Question 35701 — advertising

Summary

Mr. Hervé Pellois draws the attention of the Minister of Ecological Transition to compliance with the legislation concerning illegal advertising displays. The provisions of Title VIII (“Protection of the living environment”) of Book V (“Prevention of pollution, risks and nuisances”) of the environmental code setting the rules applicable to advertising, signs and pre-signs are far from being respected, despite a strengthening of administrative sanctions in the event of non-compliance with the latter, a first time in 1995, with Law No. 95-101 of February 2, 1995 relating to the strengthening of environmental protection, known as the Barnier law, and a second time in 2010, with Law No. 2010-788 of July 12, 2010 establishing a national commitment to the environment. Recently, the deadline given to offenders put on notice by the competent authority in matters of police to comply with the law, which was, since 1995, 15 days, was reduced to 5 days by Law No. 2019-1461 of December 27, 2019 relating to local commitment and proximity to public action. It turns out that, despite these successive reinforcements, the number of offenses remains considerable. This situation leads certain associations, despite the pain and cost of such procedures, to take legal action before the administrative courts. This is how the Paysages de France association, which, for almost thirty years, has been striving to ensure that the texts governing outdoor advertising, signs and pre-signs are respected, has had to refer no less than 28 different administrative courts to enforce the law. Nevertheless, for several years, the Ministry of Ecological Transition has appealed decisions that ruled in favor of the association. Also, he would like to know the reasons which push the Government to cancel the decisions taken on the basis of the environmental code.

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