SmokeFree Map

The Smoke Free Partnership hopes to see the introduction of effective and enforced 100% smokefree policies in all 28 EU Member States in the near future.

SmokeFree Map

The SFP Smokefree Map aims to highlight which Member States are providing sufficient and effective protection from passive smoking and which Member States could do more to protect their citizens either through improved legislation or improved compliance:

  • Dark green countries follow the letter and spirit of the guidelines of Article 8 of the WHO’s FCTC; smokefree legislation is both very strong and strongly enforced. As a result, smoking in workplaces, hospitality venues such as bars and restaurants and other public places is negligible.
  • Light green countries follow the letter and spirit of the guidelines of Article 8 of the WHO’s FCTC; smokefree legislation is both strong and well enforced.
  • Orange countries offer limited protection; many public areas may be smokefree but 100% protection is unattainable due to exemptions or strong legislation is weakened due to poor compliance.
  • Red countries offer little or no protection to European citizens; smokefree legislation is both weak and unenforced. Consequently, exposure to second-hand smoke is high.

The overall judgement for each Member State has been solely based on the provisions and compliance in relation to tobacco smoking but where available, information regarding the legislative position of e-cigarettes has been included to reflect the ongoing debate in the EU. If you notice any inaccuracies or have an update, please email info@smokefreepartnership.eu.

Please click on a country from the map on the left to see country details.

Austria

  • Implementation Date: 2005
  • Bars and Restaurants: Partial ban – Until 2018 Smoking rooms permitted in venues larger than 50m². In one-roomed venues between 50m² and 80m² and venues smaller than 50m², owners can choose whether to provide smoking or non-smoking premises.  From May 1, 2018 there will be a complete ban.
  • Workplaces: Partial ban - Smoking rooms permitted
  • Public Transport: Complete ban
  • Compliance: Weak
  • E-cigarette : Under the same restriction as smoking

Useful Links

Austrian Tobacco Control Policy (in German)


Belgium

  • Implementation Date: 2011 
  • Bars and Restaurants: Partial ban – Ventilated smoking rooms permitted under very strict conditions. 
  • Workplaces: Partial ban – Ventilated smoking rooms permitted under very strict conditions. 
  • Public Transport: Complete ban 
  • Compliance: Good, Limited in bars 
  • E-cigarettes: Their consumption is prohibited in all public places. 

Useful Links

Belgian Foundation against Cancer
Dutch version – Stichting tegen Kanker
French version – Fondation contre le Cancer 
Federal Public Service – Health, Food Chain Safety and Environment
Dutch version 
French version


Bulgaria

  • Implementation Date: June 2012 
  • Bars and Restaurants: Complete ban 
  • Workplaces: Complete ban 
  • Public Transport: Complete ban 
  • Compliance: Weak 
  • E-cigarettes: No specific smokefree regulation identified and no plan for upcoming discussion.

Useful Links

Bulgarian Ministry of Health (in Bulgarian)

National Center of Public Health and Analyses (NCPHA) (in English and Bulgarian)

“Without Smoke”, Bulgarian Anti-Smoking Lobby Group (in Bulgarian)

“Bring back the ban”, Bulgarian Civil Society Platform (in English and Bulgarian)

Ministry of Economy (in English and Bulgarian)

 

 


Croatia

  • Implementation Date: 2010
  • Bars and Restaurants: Complete ban in restaurants, Partial ban in bars – Ventilated smoking rooms permitted. 
  • Workplaces: Complete ban
  • Public Transport: Complete ban 
  • Compliance: Limited
  • E-cigarettes: Regulated as tobacco products under smokefree legislation. Article 17 of the Act on the Restriction of the Use of Tobacco Products which has not been adopted yet, should regulate the use of e-cigarettes. (However there should have no complete ban)(Important to note that Art. 17 is about regulations on e-cigarettes as a product (and prohibition of its advertising) but not on the use of e-cigarettes which is stated on Art. 23)
  • Future developments: Additional information: Local (regional) Governments and the City of Zagreb can separate decision in their area to determine public place where smoking is completely prohibited.

Useful Links

Croatian Ministry of Health (in Croatian)

Act on the Restriction of the Use of Tobacco products and Occupational Health and Safety Act (in Croatian and English)


Cyprus

  • Implementation Date: 2010
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban – Ventilated smoking rooms permitted in specific venues which fall outside of scope of current legislation but the new legislation should introduce a comprehensive ban in all working places.
  • Public Transport: Complete ban – Including smoking in cars carrying children under 16 years old.
  • Compliance: Weak
  • E-cigarettes: No specific smokefree regulation yet. The new regulation should ban the use of e-cigarette in public places.
  • Future developments: The Cypriot government has drafted a new legislation concerning the regulation of e-cigarettes and the enforcement of the existing smokefree legislation as part of its transposition of the EU’s Tobacco Products Directive. It is currently in the hands of the Parliament.

 

Useful Links

Cypriot Ministry of Health


Czech Republic

  • Implementation Date: 2007 (2010 Amendment 305/2009 Coll. to the Act 379/2005 mainly on smoke-free provisions)
  • Bars and Restaurants: No ban - Owners may choose whether to designate their premises as smoking or non-smoking, or provide structurally separated areas for smokers and non-smokers. If smoking is permitted, there must be sufficient ventilation. Smoking and non-smoking designation must be clearly labelled. 
  • Workplaces: Partial ban - Obligation for employees not to smoke at work or in premises where non-smokers would be exposed to the effects of smoking. There are some types of workplaces where there is a ban on smoking according to the law such as schools.
  • Public Transport: Partial ban – Smoking permitted in structurally separated areas with ventilation in the buildings related to public transport such as airports or train stations.
  • Compliance: Limited
  • E-cigarettes: Despite the fact that smoking is not defined in Act No. 379/2005 Coll., appropriate provisions stipulating places with smoking ban include the use of electronic cigarettes. However, this is not a legally binding opinion and a revision of legislation is underway. 
  • Future Developments: Recently the Czech Parliament approved full smoking ban in restaurants and all other hospitality places. Now the law goes to the Senate and the President, but no big troubles there are to be expected. E-cigarettes are not included in the ban. The ban will be effective as of end of May 2017.

Useful Links

Czech Ministry of Health (in Czech)

Czech Coalition Against Tobacco (in Czech) 
Smoke Free Czech Republic (in Czech)

Czech National Website for the Promotion of Smoking Cessation (in Czech – operational from 1st August 2016)

 

FCTC Implementation Database on the Czech Republic


Denmark

  • Implementation Date of FCTC Art.8: 2007, 2012 (latest amendment)
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted in restaurants and bars larger than 40m². Smoking is permitted in some bars with a serving area smaller than 40m² only if they have chairs and tables. The furniture criteria has been designed to ensure that new concept venues such as wine bars or DJ bars do not come under the exception for small bars.
  • Workplaces: Partial Ban – Smoking rooms permitted.
  • Public Transport: Partial Ban – Smoking rooms permitted on passenger ships.
  • Compliance: Limited
  • E-cigarettes: The regulation from 2016 does not ban e-cigarette yet it regulates it.

Useful Links

Danish Ministry of Health (in Danish)


Estonia

  • Implementation Date: 2007
  • Bars and Restaurants: Partial ban - Smoking rooms permitted .
  • Workplaces: Partial ban - Ventilated smoking rooms permitted .
  • Public Transport: Partial ban - Designated, ventilated smoking rooms on trains and passenger ships permitted .
  • Compliance: Limited
  • E-cigarettes: E-cigarette use is prohibited under the same restriction as any other tobacco product .
  • Future Developments: Following the initiation of a tobacco policy review in 2011, the Tobacco Policy Green Paper was approved by the Estonian government on 31 January 2014. The Tobacco Policy Green Paper is a comprehensive tobacco control policy covering all areas of tobacco control including smoke free environments, alternative tobacco and nicotine products, illicit trade, education and cessation. The Tobacco Policy Green Paper has set a national target to reduce prevalence of tobacco use by 30% by 2025. In 2017, smoking areas should be forbidden in public institutions and later smoking rooms too even if no date has been defined yet on this point.
  • Additional information: Children are prohibited to smoke tobacco products, use e-cigarettes or to be in smoking rooms. 

Useful Links

Estonian Ministry of Social Affairs (in Estonian, Russian and English) 
Joint National Capacity Assessment of Tobacco Control Policies in Estonia by WHO Europe and the Estonian Ministry of Social Affairs

Estonian Tobacco Act (in English)

 

Estonian Green Paper on Tobacco Policy (in English) 


Finland

  • Implementation Date: 2016
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms with separate ventilation where no food or drink is served and no staff work are permitted
  • Workplaces: Partial ban - Designated smoking rooms permitted (in practice do not exist at all due to very strict and expensive regulations for those rooms)
  • Public Transport: Partial ban - Smoking rooms permitted and smoking permitted in restaurants smaller than 50m² on international vessels, ONLY on international vessels, not in the restaurants in the Finnish territory.
  • Compliance: Very Good
  • E-cigarettes: E-cigarettes will be subject to the same regulation as tobacco products. The same age limit will apply to the purchase of e-cigarettes as to the purchase of tobacco products. The sale of nicotine-containing liquids will be subject to a licence and they must not contain any flavourings, such as candy or fruit flavours. The use of e-cigarettes will be prohibited in non-smoking areas and they must not be kept on display in retail outlets.
  • Future developments: The new Tobacco Act will allow housing companies to apply to their municipality for a prohibition of smoking on balconies and in other outdoor areas of a dwelling, such as a terrace. A municipal authority can prohibit smoking if structures of the building or other circumstances allow smoke to spread, other than in exceptional cases, for example from one balcony to another. The spreading of tobacco smoke will be a sufficient reason for imposing a prohibition and there will be no need to prove a health hazard, contrary to the current procedure based on the Health Protection Act. The same possibility to intervene will also apply to situations in which smoke spreads from one dwelling to another through the structures of the building. In addition, the new Act bans smoking in cars with children under the age of 15. The smoking ban will reduce children's exposure to tobacco smoke and associated damaging health effects. The ban will not apply to the living quarters in vehicles, such as camper vans. There are several transition periods. For example the provisions concerning ban on smoking on balconies will be applicable as of the beginning of the year 2017. The aim of the law is to end the use of tobacco and other nicotine products by 2030. Thus the aim is not by 2040 anymore, it is Tobacco-Free Finland 2030. 

Useful Links

Finland’s ASH
Finnish Tobacco Control Policy
Tobacco Free Finland 2040 Network

New Act available only in Finnish and Swedish 

 


France

  • Implementation Date: 2007, and 2008 for the hospitality sector 
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms permitted under very strict technical and dissuasive economic conditions, and very few exist in practice. Serving staff and minors are not permitted to enter.
  • Workplaces: Partial ban - Ventilated smoking rooms permitted under very strict administrative technical and dissuasive economic conditions, very few exist in practice. 
  • Public Transport: Complete ban
  • Future developments: Smoking in private vehicles carrying children below 18 years old is prohibited. 
  • Compliance: Good 
  • E-cigarettes: Use of e-cigarettes in public spaces is prohibited in schools and in establishments receiving children, in enclosed public transports and in enclosed or covered collective workplaces (Art. L. 3713-6 Code of Public Health).

Useful Links

National Committee against Tobacco (CNCT) (in French)
French Alliance against Tobacco (in French)
French Tobacco Control Policy (in French)


Germany

  • Implementation Date: 2007
  • Bars and Restaurants: No national law – Each state applies its own specific legislation. 
  • Workplaces: Partial ban –Workplaces are smokefree or partially smokefree. Workplaces open to the public (this mainly applies to the hospitality sector) are exempt from this regulation.
  • Public Transport: Complete ban 
  • Compliance: Limited -The German Cancer Research Centre conducted several studies on the implementation of the law concerning smoking in the hospitality sector and found several violations. It is also apparent that a great number of hospitality venues use the exemptions to allow smoking. 
  • E-cigarettes: The legal position of e-cigarettes under smoke-free legislation was clarified in a 2014 court ruling which ruled that e-cigarettes cannot be considered under existing smoke-free legislation. Therefore, their use is permitted unless prohibited by the owner of the premises.

Useful Links

Aktionsbündnis Nichtrauchen e. V. [Tobacco control campaign alliance of 11 public health NGOs] 
Deutsches Krebsforschungszentrum [German Cancer Research Centre] - (predominantly in German although there are also a number of publication in English) 
Die Drogenbeauftragte der Bundesregierung [German Drug Commissioner] (in German) 
German Ministry of Health (in German) 
Nichtraucher-Initiative Deutschland e.V. [Umbrella organisation for local and regional passive smoking initiatives in Germany] (in German)

ABNR page on Federal Laws on Smoke Free Environments

State level:

At state level, all 16 states have implemented additional smoke-free legislation. However, most states still allow for the use and provision of smoking rooms in the hospitality sector. In fact, only three states (Bavaria, North Rhine-Westphalia and Saarland) have introduced comprehensive smoke-free legislation; all hospitality venues are smoke-free and smoking rooms are not permitted (January 2015).

Some states relaxed smoke-free legislation in 2008 when the Federal Constitutional Court of Germany ruled that the specific smoking bans in Berlin and Baden-Württemberg were unconstitutional. Their specific bans prohibited smoking in all venues but allowed for the provision of smoking rooms if an additional room was available. In practice, this meant that small, one-roomed bars were fully smoke-free as they could not accommodate appropriate smoking facilities whilst larger bars with more than one room were able to provide smoking facilities. The claimants argued that the economic viability of their one-roomed premises were under threat from unfair competition which breached their occupational rights and the right of ownership under the German constitution. This judgement resulted in exemptions for small, one-roomed bars across many states. Importantly, the Federal Constitutional Court did not rule that 100% smoke-free laws were unconstitutional and German states remain free to introduce comprehensive smoke-free legislation in all hospitality venues. 

Baden-Württemberg 

  • Implementation date: July 2007, amendment March 2009
  • Bars and Restaurants: Partial ban – Smoking rooms permitted¸ smoking rooms must be separated and clearly designated 
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Compliance: Limited – Analysis by DKFZ has shown that existing legislation is not always being respected. 

Useful Links

Baden-Württemberg Smokefree Policy (in German)
Nichtraucherschutz in Baden-Württemberg and
Mangelhafter Nichtraucherschutz und Gesetzesverstöße in Diskotheken in Baden-Württemberg

Bavaria

  • Implementation date: January 2008, amendment August 2010 (In May 2010, Bavaria held a public vote in which 61% supported the strengthening of existing smoke-free legislation). 
  • Bars and Restaurants: Complete ban including on shisha and at festivals such as Oktoberfest. 

Useful Links

Bavarian Smokefree policy (in German)

Bavarian Ministry of Health – Tobacco section (in German) 

Berlin

  • Implementation Date: November 2007, amendment May 2009
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated and clearly designated
  • In one-roomed bars smaller than 75m² smoking is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha bars are exempt from smoke-free legislation. 

