Last updated: April 22, 2024

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
Fine, Business License suspension or revocation, Jail
Analysis

The law requires the person in charge of a premises to post no smoking signs. Any violation is subject to, on a first conviction, a fine of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69). Where the violation subsists for more than a day, the violator is subject to an additional fine of not less than twenty-three euro and twenty-nine cents (23.29) and not more than one hundred and sixteen euro and forty-seven cents (116.47) for each day in which the violation subsists. For a second or subsequent conviction, in addition to such fines, the violator may be subject to imprisonment for a term not exceeding three months and to suspension of the license of the premises or public transport means where the offense took place for a term between one week and one month.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs.

Remove ashtrays

No
None
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises and specify appropriate penalties for violations.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
Fine, Business License suspension or revocation, Jail
Analysis

The law requires the person in charge of the premises to ensure that no smoking takes place on the premises or public transport. Any violation is subject to, on a first conviction, a fine of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69). Where the violation subsists for more than a day, the violator is subject to an additional fine of not less than twenty-three euro and twenty-nine cents (23.29) and not more than one hundred and sixteen euro and forty-seven cents (116.47) for each day in which the violation subsists. For a second or subsequent conviction, in addition to such fines, the violator may be subject to imprisonment for a term not exceeding three months and to suspension of the license of the premises or public transport means where the offense took place for a term between one week and one month.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon business owners, employers and supervisors to take steps to require a person to stop smoking.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

A duty is imposed on smokers not to smoke where prohibited. Any violation is subject to, on a first conviction, a fine of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69). Where the violation subsists for more than a day, the violator is subject to an additional fine of not less than twenty-three euro and twenty-nine cents (23.29) and not more than one hundred and sixteen euro and forty-seven cents (116.47) for each day in which the violation subsists. For a second or subsequent conviction, in addition to such fines, the violator may be subject to imprisonment for a term not exceeding three months.

Smoking in a private vehicle in the presence a minor is punishable by a fine of not less than 50 euro.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to not smoke where prohibited. To more fully align, the law should provide higher penalties for businesses than for individuals.