New mentions for car advertising from March 1, 2022


INSIGHT
Published
Jan 12th '22
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This beginning of the year 2022 is marked by many new features in automobile advertising, resulting from the publication of the texts of application of the laws n ° 2019-1428 of December 24, 2019 of orientation of mobility known as “LOM” (article 75) , and n° 2021-1104 of August 22, 2021 known as the “Climate and Resilience Law” (article 7) .

 

New statements and information to be inserted in advertisements are thus made mandatory, all applicable on March 1, 2022 with, however, for the implementing texts of the LOM, a sanction regime which comes into force on June 1, 2022.

 

This information to be included is of two types:

 

  • on the one hand, a set of 3 messages to be broadcast alternately promoting active or shared mobility or public transport;
  • and, on the other hand, the label relating to the CO2 emissions of a motor vehicle.

 

Concerning messages relating to active, shared mobility or public transport.

 

1.1 Scope
1.2 Methods of formulation
1.3 Methods of presentation
1.4 Penalties
2. Concerning the label relating to the carbon dioxide emission class of vehicles (CO2 label)
2.1 Field of application
2.2 Graphic terms of the visual to be inserted
2.3 Terms of insertion
2.4 Sanctions

 

Concerning messages relating to active, shared mobility or public transport

The obligation to include these messages comes from article 75 of law n ° 2019-1428 of December 24, 2019 on the orientation of mobility , supplemented by decree n ° 2021-1841 of December 28, 2021 relating to the promotion active or shared mobility or public transport in advertising messages in favor of motorized land vehicles (relating to the scope), and an order of December 28, 2021 issued for the application of Article D. 328-3 of the Highway Code (relating to the methods of presentation of messages) and a second decree n° 2021-1840 of December 28, 2021 relating to advertisements in favor of motor vehicles (relating to the methods of the sanction).

 

Scope

These messages must be inserted in any advertising “in favor of the sale or long-term rental” of passenger vehicles as defined by 5° of article 1007 of the general tax code  (with the exception of vehicles with wheelchair-accessible special uses) or motor vehicles with two, three or four wheels of category L ( New article D.328-1 Highway Code ). Advertising inside and outside sales outlets is covered.

 

The media concerned are the following: advertising correspondence intended for individuals, printed advertising material distributed to the public, posters, the press, advertising broadcast in cinemas, issued by television or radio broadcasting services and by means of communication to the public in line.

 

Are nevertheless excluded from the scope, financial or recruitment advertising, sponsorship, patronage, institutional communications by way of publication or on dedicated sites ( New article D.328-2 Highway Code ).

 

Formulation modalities

The wording of the messages and the hashtag signature , to be repeated identically (including respect for upper/lower case letters) without possible modification, is as follows:

 

  • “For short journeys, favor walking or cycling #SeDéplacerLesPolluer”
  • “Think about carpooling #SeDéplacerLesPolluer”
  • “On a daily basis, take public transport #SeDéplacerLesPolluer”

 

These formulations are used within each advertising campaign in such a way as to guarantee, by type of advertising medium, the regular appearance of each of them and to ensure fair turnover during distribution, with a tolerance of more or less 10 % .

 

It should be noted that the radio medium is not concerned by the need to insert the signature “#SeDéplacerMoinsPolluer”.

 

Presentation methods

All the media concerned must feature the message/signature couple in an easily readable or audible manner (in the case of radio and online communication services in audio format) and clearly distinguishable from advertising or other mandatory information ( in writing: not attached to the latter, for example).

 

Beyond these general rules of presentation, certain media are concerned by specific methods of presentation:

 

