REPORT FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on the response to the Resolution of the Council and the Ministers for Health of the Member States meeting within the Council on banning smoking in places open to the public.
Date: 1996-11-14
Institutions: European Commission
Subjects: EU Member State, action programme, cancer, public health, smoking

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  14.11.1996 
COM(96) 573  final 

REPORT FROM THE COMMISSION 

TO THE COUNCIL, THE EUROPEAN PARLIAMENT, 
THE ECONOMIC AND SOCIAL COMMITTEE 
AND THE COMMITTEE OF THE REGIONS 

on the response to the Resolution of the Council and the Ministers for Health of the 
Member States meeting within the Council on banning smoking in places open to the 
public. 

1. INTRODUCTION 

1.1 

General Overview 

It  is  currently  estimated  that  smokers  number  1.1  billion  worldwide.  WHO  has 
published figures that  show that  in developed  countries 41% of men  and  21%  of 
women smoke1 regularly. 
In contrast to these figures the Eurobarometer Survey, conducted in the  framework 
of the "Europe Against Cancer" Programme, shows a picture of declining numbers 
of smokers in the Member States for the period  1987-1994; from 37% in  1987, to 
34%  in  1994, with  a major  decrease among men. As regards the age of smokers, 
the same studies show that women smoke more than men in the age from 15 to 39, 
but above that  age, more men than women smoke. 
A  comprehensive  study2  on  mortality  rates  attributable  to  tobacco  smoking,  has 
shown that  about  half of all regular smokers will eventually die as a result  of their 
habit. 
In  1990,  the  last  year  for  which  complete  statistics  are  available,  tobacco  was 
considered  to  be  responsible  for  about  510,000  deaths  in  the  then  European 
Community of twelve3. 
In developed countries, it is estimated that in 1995 a total of three million deaths per 
year will result from tobacco-related  causes, of which those in the age group 35-69 
years will die on  average 22 years prematurely3.  On this basis, tobacco  will  cause 
about  30% of all deaths among those  of 35-69 years  of  age,  making  it the  single 
largest  cause  of preventable  death.  If current  smoking  patterns  continue,  that  toll 
will  give rise to  10 million worldwide  in the year  2025,  although  calculations  are 
imprecise4. 
There is strong and  consistent  evidence that passive smoking increases the relative 
risk for both lung cancer and chronic respiratory diseases in adults (about 25%) and 
acute respiratory  illness in children (between  50%-100% ). Furthermore it is likely 
that  passive  smoking  increases the risk of heart  disease,  but  there  is inconsistency 
between  different  estimates  of  its  magnitude5.  However,  the  overall  hazard  is 
sufficient  to justify measures to restrict smoking in public places and workplaces. 

1  WHO Tobacco and Health: The facts, 1995 
2  Mortality  in relation  to  smoking: 40 years  observations  on  male British  doctors,  Doll, 

Peto etal. BMJ8.10.94, p. 901 

Mortality from smoking  in  developed  countries  1950-2000, Peto,  Lopez  et  al,  Oxford 

Medical Publications,  1994, p. A7 

Mortality from smoking worldwide, Peto et al., British Medical Bulletin, vol. 52, 1996. 
Environmental  tobacco  smoke  -  M.R.  Law  and  A.K.  Hackshaw,  British  Medical 

3 

4 
5 

Bulletin, vol. 52, 1996. 

1.2 

Community  Measures 

The Council and the Ministers for Health of the Member States, meeting within the 
Council, adopted on  18/07/1989 a Resolution on banning smoking in places open to 
the  public6.  They  invited  the  Member  States  to  take  the  following  measures  by 
introducing  legislation  or by  other  methods  in  accordance  with  national  practices 
and conditions: 

1. 

2. 
3. 

4. 

Ban smoking in enclosed premises open to the public which form part of the 
public  or  private  establishments  listed  in  the  Annex  to  the  Resolution. 
Member States may add to the said list; 
Extend the ban on smoking to all forms of public transport; 
Provide,  where  necessary,  for  clearly  defined  areas  to  be  reserved  for 
smokers  in  the  above  establishments  and,  if  possible,  in  public  transport, 
particularly for long journeys; 
Ensure that in the event of a conflict,  in areas other than those  reserved  for 
smokers,  the  right  to  health  of  non-smokers  prevails  over  the  right  of 
smokers to smoke; and to inform the Commission every two years of action 
taken in response to this resolution. 

