Despite public health arguments, Poland says "no" to comprehensive smoking ban in public places

The new tobacco control legislation

On 29 April 2010 Poland`s Acting President Mr Komorowski signed the new anti-tobacco legislation. There are 6 months to implement the Act.

As a consequence, a smoking ban will be operational in:
 hospitals and other outpatients clinics and premises for patients
 all educational premises
 workplaces (employers can provide smoking rooms but they have to be specially prepared, with automatic ventilation)
 all means of public transport
 bars and restaurants (but if there is more than one room the owner can provide one room for smokers, which will have to be automatically closed and have proper ventilation)
 public cultural and leisure venues
 bus, tram, and train stops
 sport stadiums and other premises
 children’s playgrounds
 other public access venues (not specified)

Additionally, owners of these premises may build - but are not obliged - special, i.e. smoking rooms closed with ventilation in:
 retirement homes
 hotels
 airports
 universities

What happened?

In February 2010, the Polish Lower Chamber announced a vote aiming to increase public health protection from the consequences of tobacco use. The initial proposal from the Polish Health Committee was to introduce a total smoking ban in all enclosed public places. However, when the Lower Chamber voted, on 4 March 2010, the end result was a liberalisation of the tobacco control legislation, allowing smoking in public places such as hospitals, healthcare facilities and schools of all levels. See EPHA press release regarding this issue.

The tobacco lobby had worked hard for a comprehensive ban on smoking in public and managed to convince the government that the initially proposed (stronger) regulations would lower revenue coming from tobacco taxes.

In a series of negotiations between the Lower and Upper Chambers of the Polish Parliament taking place in March and April 2010, the compromise text of the legislation was adopted. Although improved on several points (such as a ban on the creation of smoking rooms in hospitals, healthcare facilities and schools) it presents only a partial solution to the problem of tobacco smoking in Poland. It does not bring significant changes to safe working environments and does not protect the wider public against the harmful effects of secondhand smoke. Unnoticed remains the fact that there is no safe level of exposure to passive tobacco smoking. See EPHA press release regarding this decission.

Facts and figures on tobacco-related harm in Poland

The figures speak for themselves. Each year 70,000 Polish citizens die as a result of smoking-related disease and illness. Tobacco-related disability adjusted years lost and decreased quality of life translate into millions of euros lost, but most importantly into widening the already existing health inequalities gap within society. About 40% of men and 23% of women regularly smoke in Poland. Approximately 9 million Poles smoke 15-20 cigarettes on a daily basis. Every day 500 underage girls and boys take up tobacco smoking, accounting for approximately 180,000 children and adolescents trying out smoking every year.

What has EPHA done?

EPHA has been following these developments closely and issued two press releases, in Polish and in English, that were disseminated in both Brussels and in Poland.

In addition, EPHA mobilised policy makers and civil society with a view to raising awareness on this problematic file and requesting action to protect public health.

Although considerable progress has been made in recent years to establish smoke-free environments in several EU Member States, there are still significant differences in the level of protection against exposure to tobacco smoke.

EPHA will continue to advocate for stricter legislation, in collaboration with its members working on tobacco control.

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