Spain

COMMENTS: Law 14/1986 of 25 April on General Health contains penalty provisions, which are referred to by Decree 1079/2002 and Decree 639/2002.

COMMENTS: Resolution of 19 November 2001 updates the penalties contained in the General Health Law by converting the amounts into euros.

COMMENTS: Royal Decree 1079/2002 previously regulated the packaging and labeling of tobacco products. Decree 1079/2002 was amended by Royal Decree 639/2010 and Law 14/2011, and later repealed by Royal Decree 579/2017.

COMMENTS: Law 28/2005 on health measures regarding smoking and its sales regulation, supply, use, and advertising of tobacco products regulates smoking in public places; tobacco advertising, promotion and sponsorship; and tobacco packaging and labeling. Law 28/2005 was amended by Law 42 of 2010, which amended provisions that had previously allowed for designated smoking areas and instituted a ban on smoking in all indoor public places and workplaces. The version of Law 28/2005 available here contains these amendments.

COMMENTS: Law 7/2010 of 31 March on General Audiovisual Communication regulates audiovisual communications in general. Specific to tobacco control, the law prohibits any commercial communications regarding cigarettes and oral tobacco.

COMMENTS: This notice corrects an error in Royal Decree 639/2010.

COMMENTS: Royal Decree 639/2010 amended Royal Decree 1079/2002 and mandated pictorial health warnings. Decree 1079/2002 has since been repealed by Royal Decree 579/2017.

COMMENTS: Relevant to tobacco control, Law 14/2011 amends the provision in Law 28/2005 governing tobacco product vending machines.

COMMENTS: Royal Decree 579/2017 of 9 June regulates certain aspects of tobacco manufacturing, presentation (packaging), and sale. This decree transposes many of the provisions of Directive 2014/40/EU (Tobacco Products Directive), including the requirements of health warnings to be placed on tobacco product packaging. Manufacturers and distributors had until September 11, 2017, three months from the date of entry into force, to comply with the new health warning requirements. Products meeting the prior health warning requirements were permitted to be sold until April 11, 2018, ten months from the date of entry into force.