Gasoline cars may enter the Rotterdam environmental zone again.

The municipality of Rotterdam may NOT ban petrol cars from before 1 July 1992 from the Rotterdam environmental zone for the time being. This is apparent from a ruling by the preliminary relief judge of the Administrative Jurisdiction Division today (11 October 2017). In the environmental zone, the municipality has imposed a ban on diesel cars from before 1 January 2001 and petrol cars from before 1 July 1992 in the area north of the Nieuwe Maas within the Ring. The judgment of the judge in preliminary relief proceedings only concerns the petrol cars and not the diesel cars. Gasoline cars can therefore enter the Rotterdam environmental zone again.

Decision of the court

The ruling by the preliminary relief judge is a follow-up to an earlier ruling by the Rotterdam District Court in June of this year on the environmental zone. In it, the court ruled that petrol cars from before 1 July 1992 can no longer be banned from the environmental zone. In the opinion of the court, the municipal administration had "not made it plausible that these vehicles together account for a disproportionately large proportion of nitrogen dioxide emissions". Keeping those cars out of the environmental zone has such detrimental consequences for these car owners that the consequences of these are "disproportionate" for the purpose of the environmental zone.

Revoke traffic decree

The court therefore revoked the decision for the old petrol cars. It ruled out that the municipal administration could take a decision with the same effect for petrol cars and therefore decided that the municipal administration was not required to do so. However, the city council took a new decision on 1 August this year. In doing so, it again decided to ban petrol cars from before 1 July 1992 from the environmental zone.

New decision

In the new judgment, the judge in interlocutory proceedings of the Administrative Jurisdiction Division rules that the municipal administration has acted incorrectly. Rotterdam is accused of again "having made a decision to the same effect". In the opinion of the court there are no possibilities for this. The municipal administration is bound by that judgment of the court. Moreover, because it is a radical measure for residents of Rotterdam, who live in the environmental zone and can no longer reach their home with their old petrol car, the judge in preliminary relief proceedings in the Administrative Law Division suspended the new decision of the municipal administration. Until a definitive decision has been made in this case, petrol cars from before 1 July 1992 may re-enter the Rotterdam environmental zone.

Municipality of Rotterdam not happy

The municipality of Rotterdam responded. “Of course we are disappointed with this statement. Old gas cars are extremely polluting. They also contribute more than 20% to the reduction of NOx emissions. Keeping this group away is very important for Rotterdam's healthy air. Very recently, a judge in the case of Environmental Defense against the State ruled that the limit values ​​must be met everywhere in the shortest possible time. Keeping away the old gasoline cars would help, but that is not allowed now.

Findings by the municipality are at odds with TNO results

According to the Rotterdam Classics Foundation, the findings of the municipality are at odds with the research results of TNO and others. "The judge also relied on that." Incidentally, the municipality of Rotterdam hopes to be proved right through a substantive procedure. As stated, the decision of the court regarding the admission of petrol cars into the environmental zone can be reversed.

Eindhoven: no environmental zone

In the meantime, it became clear in Eindhoven that the city council - unlike Rotterdam - does not see an environmental zone for cars and vans. Milieudefensie and a number of left-wing parties want such a zone to be created. Many residents would suffer from health problems due to poor air quality. But a majority of the city council does not like an environmental zone. In any case, it seems to recognize that environmental zones do not contribute to improved air quality.