Useful links:

Berlin Smokefree Policy (in German)

Brandenburg

  • Implementation Date: December 2007, last amendment July 2010
  • Bars and Restaurants: Partial ban – Smoking rooms permitted if completely separated and clearly designated
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha use is regulated under the same legislation.

Useful links:

Brandenburg Smokefree Policy (in German)

Bremen

  • Implementation Date: January 2009
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, and not be accessible by persons under 18 years. No prepared food must be served.
  • Smoking in hospitality tents is permitted
  • Compliance: limited. Often the smoking rooms are neither completely separated nor clearly designated.  

Useful links:

Bremen Smokefree Policy (in German)

DKFZ Analysis of the implementation of Bremen smoke-free policy (in German)

Hamburg

  • Implementation Date: January 2008, last amendment June 2012
  • Bars and Restaurants: Partial ban- Smoking rooms allowed if separated and ventilated, not accessible to persons under 18 years, and the rooms are smaller than the non-smoking sector. 
  • Smoking in one-roomed bars and restaurants smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha use is subject to the same legislation.
  • Compliance: Limited. Often smoking rooms are bigger than allowed or are not clearly designated 

Useful links:

Hamburg Smokefree Policy (in German)

DKFZ Analysis of the implementation of Hamburg smoke-free policy (in German)

Hessen

  • Implementation Date: October 2007, last amendment September 2012 
  • Bars and Restaurants: Partial ban – Smoking rooms. Rooms must be clearly separated and designated and not be accessible by persons under 18 years. 
  • Smoking is allowed in separated rooms designated to private function. In this case, prepared food may be served and persons under 18 years may be present.
  • Smoking in one-roomed bars smaller than 75m² is permitted. Such smoking premises must be clearly designated, not serve hot or prepared food and not be accessible by persons under 18 years.
  • Smoking is allowed in hospitality tents that are used no longer than 21 days in a row at one place; they must be clearly designated.
  • Smoking is allowed in casinos. 
  • Shisha use is subject to the same legislation.

Useful links:

Hessen Smokefree Policy (in German)

FAQ on Smoking in Hessen (in German) 

Lower Saxony

  • Implementation Date: August 2007, last amendment December 2008 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated and clearly designated.
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Shisha use is subject to the same legislation.

Useful links:

Lower Saxony Smokefree Policy (in German)

Mecklenburg-Vorpommern

  • Implementation date: August 2007 
  • Bars and Restaurants: Partial ban – Smoking rooms. Rooms must be completely separated, clearly designated and not be accessible by persons under 18 years.
  • Smoking in one-roomed bars smaller than 75m² is permitted. Rooms must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Shisha use is subject to the same legislation.
  • Compliance: Limited. Often the smoking rooms are not completely separated or the restriction of youth access is not designated.

Useful links:

Mecklenburg-Vorpommern Smokefree Legislation (in German)

North Rhine-Westphalia

  • Implementation Date: 2008, last amendment May 2013
  • Bars and Restaurants: Complete ban – Also applies to shisha. However, smoking is permitted in closed rooms hosting private functions. The most recent legislation also banned smoking in some outdoor public spaces including school grounds and children’s playgrounds. 
  • Compliance: Limited. Often the smoking rooms are not completely separated.

Useful links:

North Rhine-Westphalia Smokefree Policy (in German)

DKFZ Analysis of the implementation of North-Rhine-Westphalia smoke-free policy (in German) 

Rhineland-Palatinate

  • Implementation Date: February 2008, last amendment June 2009
  • Bars and Restaurants: Partial ban – Smoking rooms permitted. Rooms must be smaller than the main room, clearly separated and designated.
  • Smoking in and smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated and must not serve prepared food.
  • Smoking is permitted in rooms hosting private functions
  • Smoking is allowed in hospitality tents that are used no longer than 21 days in a row at one place; they must be clearly designated
  • Shisha use is subject to the same legislation.

Useful links:

Rhineland-Palatinate Smokefree Policy (in German)

Saarland

  • Implementation Date: November 2007, last amendment February 2010 
  • Bars and Restaurants: Complete ban – applies also to shisha use. 

Useful links:

Saarland Smokefree Legislation (in German)

Saxony

  • Implementation Date: February 2008 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated and not be accessible by persons under 18 years. 
  • Smoking is permitted in rooms hosting private functions
  • Shisha use is subject to these regulations. 

Useful links:

Sachsen Smokefree Policy (in German)

Saxony-Anhalt

  • Implementation Date: January 2008 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha use is subject to the same legislation.

Useful links:

Saxony-Anhalt Smokefree Policy (in German)

Schleswig-Holstein

  • Implementation Date: December 2007 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Smoking is allowed in hospitality tents that are used no longer than 21 days in a row at one place; they must be clearly designated and not accessible to persons under 18 years
  • Shisha use is subject to the same legislation. 
  • Compliance: Limited – Analysis by DKFZ has shown that existing legislation is not always being respected.

Useful links:


Schleswig-Holstein Smokefree Policy (in German)

DKFZ Analysis of the implementation of Schleswig-Holstein smokefree policy (in German)

Thuringia

  • Implementation Date: July 2008, last amendment 2012 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars and Casinos smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Smoking is allowed in hospitality tents

Useful links:

Thuringia Smokefree Legislation (in German)


Greece

  • Implementation Date: 2003
  • Bars and Restaurants: Complete ban in restaurants, Partial ban in bars - smoking permitted in entertainment centres larger than 300m² with live music and casinos.
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Weak – Greece continues to host exceptionally high passive smoking exposure rates at 71% in bars, 72% in restaurants and 58% in workplaces (EC, 2013b). As a result, Greece has been awarded the red status despite its strong and comprehensive smokefree legislation.
  • E-cigarettes: No specific smokefree regulation identified.

 

Useful Links

Greek Ministry of Health (in Greek)
Global Adult Tobacco Survey – Greece


Hungary

  • Implementation Date: 2012
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Good
  • E-cigarettes: The use of e-cigarettes comes under the same legislation that applies to cigarettes (Act XLII of 1999 on the Protection of Non-Smokers and Certain Regulations on the Consumption and Distribution of Tobacco Products).

Useful Links

Hungarian Ministry of Health (in Hungarian) 
WHO Tobacco Country Profile – Hungary 
WHO Tobacco Control in Practice – Article 8: Protection from exposure to tobacco smoke: the story of Hungary


Iceland

  • Implementation Date: 2011, 2014 (latest amendments in 2013 enforced in 2014)
  • Bars and Restaurants: Complete ban  
  • Workplaces: Partial ban – Ventilated smoking rooms permitted for staff only in all workplaces including hospitality venues and public transport.  
  • Public Transport: Partial ban: smoking on international commercial flight that does not land in Iceland may be allowed
  • Compliance: Good
  • E-cigarettes: No specific smokefree regulation identified. 

Useful Links

Icelandic Ministry of Welfare
Tobacco control legislation (in English)
Detailed overview of tobacco control legislation in Iceland
WHO Tobacco Country Profile – Iceland


Ireland

  • Implementation Date: Scotland (2006), England, N. Ireland & Wales (2007)
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Very good
  • E-cigarettes: The use of e-cigarettes does not currently come under smokefree legislation across the UK. Although not prohibited by law, employers/owners/managers of establishments and venues may still choose to prohibit the use of e-cigarettes on their premises.
  • Future developments/Additional information: Smoking in private vehicles carrying children below 18 years old is prohibited (in England and Wales, and in Scotland and in 2017 or after in Northern Ireland).

Useful Links

ASH Ireland
Irish Cancer Society
Irish Tobacco Control Policy


Italy

  • Implementation Date: 2005, 2013 
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms permitted. 
  • Workplaces: Partial ban - Ventilated smoking rooms permitted. 
  • Public Transport: Complete ban
  • Compliance: Very Good. The Italian surveillance on Behaviour and risk factors (called PASSI http://www.epicentro.iss.it/passi/dati/fumoPassivo.asp account for a 90.3% of respect of the law in public places, a 92.1% of respect in working place and a 79.6% of respect at home (despite the absence of a ban) 
  • E-cigarettes: In Italy the use of e-cigarette containing nicotine is not banned in enclosed public places except for schools and school premises
  • Future developments/Additional information: The law which transposed the UE TPD (law n.6 of 12 of January 2016) introduced the ban of smoking in car in presence of pregnant and minors and in the premises of the gynaecological, obstetrical and paediatric hospitals. 

Useful Links

Italian Ministry of Health (in Italian)
Italian Legislation (in Italian)


Latvia

  • Implementation Date: 2011 
  • Bars and Restaurants: Complete ban 
  • Workplaces: Partial ban - Smoking rooms permitted. 
  • Public Transport: Partial ban - Smoking permitted on long-distance trains and ships in designated areas.
  • Compliance: Good
  • E-cigarettes: Since November 2014, their use is regulated under smokefree legislation. The use of e-cigarette is regulated in the same way as smoking.
  • Future developments/Additional information: In May 2013, the Latvian government adopted legislation which makes smoking among children a form of abuse. This includes smoking in cars when children are also travelling. Implementation of the legislative changes is pending. From May 2016 it is prohibited to smoke in the presence of a pregnant woman as well as in cars belonging to the State or the municipality. The use of waterpipes, e-cigarettes and any kind of product that is used by mouthpiece to inhale nicotine or other chemicals containing smoke or vapor is regulated under the same conditions as smoking.

Useful Links

Latvian Ministry of Health (in Latvian)

Centre for Disease Prevention and Control (in Latvian)


Lithuania

  • Implementation Date: 2007
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban - Ventilated smoking rooms permitted.
  • Public Transport: Partial ban – Smoking permitted on long-distance trains and on aircraft in designated areas.
  • Compliance: Good
  • E-cigarettes: The use of e-cigarettes is regulated under the same condition as for other cigarettes. From January 2015, it is prohibited to sell, buy or otherwise transmit electronic cigarettes to person under 18 years of age. 

Useful Links

Lithuanian Ministry of Health (in Lithuanian)
Drug Tobacco and Alcohol Control Department (in Lithuanian)
Lithuanian National Tobacco and Alcohol Control Coalition (in Lithuanian)

Lithuanian Law on Tobacco Control (in Lithuanian)


Luxembourg

  • Implementation Date: 2014  
  • Bars and Restaurants: Partial ban – Ventilated smoking rooms with no service permitted. 
  • Workplaces: Partial ban - Ventilated smoking rooms permitted. Actually, there is a total ban in public Workplaces like governmental institutions. There is no ban in private companies unless the company establishes a smoke ban. 
  • Public Transport: Partial ban - Ventilated smoking rooms permitted. There is a total ban in public transport. With the upcoming national law, this ban will be extended to private cars and cars transporting people when minors (under 12 yeras old) are on board. 
  • Compliance: Good 
  • E-cigarettes: No specific smokefree regulation identified. E-cigarettes will be regulated in the new upcoming national law. It will be prohibited to vape where it is prohibited to smoke. The EU Tobacco Products Directive (2014/40/EU) has not yet been transposed into national law, but the bill amending tobacco legislation in order to transpose that directive has recently been introduced into the legislative procedure.

Useful links

Luxembourg Ministry of Health (in French)

Government of Luxemburg website

 

 

 


Malta

  • Implementation Date: 2013 
  • Bars and Restaurants: Complete ban 
  • Workplaces: Complete ban 
  • Public Transport: Complete ban 
  • Compliance: Limited 
  • E-cigarettes: Regulated under smokefree legislation. 

Useful Links

Maltese Ministry of Health

Moldova

  • Implementation Date: 2016
  • Bars and Restaurants: Partial ban – In all closed and semi-closed public places
  • Workplaces: Partial ban – In a radius of 10 m from the entrance in enclosed public places, including places of common use, and at the workplace, from windows that open and seats / capture installations air for enclosed public places and jobs
  • Public Transport: Complete ban
  • Compliance: Too early to judge but probably partial
  • E-cigarettes: The use of e-cigarettes comes under the same legislation that applies to cigarettes (Art.26. Protection from exposure to tobacco smoke, of Law No 278 of 2007 on Tobacco Control).

Useful links

National Public Health Centre 


Netherlands

  • Implementation Date: 2008 
  • Bars and Restaurants: Partial ban - Separate smoking rooms with no service permitted. 
  • Workplaces: Partial ban - Smoking rooms permitted. 
  • Public Transport: Complete ban 
  • Compliance: Good, Limited in bars 
  • E-cigarettes: No specific smokefree regulation identified. 

Useful Links

Alliantie Rookvrij Nederlands (Dutch Alliance for a Smokefree Society) (in Dutch)
Compliance and enforcement figures from the Dutch House of Representatives (in Dutch)
Dutch Food and Consumer Product Safety Authority (in Dutch)
Dutch Ministry of Health, Welfare and Sport (in Dutch)
Dutch Smokefre laws and policies (in Dutch)

Government website on smokefree regulations


Norway

  • Implementation Date: 2004, 2012 (latest amendments in 2013)
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban – Smoking rooms permitted in nursing homes and prisons. Please see ‘Chapter 5. Special prohibitions against tobacco use’ in Act No. 14 of 9 March 1973 relating to Prevention of the Harmful Effects of Tobacco for further information.
  • Public Transport: Complete ban 
  • Compliance: Good
  • E-cigarettes: From 2013, e-cigarettes are covered by the Tobacco Act as “tobacco substitutes”. It forbids sell of e-cigarettes (as well as tobacco products) to minors and free distribution. Also, a bill suggests that Chapter 5. Special prohibitions against tobacco use’ in Act No. 14 of 9 March 1973 relating to Prevention of the Harmful Effects of Tobacco should include the use of e-cigarettes. The bill will most likely be discussed in Parliament (Stortinget) this autumn. The bill - Prop. 142 L (2015–2016) (in Norwegian).
  • Additional information: the Norwegian Medical Association asked for a ban on tobacco sales applying to every Norwegian born from 2000 onwards for a smoke-free society by 2035.  The Tobacco Act states from 2013 that “children are entitled to a smoke-free environment. The person responsible for a child shall contribute to ensuring that this right is fulfilled” 

Useful Links

Norwegian Ministry of Health and Care Services (in Norwegian)
Norwegian Tobacco Control Policy (in Norwegian)

https://kreftforeningen.no/en/main-priorities/ (English part of the Norwegian Cancer Society’s website).

 


Poland

  • Implementation Date: 2010
  • Bars and Restaurants: Partial ban – Smoking rooms permitted.
  • Workplaces: Partial ban - Ventilated smoking rooms permitted.
  • Public Transport: Partial ban - Special isolated rooms for smoking in airports and in waiting halls in bus/train stations permitted.
  • Compliance: Limited  
  • E-cigarettes: The use of e-cigarettes does not currently come under smokefree legislation across Poland though some local authorities such as Krakow and Warsaw have moved to ban their use on public transport. Project to forbid use of e-cigarette where smoking is prohibited and to ban online sale and sale to minors as well .

