I. – Within the meaning of the third paragraph of I of article L. 2213-4-1, an agglomeration is an urban unit as defined by the Institut national de la statistique et des études économiques.
II. – The obligation to introduce a mobility low emission zone in agglomerations of more than 150,000 inhabitants provided for in the third paragraph of I of Article L. 2213-4-1 is waived where it is demonstrated, at least three years out of the last five, by measurements carried out or by modelling in accordance with article R. 221-3 of the Environment Code that annual average concentrations of nitrogen dioxide (NO2), are less than or equal to 10 μg/m3:
– at all fixed air quality measurement stations in the conurbation;
– or for at least 95% of the population of each commune in the conurbation.
III. – The authorities responsible for the application of Article L. 2213-4-1 are not required to establish a low-emission mobility zone referred to in the third paragraph of I of Article L. 2213-4-1 when they demonstrate by means of a modelled assessment, no later than eighteen months before the deadline for compulsory introduction, that the measures put in place make it possible to achieve the concentrations of nitrogen dioxide mentioned in II for the whole of the conurbation or for at least 95% of the population of each municipality in the conurbation, within a shorter timeframe or one similar to that resulting from the introduction of a mobility low emission zone. This assessment is sent to the Prefect for his opinion, and amended if necessary to take account of this opinion.
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