Last updated: February 14, 2022
Duties / Penalties
Post signs
The Prime Ministerial Decree of December 23, 2003, implementing Art. 51(2) of Law No. 3 of January 16, 2003 requires “No smoking” signs in no-smoking areas. Signs must include the penalty for smoking in no-smoking areas and the enforcement agency. Law No. 584 of November 11, 1975 imposes a fine upon a business owner or manager that fails to post signs of 220 to 2,200 Euros. (Note: Law No. 584 of November 11, 1975 states that fines are 200 to 2000 Euro. Law No. 311 of December 30, 2004 increased the penalty by 10%.)
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of fines for failure to post signs. To align more fully, the drafters of the law could consider imposing other penalties, such as license suspension or cancellation, for more severe violations or repeat violations.
Remove ashtrays
The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to remove ashtrays and impose penalties for failure to do so.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law does not impose a duty upon business owners, employers, or supervisors to take steps to stop a person from smoking in a no-smoking area.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to take steps to stop a person from smoking and impose penalties for failure to do so.
Not to smoke where prohibited
Law No. 3 of January 16, 2003 imposes a duty upon smokers not to smoke where prohibited. Law No. 584 of November 11, 1975 imposes a fine of 27.50 to 275 Euro for violations. (Note: Law No. 584 of November 11, 1975 states that fines are 25 to 250 Euro. Law No. 311 of December 30, 2004 increased the penalty by 10%.) These fines are increased by 50% if violations occur in the presence of a pregnant or breastfeeding woman or children under the age of twelve.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon smokers not to smoke in no-smoking areas.