Useful Links

Polish Ministry of Health (in Polish)
Detailed overview of tobacco control legislation in Poland
Manko [Polish student association operating nationwide tobacco awareness, public health and ageing campaigns and programmes. It also leads the work of the Smokefree Poland Partnership]
Smokefree Poland Partnership
Smokefree Rooms Campaign (in Polish)

 


Portugal

  • Implementation Date: 2008; (new amendment enacted in August 2015, and will come into force on 1st January 2021. The new amendment is not clear and maintains a partial ban. I will have to revise the law carefully and I will provide feedback to you.)
  • Bars and Restaurants: Partial ban - Ventilated smoking areas permitted.
  • Workplaces: Partial ban - Designated smoking areas or rooms permitted. 
  • Public Transport: Complete ban
  • Compliance: Limited, and limited enforcement. Very difficult to apply fines, even in premises that should be 100% smoke-free such as hospitals. Poor enforcement is a major barrier to compliance.
  • E-cigarettes: Regulations applying to smoking also apply to vaping, but in the case of smoke-free laws they only apply to nicotine-containing e-cigarettes. In addition minors are prohibited to buy and use e-cigarettes

Useful Links

General Directorate of Health (In Portuguese)
National Programme for Smoking Prevention and Control (In Portuguese)
Portuguese Ministry of Health (In Portuguese)
WHO Tobacco Country Profile – Portugal


Romania

  • Implementation Date: 2016
  • Bars and Restaurants: Complete ban - No smoking rooms permitted.
  • Workplaces: Complete ban - No smoking rooms permitted.
  • Public Transport: Complete ban
  • Compliance: Good
  • Future Developments: Extension of the total ban for e-cigarettes and water pipes
  • E-cigarettes: Ban of e-cigarettes only in public transport
  • Smoking is allowed in separated and ventilated rooms designed for smoking in the transit area of international airports, and in the cells of prisoners detained in high security prisons (one cell is used only by one prisoner; in the rest of prisons, smoking is completely banned inside the buildings).

Useful links

Romanian Ministry of Health (in Romanian)
WHO Tobacco Country Profile – Romania


Slovakia

  • Implementation Date: 2005
  • Bars and Restaurants: No ban in bars, Partial ban in restaurants – Smoking rooms permitted.
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Good
  • E-cigarettes: Regulated under smokefree legislation.

Useful Links

Slovakian Ministry of Health (in Slovak)
WHO Tobacco Country Profile – Slovakia


Slovenia

  • Implementation Date: 2007 
  • Bars and Restaurants: Partial ban - Smoking rooms, where no food or drink is allowed, permitted. Smoking rooms must be no bigger than 20% of the entire property and cannot constitute a transition room between two rooms. 
  • Workplaces: Partial ban - Smoking rooms, where no food or drink is allowed, permitted. Smoking rooms must be no bigger than 20% of the entire property and cannot constitute a transition room between two rooms. 
  • Public Transport: Complete ban 
  • Compliance: Limited 
  • E-cigarettes: No specific smokefree regulation identified. Yet Slovenia is planning to introduce a new law on tobacco that should also include a ban on e-cigarette use in public spaces.

Useful Links

Slovenian Coalition for Tobacco Control (in Slovene)
Slovenian Ministry of Health (in Slovene)
WHO Tobacco Country Profile – Slovenia
Youth Network No Excuse Slovenia (in Slovene)


Spain

  • Implementation Date: 2011
  • Bars and Restaurants: Complete ban. Smoking is permitted in private smoking clubs but they are tightly regulated: clubs must provide no member benefits, prohibit entry to minors and not serve food or drinks.
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Very Good
  • E-cigarettes: The use of e-cigarettes was prohibited in January 2014 in public spaces including hospitals, education centers, public administration buildings and public transport.

 

Useful Links

Spanish Ministry of Health, Social Services and Equality - (in Spanish)
PORQUE NOSOTROS Sľ! XQNS! - Grassroots movement for public health and the advancement of the smokefree law in Spain - (in Spanish and English)
Detailed overview of tobacco control legislation in Spain

Spanish Committee for Smoking Prevention (in Spanish)

 


Sweden

  • Implementation Date: 2010
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms where no food or drink is served and no staff work are permitted
  • Workplaces: Partial ban - Designated smoking rooms permitted. The smoking rooms are under very strict building codes.
  • Public Transport: Partial ban - Smoking rooms permitted and smoking permitted in restaurants smaller than 50m² on international vessels  
  • Compliance: Good
  • E-cigarettes: According to Sweden’s Tobacco Act smoking bans are applied to use of e-cigarettes (Tobacco Act Chapter 10 § 73). From 1 January 2017, regulations applying to tobacco products also apply to the use of e-cigarettes  (licensing, age limits, ban of flavours, display ban, advertising ban, ban the use in the smoke-free area)

Useful Links

A Non-Smoking Generation (in Swedish and English)
Swedish Ministry of Health and Social Affairs
Tobaksfakta: A think tank on tobacco (in Swedish)
WHO FCTC Implementation Report


Switzerland

Smokefree legislation in Switzerland is highly dependent on individual cantons. In May 2010, nationwide minimum requirements were introduced yet subsequent attempts to introduce a consistent indoor smoking ban have failed. Switzerland is not a party to WHO FCTC. 11 cantons have adopted the nationwide minimum required by the national law. 15 of the 26 cantons have gone beyond the national minimum and have currently declared themselves smokefree in public places though all still allow smoking rooms. Information regarding the smokefree legislation in individual cantons can be found here.

  • Implementation Date: May 2010
  • Bars and Restaurants: Partial ban – Ventilated smoking rooms permitted and small bars of less than 80m² may allow smoking. In the 15 cantons having smoke-free regulations stronger than the national law, smoking rooms are allowed. Yet all have different regulations for smoking rooms. Notably 6 of these 15 cantons do not allow to serve food in smoking rooms while the other 9 cantons allow to wait at tables.
  • Workplaces: Partial ban – Smoking permitted in offices with one person and in smoking rooms.
  • Public Transport: Complete ban
  • Compliance: Good (despite some problems with autonomous party venues)
  • E-cigarettes: The use of e-cigarettes is only prohibited in public transport. It was plant to enlarge the national smoke free law and include e-cigarettes but the law was rejected by the first chamber of the parliament. The second chamber has still to express itself, but the result should be the same as the one from the first chamber. So there should not be any change of the situation soon.

Useful Links

Swiss Tobacco Control Policy (in German, French and Italian)


Turkey

  • Implementation Date: 2007
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Good, Limited in hospitality premises (NB: 25% violation at hospitality premises in Istanbul)
  • E-cigarettes: E-cigarettes are banned indoors. Even if the term e-cigarette is not used in the legislation, “any product that resembles cigarettes, containing tobacco or substances derived from tobacco cannot be used indoors” (Law 6487 of 2013 amending Law 4207 Article 2(6))
  • Further developments: In January 2013, the Turkish Government made it illegal to use hookahs (water pipes) in public places. 

Useful Links

Turkish Ministry of Health (in Turkish)
Sigara ve Sağlik Ulusal Komitesi [National Cigarette and Health Committee] (in Turkish)
WHO Tobacco Country Profile – Turkey


Ukraine

  • Implementation Date: 2012
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban – Smoking is allowed in specific designated area equipped with air ventilation or other means for eliminating tobacco smoke. These areas shall not exceed 10% of the overall area and the display of appropriate graphical warning as well as the following text warning: “Smoking area. Smoking harms your health!” is compulsory
  • Public Transport: Complete ban
  • Compliance: Limited
  • E-cigarettes: The use of e-cigarettes comes under the same legislation that applies to cigarettes (art.26. Protection from exposure to tobacco smoke, of Law No 278 of 2007 on Tobacco Control).

Useful links

Tobacco Control Laws – Country Details For Ukraine

 


United Kingdom

  • Implementation Date: Scotland (2006), England, N. Ireland & Wales (2007)
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Very good
  • E-cigarettes: The use of e-cigarettes does not currently come under smokefree legislation across the UK. Although not prohibited by law, employers/owners/managers of establishments and venues may still choose to prohibit the use of e-cigarettes on their premises.
  • Future developments/Additional information: Smoking in private vehicles carrying children below 18 years old is prohibited (in England and Wales, and in Scotland and in 2017 or after in Northern Ireland).

Useful Links

ASH (Scotland)
ASH (UK)
Cancer Research UK
UK Department of Health


Please click on a country from the map on the left to see country details.

Austria

  • Implementation Date: 2005
  • Bars and Restaurants: Partial ban – Until 2018 Smoking rooms permitted in venues larger than 50m². In one-roomed venues between 50m² and 80m² and venues smaller than 50m², owners can choose whether to provide smoking or non-smoking premises.  From May 1, 2018 there will be a complete ban.
  • Workplaces: Partial ban - Smoking rooms permitted
  • Public Transport: Complete ban
  • Compliance: Weak
  • E-cigarette : Under the same restriction as smoking

Useful Links

Austrian Tobacco Control Policy (in German)


Belgium

  • Implementation Date: 2011 
  • Bars and Restaurants: Partial ban – Ventilated smoking rooms permitted under very strict conditions. 
  • Workplaces: Partial ban – Ventilated smoking rooms permitted under very strict conditions. 
  • Public Transport: Complete ban 
  • Compliance: Good, Limited in bars 
  • E-cigarettes: Their consumption is prohibited in all public places. 

Useful Links

Belgian Foundation against Cancer
Dutch version – Stichting tegen Kanker
French version – Fondation contre le Cancer 
Federal Public Service – Health, Food Chain Safety and Environment
Dutch version 
French version


Bulgaria

  • Implementation Date: June 2012 
  • Bars and Restaurants: Complete ban 
  • Workplaces: Complete ban 
  • Public Transport: Complete ban 
  • Compliance: Weak 
  • E-cigarettes: No specific smokefree regulation identified and no plan for upcoming discussion.

Useful Links

Bulgarian Ministry of Health (in Bulgarian)

National Center of Public Health and Analyses (NCPHA) (in English and Bulgarian)

“Without Smoke”, Bulgarian Anti-Smoking Lobby Group (in Bulgarian)

“Bring back the ban”, Bulgarian Civil Society Platform (in English and Bulgarian)

Ministry of Economy (in English and Bulgarian)

 

 


Croatia

  • Implementation Date: 2010
  • Bars and Restaurants: Complete ban in restaurants, Partial ban in bars – Ventilated smoking rooms permitted. 
  • Workplaces: Complete ban
  • Public Transport: Complete ban 
  • Compliance: Limited
  • E-cigarettes: Regulated as tobacco products under smokefree legislation. Article 17 of the Act on the Restriction of the Use of Tobacco Products which has not been adopted yet, should regulate the use of e-cigarettes. (However there should have no complete ban)(Important to note that Art. 17 is about regulations on e-cigarettes as a product (and prohibition of its advertising) but not on the use of e-cigarettes which is stated on Art. 23)
  • Future developments: Additional information: Local (regional) Governments and the City of Zagreb can separate decision in their area to determine public place where smoking is completely prohibited.

Useful Links

Croatian Ministry of Health (in Croatian)

Act on the Restriction of the Use of Tobacco products and Occupational Health and Safety Act (in Croatian and English)


Cyprus

  • Implementation Date: 2010
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban – Ventilated smoking rooms permitted in specific venues which fall outside of scope of current legislation but the new legislation should introduce a comprehensive ban in all working places.
  • Public Transport: Complete ban – Including smoking in cars carrying children under 16 years old.
  • Compliance: Weak
  • E-cigarettes: No specific smokefree regulation yet. The new regulation should ban the use of e-cigarette in public places.
  • Future developments: The Cypriot government has drafted a new legislation concerning the regulation of e-cigarettes and the enforcement of the existing smokefree legislation as part of its transposition of the EU’s Tobacco Products Directive. It is currently in the hands of the Parliament.

 

Useful Links

Cypriot Ministry of Health


Czech Republic

  • Implementation Date: 2007 (2010 Amendment 305/2009 Coll. to the Act 379/2005 mainly on smoke-free provisions)
  • Bars and Restaurants: No ban - Owners may choose whether to designate their premises as smoking or non-smoking, or provide structurally separated areas for smokers and non-smokers. If smoking is permitted, there must be sufficient ventilation. Smoking and non-smoking designation must be clearly labelled. 
  • Workplaces: Partial ban - Obligation for employees not to smoke at work or in premises where non-smokers would be exposed to the effects of smoking. There are some types of workplaces where there is a ban on smoking according to the law such as schools.
  • Public Transport: Partial ban – Smoking permitted in structurally separated areas with ventilation in the buildings related to public transport such as airports or train stations.
  • Compliance: Limited
  • E-cigarettes: Despite the fact that smoking is not defined in Act No. 379/2005 Coll., appropriate provisions stipulating places with smoking ban include the use of electronic cigarettes. However, this is not a legally binding opinion and a revision of legislation is underway. 
  • Future Developments: Recently the Czech Parliament approved full smoking ban in restaurants and all other hospitality places. Now the law goes to the Senate and the President, but no big troubles there are to be expected. E-cigarettes are not included in the ban. The ban will be effective as of end of May 2017.

Useful Links

Czech Ministry of Health (in Czech)

Czech Coalition Against Tobacco (in Czech) 
Smoke Free Czech Republic (in Czech)

Czech National Website for the Promotion of Smoking Cessation (in Czech – operational from 1st August 2016)

 

FCTC Implementation Database on the Czech Republic


Denmark

  • Implementation Date of FCTC Art.8: 2007, 2012 (latest amendment)
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted in restaurants and bars larger than 40m². Smoking is permitted in some bars with a serving area smaller than 40m² only if they have chairs and tables. The furniture criteria has been designed to ensure that new concept venues such as wine bars or DJ bars do not come under the exception for small bars.
  • Workplaces: Partial Ban – Smoking rooms permitted.
  • Public Transport: Partial Ban – Smoking rooms permitted on passenger ships.
  • Compliance: Limited
  • E-cigarettes: The regulation from 2016 does not ban e-cigarette yet it regulates it.

Useful Links

Danish Ministry of Health (in Danish)


Estonia

  • Implementation Date: 2007
  • Bars and Restaurants: Partial ban - Smoking rooms permitted .
  • Workplaces: Partial ban - Ventilated smoking rooms permitted .
  • Public Transport: Partial ban - Designated, ventilated smoking rooms on trains and passenger ships permitted .
  • Compliance: Limited
  • E-cigarettes: E-cigarette use is prohibited under the same restriction as any other tobacco product .
  • Future Developments: Following the initiation of a tobacco policy review in 2011, the Tobacco Policy Green Paper was approved by the Estonian government on 31 January 2014. The Tobacco Policy Green Paper is a comprehensive tobacco control policy covering all areas of tobacco control including smoke free environments, alternative tobacco and nicotine products, illicit trade, education and cessation. The Tobacco Policy Green Paper has set a national target to reduce prevalence of tobacco use by 30% by 2025. In 2017, smoking areas should be forbidden in public institutions and later smoking rooms too even if no date has been defined yet on this point.
  • Additional information: Children are prohibited to smoke tobacco products, use e-cigarettes or to be in smoking rooms. 

