Now that the order postponing the implementation of the Low Emission Zone (LEZ) in Brussels has been overturned, the Brussels Government will issue warnings to owners of vehicles no longer allowed to drive in the Capital Region from 1 January. From April, fines will follow.
The Belgian Constitutional Court last week suspended the postponement of the next phase of Brussels' LEZ. As a result, Euro 5 diesel vehicles and Euro 2 petrol vehicles – which were initially granted a grace period until 2027 – will no longer be permitted to drive in the Capital Region, in principle.
"I want to emphasise two priorities. Firstly, we must, of course, respect the Court's decision, which guarantees our fundamental rights," said Brussels Health and Environment Minister Alain Maron (Ecolo) in a press release.
"Secondly, we must support Brussels residents by providing everyone with the necessary time and information to adapt."
The Court temporarily reinstated the 2025 deadline for the Brussels LEZ, meaning that the previously announced postponement to 2027 is suspended. Consequently, the vehicles in question have been banned (in principle) in the zone overnight.
However, Maron stressed that this situation creates difficulties for both the owners of the affected vehicles and the competent authorities, and tried to find a compromise.
Warnings, then fines
After legal review and analysis of the technical capabilities of the authorities, and to grant a reasonable period of time to vehicle owners who rightly assumed they could continue driving until the end of 2026, the outgoing Brussels Government has decided that inspections for the affected vehicles will not resume until 1 January 2026.
"Owners will first receive a warning in the event of violations. Penalties and fines will follow three months later, if the violation continues," Maron said. Owners who can demonstrate that they have a purchase order for a new, compliant vehicle (dated no later than 31 December 2025) will be exempt from a fine.
He added that the responsibility for the confusion lies with the Brussels MPs who chose to approve the text, "despite clear warnings from the Council of State regarding the legal vulnerability".
Credit: Belga/Nicolas Maeterlinck
The LEZ, Maron stressed, is "an essential tool" for protecting the health of Brussels residents. Studies have shown that air pollution causes thousands of premature deaths in Belgium every year. Children, the elderly, and people with respiratory diseases such as asthma are particularly affected.
By gradually removing the most polluting vehicles from traffic, he claims, the LEZ directly improves air quality and therefore public health. "The Constitutional Court has reaffirmed what is self-evident: everyone's right to breathe healthy air must be protected," said Maron.
The Court ruled that postponing the next phase of the LEZ from 2025 to 2027 unfairly weakened the right to health and a healthy environment, guaranteed by the Belgian Constitution.
"The LEZ is a direct investment in public health and the quality of life in our city," Maron said. "The Constitutional Court has confirmed this: we cannot afford to take a step back in protecting the right to breathe healthy air."
Information campaign
Following the outgoing Brussels Government's decision on the new timeline, the competent authorities will launch a national information campaign as soon as possible to inform citizens.
Diesel cars with Euro 5 standards are vehicles first registered between January 2011 and September 2015. Petrol Euro 2 vehicles (older than 2001) are also subject to the measure. In total, approximately 29,000 cars will be banned. Vehicles that are even older have been banned in Brussels for some time.
The government has also asked the LEZ task force (comprising the various competent authorities) to propose additional support measures.