On  the  basis  of  information  received  from  each  Member  State,  the  Commission 
presented  an interim report in  19927,  which was followed  by Council  conclusions  on 
27/05/19938.  The  Council  considered  in  particular  that  a  systematic  assessment  at 
Community level of the measures taken would make it possible to take fiill  account  of 
the experience required and to draw appropriate lessons and guidelines for the future. 

As  requested  in the above-mentioned  Council  Conclusions,  the  Commisison  has  now 
prepared  this report  on  the  current  situation,  established  using  information  submitted 
to the Commission by the competent  authorities in the Member  States, on the basis of 
a questionnaire taking into account the enlargement of the Union in 1995. 

Annex  I  contains  a  brief  overview  of  national  regulations.  A  table  setting  out  the 
situation  in the various  Member  States  is  set  out  in  Annex  H,  which  summarises  the 
application of the Resolution. 

This  report  lists all the  different  options  adopted  by Member  States  as  a response  to 
the initiative called for in the Resolution of  18 July 1989. 

OJN°C189  of 26/7/89 p. 1 
SEC(92)  1979  final 
OJ N°  C174 of 25/06/93  p. 4. 

7 
8 

2. 

ANALYSIS OF THE SITUATION IN THE MEMBER STATES 

In  all  Member  States,  measures  of  various  legal  types  are  currently  in  force  to  restrict 
smoking in places open to the public. With few exceptions, the current regulations seem to 
be more homogeneous than those described in the last Commission Report  of  1992, both 
in terms of their field of application and approach which in almost the totality of the cases is 
the protection of non-smokers' health. 
In the Report  of  1992, it emerged that  in the majority  of the then twelve Member  States, 
regulations on banning smoking in public places were instituted  shortly before  or  after  the 
adoption of Resolution C  189/01. In very few cases, such as in the United Kingdom, a rule 
having the strength of law does not exist, and all the initiatives in this field are assured on a 
voluntary basis ( Code of Practice). The three new Member States, namely Austria, Finland 
and  Sweden,  drew  up  and  put  into  force  - 
in  the  period  from  1993  to  1995  -  new 
regulations with the aim of implementing the Council Resolution. 

2.1.  Legal instruments 

a) 

b) 
c) 

d) 

National  Laws  (in  some  cases  supplemented  by  regulations):  Austria, 
Denmark, Finland, France, Ireland, Italy, Luxembourg, Portugal, Sweden. 
National Regulations : Spain and Belgium. 
Regulations  of  some  other  kind  such  as  decrees,  orders  or  circulars: 
Germany, Greece, Netherlands. 
No legal instruments: United Kingdom 

2.2.  Fields of application 

To  a  considerable  degree,  national  instruments  reflect  the  measures  set  out  in  the 
Resolution and apply to the localities mentioned in its annex. 

2.3  Awareness-enhancement  campaigns and voluntary  agreements 

In  all  Member  States,  the  growing  awareness  of  the  damage  to  health  caused  by 
tobacco  has given rise to  information  and  awareness-enhancing  campaigns  based  on 
either  observance  of  existing  regulations  or 
the  content  of  "codes  of  practice"  or 
voluntary agreements. Initiatives in this direction have been carried out in all countries, 
particularly  in  the  United  Kingdom  (Code  of  Practice),  Germany  (information 
campaigns for the general population, for children and young people and in hospitals), 
Greece (campaigns against smoking for health personnel, pupils, teachers, workers, the 
army),  Belgium,  Ireland,  Italy  (campaigns  addressed  to  general  population  and  the 
establishment  of a technical  advisory  Committee  for  the  coordination  of  all  activities 
concerned with the prevention of smoking), The Netherlands (campaign  addressed  to 
schools and other institutions) and Spain (1993 campaign for adolescents). 

i 

3. 

