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Term --FCTC-Based Definition Spain
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)

Not Defined
No
Analysis

The lack of definition for this key term could hinder implementation of the ban on smoking in workplaces.

A definition of “workplace” should be provided in accordance with 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)

Not Defined
No
Analysis

The lack of definition for this key term could hinder implementation of the ban on public transportation.

A definition of “public transportation” should be provided in accordance with 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

Although this term is not defined, a definition is not strictly necessary because the term is not used. The law’s smoke free measures provide that “smoking is prohibited in enclosed public places. . .” rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places. . . .”

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)

Not Defined
No
Analysis

The lack of definition for this key term could hinder implementation of the ban on smoking.

A definition of “smoking” or “smoke” should be provided in accordance with 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

The definition of “public spaces” aligns with the definition of “public place” provided 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” aligns with the definition 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)

Not Defined
No
Analysis

The lack of definition for this key term can hinder implementation of the ban on smoking in “enclosed spaces.” Although the law does contain a definition of “open space,” which aids in determining what is an “enclosed space,” a definition of “enclosed” or “indoor” would still assist with implementation.

A definition of “enclosed” or “indoor” should be provided in accordance with the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Spain
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

Smoking is prohibited in private and public workplaces. A limited exemption to the smoking ban is provided for designated hotel rooms, which must be separate from non-smoking rooms and have separate ventilation or a smoke elimination device. Workers may not access the room designated as a smoking room while clients are inside except for emergencies. In addition, mid- and long-term residential care facilities and psychiatric facilities may provide designated smoking areas for residents.

The law provides for limited exemptions to a complete indoor public place and workplace smoking ban. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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

Smoking is prohibited in indoor public places. A limited exemption to the smoking ban is provided for designated hotel rooms, which must be separate from non-smoking rooms and have separate ventilation or a smoke elimination device. In addition, mid- and long-term residential care facilities and psychiatric facilities may provide designated smoking areas for residents.

The law provides for limited exemptions to a complete indoor public place and workplace smoking ban. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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

Smoking is prohibited on all public transportation.

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

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

The law prohibits smoking in public administration offices and public law centers. This provision is interpreted as prohibiting smoking in all government facilities.

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

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 private workplaces, which is interpreted to include private offices.

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

The law prohibits smoking in health centers and health service establishments. Therefore smoking is prohibited in hospitals.

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

Not Applicable
Not Applicable
Residential healthcare 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

The law prohibits smoking in health centers and health service establishments. Therefore smoking is generally prohibited in public areas of residential healthcare facilities.

However, in mid- and long-term care psychiatric facilities, patients are permitted to smoke in designated smoking areas. Similarly, in residential facilities for the elderly and disabled, residents are permitted to smoke in designated smoking areas, provided these areas are not in the rooms or common areas of the facility. The law is interpreted as permitting designated smoking rooms for residents only, and not permitting designated smoking rooms in areas where the public may visit. Therefore, this category is designated as "Smoking is Restricted."

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including elderly homes and psychiatric 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

The law prohibits smoking in health centers and health service establishments. Therefore, smoking is prohibited in non-residential healthcare facilities.

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

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

The law prohibits smoking in indoor areas of “teaching and formational centers.” Therefore, smoking is prohibited in preschools and childcare facilities.

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

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

The law prohibits smoking in indoor areas of “teaching and formational centers.” Therefore, smoking is prohibited in primary and secondary schools.

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

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

The law prohibits smoking in indoor areas of “teaching and formational centers.” Therefore, smoking is prohibited in universities and vocational facilities.

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

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

The law prohibits smoking in all indoor areas of shopping centers.

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

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

The law prohibits smoking in “cultural centers, reading rooms, exhibits, libraries, conferences and museums.”

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

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

The law prohibits smoking in indoor “sports facilities and places where public events are held.” Therefore, smoking in indoor stadiums and arenas is prohibited.

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

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

The law prohibits smoking in restaurants.

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

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

The law prohibits smoking in bars, pubs and nightclubs.

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

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

The law prohibits smoking in casinos (gaming establishments).

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

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

The law prohibits smoking in public areas of hotels.

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

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
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

Up to 30% of guestrooms in hotels may be designated as smoking rooms. Rooms must be separate from non-smoking rooms, have separate ventilation or a smoke elimination device, and be signed as a smoking room. In addition, workers may not access a smoking room while clients are inside except for emergencies.

The law provides for this one limited exemption to a complete indoor ban on smoking. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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

Law 28/2005, Additional Provision Six, permits smoking by inmates in designated smoking areas of prisons. Smoking areas must be enclosed, signed as a smoking area, and be equipped with separate ventilation or a smoke elimination device. The law is interpreted as permitting smoking by inmates in designated smoking rooms. Therefore, this category is designated “Smoking is Restricted."

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of public areas accessed by inmates or members of the public in 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

The law prohibits smoking on all urban, interurban, and suburban public transportation. This provision includes all shared ground transportation.

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

The law specifically prohibits smoking in taxis.

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

The law specifically prohibits smoking on aircraft flights originating or ending in Spanish territory.

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

The law prohibits smoking in indoor areas of maritime transportation.

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

The law prohibits smoking in all indoor areas of airports, bus stations rail stations, and other public transport facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guideline with respect to public transportation facilities.

Not Applicable
Not Applicable
Spain
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
Spain
Post signs
Yes
Yes
Analysis

The law requires no-smoking signs at the entrances to buildings. Violations are considered a “mild breach” and subject to a fine of up to 30 Euros.

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

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty to remove ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose upon business owners a duty to remove ashtrays.

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

The law implies a duty to take steps to require a person to stop smoking because the law imposes a fine for allowing smoking in places where it is banned. Violations are considered a “serious breach” and subject to a fine from 601 to 10,000 Euros.

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

The law imposes duty on smokers not to smoke where prohibited and imposes a fine of 30 Euros for a single offense.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes higher penalties for repeat offenses.

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