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Term --FCTC-Based Definition Kosovo
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

The definition of “working area” aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. Note that although “public area” is limited to a place with two or more people, the definition of “working area” expands the scope of the smoke free law to places where one or more persons are working.

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 the law does not follow the language of the FCTC definition; however, read in its entirety, the definition covers the full scope of public transport that FCTC Art. 8 intends to be covered.

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
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 the law does not follow the language of the FCTC definition; however, read in its entirety, the definition covers the full scope of smoking behavior that FCTC Art. 8 intends to be covered. For better clarity, the law should use the definition from the FCTC Art. 8 Guidelines: “being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.”

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

The definition of “public area” contained in the law does not follow the language of the FCTC definition; however, read in its entirety, the definition covers the full scope of indoor public places that FCTC Art. 8 intends to be covered. Note that although “public area” is limited to a place with two or more people, the definition of “working area” expands the scope of the smoke free law to places where one or more persons are working.

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))

Not Defined
No
Analysis

The definition of “tobacco product” contained in the law aligns with the definition provided in FCTC Art. 1.

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 definition of “closed area” nearly aligns with, but is narrower than, the FCTC definition of “indoor” or “enclosed.” To align with the definition provided in the FCTC Art. 8 Guidelines, the law should define “closed area” as a place having one or more side walls, rather than the two side walls.

Not Applicable
Not Applicable
Kosovo
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

Although the law prohibits smoking in all “work environments,” designated smoking rooms are permitted in certain workplaces such as some healthcare facilities, retirement communities, prisons, and hotel rooms. Therefore, 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.

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

Although the law prohibits smoking in all “public areas,” designated smoking rooms are permitted in certain public places such as some healthcare facilities, retirement communities, and prisons. Therefore, 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.

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

The law prohibits smoking in all public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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

Smoking is prohibited in most public areas and work environments, including government facilities. The definitions of “public area” and “working area,” read in combination, are sufficiently broad to cover all government facilities. It should be noted that designated smoking areas are permitted in correctional facilities and certain medical facilities that may be considered government facilities; however, those facilities are coded separately for the purposes of this analysis.

The law provides that any issues that may arise as to whether smoking is allowed in any given situation should be resolved in favor of protecting all workers and members of the public by creating an environment free from tobacco smoke.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regards to government facilities. For better clarity, the law should prohibit smoking in all government facilities and never permit designated smoking rooms.

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

Smoking is prohibited in most work environments, including private offices where one or more persons is working.

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

Not Applicable
Not Applicable
Hospitals
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

Although the law prohibits smoking in most work environments and public areas, designated smoking areas are permitted in certain medical facilities containing persons incapable of moving, persons with mental disorders, or elderly persons. These areas may be present in hospitals. Therefore, the regulatory status code “Smoking is Restricted” is given.

The law provides that any issues that may arise as to whether smoking is allowed in any given situation should be resolved in favor of protecting all workers and members of the public by creating an environment free from tobacco smoke.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regards to hospitals. To align, the law should prohibit smoking in all indoor public places and workplaces and never permit designated smoking rooms.

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

Smoking is prohibited in most public areas and work environments, including the public areas of residential healthcare facilities. The law permits designated smoking rooms in patient rooms of residential healthcare facilities with persons incapable of moving, persons with mental disorders, or elderly persons; however, this exception does not apply to public areas of these facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regards to the 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

Smoking is prohibited in most public areas or work environments, including non-residential healthcare facilities. Although there are limited exceptions to the smoking ban, none of them apply to non-residential healthcare facilities. Therefore, the regulatory status code “100% Smoke Free” is given.

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

Smoking is prohibited in most public areas and work environments, including educational facilities such as childcare facilities and preschools.

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

Smoking is prohibited in most public areas and work environments, including educational facilities such as primary and secondary schools.

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

Smoking is prohibited in most public areas or work environments, including educational facilities.

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

Smoking is prohibited in most public areas and work environments, including shops.

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

Smoking is prohibited in most public areas and work environments, including cultural facilities.

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

Smoking is prohibited in most public areas and work environments, including all sports or recreation facilities.

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

Smoking is prohibited in most public areas and work environments, including catering premises such as restaurants.

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

Smoking is prohibited in most public areas and work environments, including social and catering premises such as bars, pubs, and nightclubs.

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

Smoking is prohibited in most public areas and work environments, including casinos.

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

Smoking is prohibited in most public areas and work environments, including reception areas and other public areas of hotels.

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

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Hotels are permitted to dedicate special rooms for guests that consume tobacco. There are no restrictions on the number of rooms allowed to be set aside, so smoking may be allowed in all guest rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all guest rooms and throughout all indoor portions of any hotel or lodging.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
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

Smoking is permitted in designated areas of correction institutions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking throughout prisons.

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

Smoking is prohibited in all means of public transport.

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

Smoking is prohibited in all means of public transport.

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

Smoking is prohibited in all means of public transport.

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

Smoking is prohibited in all means of public transport.

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

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
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

Smoking is prohibited in most public areas and work environments, including reception areas such as public transport facilities.

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

Not Applicable
Not Applicable
Kosovo
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
Kosovo
Post signs
Yes
Yes
Analysis

The person responsible for the premises must place “no smoking” signs that state the amount of the fine based on the format, content, design, size, visibility, location, and all other material defined in bylaws. These bylaws have not yet been issued. Responsible persons are fined 500 Euros for violation of this duty.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires the posting of no-smoking signs. However, to more fully align with the FCTC Art. 8 Guidelines, the law should provide for higher fines for repeat offenses and other types of penalties, such as license suspension or revocation.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The person responsible for the premises must remove all ashtrays from the closed areas where smoking is prohibited. Responsible persons are fined 500 Euros for violation of this duty.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty on persons responsible to remove ashtrays. However, to more fully align with the FCTC Art. 8 Guidelines, the law should provide for higher fines for repeat offenses and other types of penalties, such as license suspension or revocation.

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

The person responsible for the premises must undertake steps to stop the person from smoking in places where it is prohibited, to ask the smoker not to smoke, to refuse service, to require smoker to leave the premises, and to contact relevant authorities. Responsible persons are fined 500 Euros.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty on persons responsible to take steps to require a person to stop smoking. However, to more fully align with the FCTC Art. 8 Guidelines, the law should provide for higher fines for repeat offenses and other types of penalties, such as license suspension or revocation.

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

Smokers are fined 50 Euros for smoking where prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty not to smoke where prohibited. To more fully align with the FCTC Art. 8 Guidelines, the law should provide for higher fines for repeat offenders.

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