LANGUAGE
Last updated: May 20th 2020

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

No
Analysis

There is no specific duty placed upon business owners, employers, or supervisors to post signs indicating that an area is smoke free. Instead, there is a general responsibility for “upholding the prohibition on smoking and the use of tobacco, tobacco products and related products” in smoke free places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners, employers, and supervisors to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.

Remove ashtrays

No
Analysis

There is no specific duty placed upon business owners, employers, or supervisors to remove ashtrays from smoke free places. Instead, there is a general responsibility for “upholding the prohibition on smoking and the use of tobacco, tobacco products and related products” in smoke free places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners, employers, and supervisors to remove ashtrays from smoke free areas/places.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

No
Fine
Analysis

There is no specific duty placed upon business owners, employers, or supervisors to take steps to require a person to stop smoking in a smoke free place. Instead, there is a general responsibility for “upholding the prohibition on smoking and the use of tobacco, tobacco products and related products” in smoke free places.

Legal entities that fail to uphold the prohibition on smoking are subject to a fine of 4,000 Euros to 33,000 Euros. Individuals responsible for the legal entity are subject to a fine of 800 Euros to 2,000 Euros.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners, employers, and supervisors to take steps to require a person to stop smoking where prohibited. In addition, drafters should consider imposing other types of penalties, such as license suspension or revocation.

Law Source, Section

Other

Yes
Fine, Other
Analysis

Legal entities that provide designated smoking rooms that do not meet the conditions specified in Art. 40 are subject to a fine of 4,000 Euros to 33,000 Euros. Individuals responsible for the legal entity are subject to a fine of 800 Euros to 2,000 Euros. If it is determined that a designated smoking room does not meet the requirements, the room is to be closed until the breach can be fixed.

In addition, the law imposes a fine of 250 Euros on individuals who bring food or drink into a designated smoking room.

Law Source, Section
Arts. 41(14); 42(1)(30), 42(2); 43(1)
Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
Analysis

Individuals who smoke or use tobacco products in indoor public places or workplaces where smoking is prohibited are subject to a fine of 125 Euros.

Individuals who smoke or use tobacco products, with the exception of chewing tobacco and nasal tobacco, in a vehicle where persons under the age of 18 are present are subject to fine of 250 Euros.

To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, drafters should consider imposing higher penalties for repeat offenses.

Law Source, Section