Germany

At the federal level, smoking in workplaces is governed by both the Ordinance on Workplaces and the Federal Non-Smokers Protection Act.

The federal Ordinance on Workplaces requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Thus, under federal law, smoking need not be restricted or banned in workplaces that are part of the hospitality industry or other places to which the general public has access.

For federally owned or controlled workplaces, the Federal Non-Smokers Protection Act (FNSPA) applies as well. The FNSPA restricts smoking in federal facilities and constitutional offices and in public train stations. Separate smoking rooms are permitted “if a sufficient number of rooms is available”. The Act does not elaborate on what is “a sufficient number of rooms”. The restrictions on smoking apply in “buildings and other completely enclosed rooms” but do not apply to rooms “used for housing or other overnight accommodation”.

In addition to federal law, sub-national laws apply at the Länder (state) level. All 16 states have enacted laws restricting or banning smoking in indoor workplaces; however, many state bans are not comprehensive and contain exceptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, either federal law or all state laws should prohibit smoking in all enclosed workplaces.

At the federal level, smoking in indoor public places is governed by both the Ordinance on Workplaces and the Federal Non-Smokers Protection Act.

The federal Ordinance on Workplaces requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke.” Although most public places are also workplaces for some, the Ordinance does not prohibit or restrict smoking in public places because it specifically exempts workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures under subsection 1 to the extent that the nature of the company and the type of employment permit.” This is interpreted as exempting the hospitality industry and other public places from the smoking restrictions.

The Federal Non-Smokers Protection Act restricts smoking in federal facilities and constitutional offices and in public train stations. Separate smoking rooms are permitted “if a sufficient number of rooms is available”. The Act does not elaborate on what is “a sufficient number of rooms” The restrictions on smoking apply in “buildings and other completely enclosed rooms” but do not apply to rooms “used for housing or other overnight accommodation”.

In addition to federal law, sub-national laws apply at the Länder (state) level. All 16 states have enacted laws restricting or banning smoking in indoor workplaces; however, many state bans are not comprehensive and contain exceptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, either federal law or all state laws should prohibit smoking in all enclosed public places.

The Federal Non-smokers Protection Act restricts smoking in public passenger transport. The Act allows smoking in “separately and accordingly marked rooms” and defines “rooms” to include “physically separate units of a means of transport”. Therefore, for transport such a rail or passenger ships, where is it possible to have “physically separate units”, smoking areas are permitted. The law specifically states that this exemption does not apply to “streetcars, trolley buses and automobiles”, which therefore smoking must be prohibited in these places.

The federal law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law should prohibit smoking in all parts of all public transport, including rail and passenger ships.

The Federal Non-Smokers Protection Act restricts smoking in “federal facilities and constitutional offices.” The Act defines “federal facilities” as: a) government agencies, administrative offices, courts and other federal public facilities, and b) corporations, institutions and foundations directly under federal government control. The Act permits separate smoking rooms “if a sufficient number of rooms is available.” The Act, however, does not elaborate on what is “a sufficient number of rooms.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law should prohibit smoking in all parts of all indoor public places and workplaces, including government facilities.

The federal Ordinance on Workplaces, which applies to private offices, requires smoking restrictions in workplaces and permits a complete ban on smoking. Specifically, the Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” Therefore, under federal law, smoking is restricted in private offices.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have adopted laws regulating smoking in public places, including private offices. To date, many states have banned smoking in private offices.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or all state laws should prohibit smoking in all indoor workplaces, including private offices.

In March 2007, Germany’s 16 Länder (states) concluded a framework agreement with the federal government, requiring states to adopt smoking regulations in the areas where states have authority - land, local institutions, educational facilities, healthcare facilities, cultural institutions, sport facilities, hospitality venues and other public places.

All 16 states have passed laws regulating smoking in healthcare facilities, including hospitals. These laws contain bans or restrictions, but many also contain exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all states should prohibit smoking in all parts of all indoor public places and workplaces, including hospitals.

In March 2007, Germany’s 16 Länder (states) concluded a framework agreement with the federal government, requiring states to adopt smoking regulations in the areas where states have authority - land, local institutions, educational facilities, healthcare facilities, cultural institutions, sport facilities, hospitality venues and other public places.

All 16 states have passed laws regulating smoking in healthcare facilities, which cover public areas in residential healthcare facilities. These laws contain bans or restrictions, but many also contain exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all states should prohibit smoking in all parts of all indoor public places and workplaces, including public areas of residential healthcare facilities.

