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Home \Legislation by Country \Spain \  Summary
Last updated: July 21st 2015

Introduction

Spain became a Party to the WHO Framework Convention on Tobacco Control on April 11, 2005.

Smoke Free Places: Smoking is prohibited in indoor public places and workplaces and on public transportation. Limited exceptions to the smoking ban are provided for designated hotel guest rooms. There are also some limited restrictions on smoking in outdoor public places, such as in playgrounds and at open spaces in health facilities. Sub-national jurisdictions may enact smoke free laws that are more stringent than the national law.

Tobacco Advertising, Promotion and Sponsorship: Tobacco advertising and promotion is generally prohibited with limited exceptions, including at the point of sale, where advertising and promotion is permitted with some restrictions. In addition, the law permits tobacco advertising in publications edited or printed in countries outside the European Union, if these publications are not aimed primarily at the European market and not aimed at minors. All forms of financial or other tobacco sponsorship are prohibited.

Tobacco Packaging and Labeling: Smoked tobacco products must carry one of two general warnings (“Smoking kills” or “Smoking seriously harms you and others around you”) and one of 14 additional warnings, most of which are pictorial warnings. Excluding borders, the general warning must occupy 30 percent of the front of the pack and the additional warning must occupy 40 percent of the back of the pack. Misleading packaging and labeling, which could include terms such as “light” and “low tar” and other signs, is prohibited.

Roadmap to Tobacco Control Legislation: Law 28/2005 is the primary law governing smoking in public places and tobacco advertising, promotion and sponsorship. It was substantially amended by Law 42/2010 which mandated a ban on smoking in indoor public places, indoor workplaces, and public transportation, and repealed provisions that permitted designated smoking rooms. Royal Decree 1079/2002 is the primary law governing tobacco packaging and labeling. It was amended by Royal Decree 639/2010, which mandated picture pack warnings. Penalty provisions for pack warnings are contained in the General Health Law and Resolution of 19 November 2001, which updates the penalties into Euros. While Law 28/2005 governs tobacco advertising in general, Law 7/2010 specifically prohibits tobacco advertising on audiovisual forms of communication.

Review Status

This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.

The materials and analysis available at this website are for informational and educational purposes only and not for the purpose of providing legal advice.