"EUROPE AGAINST CANCER" PROGRAMME 

Under  the  first  and  second  cancer  action  plans,  many  anti-smoking  projects  have  been 
launched as part of "the Europe Against Cancer" Programme, particularly in the context  of 
hospital  environments,  schools  and companies, whilst campaigns against tobacco  smoking 
have been  organised  in view of informing  the general  population.  The  1996-2000  Cancer 
Action Plan  refers  to  the formation  of strategies  aimed  at  protecting  the  most  vulnerable 
groups, in particular pregnant women and children, from the risks of passive smoking9. The 
Plan also provides for launching, as a pilot project in the media, a project to combat passive 
smoking.  These various  actions will be addressed  in the  course  of  implementation  of the 
Plan.  Also,  educational  programmes  in  schools  and  in  special  populations  (workplace, 
elderly, hospitals) will be supported. 

4. 

FINAL REMARKS 

The information  supplied by the Member States allows a overall picture to be drawn of the 
application of the Council Resolution; this shows a clear undertaking by the Member  States 
to implement the Resolution. This report does not however address the issue of application 
of rules at national level, on which no information was furnished  by the Member States. This 
issue falls  within  the  responsibility  of  national  authorities  and  can  determine  whether  the 
health of non-smokers is effectively  protected in practice. 
Nevertheless,  the  Commission  will  endeavour,  as  indicated  in  the  3rd  action  plan  of  the 
"Europe Against Cancer" Programme, to determine the actual application of national rules, 
also taking account of input from all interested parties. 

OJ N° L95 of 16/04/96 p.9 

ANNEX I 

Brief  Overview of National  Regulations. 

(based on data supplied by the Member State authorities). 

AUSTRIA 
Sources of regulations: Tobacco Act, BGB1 431/1995; Maternity Protection Act, BGB1 221/1979 
and BGB1257/1993; Employee Protection Ace, BGB145/1994. 
The Tobacco Act ensures the protection of non-smokers, by introducing specific smoking bans both 
in rooms dedicated to  specified  purposes (meeting rooms, teaching  rooms,  halls used for  school 
sports, and multi-purpose rooms) and in generally accessible rooms in certain institutions  (official 
buildings, school and similar buildings where children and young people are admitted, supervised or 
accomodated,  higher  education  establishments,  vocational  training  establishments,  theatres  and 
other buildings used for performances or exhibitions).  Particular measures to protect non-smokers 
have been introduced with an amendment of 1995 to the School Regulation, parallel to the Tobacco 
Act, which imposes a smoking ban on the entire premises of school. In remaining places, smoking 
rooms are allowed when certain conditions are met. 
The Tobacco  Act  also requires non-smoking areas to be provided  in the buildings  of public and 
private bus, rail, air and waterway/maritime transport systems. 
Other provisions on smoking are found in the Maternity Protection Act (BGB1221/1979 and BGB1 
257/1993)  and the Employee Protection Act (BGB1 45/1994).  A smoking ban is imposed where 
smokers and non-smokers are obliged, for work-related reasons, to share an office and non-smokers 
cannot be sufficiently protected by increasing ventilation. 
Non-smokers  must  also  be  protected  in  recreational  and  duty  rooms;  employee  protection  law 
specifically  prohibits smoking in medical and changing rooms.  Smoking in hospitals is covered by 
specific  legislation (BGB1 1/1957, BGB1 801/1993). However, the provisions of the Tobacco Act 
take precedence in the case of buildings for which it imposes a complete ban on smoking. 
Some measures exist under transport law (e.g. non-smoking compartments in trains, smoking bans 
on municipal transport networks) in youth protection regulations introduced by the Lander. 

BELGIUM 
Source  of  regulations: Royal  Decree  of  15 May  1990,  followed  by the  Ministerial  Decree  of  9 
January 1991 and the Royal Decree of 31 March 1993. 
The Royal Decree of 1990 defines, on the basis of the Annex to the Council Resolution, the various 
areas open to the public in which smoking bans are imposed. 
In the majority of cases (establishments in which services are supplied to the public, health care is 
administered, children are taught or minded, shows or exhibitions organised or sports performed), 
there is a general ban on smoking. Clearly demarcated areas reserved for smokers may be provided. 
As from 1st January  1993, these  areas must not  exceed  half of the surface area of the premises. 
With reference  to  the workplace,  the Royal  Decree  of  1993  stated  that  the  employer  is to take 
measures  in  order  to  establish  the  smoking  conditions  at  work,  taking  into  consideration  the 
expectations of both smokers and non-smokers.  Whenever an agreement  is not achievable, non-
smokers are to be protected. 

