I. – In order to combat air pollution, low mobility emission zones may be created in conurbations and in areas for which an atmospheric protection plan has been adopted, is being drawn up or is under review pursuant to article L. 222-4 du code de l’environnement, by the mayor or by the president of a public establishment for inter-communal cooperation with its own tax system when the latter has the power to police traffic, on all or part of the territory of the municipality or the public establishment for inter-communal cooperation.
The introduction of a low-emission mobility zone is mandatory before 31 December 2020 when the air quality standards mentioned in article L. 221-1 of the same code are, according to criteria defined by regulation, not regularly complied with within the territory of the municipality or the competent public establishment for inter-municipal cooperation with its own tax system. From 1 January 2021, the introduction of a low-emission mobility zone is also compulsory, within a period of two years, when the air quality standards mentioned in the same article L. 221-1 are not complied with on a regular basis, in the light of criteria defined by regulation, within the territory of the municipality or of the competent inter-municipal public cooperation establishment with its own tax authority, and when land transport is the cause of a preponderant proportion of the exceedances. A decree shall specify the conditions for the application of this paragraph, in particular the procedures for derogating from this obligation, taking into account the small proportion of the population exposed to exceedances of air quality standards or the alternative actions put in place in order to comply with these standards within shorter timeframes than those resulting from the establishment of a low mobility emission zone.
The introduction of a low-emission mobility zone is mandatory before 31 December 2024 in all conurbations with more than 150,000 inhabitants located in mainland France.
For the application of the third paragraph of this I, the list of municipalities included in these conurbations is set by joint order of the ministers responsible for the environment and transport. This list is updated at least every five years.
The obligation to set up a low-emission mobility zone in application of the same third paragraph is met on the territory of the conurbation when, where applicable, the president of the public establishment for inter-communal cooperation with its own tax system whose population is the largest within the conurbation has set up a low-emission mobility zone covering most of the population of the public establishment.
A decree shall specify the conditions for the application of the said third paragraph, in particular the procedures for derogating from the obligations for legitimate reasons or in the case of alternative actions put in place and leading to effects similar to those of the creation of a low-emission mobility zone.
II. – Low emission mobility zones are delimited by an order which sets out the traffic restriction measures applicable, determines the categories of vehicles concerned and specifies the legitimate reasons for which individual exemptions may be granted. The inclusion of roads in the national public highway domain or roads in the departmental public highway domain located outside built-up areas in low-emission mobility zones is subject to the agreement of the representative of the State in the department and the president of the departmental council, respectively, on the restriction measures that are to be applied. Vehicles circulating in a low emission mobility zone are subject to identification based on their contribution to limiting air pollution as provided for in article L. 318-1 of the Highway Code.
The decree specifies the duration for which low-emission mobility zones are created.
The restriction measures set by the order are consistent with the emission reduction targets set by the atmospheric protection plan defined in Article L. 222-4 of the Environment Code.
III. – The draft order, accompanied by a study presenting the purpose of the restriction measures, justifying their necessity and setting out the environmental and health benefits expected from their implementation, particularly in terms of improving air quality and reducing the population’s exposure to air pollution, as well as the socio-economic impacts expected at the scale of the urban area, is made available to the public under the conditions provided for in the article L. 123-19-1 of the Environment Code and submitted for opinion, by the competent authority, to the authorities organising mobility in and around the zones, to the municipal councils of neighbouring municipalities, to road managers, and to the consular chambers concerned. On expiry of a period set by the decree provided for in V of this article, this opinion is deemed to be favourable.
When a low-emission mobility zone project covers the territory of several local authorities, this project may be the subject of a single study and a single public participation procedure.
The study carried out prior to the establishment of a low emission mobility zone may be repeated when it is planned to extend the measures adopted to all or part of the territory of another neighbouring municipality or local authority, providing the information justifying this extension and, where applicable, the information required to update the initial study.
The provisions of this III do not, however, apply where the establishment of a low mobility emissions zone constitutes one of the measures of the action plan for the reduction of emissions of atmospheric pollutants of the territorial climate-air-energy plan provided for in 3° of II of Article L. 229-26 of the Environment Code and that the restrictions envisaged have, for the most part, been the subject of the study provided for in the second paragraph of the same 3°.
The creation of a low mobility emission zone is accompanied by a local information campaign lasting at least three months. This campaign informs the public of the controlled perimeter and the traffic restrictions implemented. It also sets out the alternatives to individual car use within the controlled perimeter, in particular the public transport offer, including transport on demand.
IV. – The authority responsible for issuing the order shall assess its effectiveness on a regular basis, at least every three years, with regard to the expected benefits, and may amend it in accordance with the procedure set out in III of this article.
V. – After consulting the representatives of the professional categories concerned, a decree in the Conseil d’Etat shall specify the procedures for applying this article, in particular the categories of vehicles, including public passenger transport vehicles, which may not be prohibited from circulating in a low mobility emission zone, as well as the procedures under which individual exemptions from the restriction measures may be granted.
VI.-In low mobility emission zones made mandatory pursuant to the second paragraph of I, the competent authority shall take measures to restrict the circulation of motor vehicles built for the transport of people or goods with a total authorised laden weight of 3.5 tonnes or less and having at least four wheels.
In application of the first paragraph of this VI, when the air quality standards mentioned in article L. 221-1 of the Environment Code are not regularly respected in these zones with regard to the criteria mentioned in the second paragraph of I of this article, the restrictive measures prohibit the circulation of the following motor vehicles built for the transport of persons with a total authorised laden weight less than or equal to 3.5 tonnes and with at least four wheels:
1° No later than 1 January 2023, diesel and similar vehicles with a date of first registration prior to 31 December 2000 and petrol and similar vehicles with a date of first registration prior to 31 December 1996;
2° No later than 1 January 2024, diesel and similar vehicles with a date of first registration prior to 31 December 2005;
3° No later than 1 January 2025, diesel and similar vehicles with a date of first registration prior to 31 December 2010 and petrol and similar vehicles with a date of first registration prior to 31 December 2005.
For the purposes of this article, the words “diesel and similar vehicles” refer to diesel-powered vehicles and vehicles combining electric and diesel power. Petrol and similar vehicles” refers to vehicles powered by petrol or a combination of petrol and electric power.
The restrictive measures made compulsory pursuant to this VI do not apply to vehicles whose equivalent range in all-electric mode in town is greater than fifty kilometres.
VII.-In low mobility emission zones made compulsory in application of the second paragraph of I or in conurbations or in the zones mentioned in the first or third paragraphs of the same I or concerned by the exceedances mentioned in the second paragraph of said I, the competent authority shall ensure the deployment and installation of the charging infrastructures for electric vehicles required to comply with traffic standards.
The competent authority is in particular responsible for devising, in consultation with all stakeholders, a master plan for the development of charging infrastructures provided for in article L. 353-5 of the Energy Code. This master plan takes into account the specific technical features of each terminal and, where applicable, the financial compensation for the technical difficulties associated with them.