Useful Links

Estonian Ministry of Social Affairs (in Estonian, Russian and English) 
Joint National Capacity Assessment of Tobacco Control Policies in Estonia by WHO Europe and the Estonian Ministry of Social Affairs

Estonian Tobacco Act (in English)

 

Estonian Green Paper on Tobacco Policy (in English) 


Finland

  • Implementation Date: 2016
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms with separate ventilation where no food or drink is served and no staff work are permitted
  • Workplaces: Partial ban - Designated smoking rooms permitted (in practice do not exist at all due to very strict and expensive regulations for those rooms)
  • Public Transport: Partial ban - Smoking rooms permitted and smoking permitted in restaurants smaller than 50m² on international vessels, ONLY on international vessels, not in the restaurants in the Finnish territory.
  • Compliance: Very Good
  • E-cigarettes: E-cigarettes will be subject to the same regulation as tobacco products. The same age limit will apply to the purchase of e-cigarettes as to the purchase of tobacco products. The sale of nicotine-containing liquids will be subject to a licence and they must not contain any flavourings, such as candy or fruit flavours. The use of e-cigarettes will be prohibited in non-smoking areas and they must not be kept on display in retail outlets.
  • Future developments: The new Tobacco Act will allow housing companies to apply to their municipality for a prohibition of smoking on balconies and in other outdoor areas of a dwelling, such as a terrace. A municipal authority can prohibit smoking if structures of the building or other circumstances allow smoke to spread, other than in exceptional cases, for example from one balcony to another. The spreading of tobacco smoke will be a sufficient reason for imposing a prohibition and there will be no need to prove a health hazard, contrary to the current procedure based on the Health Protection Act. The same possibility to intervene will also apply to situations in which smoke spreads from one dwelling to another through the structures of the building. In addition, the new Act bans smoking in cars with children under the age of 15. The smoking ban will reduce children's exposure to tobacco smoke and associated damaging health effects. The ban will not apply to the living quarters in vehicles, such as camper vans. There are several transition periods. For example the provisions concerning ban on smoking on balconies will be applicable as of the beginning of the year 2017. The aim of the law is to end the use of tobacco and other nicotine products by 2030. Thus the aim is not by 2040 anymore, it is Tobacco-Free Finland 2030. 

Useful Links

Finland’s ASH
Finnish Tobacco Control Policy
Tobacco Free Finland 2040 Network

New Act available only in Finnish and Swedish 

 


France

  • Implementation Date: 2007, and 2008 for the hospitality sector 
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms permitted under very strict technical and dissuasive economic conditions, and very few exist in practice. Serving staff and minors are not permitted to enter.
  • Workplaces: Partial ban - Ventilated smoking rooms permitted under very strict administrative technical and dissuasive economic conditions, very few exist in practice. 
  • Public Transport: Complete ban
  • Future developments: Smoking in private vehicles carrying children below 18 years old is prohibited. 
  • Compliance: Good 
  • E-cigarettes: Use of e-cigarettes in public spaces is prohibited in schools and in establishments receiving children, in enclosed public transports and in enclosed or covered collective workplaces (Art. L. 3713-6 Code of Public Health).

Useful Links

National Committee against Tobacco (CNCT) (in French)
French Alliance against Tobacco (in French)
French Tobacco Control Policy (in French)


Germany

  • Implementation Date: 2007
  • Bars and Restaurants: No national law – Each state applies its own specific legislation. 
  • Workplaces: Partial ban –Workplaces are smokefree or partially smokefree. Workplaces open to the public (this mainly applies to the hospitality sector) are exempt from this regulation.
  • Public Transport: Complete ban 
  • Compliance: Limited -The German Cancer Research Centre conducted several studies on the implementation of the law concerning smoking in the hospitality sector and found several violations. It is also apparent that a great number of hospitality venues use the exemptions to allow smoking. 
  • E-cigarettes: The legal position of e-cigarettes under smoke-free legislation was clarified in a 2014 court ruling which ruled that e-cigarettes cannot be considered under existing smoke-free legislation. Therefore, their use is permitted unless prohibited by the owner of the premises.

Useful Links

Aktionsbündnis Nichtrauchen e. V. [Tobacco control campaign alliance of 11 public health NGOs] 
Deutsches Krebsforschungszentrum [German Cancer Research Centre] - (predominantly in German although there are also a number of publication in English) 
Die Drogenbeauftragte der Bundesregierung [German Drug Commissioner] (in German) 
German Ministry of Health (in German) 
Nichtraucher-Initiative Deutschland e.V. [Umbrella organisation for local and regional passive smoking initiatives in Germany] (in German)

ABNR page on Federal Laws on Smoke Free Environments

State level:

At state level, all 16 states have implemented additional smoke-free legislation. However, most states still allow for the use and provision of smoking rooms in the hospitality sector. In fact, only three states (Bavaria, North Rhine-Westphalia and Saarland) have introduced comprehensive smoke-free legislation; all hospitality venues are smoke-free and smoking rooms are not permitted (January 2015).

Some states relaxed smoke-free legislation in 2008 when the Federal Constitutional Court of Germany ruled that the specific smoking bans in Berlin and Baden-Württemberg were unconstitutional. Their specific bans prohibited smoking in all venues but allowed for the provision of smoking rooms if an additional room was available. In practice, this meant that small, one-roomed bars were fully smoke-free as they could not accommodate appropriate smoking facilities whilst larger bars with more than one room were able to provide smoking facilities. The claimants argued that the economic viability of their one-roomed premises were under threat from unfair competition which breached their occupational rights and the right of ownership under the German constitution. This judgement resulted in exemptions for small, one-roomed bars across many states. Importantly, the Federal Constitutional Court did not rule that 100% smoke-free laws were unconstitutional and German states remain free to introduce comprehensive smoke-free legislation in all hospitality venues. 

Baden-Württemberg 

  • Implementation date: July 2007, amendment March 2009
  • Bars and Restaurants: Partial ban – Smoking rooms permitted¸ smoking rooms must be separated and clearly designated 
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Compliance: Limited – Analysis by DKFZ has shown that existing legislation is not always being respected. 

Useful Links

Baden-Württemberg Smokefree Policy (in German)
Nichtraucherschutz in Baden-Württemberg and
Mangelhafter Nichtraucherschutz und Gesetzesverstöße in Diskotheken in Baden-Württemberg

Bavaria

  • Implementation date: January 2008, amendment August 2010 (In May 2010, Bavaria held a public vote in which 61% supported the strengthening of existing smoke-free legislation). 
  • Bars and Restaurants: Complete ban including on shisha and at festivals such as Oktoberfest. 

Useful Links

Bavarian Smokefree policy (in German)

Bavarian Ministry of Health – Tobacco section (in German) 

Berlin

  • Implementation Date: November 2007, amendment May 2009
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated and clearly designated
  • In one-roomed bars smaller than 75m² smoking is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha bars are exempt from smoke-free legislation. 

Useful links:

Berlin Smokefree Policy (in German)

Brandenburg

  • Implementation Date: December 2007, last amendment July 2010
  • Bars and Restaurants: Partial ban – Smoking rooms permitted if completely separated and clearly designated
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha use is regulated under the same legislation.

Useful links:

Brandenburg Smokefree Policy (in German)

Bremen

  • Implementation Date: January 2009
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, and not be accessible by persons under 18 years. No prepared food must be served.
  • Smoking in hospitality tents is permitted
  • Compliance: limited. Often the smoking rooms are neither completely separated nor clearly designated.  

Useful links:

Bremen Smokefree Policy (in German)

DKFZ Analysis of the implementation of Bremen smoke-free policy (in German)

Hamburg

  • Implementation Date: January 2008, last amendment June 2012
  • Bars and Restaurants: Partial ban- Smoking rooms allowed if separated and ventilated, not accessible to persons under 18 years, and the rooms are smaller than the non-smoking sector. 
  • Smoking in one-roomed bars and restaurants smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha use is subject to the same legislation.
  • Compliance: Limited. Often smoking rooms are bigger than allowed or are not clearly designated 

Useful links:

Hamburg Smokefree Policy (in German)

DKFZ Analysis of the implementation of Hamburg smoke-free policy (in German)

Hessen

  • Implementation Date: October 2007, last amendment September 2012 
  • Bars and Restaurants: Partial ban – Smoking rooms. Rooms must be clearly separated and designated and not be accessible by persons under 18 years. 
  • Smoking is allowed in separated rooms designated to private function. In this case, prepared food may be served and persons under 18 years may be present.
  • Smoking in one-roomed bars smaller than 75m² is permitted. Such smoking premises must be clearly designated, not serve hot or prepared food and not be accessible by persons under 18 years.
  • Smoking is allowed in hospitality tents that are used no longer than 21 days in a row at one place; they must be clearly designated.
  • Smoking is allowed in casinos. 
  • Shisha use is subject to the same legislation.

Useful links:

Hessen Smokefree Policy (in German)

FAQ on Smoking in Hessen (in German) 

Lower Saxony

  • Implementation Date: August 2007, last amendment December 2008 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated and clearly designated.
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Shisha use is subject to the same legislation.

Useful links:

Lower Saxony Smokefree Policy (in German)

Mecklenburg-Vorpommern

  • Implementation date: August 2007 
  • Bars and Restaurants: Partial ban – Smoking rooms. Rooms must be completely separated, clearly designated and not be accessible by persons under 18 years.
  • Smoking in one-roomed bars smaller than 75m² is permitted. Rooms must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Shisha use is subject to the same legislation.
  • Compliance: Limited. Often the smoking rooms are not completely separated or the restriction of youth access is not designated.

Useful links:

Mecklenburg-Vorpommern Smokefree Legislation (in German)

North Rhine-Westphalia

  • Implementation Date: 2008, last amendment May 2013
  • Bars and Restaurants: Complete ban – Also applies to shisha. However, smoking is permitted in closed rooms hosting private functions. The most recent legislation also banned smoking in some outdoor public spaces including school grounds and children’s playgrounds. 
  • Compliance: Limited. Often the smoking rooms are not completely separated.

Useful links:

North Rhine-Westphalia Smokefree Policy (in German)

DKFZ Analysis of the implementation of North-Rhine-Westphalia smoke-free policy (in German) 

Rhineland-Palatinate

  • Implementation Date: February 2008, last amendment June 2009
  • Bars and Restaurants: Partial ban – Smoking rooms permitted. Rooms must be smaller than the main room, clearly separated and designated.
  • Smoking in and smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated and must not serve prepared food.
  • Smoking is permitted in rooms hosting private functions
  • Smoking is allowed in hospitality tents that are used no longer than 21 days in a row at one place; they must be clearly designated
  • Shisha use is subject to the same legislation.

Useful links:

Rhineland-Palatinate Smokefree Policy (in German)

Saarland

  • Implementation Date: November 2007, last amendment February 2010 
  • Bars and Restaurants: Complete ban – applies also to shisha use. 

Useful links:

Saarland Smokefree Legislation (in German)

Saxony

  • Implementation Date: February 2008 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated and not be accessible by persons under 18 years. 
  • Smoking is permitted in rooms hosting private functions
  • Shisha use is subject to these regulations. 

Useful links:

Sachsen Smokefree Policy (in German)

Saxony-Anhalt

  • Implementation Date: January 2008 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha use is subject to the same legislation.

Useful links:

Saxony-Anhalt Smokefree Policy (in German)

Schleswig-Holstein

  • Implementation Date: December 2007 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Smoking is allowed in hospitality tents that are used no longer than 21 days in a row at one place; they must be clearly designated and not accessible to persons under 18 years
  • Shisha use is subject to the same legislation. 
  • Compliance: Limited – Analysis by DKFZ has shown that existing legislation is not always being respected.

Useful links:


Schleswig-Holstein Smokefree Policy (in German)

DKFZ Analysis of the implementation of Schleswig-Holstein smokefree policy (in German)

Thuringia

  • Implementation Date: July 2008, last amendment 2012 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars and Casinos smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Smoking is allowed in hospitality tents

Useful links:

Thuringia Smokefree Legislation (in German)


Greece

  • Implementation Date: 2003
  • Bars and Restaurants: Complete ban in restaurants, Partial ban in bars - smoking permitted in entertainment centres larger than 300m² with live music and casinos.
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Weak – Greece continues to host exceptionally high passive smoking exposure rates at 71% in bars, 72% in restaurants and 58% in workplaces (EC, 2013b). As a result, Greece has been awarded the red status despite its strong and comprehensive smokefree legislation.
  • E-cigarettes: No specific smokefree regulation identified.

 

Useful Links

Greek Ministry of Health (in Greek)
Global Adult Tobacco Survey – Greece


Hungary

  • Implementation Date: 2012
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Good
  • E-cigarettes: The use of e-cigarettes comes under the same legislation that applies to cigarettes (Act XLII of 1999 on the Protection of Non-Smokers and Certain Regulations on the Consumption and Distribution of Tobacco Products).

Useful Links

Hungarian Ministry of Health (in Hungarian) 
WHO Tobacco Country Profile – Hungary 
WHO Tobacco Control in Practice – Article 8: Protection from exposure to tobacco smoke: the story of Hungary


Iceland

  • Implementation Date: 2011, 2014 (latest amendments in 2013 enforced in 2014)
  • Bars and Restaurants: Complete ban  
  • Workplaces: Partial ban – Ventilated smoking rooms permitted for staff only in all workplaces including hospitality venues and public transport.  
  • Public Transport: Partial ban: smoking on international commercial flight that does not land in Iceland may be allowed
  • Compliance: Good
  • E-cigarettes: No specific smokefree regulation identified. 

Useful Links

Icelandic Ministry of Welfare
Tobacco control legislation (in English)
Detailed overview of tobacco control legislation in Iceland
WHO Tobacco Country Profile – Iceland


Ireland

  • Implementation Date: Scotland (2006), England, N. Ireland & Wales (2007)
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Very good
  • E-cigarettes: The use of e-cigarettes does not currently come under smokefree legislation across the UK. Although not prohibited by law, employers/owners/managers of establishments and venues may still choose to prohibit the use of e-cigarettes on their premises.
  • Future developments/Additional information: Smoking in private vehicles carrying children below 18 years old is prohibited (in England and Wales, and in Scotland and in 2017 or after in Northern Ireland).