DENMARK 
A  new  Act  has  recently  been  adopted  by  the  Danish  authorities.  It  concerns  smoke-free 
environments in public buildings, means of transport, workplaces, educational  establishments, day 
care and 24-hour-care institutions and hospitals both at local and at  State level. In particular, each 
local authority and county council, the Copenhagen Hospital  authority and the  State authority had 
to implement this Act by 1 January 1996 at the latest. In all these environments,  smoking is banned, 
with  the  exception  of  rooms  specially  designed  for  smokers  and  of  rooms  in  State  workplaces 
occupied by workers who wish to smoke. Smoking is banned in meetings unless everyone present 
agrees that it should be allowed. 

FINLAND 
Sources of regulations: Tobacco Smoking Act of 1995. 
The new Tobacco Smoking Act in force from last year, prohibits smoking in the following places: in 
day  nurseries  and  all  educational  establishments  (including  universities)  and  their  grounds  used 
mainly by persons  of under  18 years  of age; in enclosed  premises  of public authorities  or  similar 
public services used  by customers  and  the general  public; at  indoor  events  open to  the  public; in 
enclosed  premises of public transport  services; in areas at places of work  used  for  purposes  other 
than  work  and  areas  used  by  customers;  in  all  working  areas,  excluding  restaurants  and  hotels 
restaurants and rooms. 
However,  smoking  is permitted  only in special  smoking rooms  on condition  that  the  smoke  does 
not spread from these areas and that they are not established in areas intended for persons under 18. 

FRANCE 
Source of regulations: Law 91-32 of 10 January 1991 and Decree 478 of 29 May 1992. 
French Law provides  for  a general  ban  on  smoking  in public areas, in particular  schools,  and  on 
public transport, except in areas set aside for smokers. 
The Decree  of  1992 establishes the conditions to ban  smoking. The major  objective  is to  protect 
non-smokers' health,  and the Decree  specifies  the areas in which  smoking is banned.  They  are  1) 
collective means of transport,  with the possibility to  have areas for  smokers only on long distance 
trains 2) workplaces, with the exception  of personal  offices,  3) schools, foreseeing  some smoking 
areas  only  for  teachers  and  personnel,  and  4)  bars  and  restaurants,  which  can  have  areas  for 
smokers. Such areas for  smokers are determined by the person or organisation  responsible for  the 
premises. 
In all these cases, a good ventilation shall be assured. 

GERMANY 
The  German  rules take  account  of the division of responsibilities  between  different  administrative 
bodies  (Federal Government and Lander). 
Non-smokers are protected  at Federal level by the Civil Code. Particularly at work, employees are 
entitled to a job which does not damage their health, and agreements to protect non-smokers can be 
initiated  by  both  the  employer  and  the  works  council.  The  German  Ministry  of  the  Interior 
contributed, by a ruling of  1975, to  solving some problems amongst  smokers and  non-smokers in 
the Federal  Administration's  establishments. In fact,  whenever  possible,  smokers and  non-smokers 
are  housed  in  different  areas.  Also  in the  armed  forces,  a Decision  of the Federal  Administrative 
Court of 1993, provides adequate protection for non-smokers. 

The  German  railways  have  banned  smoking  in  enclosed  areas,  such  as  travel  centres  and  small 
stations.  For  long  distance  traffic,  separation  into  no-smoking  and  smoking  carriages  has  been 
carried  out,  with  non-smoking  areas  provided  on  international  trains.  The  German  railways  are 
obliging  the  operators  of  catering  services  in  railway  stations  to  set  up  separate  areas  for  non-
smokers and smokers. 
The  same  happens  at  motorway  service  areas  and  the  German  airline  introduced  a  complete 
smoking ban on domestic flights and on selected intercontinental routes. 
At Land  levely the  66th Conference  of Land Ministers of Health required more restrictions on the 
advertising  for,  and the  availability  oÇ tobacco  products,  especially  to  protect  children  and  young 
people. Discussions are in course regarding the restriction of the installation of cigarette  dispensers 
in public places. 
Increasing  public  discussion  on  the  advantages  and  disadvantages  of  state  action  to  protect  non-
smokers  has  led  to  many  additional  measures.  Accordingly,  the  hotel  and  restaurant  association 
promised to  take  action to  improve the protection  of non-smokers  in hotels and guesthouses,  and 
stressed its preference for ad-hoc arrangements for particular areas and situations. 
Following the Council Resolution, the German authorities preferred to lay emphasis on  information 
and awareness campaigns.  In fact,  from  1987 the Federal  Centre for Health Education  is running a 
campaign for children and young people. The same Centre, from 1994, has been conducting a broad  , 
information campaign for the general public focused  on protection of non-smokers.  Also,  a project 
within hospitals has been drawn up by the Federal Centre for Health Education. 
Although the survey conducted among the  16 Lander revealed only a small number of new rules on 
the  protection  of  non-smokers  in  public  places  since  the  previous  Commission  Report  (1992),  it 
emerged that the existing provisions ensure the necessary protection of non-smokers, and that these 
provisions are being implemented. 