In March 2007, Germany’s 16 Länder (states) concluded a framework agreement with the federal government, requiring states to adopt smoking regulations in the areas where states have authority - land, local institutions, educational facilities, healthcare facilities, cultural institutions, sport facilities, hospitality venues and other public places.

All 16 states have passed laws regulating smoking in healthcare facilities, including non-residential healthcare facilities. These laws contain bans or restrictions, but many also contain exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all states should prohibit smoking in all parts of all indoor public places and workplaces, including non-residential healthcare facilities.

In March 2007, Germany’s 16 Länder (states) concluded a framework agreement with the federal government, requiring states to adopt smoking regulations in the areas where states have authority - land, local institutions, educational facilities, healthcare facilities, cultural institutions, sport facilities, hospitality venues and other public places.

All 16 states prohibit smoking in childcare facilities and preschools.

German state laws align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities/preschools.

In March 2007, Germany’s 16 Länder (states) concluded a framework agreement with the federal government, requiring states to adopt smoking regulations in the areas where states have authority - land, local institutions, educational facilities, healthcare facilities, cultural institutions, sport facilities, hospitality venues and other public places.

All 16 states prohibit smoking in indoor areas of primary and secondary schools.

German state laws align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

In March 2007, Germany’s 16 Länder (states) concluded a framework agreement with the federal government, requiring states to adopt smoking regulations in the areas where states have authority - land, local institutions, educational facilities, healthcare facilities, cultural institutions, sport facilities, hospitality venues and other public places.

All 16 states have passed laws regulating smoking in universities and other higher education facilities. These laws contain bans or restrictions, but many also contain exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all states should prohibit smoking in all parts of all indoor public places and workplaces, including universities and vocational facilities.

The Ordinance on Workplaces, which applies to public places such as shops, requires smoking restrictions in workplaces and permits a complete ban on smoking. Specifically, the Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Thus, under federal law, smoking areas are permitted in shops, shopping centers, and malls.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have passed laws regulating smoking in public places, including shops. These laws contain bans and restrictions, with some laws allowing exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or the laws of all states should prohibit smoking in all parts of all indoor public places and workplaces, including shops.

For federally owned or controlled cultural facilities, the Federal Non-Smokers Protection Act (FNSPA) applies. The FNSPA restricts smoking in federal facilities; however separate smoking rooms are permitted “if a sufficient number of rooms is available.” The Act does not elaborate on what is “a sufficient number of rooms.”

In addition, the Ordinance on Workplaces applies to cultural facilities, as these are workplaces for some. The Ordinance requires smoking restrictions in workplaces and permits a complete ban on smoking. Specifically, the Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Thus, under federal law, smoking areas are permitted in cultural facilities, as these are places to which the general public has access.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have passed laws regulating smoking in public places, and some states may have adopted a complete ban on smoking in cultural facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or the laws of all states should prohibit smoking in all parts of all indoor public places and workplaces, including cultural facilities.

The federal Ordinance on Workplaces applies to indoor stadiums and arenas, as these are workplaces for some. The Ordinance requires smoking restrictions in workplaces and permits a complete ban on smoking. Specifically, the Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Thus, under federal law, smoking areas are permitted in indoor stadiums and arenas, as these are places to which the general public has access.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have passed laws regulating smoking in public places, including indoor stadiums and arenas. These laws contain bans and restrictions, with some laws allowing exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or the laws of all states should prohibit smoking in all parts of all indoor public places and workplaces, including indoor stadiums and arenas.

The federal Ordinance on Workplaces applies to restaurants as these are workplaces for some. The Ordinance requires smoking restrictions in workplaces and permits a complete ban on smoking. Specifically, the Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Thus, under federal law, smoking areas are permitted in restaurants, as these are places to which the general public has access.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have passed laws regulating smoking in public places, including restaurants. These laws contain bans and restrictions, with some laws allowing exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or the laws of all states should prohibit smoking in all parts of all indoor public places and workplaces, including restaurants.

The federal Ordinance on Workplaces applies to bars, pubs and nightclubs as these are workplaces for some. The Ordinance requires smoking restrictions in workplaces and permits a complete ban on smoking. Specifically, the Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Thus, under federal law, smoking areas are permitted in bars, pubs and nightclubs, as these are places to which the general public has access.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have passed laws regulating smoking in public places, including bars, pubs and nightclubs. These laws contain bans and restrictions, with some laws allowing exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or the laws of all states prohibit smoking in all parts of all indoor public places and workplaces, including bars, pubs and nightclubs.

