Ombudsman action on Low Emission Zones and municipal compliance in Spain

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Low Emission Zones (ZBE) have become the central pillar of the national strategy to combat climate change in many Spanish cities. Yet a significant share of affected municipalities is facing delays. In response, the Ombudsman opened an ex officio case against 33 provinces because of the slow rollout of the Low Emission Zones required by the Climate Change and Energy Transition Law No. 7/2021, dated May 20.

The institution led by Ángel Gabilondo recalled Article 14 of the aforementioned law, which prescribes specific measures and deadlines. Public administrations aim to improve air quality by curbing emissions into the atmosphere. Sources indicate that municipalities with populations over 50,000 were expected to establish ZBEs by January 1, 2023, a deadline highlighted by the Ombudsman through related reporting.

Related cases filed by the Ombudsman show two main criteria. First, the scope of people affected by pollution and the extent of delay. The investigation targets municipalities with more than 50,000 residents whose councils have not begun ZBE procedures, as evidenced in cases like Aranjuez. Second, it includes municipalities with over 300,000 residents that have not yet approved the process, even as it remains in motion.

Low emission zones in Catalonia have also featured in ongoing dialogues about urban air quality and transport policies, underscoring the broad scope of the initiative across regions.

The Ombudsman added that a second set of cases concerns municipalities where steps to adopt ZBEs have been or will be reversed. The institution emphasized that it had become informed through media reports and statements from municipal bodies, environmental authorities, political representatives, or similar organizations.

Municipalities that do not comply

A total of 18 municipalities have not yet begun ZBE procedures. They include Aranjuez, Arganda del Rey, Coslada, Tres Cantos, and Valdemoro in the Community of Madrid; Arona, Granadilla de Abona, and San Cristóbal de la Laguna in Tenerife; Puerto de Santa María and Sanlúcar de Barrameda in Cádiz; Baracaldo, Calviá, Cerdanyola del Vallès, Ferrol, Mijas, Motril, Orihuela, and Telde across various regions.

Some cities started ZBE processes but have fallen behind in practice. Notable examples include Málaga, Murcia, Palma, Las Palmas de Gran Canaria, Bilbao, Alicante, and Córdoba.

Conversely, eight municipalities have suspended or revoked their efforts: Badalona, Valencia, Gijón, Valladolid, Castellón de la Plana, Lorca, Elche, and Majadahonda. In one of the cities, officials publicly asserted that there was no political will to back away from this issue, insisting that sustainable mobility projects were already in place and that ZBEs would proceed as planned.

Traffic-related pollution is recognized as a major contributor to atmospheric emissions, reinforcing the urgency of the ZBE agenda. Local governments have noted their commitment to the initiative, even as some pledge that they remain fully engaged in its implementation.

On a related note, a letter dated November 6 was sent to the Ombudsman outlining each municipality’s commitment to the creation of a Low Emission Zone. Within the plan’s framework, an aid program to support municipalities in implementing ZBEs and to promote digital and sustainable urban transport transformation has approved partial subsidies for five complementary projects. The total allocation amounts to 1,140,920 euros, funded through a Recovery, Transformation and Resilience program managed by the Ministry of Transport, Mobility and Urban Agenda.

Recently, the Ministry of Ecological Transition warned that municipalities failing to meet ZBE obligations could face the loss of substantial subsidies and other financial incentives.

Note: contact details for the environmental department have been redacted in this summary for privacy and security reasons.

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