Last updated: August 27, 2021
Duties / Penalties
Post signs
The law requires no smoking signs where smoking is prohibited that contain the text “[S]moking kills – quit now.”
Violations of the duty to post signs are punishable by a fine for individuals of 10 to 40 fine units (50 to 200 Euros), and a fine for legal entities of 40 to 70 fine units (200 to 350 Euros).
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a fine for failure to post signs. To more fully align, the drafters of the law should consider imposing increased fines for repeat violations and additional or alternative penalties such as license suspension or revocation.
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.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law does not impose a duty to take steps to require a person to stop smoking.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on business owners, employers, and/or supervisors to take steps to require a person to stop smoking.
Other
Providing smoking areas that do not comply with the law is punishable by a fine of 200 to 500 fine units (1,000 to 2,500 Euros).
Not to smoke where prohibited
(e.g., seizure of the product, publication of the violation/violator)
Individuals who smoke where prohibited are subject to a warning or a fine of up to 20 fine units (100 Euros).
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a fine for smoking where prohibited. To more fully align, the drafters of the law should consider imposing increased fines for repeat violations.
