Introduction
In March 2004 Ireland became the first country in the world to impose an outright ban on smoking in workplaces. Irish legislation makes it an offence to smoke in workplaces, which has the effect of banning smoking in pubs and restaurants.
Following this successful example, Norway and Italy were next to follow suit. Other countries, such as Britain, Portugal and Sweden, have drafted plans to establish similar laws.
For a complete overview of the evolution of national legislation, the European Network for Smoking Prevention monitors trends towards smoke-free previsions
Albania
The Albanian government approved a bill of law to ban smoking in public places, such as bars and restaurants in the summer of 2006. The law is intended to lower the number of smokers in the country, which has one of the highest smoking rates in Europe.
Austria
The Austrian Tobacco law prohibits smoking buildings that are open to the public and institutions open to children and young people BUT does not include workplaces. Austria plans to pass legislation banning smoking in restaurants by the end of 2007, with separate smoking romms or air conditioning measures.
Belgium
From the 1 January 2007 onwards, Belgium will allow smoking in restaurants in separate rooms where no food is served. Bars and cafés are not yet affected by the ban but are required to provide adequate ventilation and a non-smoking zone to their clients.
Since the 1 January 2006, Belgium has banned smoking in all enclosed workplaces. Smoking will only be allowed in designated areas. However, employers are not obliged to create such areas.
Bulgaria
Smoking has been banned in all enclosed workplaces since January 2005.
Croatia
The Croatian health ministry announced in the summer of 2006 that it would pass a new bill against smoking in any and all public places, including bars and cafés. However, soon after the initial announcement, the government backtracked and said such a law was unnecessary. The ministry is now focusing on enforcing the penalties for existing laws restricting smoking in public, and on raising the public’s awareness of the harmful side effects smoking brings.
The current law in Croatia, which limits smoking in workplaces has not been strictly enforced in the past.
Cyprus
The protection of Health (smoking) Unified Laws 2002-2004 prohibit smoking in all public places, including places of entertainment (restaurants, bars etc) in all government buildings, public transport and in private cars carrying any passenger under 16. Separate smoking areas that are well ventilated will be introduced at the discretion of individual bar, cafe or restaurant owners.
Czech Republic
In April 2007, the Parliament passed an anti-smoking bill ought to limit smoking in restaurants and other public areas. Separate premises in restaurants, cafes and bars will have to be reserved for smokers.
Denmark
Under current legislation, smoking is only banned in schools and government buildings that are open to the public.
England
At 6am, on 1July 2007, workplaces and enclosed public places in England became smokefree environments. The Health Act 2006 defines enclosed public places and workplaces as being offices, factories, shops, pubs, bars, restaurants, membership clubs, public transport and work vehicles that are used by more than one person.
Estonia
Bars, restaurants, cafes and nightclubs will come under a complete ban on smoking on 5 June 2007. Smoking will only be permitted in enclosed smoking rooms with a separarte ventilation system. A complete ban on smoking has been imposed on all enclosed premises which are open to the public since June 2005.
Finland
As of June 2007, Finland will be completely smoke-free in all indoor public places, including bars and restaurants.
France
On 1 February 2007 France prohibited smoking in public places, including offices and schools. The ban will extend to restaurants, dance clubs and some bars, in 2008.
Germany
On 22 March 2007, Germany’s federal states agreed to ban smoking in restaurants and pubs, but will allow exemptions for small bars and premises with separate smoking rooms. This proposed ban will have to be approved by each of the sixteen state parliaments before it can come into force.
Berlin is set to be the first city to inforce the ban on smoking in public buildings, as well as bars and restaurants.
On the 27 April 2007, the Federal Health Minister and the Federal Consumer Affairs Minister of Germany introduced a bill to ban smoking in buses, trains, taxis, stations and Federal government buildings as of 1 September 2007, while still providing the option for separate smoking rooms. The sale of cigarettes will also be prohibited to persons under 18.
Greece
Greece has implimented smoking bans in specific public places, but allow for spcial smoking areas.
Hungary
According to the WHO, Hungarian regulations regarding smoking in public are very weak when compared to regulations in other European countries. This is due to the availability of cigarettes, as well as the weak regulation on smoking and the lack of political support for strong interventions to control tobacco, despite anti-smoking laws dating from 1999.
Hungary ranks first in the world for rates of lung cancer in both genders, as well as for mouth cancer.
