LANGUAGE
Last updated: September 18th 2019

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

All indoor workplaces

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.

All indoor public places

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.

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

Smoking is prohibited on all public transportation.

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

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

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.

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

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.

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

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.

Residential healthcare facilities - public areas

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.

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

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.

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

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.

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

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.

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

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.

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

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

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

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

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.

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

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.

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

The law prohibits smoking in restaurants.

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

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

The law prohibits smoking in bars, pubs and nightclubs.

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

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

The law prohibits smoking in casinos (gaming establishments).

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

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

The law prohibits smoking in public areas of hotels.

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

Hotels/lodgings - guest rooms

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.

Prisons/detention facilities - public areas

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.

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

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.

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

The law specifically prohibits smoking in taxis.

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

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

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.

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

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.

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

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.

Elevators and freight elevators

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

The law prohibits smoking in elevators and freight elevators.

Telephone booths, automatic teller booths, and other "small enclosed public spaces"

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

The law prohibits smoking in telephone booths, automatic teller booths, and other small public enclosed places. "Small public enclosed places" are those with a surface area of no more than five square meters.