Useful Links

ASH Ireland
Irish Cancer Society
Irish Tobacco Control Policy


Italy

  • Implementation Date: 2005, 2013 
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms permitted. 
  • Workplaces: Partial ban - Ventilated smoking rooms permitted. 
  • Public Transport: Complete ban
  • Compliance: Very Good. The Italian surveillance on Behaviour and risk factors (called PASSI http://www.epicentro.iss.it/passi/dati/fumoPassivo.asp account for a 90.3% of respect of the law in public places, a 92.1% of respect in working place and a 79.6% of respect at home (despite the absence of a ban) 
  • E-cigarettes: In Italy the use of e-cigarette containing nicotine is not banned in enclosed public places except for schools and school premises
  • Future developments/Additional information: The law which transposed the UE TPD (law n.6 of 12 of January 2016) introduced the ban of smoking in car in presence of pregnant and minors and in the premises of the gynaecological, obstetrical and paediatric hospitals. 

Useful Links

Italian Ministry of Health (in Italian)
Italian Legislation (in Italian)


Latvia

  • Implementation Date: 2011 
  • Bars and Restaurants: Complete ban 
  • Workplaces: Partial ban - Smoking rooms permitted. 
  • Public Transport: Partial ban - Smoking permitted on long-distance trains and ships in designated areas.
  • Compliance: Good
  • E-cigarettes: Since November 2014, their use is regulated under smokefree legislation. The use of e-cigarette is regulated in the same way as smoking.
  • Future developments/Additional information: In May 2013, the Latvian government adopted legislation which makes smoking among children a form of abuse. This includes smoking in cars when children are also travelling. Implementation of the legislative changes is pending. From May 2016 it is prohibited to smoke in the presence of a pregnant woman as well as in cars belonging to the State or the municipality. The use of waterpipes, e-cigarettes and any kind of product that is used by mouthpiece to inhale nicotine or other chemicals containing smoke or vapor is regulated under the same conditions as smoking.

Useful Links

Latvian Ministry of Health (in Latvian)

Centre for Disease Prevention and Control (in Latvian)


Lithuania

  • Implementation Date: 2007
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban - Ventilated smoking rooms permitted.
  • Public Transport: Partial ban – Smoking permitted on long-distance trains and on aircraft in designated areas.
  • Compliance: Good
  • E-cigarettes: The use of e-cigarettes is regulated under the same condition as for other cigarettes. From January 2015, it is prohibited to sell, buy or otherwise transmit electronic cigarettes to person under 18 years of age. 

Useful Links

Lithuanian Ministry of Health (in Lithuanian)
Drug Tobacco and Alcohol Control Department (in Lithuanian)
Lithuanian National Tobacco and Alcohol Control Coalition (in Lithuanian)

Lithuanian Law on Tobacco Control (in Lithuanian)


Luxembourg

  • Implementation Date: 2014  
  • Bars and Restaurants: Partial ban – Ventilated smoking rooms with no service permitted. 
  • Workplaces: Partial ban - Ventilated smoking rooms permitted. Actually, there is a total ban in public Workplaces like governmental institutions. There is no ban in private companies unless the company establishes a smoke ban. 
  • Public Transport: Partial ban - Ventilated smoking rooms permitted. There is a total ban in public transport. With the upcoming national law, this ban will be extended to private cars and cars transporting people when minors (under 12 yeras old) are on board. 
  • Compliance: Good 
  • E-cigarettes: No specific smokefree regulation identified. E-cigarettes will be regulated in the new upcoming national law. It will be prohibited to vape where it is prohibited to smoke. The EU Tobacco Products Directive (2014/40/EU) has not yet been transposed into national law, but the bill amending tobacco legislation in order to transpose that directive has recently been introduced into the legislative procedure.

Useful links

Luxembourg Ministry of Health (in French)

Government of Luxemburg website

 

 

 


Malta

  • Implementation Date: 2013 
  • Bars and Restaurants: Complete ban 
  • Workplaces: Complete ban 
  • Public Transport: Complete ban 
  • Compliance: Limited 
  • E-cigarettes: Regulated under smokefree legislation. 

Useful Links

Maltese Ministry of Health

Moldova

  • Implementation Date: 2016
  • Bars and Restaurants: Partial ban – In all closed and semi-closed public places
  • Workplaces: Partial ban – In a radius of 10 m from the entrance in enclosed public places, including places of common use, and at the workplace, from windows that open and seats / capture installations air for enclosed public places and jobs
  • Public Transport: Complete ban
  • Compliance: Too early to judge but probably partial
  • E-cigarettes: The use of e-cigarettes comes under the same legislation that applies to cigarettes (Art.26. Protection from exposure to tobacco smoke, of Law No 278 of 2007 on Tobacco Control).

Useful links

National Public Health Centre 


Netherlands

  • Implementation Date: 2008 
  • Bars and Restaurants: Partial ban - Separate smoking rooms with no service permitted. 
  • Workplaces: Partial ban - Smoking rooms permitted. 
  • Public Transport: Complete ban 
  • Compliance: Good, Limited in bars 
  • E-cigarettes: No specific smokefree regulation identified. 

Useful Links

Alliantie Rookvrij Nederlands (Dutch Alliance for a Smokefree Society) (in Dutch)
Compliance and enforcement figures from the Dutch House of Representatives (in Dutch)
Dutch Food and Consumer Product Safety Authority (in Dutch)
Dutch Ministry of Health, Welfare and Sport (in Dutch)
Dutch Smokefre laws and policies (in Dutch)

Government website on smokefree regulations


Norway

  • Implementation Date: 2004, 2012 (latest amendments in 2013)
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban – Smoking rooms permitted in nursing homes and prisons. Please see ‘Chapter 5. Special prohibitions against tobacco use’ in Act No. 14 of 9 March 1973 relating to Prevention of the Harmful Effects of Tobacco for further information.
  • Public Transport: Complete ban 
  • Compliance: Good
  • E-cigarettes: From 2013, e-cigarettes are covered by the Tobacco Act as “tobacco substitutes”. It forbids sell of e-cigarettes (as well as tobacco products) to minors and free distribution. Also, a bill suggests that Chapter 5. Special prohibitions against tobacco use’ in Act No. 14 of 9 March 1973 relating to Prevention of the Harmful Effects of Tobacco should include the use of e-cigarettes. The bill will most likely be discussed in Parliament (Stortinget) this autumn. The bill - Prop. 142 L (2015–2016) (in Norwegian).
  • Additional information: the Norwegian Medical Association asked for a ban on tobacco sales applying to every Norwegian born from 2000 onwards for a smoke-free society by 2035.  The Tobacco Act states from 2013 that “children are entitled to a smoke-free environment. The person responsible for a child shall contribute to ensuring that this right is fulfilled” 

Useful Links

Norwegian Ministry of Health and Care Services (in Norwegian)
Norwegian Tobacco Control Policy (in Norwegian)

https://kreftforeningen.no/en/main-priorities/ (English part of the Norwegian Cancer Society’s website).

 


Poland

  • Implementation Date: 2010
  • Bars and Restaurants: Partial ban – Smoking rooms permitted.
  • Workplaces: Partial ban - Ventilated smoking rooms permitted.
  • Public Transport: Partial ban - Special isolated rooms for smoking in airports and in waiting halls in bus/train stations permitted.
  • Compliance: Limited  
  • E-cigarettes: The use of e-cigarettes does not currently come under smokefree legislation across Poland though some local authorities such as Krakow and Warsaw have moved to ban their use on public transport. Project to forbid use of e-cigarette where smoking is prohibited and to ban online sale and sale to minors as well .

Useful Links

Polish Ministry of Health (in Polish)
Detailed overview of tobacco control legislation in Poland
Manko [Polish student association operating nationwide tobacco awareness, public health and ageing campaigns and programmes. It also leads the work of the Smokefree Poland Partnership]
Smokefree Poland Partnership
Smokefree Rooms Campaign (in Polish)

 


Portugal

  • Implementation Date: 2008; (new amendment enacted in August 2015, and will come into force on 1st January 2021. The new amendment is not clear and maintains a partial ban. I will have to revise the law carefully and I will provide feedback to you.)
  • Bars and Restaurants: Partial ban - Ventilated smoking areas permitted.
  • Workplaces: Partial ban - Designated smoking areas or rooms permitted. 
  • Public Transport: Complete ban
  • Compliance: Limited, and limited enforcement. Very difficult to apply fines, even in premises that should be 100% smoke-free such as hospitals. Poor enforcement is a major barrier to compliance.
  • E-cigarettes: Regulations applying to smoking also apply to vaping, but in the case of smoke-free laws they only apply to nicotine-containing e-cigarettes. In addition minors are prohibited to buy and use e-cigarettes

Useful Links

General Directorate of Health (In Portuguese)
National Programme for Smoking Prevention and Control (In Portuguese)
Portuguese Ministry of Health (In Portuguese)
WHO Tobacco Country Profile – Portugal


Romania

  • Implementation Date: 2016
  • Bars and Restaurants: Complete ban - No smoking rooms permitted.
  • Workplaces: Complete ban - No smoking rooms permitted.
  • Public Transport: Complete ban
  • Compliance: Good
  • Future Developments: Extension of the total ban for e-cigarettes and water pipes
  • E-cigarettes: Ban of e-cigarettes only in public transport
  • Smoking is allowed in separated and ventilated rooms designed for smoking in the transit area of international airports, and in the cells of prisoners detained in high security prisons (one cell is used only by one prisoner; in the rest of prisons, smoking is completely banned inside the buildings).

Useful links

Romanian Ministry of Health (in Romanian)
WHO Tobacco Country Profile – Romania


Slovakia

  • Implementation Date: 2005
  • Bars and Restaurants: No ban in bars, Partial ban in restaurants – Smoking rooms permitted.
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Good
  • E-cigarettes: Regulated under smokefree legislation.

Useful Links

Slovakian Ministry of Health (in Slovak)
WHO Tobacco Country Profile – Slovakia


Slovenia

  • Implementation Date: 2007 
  • Bars and Restaurants: Partial ban - Smoking rooms, where no food or drink is allowed, permitted. Smoking rooms must be no bigger than 20% of the entire property and cannot constitute a transition room between two rooms. 
  • Workplaces: Partial ban - Smoking rooms, where no food or drink is allowed, permitted. Smoking rooms must be no bigger than 20% of the entire property and cannot constitute a transition room between two rooms. 
  • Public Transport: Complete ban 
  • Compliance: Limited 
  • E-cigarettes: No specific smokefree regulation identified. Yet Slovenia is planning to introduce a new law on tobacco that should also include a ban on e-cigarette use in public spaces.

Useful Links

Slovenian Coalition for Tobacco Control (in Slovene)
Slovenian Ministry of Health (in Slovene)
WHO Tobacco Country Profile – Slovenia
Youth Network No Excuse Slovenia (in Slovene)


Spain

  • Implementation Date: 2011
  • Bars and Restaurants: Complete ban. Smoking is permitted in private smoking clubs but they are tightly regulated: clubs must provide no member benefits, prohibit entry to minors and not serve food or drinks.
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Very Good
  • E-cigarettes: The use of e-cigarettes was prohibited in January 2014 in public spaces including hospitals, education centers, public administration buildings and public transport.

 

Useful Links

Spanish Ministry of Health, Social Services and Equality - (in Spanish)
PORQUE NOSOTROS Sľ! XQNS! - Grassroots movement for public health and the advancement of the smokefree law in Spain - (in Spanish and English)
Detailed overview of tobacco control legislation in Spain

Spanish Committee for Smoking Prevention (in Spanish)

 


Sweden

  • Implementation Date: 2010
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms where no food or drink is served and no staff work are permitted
  • Workplaces: Partial ban - Designated smoking rooms permitted. The smoking rooms are under very strict building codes.
  • Public Transport: Partial ban - Smoking rooms permitted and smoking permitted in restaurants smaller than 50m² on international vessels  
  • Compliance: Good
  • E-cigarettes: According to Sweden’s Tobacco Act smoking bans are applied to use of e-cigarettes (Tobacco Act Chapter 10 § 73). From 1 January 2017, regulations applying to tobacco products also apply to the use of e-cigarettes  (licensing, age limits, ban of flavours, display ban, advertising ban, ban the use in the smoke-free area)

Useful Links

A Non-Smoking Generation (in Swedish and English)
Swedish Ministry of Health and Social Affairs
Tobaksfakta: A think tank on tobacco (in Swedish)
WHO FCTC Implementation Report


Switzerland

Smokefree legislation in Switzerland is highly dependent on individual cantons. In May 2010, nationwide minimum requirements were introduced yet subsequent attempts to introduce a consistent indoor smoking ban have failed. Switzerland is not a party to WHO FCTC. 11 cantons have adopted the nationwide minimum required by the national law. 15 of the 26 cantons have gone beyond the national minimum and have currently declared themselves smokefree in public places though all still allow smoking rooms. Information regarding the smokefree legislation in individual cantons can be found here.

  • Implementation Date: May 2010
  • Bars and Restaurants: Partial ban – Ventilated smoking rooms permitted and small bars of less than 80m² may allow smoking. In the 15 cantons having smoke-free regulations stronger than the national law, smoking rooms are allowed. Yet all have different regulations for smoking rooms. Notably 6 of these 15 cantons do not allow to serve food in smoking rooms while the other 9 cantons allow to wait at tables.
  • Workplaces: Partial ban – Smoking permitted in offices with one person and in smoking rooms.
  • Public Transport: Complete ban
  • Compliance: Good (despite some problems with autonomous party venues)
  • E-cigarettes: The use of e-cigarettes is only prohibited in public transport. It was plant to enlarge the national smoke free law and include e-cigarettes but the law was rejected by the first chamber of the parliament. The second chamber has still to express itself, but the result should be the same as the one from the first chamber. So there should not be any change of the situation soon.

Useful Links

Swiss Tobacco Control Policy (in German, French and Italian)


Turkey

  • Implementation Date: 2007
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Good, Limited in hospitality premises (NB: 25% violation at hospitality premises in Istanbul)
  • E-cigarettes: E-cigarettes are banned indoors. Even if the term e-cigarette is not used in the legislation, “any product that resembles cigarettes, containing tobacco or substances derived from tobacco cannot be used indoors” (Law 6487 of 2013 amending Law 4207 Article 2(6))
  • Further developments: In January 2013, the Turkish Government made it illegal to use hookahs (water pipes) in public places. 

Useful Links

Turkish Ministry of Health (in Turkish)
Sigara ve Sağlik Ulusal Komitesi [National Cigarette and Health Committee] (in Turkish)
WHO Tobacco Country Profile – Turkey


Ukraine

  • Implementation Date: 2012
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban – Smoking is allowed in specific designated area equipped with air ventilation or other means for eliminating tobacco smoke. These areas shall not exceed 10% of the overall area and the display of appropriate graphical warning as well as the following text warning: “Smoking area. Smoking harms your health!” is compulsory
  • Public Transport: Complete ban
  • Compliance: Limited
  • E-cigarettes: The use of e-cigarettes comes under the same legislation that applies to cigarettes (art.26. Protection from exposure to tobacco smoke, of Law No 278 of 2007 on Tobacco Control).