GREECE 
Since  1952,  smoking is banned on all types of transport. From  1980, it is banned in enclosed  places 
belonging  to  Government  bodies,  public  and  private  corporate  bodies,  together  with  other 
establishments  such as the Greek telephone organisation, the electricity  society,  the postal  services, 
etc., with the occasional  exception of places in which people wait for lengthy periods, provided that 
there  are  designated  smoking  zones.  Smoking  is  forbidden  from  1990  on  domestic  flights. 
Furthermore, it is forbidden in all premises where health services are supplied (from  1993). 
The Greek Ministry of Health,  Social  Welfare and Social  Security is conducting  regular campaigns 
against  smoking  in  public  places,  particularly  focused  on  health  personnel,  pupils  in  secondary 
schools, teachers,  workers  in the workplace,  the army and through  many other clubs,  associations 
and communities. 

IRELAND 
Sources of regulations: Health Promotion and Protection Regulation of  1990. 
Smoking  is  prohibited  by  the  Regulation  of  1990  in  all  communal  areas  (corridors,  lifts,  rooms, 
etc.),  in  public  administration  buildings  and  in  public  offices,  in  primary  and  secondary  schools, 
universities,  hospitals,  health  centres,  supermarkets,  sport  centres,  cinemas  and  theatres,  food 
preparation areas and  buses . 

Smoking  is restricted  in all  premises  in which  health  care  is  administered,  restaurants,  cafes,  bars, 
stations,  airports  and  ports,  trains  and  airplanes.  The  persons  responsible  for  the  premises  in 
question are also responsible for any breaches of these regulations. The proposed regulation of  1995 
would  limit the  opportunities  for  smoking  by  restricting  or  prohibiting  smoking  in  specified  areas 
not  previously  covered  by  the  regulation  of  1990.  These  are  banks,  building  societies,  insurance 
companies, pharmacies, pre-school facilities, day nurseries, taxis, hairdressing salons, bowling alleys 
and bingo  halls.  An  agreement  has been  reached  on  the  implementation  of a  Code  of Practice  on 
smoking  in  the  Workplace.  The  full  implementation  of  the  Agreement  will  commence  on  21st 
August  1996,  with  a total  ban  on  smoking  in  shared  offices,  while  smoking  will  be  permitted  in 
single  occupancy  offices,  at  discretion  of  their  occupants.  Smoking  will  be  not  permitted  during 
meetings, even in single occupancy offices.  Furthermore,  in buildings with  large canteens there will 
be  a designed  smoking  area,  while  in buildings with  small  canteens,  local  arrangements  should  be 
put  in place to  allow  smokers  and non-smokers  to  use  the  facilities.  Anti-tobacco  campaigns  and 
health promotion programmes will continue to feature permanently over the next few years. 

