It will be more difficult to be a smoker in modern Spain. And it will be so much more difficult that it is important to all tourists  to be orientated about how the law is build and how it functions. You are responsible about where you are smoking and the smokers will be fined too.

From January the 1st 2006 there has come a comprehensive smoking ban in Spain.

On November 8th 2005 the Spanish Congress unanimously approved a anti-tobacco Law. The new Law bans smoking in the workplace, the law prohibiting smoking indoors. The Law regulates all of the sale of Tobacco products in Spain.

More than 200 amendments to the Law was put forward during the reading of the Bill in Parliament, but only a few of these reached the final text.

The final wording of the Law, establish a total smoking ban:

-     in public and private workplaces, smoking ban indoor

-     in Health Centres, at Doctors and in Hospitals

-     in schools and educational institutions

-     in sports areas

-     in public means of transport

-     in business areas

-     on service stations and in elevators

Selling of Tobacco to minors (persons under 18 years of age) is prohibited. Sale of Tobacco Products in public, administrative buildings and inclusive adjacent buildings, and in above mentioned areas is prohibited by Law.

Smoking will be permitted in special smoking areas in Airports and Bus terminals and in Theatres.

Bars and Restaurants can set up  smoking areas, if they are clearly showed and is separated from the rest of the area. This separation is only necessary if the area is over 100 square meters.

Marketing of Tobacco Products in the Press, in the Radio, on advertising signs and in movie theatres, and promotional arrangements and free handing out of tobacco products is banned.

Offence against the Law will be punished with fines up to 600€, depending of the coarseness of the offence.

Hotels and Restaurants

The normal tourist will be fast to recognize, that a new Law has been put in force. But one thing is to recognize it. Something different is to decide ones attitude to the new Law.

Within the Branches of Restaurants and Hotels, the new Law holds many exceptions. Some of the exceptions leaves it up to the owner of the bar - or the restaurant, if you may smoke or not.

A bar under 100 square meters may in principle decide himself if it is to be a smokers bar or a non-smokers bar, they want to run. They have to show though that you may smoke, if it is a smokers bar. At the same time they have to be aware of that if it is a smokers bar/restaurant children is not allowed in.

That's why a tourist/visitor should realize the smoking policy of the particular public house.

Moreover it is decided by law, that all Hotels and serving places, in order to avoid misunderstandings, should have an easy understandable signing of the particular place's policy in this area, that is a display, telling where to smoke and where not to.

Why legislate in this area

O course there is a good health reason to a smoking ban, and that is PASSIVE SMOKING, and passive smoking has developed to being an important cause for European Authorities and certain of the Member-states of EU.

Passive smoking makes a sincere risk for the Health and for the Environment.