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Term --FCTC-Based Definition Romania
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

Law No. 349 of 2002 contains a definition of “enclosed space at a place of employment” that refers to the definition of “workplace” contained in the Occupational Safety and Health Law No. 319/2006. The definition of “workplace” contained in Law No. 319/2006 aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of “public transport” contained in Law No. 349 of 2002 aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of “second hand smoke.” However, a definition of this term is not necessary for interpretation of the law because the law prohibits or restricts “smoking in enclosed public spaces” rather than prohibiting “exposure to second hand smoke.”

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “smoking” contained in Law No. 349 of 2002 does not align with the definition of “smoking” provided in the FCTC Art. 8 Guidelines. Under the definition provided in the law, a person is “smoking” if he/she is actively inhaling smoke from a lit tobacco product. However, under the Art. 8 Guidelines definition, a person is “smoking” if he/she is simply in possession of a lit tobacco product, regardless of whether he/she is actively inhaling. The narrower definition contained in the law could impede enforcement of provisions regulating smoking in public places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “smoking” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

Law No. 349 of 2002 contains a definition of “enclosed public space,” which combines definitions for “enclosed” and “public place.” The portion of this definition that defines “public space” aligns with the definition of “public place” contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco product” contained in Law No. 201/2016 aligns with the definition “tobacco product” provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The law contains a definition of “enclosed public space.” Under this definition, a place is “enclosed” if it has a roof and two or more walls. In contrast, the definition of “enclosed” in the FCTC Art. 8 Guidelines defines “enclosed” as having a roof or one or more walls. Therefore, some places would be considered enclosed under the FCTC Guidelines definition but not under the definition in the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “enclosed” or “indoor” in accordance with the definition provided by the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Romania
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” The law provides for only two exceptions to the ban - for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Because these are workplaces for some people, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces, including all parts of international airports and prisons.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” The law provides for only two exceptions to the ban - for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Because transit areas of international airports are public places, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places, including all parts of international airports.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. Therefore, all means of public transport are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in government facilities, which are public places and/or workplaces depending on the type of government facility.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports Therefore, smoking is prohibited in private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002, Art. 3(1^1) prohibits smoking in state-owned and private healthcare facilities. Therefore, hospitals are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002, Art. 3(1^1) prohibits smoking in state-owned and private healthcare facilities. Therefore, public areas of residential healthcare facilities are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002, Art. 3(1^1) prohibits smoking in state-owned and private healthcare facilities. Therefore, non-residential healthcare facilities are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002, Art. 3 prohibits smoking in all indoor public places and workplaces, and Art. 3(1^1) specifically prohibits smoking in “state-owned or private . . . education facilities and those providing child protection and assistance.” Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002, Art. 3 prohibits smoking in all indoor public places and workplaces, and Art. 3(1^1) prohibits smoking in “state-owned or private . . . education facilities.” Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002, Art. 3 prohibits smoking in all indoor public places and workplaces, and Art. 3(1^1) specifically prohibits smoking in “state-owned or private . . . education facilities.” Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in public areas of hotels and lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels and lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” The law provides for only two exceptions to the ban - for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Because the law does not specifically exempt guest rooms in hotels and lodging, the law is interpreted as prohibiting smoking in guest rooms in hotels and lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in guest rooms of hotels and lodging.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” The law provides for only two exceptions to the ban - for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Because the law does not exempt public areas in prisons and detention facilities (while specifically exempting some prison cells), the law is interpreted as prohibiting smoking in public areas of prisons and detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. Therefore, smoking is prohibited on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. Therefore, smoking is prohibited in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Article 3(1) of Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” However, Art. 3(2) provides an exception, permitting smoking in “specially designated rooms only in the transit area of international airports.” Because of this exemption, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transport facilities, including all parts of international airports.

Not Applicable
Not Applicable
Romania
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Romania
Post signs
Yes
Yes
Analysis

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.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

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.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

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.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

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.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Romania
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable