Legal loophole lets polluting foreign vans enter Dutch zero-emission zones unpunished

Foreign business owners driving older diesel or gasoline vans can currently enter Dutch zero-emission zones without facing automatic fines, due to a loophole in European data-sharing rules. Despite a national rollout of these environmentally focused areas, the Dutch government has so far allegedly failed to secure the legal means to penalize foreign-plated vehicles caught on camera, according to AD.

There are now 16 zero-emission zones across the Netherlands, located mainly in city centers. These zones are intended to keep polluting vehicles—such as freight trucks and aging commercial vans running on diesel, gasoline, or gas—off urban streets. In many cases, violators with Dutch license plates still only receive warning letters, although older environmental zones already issue fines. But the system reportedly remains inconsistent and incomplete, especially where foreign vehicles are concerned.

According to a letter to the Tweede Kamer this week, State Secretary for Infrastructure Chris Jansen (PVV) confirmed that European agreements currently prohibit the use of camera data for enforcing emission zone violations involving foreign plates. “Photographs of foreign vehicles can only be used for a limited set of traffic offenses,” Jansen wrote. “Breaching zero-emission zone regulations is not among them.”

The Dutch government has tried to persuade European Union institutions to adjust the rules, but efforts in Brussels have failed. The Cabinet is now pursuing separate bilateral agreements with neighboring countries. Talks with Belgium are furthest along. Jansen expressed hope that Belgium will soon agree to allow automatic fining of noncompliant Belgian vehicles.

Germany poses a more complex challenge. Under stricter German privacy laws, data may only be shared after a traffic offense has already occurred. Zero-emission zone enforcement, however, relies on identifying vehicles before they enter restricted areas.

There is no national data on how many foreign vehicles are entering the zones, but a local survey in Rotterdam revealed that about 3 percent of all vehicles in the city center carry foreign license plates.

Since these vehicles are not being fined automatically, enforcement currently falls to municipal officers, known as boa’s. But physical checks require extensive manpower. “The enforcement workload is enormous,” Jansen acknowledged.

VVD Tweede Kamer member Hester Veltman criticized the enforcement gap. “The difference in enforcement between Dutch and foreign companies is impossible to justify to entrepreneurs,” she said. “Dutch drivers will be fined while foreign vans diesel through the zones without consequence. We've raised concerns before. The state secretary doesn’t have this under control.”