, can we ensure a healthy living environment for everyone.
Crowdfunding
Legal proceedings cost money. Therefore, the organisations are launching the crowdfunding "Healthy Air. Fair Regulation". They are convinced that the people of Ghent and Antwerp prioritise the importance of their health and that of their children. With the crowdfunding "Healthy Air. Fair Regulation." The organisations are aiming for a total of 10,000 euros to cover the costs.