Iceland
Iceland will go completely smoke-free on 1 June 2007.
Ireland
Ireland went completely smoke-free in 2004, including bars and restaurants.
Italy
Italian legislation has prohibited smoking in the workplace since 2005, including bars and restaurants. However, enclosed and separately ventilated rooms are permited.
Nothern Ireland
Northern Ireland’s smoke-free legislation will come into effect on 30 April 2007. Smoking will no longer be permitted in enclosed public places and work places, including bars and restaurants.
Latvia
Smoking is prohibited in many indoor public places and municipalities have th power to prohibit smoking in outdoor public places. However, smoking is permited in bars and restaurants and other public actering establishments, however owners must set up no-smoking rooms.
Lithuania
Lithuania went smoke-free in January 2007.
Luxembourg
Anti-smoking legislation was recently passed by the Luxembourg parliament. There will be a total ban on advertising and sponsoring, plus a ban on smoking in certain public places: notably restaurants (although separate smoking rooms are permitted if these account for less than 25% of the total area of the venue) and cafés (with a ban in place during dining hours), total ban in schools as well as public buildings, buses and trains. Workplace regulations are more complex: the employer has the obligation to take all reasonable efforts to ensure that workers are protected from passive smoking.
Malta
Since 2004, smokin ghas been banned in enclosed premises, except in designated smoking rooms. The ban includes bars and restaurants.
Netherlands
A complete ban at workplaces has been implemented in the Netherlands. However, the ban excludes bars and restaurants and permit the use of designated smoking rooms.
Norway
Smoking legislation which has been in place since 2004 in Norway, prohibits smoking in bars and restaurants, but allows workplaces to have designated smoking rooms.
Poland
Since 2003, Poland’s legislation has prohibited smoking in enclosed workplaces with the exception of designated smoking areas.
Portugal
Portugal’s smoking ban does not include bars and restaurants. Smoking is banned in healthcare, education and government facilities, as well as indoor workplaces, offices, theatres and ciinemas with designated smoking areas. Smoking is banned on journeys that take less than an hour by public transport.
Romania
Smoking is banned in all enclosed public places. Bars, restaurants and nightclubs are obliged to mark out smoking and non-smoking areas and ensure that ventillation is installed.
Scotland
Scotland implemented its smoking ban in March 2006. The ban covers all pubs, restaurants, bars, shops, cinemas, offices, hospitals, work vehicles and sports centres. Exemptions include private residential homes, private vehicles and designated rooms in care homes, prisons and hotels.
Slovakia
Since 1990, eployers in Slovakia have been obliged to ban smoking in workplaces where non-smokers work. Schools, health and social faciiltes are smoke-free, however smoke-free zones are only mandatory in establishments serving food.
Slovenia
A public consultation on the new tobacco bill, which had been proposed by the Slovenian Ministry of Health, concluded in January 2007. The proposal for the new law includes a total ban on smoking in all enclosed public places, including bars and restaurants, although exemptions will be made for separate smoking areas.
Spain
From 1 January 2006, Spain prohibited smoking at the workplace. For bars and restaurants that are larger than 100 sqm, the law allows the creation of separate smoking rooms.
For bars and restaurants that are smaller than 100 smq (and this is the vast majority of cases), the legislation offers the bar owner the posibility of going smokefree. If the bar or restaurant does not go smokefree, it means that customers under 18 years old would not be allowed in that bar.
Compared to other European countries, where smoking in the workplace is banned altogether (Ireland, Sweden and Norway), the Spanish legislation is weak and confusing.
According to a study issued by the Spanish Consumers Organisation on 22 May 2007, a minimal 10 percent of small bars and 15 percent of small restaurants opted to ban smokers from their premises.
Sweden
In Sweden most work places are smoke-free. All bars, restaurants and nightclubs are also smoke-free. The law does allow for separately ventillated smoking rooms but less than 2% of Swedish facilities have opted for this option.
Switzerland
Switzerland imposes partial restrictions in indoor workplaces.
Wales
The Welsh government first voted in favour of a smoking ban in 2003 and the ban on smoking in enclosed public places was introduced on 2 April 2007, three months ahead of the ban in England. Smoking is now banned in most public places, including restaurants, pubs and bars.
For more information:
Implementation of the tobacco advertising ban in Europe
EPHA section on smoking prevention