    • On radio : The message must be pronounced immediately after the advertising content. In addition, the signature #SeDéplacerLesPolluer does not have to be inserted.
    • In TV/SMAD and in the cinema : It is planned to be inserted in a fixed horizontal space that is easily identifiable and distinct from any other mandatory mention, an exposure time “allowing it to be read in full” as well as a presentation that complies with the rules and practices. best practices in the profession, and in particular the ARPP’s (Autorité de Régulation Professionnelle de la Publicité) “Mentionings and cross-references” Recommendation.
    • Concerning printed matter (posters, press, leaflets, etc.) and digital screens in fixed image : The message/signature couple must be inserted in a reserved horizontal space, easily identifiable and distinct from any other mandatory mention (e.g.: dedicated banner) of a size of at least 7% of the advertising surface. Note that if several advertisements appear on the same page, the message/signature couple may be mentioned only once within a single banner, respecting this reference value of 7% of the page. If a set of advertising or promotional documents is produced by a single advertiser, only one of the three messages provided (accompanied by the signature) is sufficient if it is inserted in such a reserved space of 7%, on the first or last page of the document. global.
    • In advertising distributed via online public communication services : The message must be accessible when viewing the advertisement. If the format chosen for the broadcast of the advertisement allows it, the presentation requirements to be respected will be those most appropriate among the specificities set out above (still image, audiovisual content, etc.).

Penalties

A procedure penalizing breaches of these obligations has been introduced ( New article R.328-4 of the Highway Code , created by Decree No. 2021-1840 of December 28, 2021 relating to advertising for motor vehicles ). The Minister responsible for transport will first ask the advertiser to present his observations in writing on the grievances made against him, then, if necessary, will give him formal notice to comply with the said obligations within a period that he determined.

 

In the event that the advertiser does not comply with the formal notice within this period, a financial penalty may be imposed. The amount of the latter will depend on the importance, frequency and duration of the breach, the type of support and the situation of the advertiser.and may reach up to €50,000 per broadcast, then be increased to €100,000 per broadcast in the event of another breach of the obligation.

 

Finally, it should be noted that these sanctions may be made public and subject to full jurisdiction appeal.

 

This sanction system will come into effect on June 1, 2022.

 

Regarding the label relating to the carbon dioxide emission class of vehicles (CO2 label)

The obligation to include this label is established by Article 7 I- 3°/ of Law No. 2021-1104 of August 22, 2021 known as the “Climate and Resilience Law” and codified in Article L.229-64 of the Environmental Code , all supplemented by Decree No. 2021-1840 of December 28, 2021 relating to advertising for motor vehicles (relating to the scope) and an order of December 28, 2021 taken for the application of article R.229-105 of the Environmental Code (relating to the methods of presentation of the label).

 

Scope

The label in question must be inserted in any advertisement for a passenger car within the meaning of 1.4 of Article R.311-1 of the Highway Code . All media are concerned ( new article R.229-104 of the Environmental Code ) except radio media ( Article L.229-64 I.- 3°/ ).

 

Graphic modalities of the visual to be inserted

The label must use the graphic methods provided for in the appendix to the order, reproduced below.

 

 

It must thus:

 

  • Inscribe in a square whose sides are equal to D; D being equal to (L+H)/18;
  • Take up the set of 7 colored arrows corresponding to the 7 classes of CO2 emissions;
  • Insert the CO2 emission rate in the arrow concerned, which must be twice as high as the other arrows and as long as the longest one (arrow G).

 

The CO2 emission rate of the vehicle in gCO2/km must therefore appear in the arrow concerned by the classification of the vehicle and be written:

 

Insertion methods

All of the media concerned must include these messages in an easily readable and clearly distinct manner from the other mandatory information.

 

Beyond these general rules, certain media are affected by specific insertion methods:

 

  • On TV/SMAD, in the cinema and via online public communication services : an exposure time “allowing full reading” of the label is provided for, with regard to the rules of the profession and in particular the Recommendation « Mentions et references » of the ARPP .
  • For advertisements in the form of a fixed image on the printed matter of article 8 of the decree of April 10, 2003 (namely, technical manuals, brochures, advertising in newspapers, magazines and specialized journals and posters): in the event that several vehicles are put forward, a label must be able to be associated in a clear and unequivocal manner with each of them.

Penalties

This obligation to include the CO2 label is sanctioned in the event of a breach by a fine of €20,000 for a natural person and €100,000 for a legal person ( Article L.229-65 of the Environmental Code).

 

These amounts may be increased up to the full amount of the expenditure devoted to the illegal operation. The amount of the fines can be doubled in the event of a repeat offence.

 

For any additional support on the proper application of these texts, you can consult the ARPP.

 

Source: ARPP. The ARPP is the professional regulatory body for advertising in France

 

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