Useful links

Tobacco Control Laws – Country Details For Ukraine

 


United Kingdom

  • Implementation Date: Scotland (2006), England, N. Ireland & Wales (2007)
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Very good
  • E-cigarettes: The use of e-cigarettes does not currently come under smokefree legislation across the UK. Although not prohibited by law, employers/owners/managers of establishments and venues may still choose to prohibit the use of e-cigarettes on their premises.
  • Future developments/Additional information: Smoking in private vehicles carrying children below 18 years old is prohibited (in England and Wales, and in Scotland and in 2017 or after in Northern Ireland).

Useful Links

ASH (Scotland)
ASH (UK)
Cancer Research UK
UK Department of Health


Click on the country name in the table below to see country details

Country e-Cigarettes Bar Restaurant Workplace Transport Compliance Overall
austria Partial Ban Partial Ban Partial Ban Partial Ban Complete Ban Weak Limited
belgium Complete Ban Partial Ban Partial Ban Partial Ban Complete Ban Good Good
bulgaria Unknown / No Legislation Complete Ban Complete Ban Complete Ban Complete Ban Weak Partial Ban
croatia Partial Ban Partial Ban Complete Ban Complete Ban Complete Ban Limited Limited
cyprus Unknown / No Legislation Complete Ban Complete Ban Partial Ban Complete Ban Weak Limited
czech republic Unknown / No Legislation No Ban No Ban Partial Ban Partial Ban Limited Weak
denmark Partial Ban Partial Ban Partial Ban Partial Ban Partial Ban Limited Limited
estonia Partial Ban Partial Ban Partial Ban Partial Ban Partial Ban Limited Limited
finland Partial Ban Partial Ban Partial Ban Partial Ban Partial Ban Very Good Very Good
france Partial Ban Partial Ban Partial Ban Partial Ban Complete Ban Good Very Good
germany Unknown / No Legislation Partial Ban Partial Ban Partial Ban Complete Ban Limited Limited
greece Unknown / No Legislation Partial Ban Complete Ban Complete Ban Complete Ban Weak Weak
hungary Complete Ban Complete Ban Complete Ban Complete Ban Complete Ban Good Very Good
iceland Unknown / No Legislation Complete Ban Complete Ban Partial Ban Partial Ban Good Very Good
ireland Unknown / No Legislation Complete Ban Complete Ban Complete Ban Complete Ban Good Very Good
italy Partial Ban Partial Ban Partial Ban Partial Ban Complete Ban Very Good Good
latvia Partial Ban Complete Ban Complete Ban Partial Ban Partial Ban Good Very Good
lithuania Partial Ban Complete Ban Complete Ban Partial Ban Partial Ban Good Very Good
luxembourg Unknown / No Legislation Partial Ban Partial Ban Partial Ban Partial Ban Good Good
malta Complete Ban Complete Ban Complete Ban Complete Ban Complete Ban Limited Very Good
moldova Unknown / No Legislation Partial Ban Partial Ban Partial Ban Complete Ban Partial Ban Weak
netherlands Partial Ban Complete Ban Complete Ban Partial Ban Complete Ban Good Good
norway Partial Ban Complete Ban Complete Ban Partial Ban Complete Ban Good Very Good
poland Partial Ban Partial Ban Partial Ban Partial Ban Partial Ban Limited Limited
portugal Partial Ban Partial Ban Partial Ban Partial Ban Complete Ban Limited Limited
romania Unknown / No Legislation Complete Ban Complete Ban Complete Ban Good Good Very Good
slovakia Partial Ban No Ban Partial Ban Complete Ban Complete Ban Good Weak
slovenia Unknown / No Legislation Partial Ban Partial Ban Partial Ban Complete Ban Weak Limited
spain Partial Ban Complete Ban Complete Ban Complete Ban Complete Ban Very Good Very Good
sweden Partial Ban Partial Ban Partial Ban Partial Ban Partial Ban Good Good
switzerland Partial Ban Partial Ban Partial Ban Partial Ban Complete Ban Good Good
turkey Partial Ban Complete Ban Complete Ban Complete Ban Complete Ban Limited Very Good
ukraine Partial Ban Complete Ban Complete Ban Partial Ban Complete Ban Limited Limited
united kingdom Partial Ban Complete Ban Complete Ban Complete Ban Complete Ban Good Very Good

Aland

Albania

Algeria

Andorra

Austria

  • Implementation Date: 2005
  • Bars and Restaurants: Partial ban – Until 2018 Smoking rooms permitted in venues larger than 50m². In one-roomed venues between 50m² and 80m² and venues smaller than 50m², owners can choose whether to provide smoking or non-smoking premises.  From May 1, 2018 there will be a complete ban.
  • Workplaces: Partial ban - Smoking rooms permitted
  • Public Transport: Complete ban
  • Compliance: Weak
  • E-cigarette : Under the same restriction as smoking

Useful Links

Austrian Tobacco Control Policy (in German)

Belarus

Belgium

  • Implementation Date: 2011 
  • Bars and Restaurants: Partial ban – Ventilated smoking rooms permitted under very strict conditions. 
  • Workplaces: Partial ban – Ventilated smoking rooms permitted under very strict conditions. 
  • Public Transport: Complete ban 
  • Compliance: Good, Limited in bars 
  • E-cigarettes: Their consumption is prohibited in all public places. 

Useful Links

Belgian Foundation against Cancer
Dutch version – Stichting tegen Kanker
French version – Fondation contre le Cancer 
Federal Public Service – Health, Food Chain Safety and Environment
Dutch version 
French version

Bosnia and Herz.

Bulgaria

  • Implementation Date: June 2012 
  • Bars and Restaurants: Complete ban 
  • Workplaces: Complete ban 
  • Public Transport: Complete ban 
  • Compliance: Weak 
  • E-cigarettes: No specific smokefree regulation identified and no plan for upcoming discussion.

Useful Links

Bulgarian Ministry of Health (in Bulgarian)

National Center of Public Health and Analyses (NCPHA) (in English and Bulgarian)

“Without Smoke”, Bulgarian Anti-Smoking Lobby Group (in Bulgarian)

“Bring back the ban”, Bulgarian Civil Society Platform (in English and Bulgarian)

Ministry of Economy (in English and Bulgarian)

 

 

Croatia

  • Implementation Date: 2010
  • Bars and Restaurants: Complete ban in restaurants, Partial ban in bars – Ventilated smoking rooms permitted. 
  • Workplaces: Complete ban
  • Public Transport: Complete ban 
  • Compliance: Limited
  • E-cigarettes: Regulated as tobacco products under smokefree legislation. Article 17 of the Act on the Restriction of the Use of Tobacco Products which has not been adopted yet, should regulate the use of e-cigarettes. (However there should have no complete ban)(Important to note that Art. 17 is about regulations on e-cigarettes as a product (and prohibition of its advertising) but not on the use of e-cigarettes which is stated on Art. 23)
  • Future developments: Additional information: Local (regional) Governments and the City of Zagreb can separate decision in their area to determine public place where smoking is completely prohibited.

Useful Links

Croatian Ministry of Health (in Croatian)

Act on the Restriction of the Use of Tobacco products and Occupational Health and Safety Act (in Croatian and English)

Cyprus

  • Implementation Date: 2010
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban – Ventilated smoking rooms permitted in specific venues which fall outside of scope of current legislation but the new legislation should introduce a comprehensive ban in all working places.
  • Public Transport: Complete ban – Including smoking in cars carrying children under 16 years old.
  • Compliance: Weak
  • E-cigarettes: No specific smokefree regulation yet. The new regulation should ban the use of e-cigarette in public places.
  • Future developments: The Cypriot government has drafted a new legislation concerning the regulation of e-cigarettes and the enforcement of the existing smokefree legislation as part of its transposition of the EU’s Tobacco Products Directive. It is currently in the hands of the Parliament.

 

Useful Links

Cypriot Ministry of Health

Czech Republic

  • Implementation Date: 2007 (2010 Amendment 305/2009 Coll. to the Act 379/2005 mainly on smoke-free provisions)
  • Bars and Restaurants: No ban - Owners may choose whether to designate their premises as smoking or non-smoking, or provide structurally separated areas for smokers and non-smokers. If smoking is permitted, there must be sufficient ventilation. Smoking and non-smoking designation must be clearly labelled. 
  • Workplaces: Partial ban - Obligation for employees not to smoke at work or in premises where non-smokers would be exposed to the effects of smoking. There are some types of workplaces where there is a ban on smoking according to the law such as schools.
  • Public Transport: Partial ban – Smoking permitted in structurally separated areas with ventilation in the buildings related to public transport such as airports or train stations.
  • Compliance: Limited
  • E-cigarettes: Despite the fact that smoking is not defined in Act No. 379/2005 Coll., appropriate provisions stipulating places with smoking ban include the use of electronic cigarettes. However, this is not a legally binding opinion and a revision of legislation is underway. 
  • Future Developments: Recently the Czech Parliament approved full smoking ban in restaurants and all other hospitality places. Now the law goes to the Senate and the President, but no big troubles there are to be expected. E-cigarettes are not included in the ban. The ban will be effective as of end of May 2017.

Useful Links

Czech Ministry of Health (in Czech)

Czech Coalition Against Tobacco (in Czech) 
Smoke Free Czech Republic (in Czech)

Czech National Website for the Promotion of Smoking Cessation (in Czech – operational from 1st August 2016)

 

FCTC Implementation Database on the Czech Republic

Denmark

  • Implementation Date of FCTC Art.8: 2007, 2012 (latest amendment)
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted in restaurants and bars larger than 40m². Smoking is permitted in some bars with a serving area smaller than 40m² only if they have chairs and tables. The furniture criteria has been designed to ensure that new concept venues such as wine bars or DJ bars do not come under the exception for small bars.
  • Workplaces: Partial Ban – Smoking rooms permitted.
  • Public Transport: Partial Ban – Smoking rooms permitted on passenger ships.
  • Compliance: Limited
  • E-cigarettes: The regulation from 2016 does not ban e-cigarette yet it regulates it.

Useful Links

Danish Ministry of Health (in Danish)

Estonia

  • Implementation Date: 2007
  • Bars and Restaurants: Partial ban - Smoking rooms permitted .
  • Workplaces: Partial ban - Ventilated smoking rooms permitted .
  • Public Transport: Partial ban - Designated, ventilated smoking rooms on trains and passenger ships permitted .
  • Compliance: Limited
  • E-cigarettes: E-cigarette use is prohibited under the same restriction as any other tobacco product .
  • Future Developments: Following the initiation of a tobacco policy review in 2011, the Tobacco Policy Green Paper was approved by the Estonian government on 31 January 2014. The Tobacco Policy Green Paper is a comprehensive tobacco control policy covering all areas of tobacco control including smoke free environments, alternative tobacco and nicotine products, illicit trade, education and cessation. The Tobacco Policy Green Paper has set a national target to reduce prevalence of tobacco use by 30% by 2025. In 2017, smoking areas should be forbidden in public institutions and later smoking rooms too even if no date has been defined yet on this point.
  • Additional information: Children are prohibited to smoke tobacco products, use e-cigarettes or to be in smoking rooms. 

Useful Links

Estonian Ministry of Social Affairs (in Estonian, Russian and English) 
Joint National Capacity Assessment of Tobacco Control Policies in Estonia by WHO Europe and the Estonian Ministry of Social Affairs

Estonian Tobacco Act (in English)

 

Estonian Green Paper on Tobacco Policy (in English) 

Faeroe Is.

Finland

  • Implementation Date: 2016
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms with separate ventilation where no food or drink is served and no staff work are permitted
  • Workplaces: Partial ban - Designated smoking rooms permitted (in practice do not exist at all due to very strict and expensive regulations for those rooms)
  • Public Transport: Partial ban - Smoking rooms permitted and smoking permitted in restaurants smaller than 50m² on international vessels, ONLY on international vessels, not in the restaurants in the Finnish territory.
  • Compliance: Very Good
  • E-cigarettes: E-cigarettes will be subject to the same regulation as tobacco products. The same age limit will apply to the purchase of e-cigarettes as to the purchase of tobacco products. The sale of nicotine-containing liquids will be subject to a licence and they must not contain any flavourings, such as candy or fruit flavours. The use of e-cigarettes will be prohibited in non-smoking areas and they must not be kept on display in retail outlets.
  • Future developments: The new Tobacco Act will allow housing companies to apply to their municipality for a prohibition of smoking on balconies and in other outdoor areas of a dwelling, such as a terrace. A municipal authority can prohibit smoking if structures of the building or other circumstances allow smoke to spread, other than in exceptional cases, for example from one balcony to another. The spreading of tobacco smoke will be a sufficient reason for imposing a prohibition and there will be no need to prove a health hazard, contrary to the current procedure based on the Health Protection Act. The same possibility to intervene will also apply to situations in which smoke spreads from one dwelling to another through the structures of the building. In addition, the new Act bans smoking in cars with children under the age of 15. The smoking ban will reduce children's exposure to tobacco smoke and associated damaging health effects. The ban will not apply to the living quarters in vehicles, such as camper vans. There are several transition periods. For example the provisions concerning ban on smoking on balconies will be applicable as of the beginning of the year 2017. The aim of the law is to end the use of tobacco and other nicotine products by 2030. Thus the aim is not by 2040 anymore, it is Tobacco-Free Finland 2030. 

Useful Links

Finland’s ASH
Finnish Tobacco Control Policy
Tobacco Free Finland 2040 Network

New Act available only in Finnish and Swedish 

 

France

  • Implementation Date: 2007, and 2008 for the hospitality sector 
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms permitted under very strict technical and dissuasive economic conditions, and very few exist in practice. Serving staff and minors are not permitted to enter.
  • Workplaces: Partial ban - Ventilated smoking rooms permitted under very strict administrative technical and dissuasive economic conditions, very few exist in practice. 
  • Public Transport: Complete ban
  • Future developments: Smoking in private vehicles carrying children below 18 years old is prohibited. 
  • Compliance: Good 
  • E-cigarettes: Use of e-cigarettes in public spaces is prohibited in schools and in establishments receiving children, in enclosed public transports and in enclosed or covered collective workplaces (Art. L. 3713-6 Code of Public Health).

