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Date: October 28, 2024
Inés Platini
By Inés Platini
Spain
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Low Emission Zones are “an absolute disaster”: Is a sanctioning regime the solution?

To date, no island has implemented a Low Emission Zone, and of the 151 cities required, only 24 have formally declared them. More than 100 are in the planning stages, while 13 have declared themselves in defiance. Below, Carlos Bravo, environmental consultant, analyses the current state of the regulation.
Low Emission Zones are "an absolute disaster": Is a sanctioning regime the solution?

Almost two years after the Low Emission Zones (LEZ) came into force, more than 70% of Spanish cities have not yet implemented them.

In this regard, Carlos Bravo, environmental consultant, tells Mobility Portal“In Spain they are a real disaster.” 

The Climate Change and Energy Transition Act, passed in May 2021, stipulated that all municipalities with more than 50,000 inhabitants, as well as islands, must implement LEZs by 1 January 2023. 

According to the expert, to date no island has complied with the obligation and of the 151 affected cities, only 24 have formally declared their LEZ. 

Carlos Bravo, environmental consultant.

But in addition to these data, Bravo stresses that the quality and usefulness of those already implemented leaves much to be desired. 

“Some are so ridiculous that they are simply there to comply with the law,” he notes. 

And he explains: “In some cases, they are limited to pedestrian areas where there were no cars in circulation.” 

This makes them insufficient to achieve the emissions reduction targets that, in theory, justify their existence.

This is because, even though they are operational, they are not having any real impact on improving air quality.

Meanwhile, nearly 100 cities are in the process of creating their LEZs, but they still do not have a concrete plan or defined dates for their implementation. 

“What we see here is a lack of commitment. Cities are delaying an obligation that should have been fulfilled a long time ago,” he stressed. 

In this context, 13 cities have openly declared themselves in rebellion, refusing to implement any type of LEZ. 

Arganda del Rey is an example.

Recently, the new mayor Alberto Escribano said: “We have not implemented a Low Emission Zone and we do not plan to implement one.”

Failure to comply with these obligations highlights a weakness in the regulations. 

“The problem here is that not complying with the law is not a criminal offense,” Bravo explains. 

Although the Climate Change Law requires the creation of LEZs, there is no sanctioning regime that penalizes municipalities that do not do so. 

“If there are no real consequences for non-compliance, what incentive do cities have to do so?” the consultant insists.

This year, the government has shown some willingness to act, threatening to withdraw state aid for public transport from municipalities that do not implement their ZBEs. 

So far, that seems to be the only measure. 

“What we really need is for the state to take cities that refuse to comply to court,” he suggests.

According to Bravo, the administration has the capacity to file administrative appeals to force metropolises to comply with their legal obligations. 

However, this has not happened so far.

And this is not the only criticism of Low Emission Zones

In addition to the lack of a sanctioning regime, Bravo points out that the regulations are too lax in terms of the minimum criteria that the LEZs must meet. 

Royal Decree 1052/2022, which regulates these zones, is too weak, it does not establish clear requirements or effective measures to ensure that the LEZs actually reduce emissions of polluting gases,” he says. 

Given this situation, the consultant and 15 other organizations have submitted a proposal to amend the Sustainable Mobility Act, which is currently being processed.

The aim is to amend the Royal Decree and establish a clear and mandatory sanctioning regime. 

We need to have economic sanctions for cities that do not comply. Only then will they be forced to act,” he states.

It also proposes that minimum criteria and requirements be included to ensure that LEZs are effective throughout the country. 

It is important to note that Low Emission Zones are not just a legal issue, but a measure to protect citizens’ health and reduce pollution. 

“If they are not implemented properly, we are missing a key opportunity to improve air quality in our cities,” he says.

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