The Council of Ministers has given the green light this Tuesday, in a second reading, to the tobacco bill. The main novelty compared to the first draft is that maritime and river beaches are added to the list of smoke-free spaces, where the terraces of bars and restaurants were already included.
The text will now be sent to the Cortes Generales to begin its parliamentary processing and, as explained by the Minister of Health, Mónica García, aims to "take the next step to expand the right to breathe clean air," in addition to "responding to new products and especially protecting new generations." The Minister of Health emphasized that Spain has always been "at the forefront" in the fight against smoking.
Among the axes of the reform is "equalizing the regulation of products related to tobacco." The regulation plans to limit the sale and supply of these products to specialized establishments, which will not be able to display advertising or signs visible from the outside. This point will be specified later through a ministerial order.
After the first approval from the Council of Ministers in September of last year, the project to amend Law 28/2005, on health measures against smoking, is structured around three main objectives: to expand the spaces where smoking is not allowed, to strengthen the protection of children and adolescents, and to update the regulation to new products related to tobacco.
According to sources from the Ministry, this review is part of the 'Comprehensive Plan for the Prevention and Control of Tobacco Use 2024-2027' and responds to changes in consumption habits, especially among young people. In recent years, electronic cigarettes with and without nicotine, herbal smoking products or 'shisha', nicotine pouches, and other items that imitate or are associated with the act of smoking have proliferated.
The project also bans tobacco consumption in other spaces: collective use swimming pools, sports facilities, national parks, work vehicles —except when used exclusively for personal purposes— and venues where public shows are held. In this last case, theaters, cinemas, concerts, and other events are included, even when held outdoors.
In terms of advertising, the law tightens the limitations on the promotion and sponsorship of tobacco, of devices for its consumption, and of related products. The most innovative chapter affects points of sale: actions cannot be carried out in windows nor can signage be placed that, due to its design or location, can be seen or perceived from outside tobacco shops and specialized stores.
Reinforced protection environments and minors
The proposal incorporates the so-called reinforced protection environments, defined as a perimeter of at least 15 meters around the access to public buildings, public and private health centers, social services, educational centers, universities, research centers, museums, libraries, cultural centers, sports facilities, and parks or areas for children's play. A period of two months is foreseen to adapt the signage in places where the smoking ban applies.
Furthermore, the consumption of tobacco products by minors under 18 years of age is expressly prohibited. This restriction extends to electronic cigarettes and other related products, with the exception of nicotine pouches regarding smoke-free spaces, although the regulation also prohibits their use by minors.
The text recovers the 'Observatory for the Prevention of Tobacco Use', abolished in 2014, which will again have representatives from different Ministries. This body will propose actions, programs, and measures to fulfill the purposes of the law, set objectives for reducing the prevalence of smoking and the consumption of related products, and prepare periodic reports on the situation and the degree of application of the regulations.
Health maintains that the reform closes the gaps identified in the 2005 law, which was considered outdated in light of the emergence of new products. The department insists that the focus is on the protection of children and youth and argues that the expansion of smoke-free spaces is a particularly effective tool.
Sanctioning regime and parliamentary processing
The wording seeks to desnormalize tobacco consumption and protect third parties from exposure to smoke. To this end, a sanctioning regime is established that sets, as a novelty, an economic range for minor infractions of between 300 and 600 euros. In addition, the subsidiary responsibility of parents or guardians is introduced in the case of minors, with the possibility of substituting the economic sanction for community service.
Sources from the Ministry are confident that the law can move forward in the Chambers, considering that its content is relatively simple, although they admit that it will be necessary to check the degree of resistance from parliamentary groups against the hospitality 'lobby'. The text does not currently incorporate the obligation of generic packaging, which will be attempted to be added during parliamentary negotiation, after the PSOE rejected including it at this stage.
It is also planned to introduce later the prohibition of disposable vapes, pending a favorable opinion from the European Commission. Other aspects will be referred to another regulation, the Royal Decree on the manufacture, presentation, and marketing of tobacco products and related products, the content of which is being finalized with the Ministry of Finance and which, according to Health, will be "soon" sent to the Council of State.
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