Useful Links

National Committee against Tobacco (CNCT) (in French)
French Alliance against Tobacco (in French)
French Tobacco Control Policy (in French)

Germany

  • Implementation Date: 2007
  • Bars and Restaurants: No national law – Each state applies its own specific legislation. 
  • Workplaces: Partial ban –Workplaces are smokefree or partially smokefree. Workplaces open to the public (this mainly applies to the hospitality sector) are exempt from this regulation.
  • Public Transport: Complete ban 
  • Compliance: Limited -The German Cancer Research Centre conducted several studies on the implementation of the law concerning smoking in the hospitality sector and found several violations. It is also apparent that a great number of hospitality venues use the exemptions to allow smoking. 
  • E-cigarettes: The legal position of e-cigarettes under smoke-free legislation was clarified in a 2014 court ruling which ruled that e-cigarettes cannot be considered under existing smoke-free legislation. Therefore, their use is permitted unless prohibited by the owner of the premises.

Useful Links

Aktionsbündnis Nichtrauchen e. V. [Tobacco control campaign alliance of 11 public health NGOs] 
Deutsches Krebsforschungszentrum [German Cancer Research Centre] - (predominantly in German although there are also a number of publication in English) 
Die Drogenbeauftragte der Bundesregierung [German Drug Commissioner] (in German) 
German Ministry of Health (in German) 
Nichtraucher-Initiative Deutschland e.V. [Umbrella organisation for local and regional passive smoking initiatives in Germany] (in German)

ABNR page on Federal Laws on Smoke Free Environments

State level:

At state level, all 16 states have implemented additional smoke-free legislation. However, most states still allow for the use and provision of smoking rooms in the hospitality sector. In fact, only three states (Bavaria, North Rhine-Westphalia and Saarland) have introduced comprehensive smoke-free legislation; all hospitality venues are smoke-free and smoking rooms are not permitted (January 2015).

Some states relaxed smoke-free legislation in 2008 when the Federal Constitutional Court of Germany ruled that the specific smoking bans in Berlin and Baden-Württemberg were unconstitutional. Their specific bans prohibited smoking in all venues but allowed for the provision of smoking rooms if an additional room was available. In practice, this meant that small, one-roomed bars were fully smoke-free as they could not accommodate appropriate smoking facilities whilst larger bars with more than one room were able to provide smoking facilities. The claimants argued that the economic viability of their one-roomed premises were under threat from unfair competition which breached their occupational rights and the right of ownership under the German constitution. This judgement resulted in exemptions for small, one-roomed bars across many states. Importantly, the Federal Constitutional Court did not rule that 100% smoke-free laws were unconstitutional and German states remain free to introduce comprehensive smoke-free legislation in all hospitality venues. 

Baden-Württemberg 

  • Implementation date: July 2007, amendment March 2009
  • Bars and Restaurants: Partial ban – Smoking rooms permitted¸ smoking rooms must be separated and clearly designated 
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Compliance: Limited – Analysis by DKFZ has shown that existing legislation is not always being respected. 

Useful Links

Baden-Württemberg Smokefree Policy (in German)
Nichtraucherschutz in Baden-Württemberg and
Mangelhafter Nichtraucherschutz und Gesetzesverstöße in Diskotheken in Baden-Württemberg

Bavaria

  • Implementation date: January 2008, amendment August 2010 (In May 2010, Bavaria held a public vote in which 61% supported the strengthening of existing smoke-free legislation). 
  • Bars and Restaurants: Complete ban including on shisha and at festivals such as Oktoberfest. 

Useful Links

Bavarian Smokefree policy (in German)

Bavarian Ministry of Health – Tobacco section (in German) 

Berlin

  • Implementation Date: November 2007, amendment May 2009
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated and clearly designated
  • In one-roomed bars smaller than 75m² smoking is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha bars are exempt from smoke-free legislation. 

Useful links:

Berlin Smokefree Policy (in German)

Brandenburg

  • Implementation Date: December 2007, last amendment July 2010
  • Bars and Restaurants: Partial ban – Smoking rooms permitted if completely separated and clearly designated
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha use is regulated under the same legislation.

Useful links:

Brandenburg Smokefree Policy (in German)

Bremen

  • Implementation Date: January 2009
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, and not be accessible by persons under 18 years. No prepared food must be served.
  • Smoking in hospitality tents is permitted
  • Compliance: limited. Often the smoking rooms are neither completely separated nor clearly designated.  

Useful links:

Bremen Smokefree Policy (in German)

DKFZ Analysis of the implementation of Bremen smoke-free policy (in German)

Hamburg

  • Implementation Date: January 2008, last amendment June 2012
  • Bars and Restaurants: Partial ban- Smoking rooms allowed if separated and ventilated, not accessible to persons under 18 years, and the rooms are smaller than the non-smoking sector. 
  • Smoking in one-roomed bars and restaurants smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha use is subject to the same legislation.
  • Compliance: Limited. Often smoking rooms are bigger than allowed or are not clearly designated 

Useful links:

Hamburg Smokefree Policy (in German)

DKFZ Analysis of the implementation of Hamburg smoke-free policy (in German)

Hessen

  • Implementation Date: October 2007, last amendment September 2012 
  • Bars and Restaurants: Partial ban – Smoking rooms. Rooms must be clearly separated and designated and not be accessible by persons under 18 years. 
  • Smoking is allowed in separated rooms designated to private function. In this case, prepared food may be served and persons under 18 years may be present.
  • Smoking in one-roomed bars smaller than 75m² is permitted. Such smoking premises must be clearly designated, not serve hot or prepared food and not be accessible by persons under 18 years.
  • Smoking is allowed in hospitality tents that are used no longer than 21 days in a row at one place; they must be clearly designated.
  • Smoking is allowed in casinos. 
  • Shisha use is subject to the same legislation.

Useful links:

Hessen Smokefree Policy (in German)

FAQ on Smoking in Hessen (in German) 

Lower Saxony

  • Implementation Date: August 2007, last amendment December 2008 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated and clearly designated.
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Shisha use is subject to the same legislation.

Useful links:

Lower Saxony Smokefree Policy (in German)

Mecklenburg-Vorpommern

  • Implementation date: August 2007 
  • Bars and Restaurants: Partial ban – Smoking rooms. Rooms must be completely separated, clearly designated and not be accessible by persons under 18 years.
  • Smoking in one-roomed bars smaller than 75m² is permitted. Rooms must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Shisha use is subject to the same legislation.
  • Compliance: Limited. Often the smoking rooms are not completely separated or the restriction of youth access is not designated.

Useful links:

Mecklenburg-Vorpommern Smokefree Legislation (in German)

North Rhine-Westphalia

  • Implementation Date: 2008, last amendment May 2013
  • Bars and Restaurants: Complete ban – Also applies to shisha. However, smoking is permitted in closed rooms hosting private functions. The most recent legislation also banned smoking in some outdoor public spaces including school grounds and children’s playgrounds. 
  • Compliance: Limited. Often the smoking rooms are not completely separated.

Useful links:

North Rhine-Westphalia Smokefree Policy (in German)

DKFZ Analysis of the implementation of North-Rhine-Westphalia smoke-free policy (in German) 

Rhineland-Palatinate

  • Implementation Date: February 2008, last amendment June 2009
  • Bars and Restaurants: Partial ban – Smoking rooms permitted. Rooms must be smaller than the main room, clearly separated and designated.
  • Smoking in and smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated and must not serve prepared food.
  • Smoking is permitted in rooms hosting private functions
  • Smoking is allowed in hospitality tents that are used no longer than 21 days in a row at one place; they must be clearly designated
  • Shisha use is subject to the same legislation.

Useful links:

Rhineland-Palatinate Smokefree Policy (in German)

Saarland

  • Implementation Date: November 2007, last amendment February 2010 
  • Bars and Restaurants: Complete ban – applies also to shisha use. 

Useful links:

Saarland Smokefree Legislation (in German)

Saxony

  • Implementation Date: February 2008 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated and not be accessible by persons under 18 years. 
  • Smoking is permitted in rooms hosting private functions
  • Shisha use is subject to these regulations. 

Useful links:

Sachsen Smokefree Policy (in German)

Saxony-Anhalt

  • Implementation Date: January 2008 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years. 
  • Shisha use is subject to the same legislation.

Useful links:

Saxony-Anhalt Smokefree Policy (in German)

Schleswig-Holstein

  • Implementation Date: December 2007 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Smoking is allowed in hospitality tents that are used no longer than 21 days in a row at one place; they must be clearly designated and not accessible to persons under 18 years
  • Shisha use is subject to the same legislation. 
  • Compliance: Limited – Analysis by DKFZ has shown that existing legislation is not always being respected.

Useful links:


Schleswig-Holstein Smokefree Policy (in German)

DKFZ Analysis of the implementation of Schleswig-Holstein smokefree policy (in German)

Thuringia

  • Implementation Date: July 2008, last amendment 2012 
  • Bars and Restaurants: Partial ban – Smoking rooms are permitted if completely separated, clearly designated and not accessible to persons under 18 years
  • Smoking in one-roomed bars and Casinos smaller than 75m² is permitted. Smoking premises must be clearly designated, not serve prepared food and not be accessible by persons under 18 years.
  • Smoking is allowed in hospitality tents

Useful links:

Thuringia Smokefree Legislation (in German)

Greece

  • Implementation Date: 2003
  • Bars and Restaurants: Complete ban in restaurants, Partial ban in bars - smoking permitted in entertainment centres larger than 300m² with live music and casinos.
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Weak – Greece continues to host exceptionally high passive smoking exposure rates at 71% in bars, 72% in restaurants and 58% in workplaces (EC, 2013b). As a result, Greece has been awarded the red status despite its strong and comprehensive smokefree legislation.
  • E-cigarettes: No specific smokefree regulation identified.

 

Useful Links

Greek Ministry of Health (in Greek)
Global Adult Tobacco Survey – Greece

Greenland

Guernsey

Hungary

  • Implementation Date: 2012
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Good
  • E-cigarettes: The use of e-cigarettes comes under the same legislation that applies to cigarettes (Act XLII of 1999 on the Protection of Non-Smokers and Certain Regulations on the Consumption and Distribution of Tobacco Products).

Useful Links

Hungarian Ministry of Health (in Hungarian) 
WHO Tobacco Country Profile – Hungary 
WHO Tobacco Control in Practice – Article 8: Protection from exposure to tobacco smoke: the story of Hungary

Iceland

  • Implementation Date: 2011, 2014 (latest amendments in 2013 enforced in 2014)
  • Bars and Restaurants: Complete ban  
  • Workplaces: Partial ban – Ventilated smoking rooms permitted for staff only in all workplaces including hospitality venues and public transport.  
  • Public Transport: Partial ban: smoking on international commercial flight that does not land in Iceland may be allowed
  • Compliance: Good
  • E-cigarettes: No specific smokefree regulation identified. 

Useful Links

Icelandic Ministry of Welfare
Tobacco control legislation (in English)
Detailed overview of tobacco control legislation in Iceland
WHO Tobacco Country Profile – Iceland

Ireland

  • Implementation Date: Scotland (2006), England, N. Ireland & Wales (2007)
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Very good
  • E-cigarettes: The use of e-cigarettes does not currently come under smokefree legislation across the UK. Although not prohibited by law, employers/owners/managers of establishments and venues may still choose to prohibit the use of e-cigarettes on their premises.
  • Future developments/Additional information: Smoking in private vehicles carrying children below 18 years old is prohibited (in England and Wales, and in Scotland and in 2017 or after in Northern Ireland).

Useful Links

ASH Ireland
Irish Cancer Society
Irish Tobacco Control Policy

Isle of Man

Italy

  • Implementation Date: 2005, 2013 
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms permitted. 
  • Workplaces: Partial ban - Ventilated smoking rooms permitted. 
  • Public Transport: Complete ban
  • Compliance: Very Good. The Italian surveillance on Behaviour and risk factors (called PASSI http://www.epicentro.iss.it/passi/dati/fumoPassivo.asp account for a 90.3% of respect of the law in public places, a 92.1% of respect in working place and a 79.6% of respect at home (despite the absence of a ban) 
  • E-cigarettes: In Italy the use of e-cigarette containing nicotine is not banned in enclosed public places except for schools and school premises
  • Future developments/Additional information: The law which transposed the UE TPD (law n.6 of 12 of January 2016) introduced the ban of smoking in car in presence of pregnant and minors and in the premises of the gynaecological, obstetrical and paediatric hospitals. 

Useful Links

Italian Ministry of Health (in Italian)
Italian Legislation (in Italian)

Jersey

Kosovo

Latvia

  • Implementation Date: 2011 
  • Bars and Restaurants: Complete ban 
  • Workplaces: Partial ban - Smoking rooms permitted. 
  • Public Transport: Partial ban - Smoking permitted on long-distance trains and ships in designated areas.
  • Compliance: Good
  • E-cigarettes: Since November 2014, their use is regulated under smokefree legislation. The use of e-cigarette is regulated in the same way as smoking.
  • Future developments/Additional information: In May 2013, the Latvian government adopted legislation which makes smoking among children a form of abuse. This includes smoking in cars when children are also travelling. Implementation of the legislative changes is pending. From May 2016 it is prohibited to smoke in the presence of a pregnant woman as well as in cars belonging to the State or the municipality. The use of waterpipes, e-cigarettes and any kind of product that is used by mouthpiece to inhale nicotine or other chemicals containing smoke or vapor is regulated under the same conditions as smoking.

Useful Links

Latvian Ministry of Health (in Latvian)

Centre for Disease Prevention and Control (in Latvian)

Libya

Liechtenstein

Lithuania

  • Implementation Date: 2007
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban - Ventilated smoking rooms permitted.
  • Public Transport: Partial ban – Smoking permitted on long-distance trains and on aircraft in designated areas.
  • Compliance: Good
  • E-cigarettes: The use of e-cigarettes is regulated under the same condition as for other cigarettes. From January 2015, it is prohibited to sell, buy or otherwise transmit electronic cigarettes to person under 18 years of age. 

Useful Links

Lithuanian Ministry of Health (in Lithuanian)
Drug Tobacco and Alcohol Control Department (in Lithuanian)
Lithuanian National Tobacco and Alcohol Control Coalition (in Lithuanian)

Lithuanian Law on Tobacco Control (in Lithuanian)

Luxembourg

  • Implementation Date: 2014  
  • Bars and Restaurants: Partial ban – Ventilated smoking rooms with no service permitted. 
  • Workplaces: Partial ban - Ventilated smoking rooms permitted. Actually, there is a total ban in public Workplaces like governmental institutions. There is no ban in private companies unless the company establishes a smoke ban. 
  • Public Transport: Partial ban - Ventilated smoking rooms permitted. There is a total ban in public transport. With the upcoming national law, this ban will be extended to private cars and cars transporting people when minors (under 12 yeras old) are on board. 
  • Compliance: Good 
  • E-cigarettes: No specific smokefree regulation identified. E-cigarettes will be regulated in the new upcoming national law. It will be prohibited to vape where it is prohibited to smoke. The EU Tobacco Products Directive (2014/40/EU) has not yet been transposed into national law, but the bill amending tobacco legislation in order to transpose that directive has recently been introduced into the legislative procedure.