The federal Ordinance on Workplaces applies to casinos, as these are workplaces for some. The Ordinance requires smoking restrictions in workplaces and permits a complete ban on smoking. Specifically, the Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Thus, under federal law, smoking areas are permitted in casinos, as these are places to which the general public has access.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have passed laws regulating smoking in public places, including casinos. These laws contain bans and restrictions, with some laws allowing exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or the laws of all states should prohibit smoking in all parts of all indoor public places and workplaces, including casinos.

The federal Ordinance on Workplaces applies to hotels and lodging, as these are workplaces for some. The Ordinance requires smoking restrictions in workplaces and permits a complete ban on smoking. Specifically, the Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Thus, under federal law, smoking areas are permitted in public areas of hotels and lodging, as these are places to which the general public has access.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have adopted laws regulating smoking in public places, including public areas of hotels and lodging. These laws contain bans and restrictions, with some laws allowing exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or the laws of all states should prohibit smoking in all parts of all indoor public places and workplaces, including public areas of hotels.

The federal Ordinance on Workplaces applies to hotels and lodging, as these are workplaces for some. The Ordinance requires smoking restrictions in workplaces and permits a complete ban on smoking. Specifically, the Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Thus, under federal law, hotels may permit smoking in hotel guestrooms, as these are places to which the general public has access.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have adopted laws regulating smoking in public places, including hotels. However, hotels throughout Germany offer “smoking” rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or the laws of all states should prohibit smoking in all parts of all indoor public places and workplaces, including hotel guestrooms.

Prisons in Germany are run by the Länder (states). Under the framework agreement between the federal government and the states, states are required to adopt smoking regulations for places where the states have responsibility - land, local institutions, educational facilities, healthcare facilities, cultural institutions, sport facilities, hospitality venues and other public places.

All 16 states have adopted laws regulating smoking in public places, including public areas of prisons and detention centers. These laws contain bans and restrictions, with many laws allowing exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the laws of all states should prohibit smoking in all parts of all indoor public places and workplaces, including public areas of prisons.

The Federal Non-Smokers Protection Act prohibits smoking in public passenger transport. The law allows an exemption and permits smoking rooms “if there is a sufficient number of rooms available.” The definition of “rooms” for purposes of this act includes “physically separate units of a means of transport.” This exemption does not apply to “streetcars, trolley busses and automobiles used to transport passengers.” However, the exemption does apply to trains. Therefore, under federal law smoking is prohibited on buses, streetcars, and trolleys, but trains may have separate smoking cars.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking in all parts of all public transport, including trains.

The Federal Non-Smokers Protection Act prohibits smoking in public passenger transport. While, the law allows an exemption “if there is a sufficient number of rooms available,” this exemption does not apply to “streetcars, trolley busses and automobiles used to transport passengers.” Therefore, under federal law, smoking is prohibited in taxis.

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

The Federal Non-Smokers Protection Act prohibits smoking in public passenger transport, the definition of which includes commercial aircraft. While, the law allows an exemption “if there is a sufficient number of rooms available” (FNSPA, Art. 1, Sec. 1(3)), this exemption does not apply to commercial aircraft. Therefore, under federal law, smoking is prohibited on commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

The Federal Non-Smokers Protection Act prohibits smoking in public passenger transport, the definition of which includes commercial watercraft. The law allows an exemption and permits smoking rooms “if there is a sufficient number of rooms available.” The definition of “rooms” for purposes of this act includes “physically separate units of a means of transport.” This exemption does not apply to “streetcars, trolley busses and automobiles used to transport passengers.” However, the exemption does apply to commercial watercraft. Therefore, commercial watercraft may have separate smoking rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all means of public transport, including commercial watercraft.

The Federal Non-Smokers Protection Act prohibits smoking in “public train stations for passengers.” However, the law allows an exemption and permits smoking rooms “if there is a sufficient number of rooms available.”

For other types of public transport facilities, the Ordinance on Workplaces applies. The Ordinance requires employers to “take the necessary measures to ensure that non-smoking workers at workplaces are effectively safeguarded against health hazards due to tobacco smoke. Where necessary the employer shall lay down a general prohibition of smoking for the workplace or for individual areas a limited prohibition of smoking.” However, the Ordinance specifically exempts from these restrictions workplaces “to which members of the general public have access.” In those places “the employer shall only take protective measures . . . to the extent that the nature of the company and the type of employment permit.” Therefore, smoking rooms are permitted in public transport facilities.

However, the framework agreement between the federal government and the states requires states to adopt smoking regulations for public places. All 16 states have adopted laws regulating smoking in public places, including public transport facilities. These laws contain bans and restrictions, with some laws allowing exemptions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or all state laws should prohibit smoking in all indoor workplaces and public places, including public transport facilities.