The Council of State technically agreed on Wednesday, on the merits, with the environmental associations which demanded the implementation of this measure this year, but in fact, the decision does not oblige the State to immediately put in place the technical control. Here’s why.
In 2014, the European Commission introduced the obligation for all countries of the union to institute a technical inspection for motorized two-wheelers, by January 1, 2022 at the latest.
In the middle of the summer of 2021, the French government had ended up publishing a decree establishing it for all holders of two-wheelers over 125 cm3, choosing as the date of entry into force at the beginning of 2023.
First twist, Emmanuel Macron had immediately assured that he would never apply this decision because “it was not the time to bother the French”, according to an adviser to the executive. Transport Minister Jean-Baptiste Djebbari had therefore suspended it by decree.
Associations had then seized the Council of State so that the government applies it as quickly as possible, and the Council of State had given them reason in summary, in urgency, in May, enjoining the executive to apply it as of. .. October 2022.
On Tuesday, the government had finally drawn a final line on the very idea of imposing technical control on motorcycles, announcing that it would favor “alternative measures” such as awareness campaigns, the improvement of infrastructure or a strengthening of standards. approval.
The new Minister Delegate for Transport, Clément Beaune, assured that these measures could “effectively achieve the safety, environmental and nuisance reduction objectives defined at European level”.
– Two illegal decrees –
But a new episode played out on Wednesday, the Council of State ending up ruling, at its own pace, on the merits of the case.
In a decision taken before the government announcement on Tuesday but announced only on Wednesday, he deemed the two decrees issued in August 2021 illegal: the first which aimed to postpone the entry into force of the technical control to January 2023, and the second which suspended the measure.
Certain provisions of the decree of August 9, 2021 “leading to the postponement of the application of the technical inspection of motorized two-wheelers to January 1, 2023” disregarded “the deadline of January 1, 2022 set” by the Parliament and the European Council, according to the Council of state.
The decision of the former Minister of Transport was also illegal, ruled the Council of State, because it fell under the Prime Minister.
The decision of the Council of State, although concerning two decrees already repealed, is “clear”, nevertheless estimated Wednesday Me Camille Mialot, the lawyer for the associations Respire, Ras le Scoot and Paris without a car. “The government must implement technical control immediately to comply with European law. Procrastination and government reversals are no longer appropriate,” she said.
The associations denounced a harmful retreat for air quality but also safety and noise pollution. Respire and Ras le Scoot have therefore announced that they will file an appeal against the outright repeal by the government of technical control.
The politico-legal soap opera of technical control has therefore not yet reached its last act.