Useful links

Luxembourg Ministry of Health (in French)

Government of Luxemburg website

 

 

 

Macedonia

Malta

  • Implementation Date: 2013 
  • Bars and Restaurants: Complete ban 
  • Workplaces: Complete ban 
  • Public Transport: Complete ban 
  • Compliance: Limited 
  • E-cigarettes: Regulated under smokefree legislation. 

Useful Links

Maltese Ministry of Health

Moldova

  • Implementation Date: 2016
  • Bars and Restaurants: Partial ban – In all closed and semi-closed public places
  • Workplaces: Partial ban – In a radius of 10 m from the entrance in enclosed public places, including places of common use, and at the workplace, from windows that open and seats / capture installations air for enclosed public places and jobs
  • Public Transport: Complete ban
  • Compliance: Too early to judge but probably partial
  • E-cigarettes: The use of e-cigarettes comes under the same legislation that applies to cigarettes (Art.26. Protection from exposure to tobacco smoke, of Law No 278 of 2007 on Tobacco Control).

Useful links

National Public Health Centre 

Montenegro

Morocco

Netherlands

  • Implementation Date: 2008 
  • Bars and Restaurants: Partial ban - Separate smoking rooms with no service permitted. 
  • Workplaces: Partial ban - Smoking rooms permitted. 
  • Public Transport: Complete ban 
  • Compliance: Good, Limited in bars 
  • E-cigarettes: No specific smokefree regulation identified. 

Useful Links

Alliantie Rookvrij Nederlands (Dutch Alliance for a Smokefree Society) (in Dutch)
Compliance and enforcement figures from the Dutch House of Representatives (in Dutch)
Dutch Food and Consumer Product Safety Authority (in Dutch)
Dutch Ministry of Health, Welfare and Sport (in Dutch)
Dutch Smokefre laws and policies (in Dutch)

Government website on smokefree regulations

Norway

  • Implementation Date: 2004, 2012 (latest amendments in 2013)
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban – Smoking rooms permitted in nursing homes and prisons. Please see ‘Chapter 5. Special prohibitions against tobacco use’ in Act No. 14 of 9 March 1973 relating to Prevention of the Harmful Effects of Tobacco for further information.
  • Public Transport: Complete ban 
  • Compliance: Good
  • E-cigarettes: From 2013, e-cigarettes are covered by the Tobacco Act as “tobacco substitutes”. It forbids sell of e-cigarettes (as well as tobacco products) to minors and free distribution. Also, a bill suggests that Chapter 5. Special prohibitions against tobacco use’ in Act No. 14 of 9 March 1973 relating to Prevention of the Harmful Effects of Tobacco should include the use of e-cigarettes. The bill will most likely be discussed in Parliament (Stortinget) this autumn. The bill - Prop. 142 L (2015–2016) (in Norwegian).
  • Additional information: the Norwegian Medical Association asked for a ban on tobacco sales applying to every Norwegian born from 2000 onwards for a smoke-free society by 2035.  The Tobacco Act states from 2013 that “children are entitled to a smoke-free environment. The person responsible for a child shall contribute to ensuring that this right is fulfilled” 

Useful Links

Norwegian Ministry of Health and Care Services (in Norwegian)
Norwegian Tobacco Control Policy (in Norwegian)

https://kreftforeningen.no/en/main-priorities/ (English part of the Norwegian Cancer Society’s website).

 

Poland

  • Implementation Date: 2010
  • Bars and Restaurants: Partial ban – Smoking rooms permitted.
  • Workplaces: Partial ban - Ventilated smoking rooms permitted.
  • Public Transport: Partial ban - Special isolated rooms for smoking in airports and in waiting halls in bus/train stations permitted.
  • Compliance: Limited  
  • E-cigarettes: The use of e-cigarettes does not currently come under smokefree legislation across Poland though some local authorities such as Krakow and Warsaw have moved to ban their use on public transport. Project to forbid use of e-cigarette where smoking is prohibited and to ban online sale and sale to minors as well .

Useful Links

Polish Ministry of Health (in Polish)
Detailed overview of tobacco control legislation in Poland
Manko [Polish student association operating nationwide tobacco awareness, public health and ageing campaigns and programmes. It also leads the work of the Smokefree Poland Partnership]
Smokefree Poland Partnership
Smokefree Rooms Campaign (in Polish)

 

Portugal

  • Implementation Date: 2008; (new amendment enacted in August 2015, and will come into force on 1st January 2021. The new amendment is not clear and maintains a partial ban. I will have to revise the law carefully and I will provide feedback to you.)
  • Bars and Restaurants: Partial ban - Ventilated smoking areas permitted.
  • Workplaces: Partial ban - Designated smoking areas or rooms permitted. 
  • Public Transport: Complete ban
  • Compliance: Limited, and limited enforcement. Very difficult to apply fines, even in premises that should be 100% smoke-free such as hospitals. Poor enforcement is a major barrier to compliance.
  • E-cigarettes: Regulations applying to smoking also apply to vaping, but in the case of smoke-free laws they only apply to nicotine-containing e-cigarettes. In addition minors are prohibited to buy and use e-cigarettes

Useful Links

General Directorate of Health (In Portuguese)
National Programme for Smoking Prevention and Control (In Portuguese)
Portuguese Ministry of Health (In Portuguese)
WHO Tobacco Country Profile – Portugal

Romania

  • Implementation Date: 2016
  • Bars and Restaurants: Complete ban - No smoking rooms permitted.
  • Workplaces: Complete ban - No smoking rooms permitted.
  • Public Transport: Complete ban
  • Compliance: Good
  • Future Developments: Extension of the total ban for e-cigarettes and water pipes
  • E-cigarettes: Ban of e-cigarettes only in public transport
  • Smoking is allowed in separated and ventilated rooms designed for smoking in the transit area of international airports, and in the cells of prisoners detained in high security prisons (one cell is used only by one prisoner; in the rest of prisons, smoking is completely banned inside the buildings).

Useful links

Romanian Ministry of Health (in Romanian)
WHO Tobacco Country Profile – Romania

Russia

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San Marino

Serbia

Slovakia

  • Implementation Date: 2005
  • Bars and Restaurants: No ban in bars, Partial ban in restaurants – Smoking rooms permitted.
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Good
  • E-cigarettes: Regulated under smokefree legislation.

Useful Links

Slovakian Ministry of Health (in Slovak)
WHO Tobacco Country Profile – Slovakia

Slovenia

  • Implementation Date: 2007 
  • Bars and Restaurants: Partial ban - Smoking rooms, where no food or drink is allowed, permitted. Smoking rooms must be no bigger than 20% of the entire property and cannot constitute a transition room between two rooms. 
  • Workplaces: Partial ban - Smoking rooms, where no food or drink is allowed, permitted. Smoking rooms must be no bigger than 20% of the entire property and cannot constitute a transition room between two rooms. 
  • Public Transport: Complete ban 
  • Compliance: Limited 
  • E-cigarettes: No specific smokefree regulation identified. Yet Slovenia is planning to introduce a new law on tobacco that should also include a ban on e-cigarette use in public spaces.

Useful Links

Slovenian Coalition for Tobacco Control (in Slovene)
Slovenian Ministry of Health (in Slovene)
WHO Tobacco Country Profile – Slovenia
Youth Network No Excuse Slovenia (in Slovene)

Spain

  • Implementation Date: 2011
  • Bars and Restaurants: Complete ban. Smoking is permitted in private smoking clubs but they are tightly regulated: clubs must provide no member benefits, prohibit entry to minors and not serve food or drinks.
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Very Good
  • E-cigarettes: The use of e-cigarettes was prohibited in January 2014 in public spaces including hospitals, education centers, public administration buildings and public transport.

 

Useful Links

Spanish Ministry of Health, Social Services and Equality - (in Spanish)
PORQUE NOSOTROS Sľ! XQNS! - Grassroots movement for public health and the advancement of the smokefree law in Spain - (in Spanish and English)
Detailed overview of tobacco control legislation in Spain

Spanish Committee for Smoking Prevention (in Spanish)

 

Sweden

  • Implementation Date: 2010
  • Bars and Restaurants: Partial ban - Ventilated smoking rooms where no food or drink is served and no staff work are permitted
  • Workplaces: Partial ban - Designated smoking rooms permitted. The smoking rooms are under very strict building codes.
  • Public Transport: Partial ban - Smoking rooms permitted and smoking permitted in restaurants smaller than 50m² on international vessels  
  • Compliance: Good
  • E-cigarettes: According to Sweden’s Tobacco Act smoking bans are applied to use of e-cigarettes (Tobacco Act Chapter 10 § 73). From 1 January 2017, regulations applying to tobacco products also apply to the use of e-cigarettes  (licensing, age limits, ban of flavours, display ban, advertising ban, ban the use in the smoke-free area)

Useful Links

A Non-Smoking Generation (in Swedish and English)
Swedish Ministry of Health and Social Affairs
Tobaksfakta: A think tank on tobacco (in Swedish)
WHO FCTC Implementation Report

Switzerland

Smokefree legislation in Switzerland is highly dependent on individual cantons. In May 2010, nationwide minimum requirements were introduced yet subsequent attempts to introduce a consistent indoor smoking ban have failed. Switzerland is not a party to WHO FCTC. 11 cantons have adopted the nationwide minimum required by the national law. 15 of the 26 cantons have gone beyond the national minimum and have currently declared themselves smokefree in public places though all still allow smoking rooms. Information regarding the smokefree legislation in individual cantons can be found here.

  • Implementation Date: May 2010
  • Bars and Restaurants: Partial ban – Ventilated smoking rooms permitted and small bars of less than 80m² may allow smoking. In the 15 cantons having smoke-free regulations stronger than the national law, smoking rooms are allowed. Yet all have different regulations for smoking rooms. Notably 6 of these 15 cantons do not allow to serve food in smoking rooms while the other 9 cantons allow to wait at tables.
  • Workplaces: Partial ban – Smoking permitted in offices with one person and in smoking rooms.
  • Public Transport: Complete ban
  • Compliance: Good (despite some problems with autonomous party venues)
  • E-cigarettes: The use of e-cigarettes is only prohibited in public transport. It was plant to enlarge the national smoke free law and include e-cigarettes but the law was rejected by the first chamber of the parliament. The second chamber has still to express itself, but the result should be the same as the one from the first chamber. So there should not be any change of the situation soon.

Useful Links

Swiss Tobacco Control Policy (in German, French and Italian)

Tunisia

Turkey

  • Implementation Date: 2007
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Good, Limited in hospitality premises (NB: 25% violation at hospitality premises in Istanbul)
  • E-cigarettes: E-cigarettes are banned indoors. Even if the term e-cigarette is not used in the legislation, “any product that resembles cigarettes, containing tobacco or substances derived from tobacco cannot be used indoors” (Law 6487 of 2013 amending Law 4207 Article 2(6))
  • Further developments: In January 2013, the Turkish Government made it illegal to use hookahs (water pipes) in public places. 

Useful Links

Turkish Ministry of Health (in Turkish)
Sigara ve Sağlik Ulusal Komitesi [National Cigarette and Health Committee] (in Turkish)
WHO Tobacco Country Profile – Turkey

Ukraine

  • Implementation Date: 2012
  • Bars and Restaurants: Complete ban
  • Workplaces: Partial ban – Smoking is allowed in specific designated area equipped with air ventilation or other means for eliminating tobacco smoke. These areas shall not exceed 10% of the overall area and the display of appropriate graphical warning as well as the following text warning: “Smoking area. Smoking harms your health!” is compulsory
  • Public Transport: Complete ban
  • Compliance: Limited
  • E-cigarettes: The use of e-cigarettes comes under the same legislation that applies to cigarettes (art.26. Protection from exposure to tobacco smoke, of Law No 278 of 2007 on Tobacco Control).

Useful links

Tobacco Control Laws – Country Details For Ukraine

 

United Kingdom

  • Implementation Date: Scotland (2006), England, N. Ireland & Wales (2007)
  • Bars and Restaurants: Complete ban
  • Workplaces: Complete ban
  • Public Transport: Complete ban
  • Compliance: Very good
  • E-cigarettes: The use of e-cigarettes does not currently come under smokefree legislation across the UK. Although not prohibited by law, employers/owners/managers of establishments and venues may still choose to prohibit the use of e-cigarettes on their premises.
  • Future developments/Additional information: Smoking in private vehicles carrying children below 18 years old is prohibited (in England and Wales, and in Scotland and in 2017 or after in Northern Ireland).

Useful Links

ASH (Scotland)
ASH (UK)
Cancer Research UK
UK Department of Health

SMOKEFREE ENVIRONMENT UPDATE

Smokefree legislation in the European Union has come a long way in recent years; 17 Member States have introduced comprehensive smokefree policies and public opinion strongly supports such legislation (EC, 2013a). As a result, smokefree legislation in the European Union is protecting millions of European citizens from the harmful effects caused by passive smoking which is estimated to cause 79,000 deaths every year in the EU (Jamrozik, 2006). Furthermore, tobacco industry predictions of economic doom for the hospitality industry have failed to materialise; independent studies consistently show that smokefree laws have a neutral or positive effect on businesses (EC, 2013).

Since 2009, when the SFP map was first created, improvements in smokefree policies have been registered in many parts of Europe. Notable examples include Spain, which abandoned its infamous “Spanish model” of tobacco control and now implements a complete ban in all hospitality venues, work places and on public transport. Among new EU Member States, Bulgaria and Hungary are leading the way through the introduction of comprehensive smoking bans in 2012. Some EU countries, however, are still failing to enact comprehensive smokefree legislation despite their legal obligations under Article 8 of the WHO’s Framework Convention on Tobacco Control (FCTC) and their commitments taken through the Council Recommendation on smokefree environments adopted in 2009. In fact, in some German states, smokefree legislation has even been relaxed after a court ruling in 2008.

The importance of Article 8 of the FCTC has been reinforced by the EU Council, which in 2009 issued a Council Recommendation on Smoke Free Environments (2009/C296/02) which set 2012 as the deadline for Member States to introduce comprehensive smokefree laws. All EU Member States introduced some form of smokefree legislation by the end of 2012. However, in some Member States particularly the Czech Republic, Austria, Romania and Slovakia, protection from second hand smoke remains ineffective, unenforced and limited. Furthermore, compliance is still proving a challenge in some Member States particularly in Greece and Bulgaria, where despite comprehensive legislative protection, smoke exposure rates remain high.

The Smoke Free Partnership receives operating funding from the European Commission. The views expressed in this website do not necessarily reflect the official views of the EU institutions.

The Smoke Free Partnership receives project funding from the International Union Against Tuberculosis and Lung Disease under the Bloomberg Initiative to Reduce Tobacco Use.
E-mail: info@smokefreepartnership.eu
Phone: +32 (0) 2 430 73 59
Address: Rue de l'Industrie 24, 1040 Brussels, Belgium

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