The Council of State gives Brussels its approval for its own kilometer charge, but insists on an agreement with Flanders and Wallonia to avoid ‘discriminatory’ scenarios.
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“We must have a neutral referee, otherwise we will not reach an agreement,” said Brussels Finance Minister Sven Gatz (Open VLD) earlier in this newspaper about the kilometer charge. ‘That is why we are waiting for the advice of the Council of State.’
That advice is here now. It states that the Brussels government is indeed competent to introduce the kilometer charge. The Council does, however, insist that a cooperation agreement be concluded with the other regions. According to the advice, the Brussels-Capital Region must do everything it can to ‘prevent or at least limit possible discriminatory situations as much as possible.’
Brussels has long been in favor of the kilometer charge in order to tackle the traffic jam in the streets. However, it encountered Flemish and Walloon resistance. Under current plans for the charge, cars registered in Brussels would be exempt from road taxes. But an employee from Antwerp who works in Brussels would have to pay twice: a road tax and a kilometer charge. The system can also promote inequality for residents of Brussels. A nurse who often works overtime and has to work extra shifts is more dependent on his car than someone with more regular working hours.
No solo smart
This advice does not necessarily prevent Brussels from getting stuck: the regions can still invoke a conflict of interest. The Consultation Committee (in which all governments sit) must then make the decision within sixty days. That timeline is ambitious: it took ten years to reach an agreement on a similar tax for trucks.
The Brussels government will take a position on the advice, says Gatz. ‘At the same time, it will resume consultations with the other regions and the federal government within the Consultation Committee, as it has always done and will continue to do in the past.’
An important question remains who will bear the costs. “We will have to open and reopen that internal discussion,” it sounded in October. During the discussion about a new climate plan, the Flemish government once again made an opening to introduce a kilometer charge. A preliminary investigation must find out the feasibility. The next government may then be able to judge.
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