Romania

Law No. 349 of 2002, Art. 5, requires persons in charge of public places, workplaces, and public transport to post “No Smoking” signs with the international symbol for no smoking. There are no penalties associated with violating this provision.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for failure to post such signs.

The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays in places where smoking is prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on business owners, employers, or supervisors to remove ashtrays in places where smoking is prohibited.

Law No. 349 of 2002, Art. 5, requires persons in charge of public places, workplaces, and public transport to “develop and implement in-house regulations for the implementation” of smoke free provisions. Articles 3(1) and 3(1^1) prohibit smoking in indoor public places, workplaces and public transportation. Article 10(b) imposes liability on legal entities that fail to comply with the no smoking provisions of Art. 3. This is interpreted as imposing a duty on owners, employers, and supervisors to take steps to stop a person from smoking. Penalties for violations are: a fine of 5,000 lei for a first violation; a fine of 10,000 lei and the suspension of operations until the situation is remedied for a second violation; and a fine of 15,000 lei and shutting down the facility for subsequent violations.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should state the steps a business owner/manager is required to take to stop a person from smoking in a smoke free area.

The law imposes a duty upon persons not to smoke where prohibited. Violations of this provision are subject to a fine from 100 lei to 500 lei.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to a duty imposed on individuals not to smoke where prohibited.