The measures taken by Economics Minister Robert Habeck (Greens) in the energy crisis are causing more and more trouble in the coalition. The economic policy spokesman for the FDP parliamentary group in the Bundestag, Reinhard Houben, is now criticizing the Energy Saving Ordinance from the Economics Ministry. The ordinance not only banned the heating of private pools and foyers of public buildings, the numerous measures also include a ban on neon signs. It has been in force since September 1st.
But the ban, originally only planned for the night, was quickly extended to cover most of the day – contrary to the agreements in the coalition. This is what Houben writes in a letter to Economics Minister Habeck, which is available to WELT. “It is right to take this area into account in the regulation,” it says. “However, the times do not correspond to the previous formulation agreement that the operation of advertising systems is permitted from 6 a.m. to 10 p.m..”
In fact, the ban was only planned between 10 p.m. and 6 a.m., and the billboards could have been switched on again in the early morning. But in the text of the now valid ordinance, paragraph 11 states: “The operation of illuminated or light-emitting advertising systems is prohibited from 10 p.m. to 4 p.m. the following day.”
Now one might think that a ban on lighting during the day would not have any major consequences. Houben sees it differently: “The shift from 6 a.m. to 4 p.m. will undoubtedly have much more extensive consequences than a ban from 10 p.m. to 6 a.m.,” he writes. “These do not only affect the advertising industry.”
As examples in his letter, the FDP politician not only cites billboards on which, in addition to advertising, messages and information about cultural events can also be seen. “According to this regulation, for example, it is no longer permitted to illuminate advertising banners in football stadiums with the start of most Bundesliga games on a match day on Saturday at 3:30 p.m..” Houben therefore calls for the regulation to be corrected.
Basically, the Ministry of Economics confirms that the duration of the ban on illuminated advertising was initially planned differently. “There was an earlier version of § 11 EnSikuMaV with the narrower time window (with an operating ban from 10 p.m. to 6 a.m.), which went into the departmental coordination and the association hearing,” says a spokeswoman for the Ministry of Economics.
Subsequently, “the time window of the operating ban was extended to 10 p.m. to 4 p.m.”, and the cabinet then decided on this version. The ministry did not comment on the reasons for the change. EnSikuMaV is the abbreviation for the “Ordinance for securing the energy supply on short-term effective measures”, in which the ban is laid down.
In any case, professional sport was also alarmed at the beginning of the month that an important source of income could be lost with the now digital advertising boards. But at the beginning of the month, the “Initiative Profisport Deutschland” (IPD), in which the German Football League (DFL) with its 36 professional teams is organized, said that the ban did not apply to their stadiums. “LED bands in event locations such as halls and stadiums are not covered by the usage restriction (according to EnSikuMaV) for illuminated advertising systems,” says a statement.
And further: “The term ‘advertising installations’ is defined in the building regulations of the federal states as ‘installations for outdoor advertising’, i.e. ‘stationary facilities that serve to announce or advertise or as an indication of trade or profession and are visible from the public traffic area”, writes the professional sports association. “LED boards in halls and stadiums do not fall under this definition.” In addition, the boards would not be operated every day, but only during the games.
The Ministry of Economic Affairs does not want to make a final decision, but basically confirms that the advertising boards in the football stadiums can continue to shine. “When interpreting our regulations, we cannot generally make any binding statements. Only the enforcement authorities of the federal states or the courts are entitled to do this,” says a spokeswoman for Habeck’s ministry when asked.
Advertising systems within the meaning of the state building regulations must be “visible from the public traffic area or from public green spaces”. “When applying this interpretation, the interior illuminated advertising systems of sports facilities would not usually be covered,” said the spokeswoman.
Unless you could also see the scoreboard or banner outside the stadium: “Illuminated advertising systems in sports facilities that are visible from the public traffic area or from public green spaces would therefore be included.”
In principle, one is in contact with the Ministry of the Interior, which is responsible for sport, on this subject. This unequal treatment is hardly understandable. Why a digital billboard in the football stadium is treated differently than one in the city center is not clear, at least from the text of the ordinances.
Criticism therefore also comes from the advertising industry: “Basically, we find it irritating that the legislator did not check the energy requirements of different forms of advertising and media in advance, but obviously spontaneously and unilaterally imposed an extensive operating ban on the illuminated OOH advertising systems alone,” says Kai-Marcus Thäsler, Managing Director of the Outdoor Advertising Association (FAW).
OOH is an abbreviation for the English term “Out of Home” and refers to advertising boards in public spaces. “The extension of the light switch-off times into the day is therefore incomprehensible to us,” says Thäsler. According to the association, a total of 92,500 advertising systems in Germany are affected by the lighting ban.
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