LANGUAGE
Last updated: August 3rd 2017

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Workplaces, by definition (Art. 2), are public places and are therefore smoke free. Article 7 allows for designated smoking areas if the Minister of Health and the Minister of Security issue a joint decree permitting smoking areas. However, because such a decree has not been issued for any workplace or type of workplace, the regulatory status "100% Smoke Free" is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that all indoor workplaces are currently smoke free. However, to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the provision allowing for designated smoking areas by ministerial decree should be repealed.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 2, 3, 7

All indoor public places

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 7 allows for designated smoking areas if the Minister of Health and the Minister of Security issue a joint decree permitting smoking areas. However, because such a decree has not been issued for any public place or type of public place, the regulatory status "100% Smoke Free" is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that all indoor public places are currently smoke free. However, to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the provision allowing for designated smoking areas by ministerial decree should be repealed.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 7

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 7 allows for designated smoking areas if the Minister of Health and the Minister of Security issue a joint decree permitting smoking areas. However, because such a decree has not been issued for any type of public transport, the regulatory status "100% Smoke Free" is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that all public transport is currently smoke free. However, to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the provision allowing for designated smoking areas by ministerial decree should be repealed.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 7

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Government facilities fall under the definition of public place (Art. 2), and are therefore smoke free. In addition, Art. 4 provides a non-exhaustive list of public places - including social institutions, administrative offices, police stations, gendarmerie brigades, and military camps - all of which are government facilities, and that as public places are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in government facilities.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 2, 3, 4

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hospitals and public and private health care establishments. As a public place, hospitals are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hospitals and public and private health care establishments. As a public place, residential healthcare facilities, including public areas, 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.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hospitals and public and private healthcare establishments. As a public place, 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.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including early childhood centers, childcare centers, orphanages, and educational facilities. As public places, childcare facilities and preschools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including educational institutions, higher education and vocational facilities. As public places, primary and secondary schools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including educational institutions, higher education and vocational facilities. As public places, universities and vocational facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including supermarkets, pharmacies, and business premises. Shops are public places; therefore, the listed categories of shops and all other shops are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including cinemas, theaters, museums, and other places of entertainment and restoration. Cultural facilities are public places; therefore, the listed categories of cultural facilities and all other cultural facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in cultural facilities.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including "establishments intended for the reception, training, accommodation of athletes, artists and others," "game or sports halls," and "places of entertainment . . . and other places of entertainment and restoration." Indoor stadiums and arenas either fall within these categories or the general category of "public place" and therefore indoor stadiums and arenas are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor stadiums and arenas.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including "restaurants, cafeterias, bars, clubs, and nightclubs." As public places, restaurants are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including "restaurants, cafeterias, bars, clubs, and nightclubs." As public places, bars, pubs, and nightclubs are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs, and nightclubs.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Casinos

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including "places of entertainment . . . and other places of entertainment and restoration." This phrase is interpreted to include casinos; therefore, casinos are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hotels. Therefore, public areas of hotels are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Hotels/lodgings - guest rooms

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hotels. Therefore, guest rooms of hotels are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in guest rooms of hotels.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including penal institutions. As public places, prisons and detention facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in prisons and detention facilities.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 6 provides a non-exhaustive list of public transport, including "motor vehicles, including taxis, coaches and buses" and "trains." Therefore, all shared ground transportation is smoke free. 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.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 6

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 6 provides a non-exhaustive list of public transport, including taxis. Therefore, taxis are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 6

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 6 provides a non-exhaustive list of public transport, including aircraft. Therefore, commercial aircraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 6

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 6 provides a non-exhaustive list of public transport, including boats and canoes. Therefore, commercial watercraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 6

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including bus and railway stations, airports, and ports. Therefore, public transport facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport facilities.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 3, 4

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Workplaces fall under the category of public places because they are defined as "public places used by people in the course of paid employment or volunteer work" (Art. 2). Article 4 provides a non-exhaustive list of public places, including business premises. Article 5 makes clear that all commonly used areas are part of the workplace and, therefore, smoke free. Taken together, these provisions are interpreted as prohibiting smoking in any part of a workplace, including private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.

Law Source, Section
Decree No. 2012-980 of October 10, 2012 Prohibiting Smoking in Public Places and on Public Transport
Arts. 2, 3, 4