The Council of Ministers approved this Tuesday the draft of the new anti-smoking law, the largest expansion of smoke-free spaces proposed in Spain since the reform that expelled cigarettes from inside bars and restaurants. The most visible change will come to terraces, although the norm also reaches beaches, swimming pools and numerous outdoor venues.
The reform updates the 2005 law to incorporate forms of consumption that were barely regulated when it was approved. Electronic cigarettes, nicotine-free vapes and herbal products will be subject, with some exceptions, to the same restrictions as conventional tobacco.
The measures are not yet applied. The text will be sent to the Cortes, where groups can introduce amendments before its final approval.
Where will smoking be prohibited?
The future law will prohibit smoking in all terraces of bars, restaurants and hospitality establishments, regardless of whether they are completely open or protected by awnings, screens and side enclosures.
The prohibition will extend to maritime and river beaches, collective use swimming pools, sports facilities, university campuses, national parks and public transport stops, shelters and platforms. Smoking will also not be allowed in concerts, festivals, cinemas, theaters and other public shows, even when held outdoors. The restriction will also apply to vehicles used for work purposes, except when used exclusively for personal use.
The project also creates the so-called reinforced protection environments. Smoking will be banned within 15 meters of the entrances of public buildings, hospitals and health centers, schools, universities, social centers, museums, libraries, sports facilities and children's areas.
Will vaping be allowed on a terrace?
Vapes will be subject to the same limitations. The prohibition will affect both electronic cigarettes with nicotine and those without it, as well as hookahs, herbal products and other devices that imitate the act of smoking.
The reform aims to close the loophole that allowed these products to be used in places where conventional cigarettes were already restricted. Therefore, they will also not be consumable on terraces, beaches, swimming pools, or at concerts. Nicotine pouches are excluded from the equalization in smoke-free spaces because they do not generate emissions. Their consumption will be prohibited for minors.
What changes for minors?
Current legislation already prohibits selling or supplying tobacco to minors under 18 years of age. The new rule will go a step further and will expressly prohibit them from consuming it, something that until now was not specifically stated. The ban includes traditional tobacco, vapes with or without nicotine, nicotine pouches, and any product that imitates the act of smoking.
Minor infractions may be sanctioned with fines of between 300 and 600 euros. When the responsible party is a minor, their parents or guardians will be subsidiarily liable for the payment, although the project contemplates the possibility of substituting the economic sanction with community service.
Where will vapes be sold?
Electronic cigarettes and other tobacco-related products will no longer be available in bazaars, convenience stores, and other general establishments. Their sale will be limited to tobacconists and specialized stores, whose specific requirements will be set later by a ministerial order.
Advertising restrictions will also be tightened. Establishments will not be able to place promotions or signs visible from the street in their shop windows, and direct or indirect advertising on the internet, social networks, vending machines, and audiovisual media will be prohibited.
The text also aims to curb campaigns carried out by content creators and 'influencers'. Programs and videos will also not be able to show presenters, collaborators, or guests consuming these products or displaying their brands for promotional purposes.
What measures have been left out?
The project does not currently include generic packaging, which would eliminate the colors and identifying elements of cigarette brands. The Ministry of Health will try to incorporate this measure during parliamentary processing, after it failed to secure the support of the PSOE to include it in the text approved by the Council of Ministers.
The ban on disposable vapes also remains pending. Mónica García's department maintains its intention to withdraw them from the market, although it awaits a favorable report from the European Commission before adopting the measure. Other changes related to the flavors, composition, labeling, and presentation of new devices will be developed through a different royal decree that the Ministry of Health is preparing with the Ministry of Finance.
When will it come into force?
The reform now begins its journey through Congress and the Senate, so there is still no closed date for the prohibitions to begin. The content may change during the parliamentary debate.
Once approved by the Cortes and published in the Official State Gazette, the law will come into force 20 days later. Establishments, administrations, and those responsible for the affected spaces will have two months to adapt their signage.
Congress must also decide during the processing whether to incorporate generic packaging and the withdrawal of single-use vapes, two of the measures that have been left out of the project approved this Tuesday.
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