ITALY 
Source of regulations: Law 584 of 11 November  1975, Decree Law n°  1580. 
This Law provides for a ban on smoking in the majority of pubUc places,  such as hospitals,  schools, 
libraries, museums, but also concert halls, cinemas, theatres and enclosed ball-rooms. In some cases, 
dispensations  may  be  obtained  from  the  local  administration  provided  that  air  conditioning 
equipment  is  installed.  Smoking  is  banned  also  on  pubbc  transport  except  in  areas  set  aside  for 
smokers. In recent years, with a view to more specific  and complete implementation  of the Council 
Resolution,  a number  of  draft  rules  have  been  proposed  by the  various  Ministries.  Among  these, 
proposal  n°  1580 aims to cover all the aspects approved at Community level  and incorporates  new 
building  categories  in  which  smoking  would  be  prohibited.  Since  it  is  a  proposal,  it  needs  to  be 
finally approved  by  the  Parbament  and  to  date,  this  is  not  the  case.  It  foresees  prohibition  of 
smoking in: 
pubbc  and  private  health  estabbshments,  schools  of  every  type  and  level  and  other  educational 
estabbshments  including  universities,buildings  providing  facibties  for  old  or  young  people,  sports, 
recreational  activities,  meetings,  etc.,  public  and  private  buildings  in which  services  are  offered  to 
the pubbc, commercial  premises including catering establishments,  enclosed workplaces (pubbc and 
private)  occupied  by  several  persons.' In  certain  other  types  of  building  (e.g.  pubbc  and  private 
health  estabbshments),  provision  of  rooms  reserved  for  smokers  is  obbgatory,  whereas  in  others 
(e.g.  buildings  used  for  sporting  activities)  such  rooms  may  be  provided,  giving  smokers  the 
opportunity to  smoke whilst  at the same time respecting the rights of non-smokers.  This  proposed 
measure moved  require air-conditioning  or ventilation  equipment to  be  installed  in rooms  reserved 
for smokers, so as to ensure compbance with the bmits laid down for temperature, relative humidity 
and air renewal rate. 
As  part of  its measures to  combat  smoking  and  prevent  damage  to  health,  the Ministry  of Health 
has  promoted  the  1)  organisation  of  a  meeting  in  conjunction  with  the  "World  no-smoking  Day 
1995" to  plan initiatives designed  to  increase  public  awareness  of the risks of  smoking,  and  2)  the 
estabbshment  of  a  Technical  Advisory  Committee  for  the  coordination  of  aU activities  concerned 
with the prevention of smoking and the protection of health and non-smokers. 

°\ 

LUXEMBOURG 
Source of regulation: Law of 24 March  1989; Law of 6 January 1995. 
The  law  generally  covers  premises  open  to  the  public  (hospitals,  schools  or  accommodation  for 
young  people  under  16  years  of  age,  sports  halls,  cinemas,  theatres,  museums,  as  well  as 
pharmacies, doctors' and dentists' waiting rooms and waiting rooms in stations). It introduces a total 
ban on smoking on scheduled buses. A more recent law of  1995 states that the ban on smoking is 
equally extended to institutions for the elderly. 
To date, there are no provisions concerning private estabbshments open to the pubbc such as bars, 
restaurants, hotels, etc. 

THE NETHERLANDS 
Source  of regulations: Decree  of 29 December  1989  implementing  Articles  9-12 of Law  342  of 
1988. 
The  Decree  entered  into  force  on  1  January  1990  and  refers  to  approximately  50,000  pubbc 
buildings  which  are  placed  under  the  obbgation  to  introduce  a  smoking  ban.  These  are  all 
institutions,  services and businesses run by the State, pubbc bodies, or the authorities at provincial 
and local level. Smoking is banned also in health care estabbshments, teaching estabbshments, social 
welfare and cultural institutions and enclosed state-run sports estabbshments. Areas may be set aside 
for  smokers where  necessary.  The  regulation  for  supervising  implementation  of the Tobacco  Act 
provides for, among other things, monitoring of compbance with this smoking ban. 
The Dutch Foundation  on  Smoking and Health carried out  an information  campaign in December 
1995 involving  75,000  schools and  other institutions, with the objective  to  evaluate  and  manage 
pobcies aimed at protecting non-smokers. There is the wilbngness, by the Government, to boost and 
extend smoking bans in order to protect non-smokers. 

PORTUGAL10 
Portugal has long-standing laws banning smoking in pubbc places. The decrees in force  since 1978 
were amended by the Law on the prevention of smoking in  1982 and, subsequently, by decrees or 
decree-laws in 1983, 1987, 1988 and 1989. 
The legislation covers the various places open to the pubbc: hospitals and health care or education 
estabbshments,  areas reserved  for  minors, concert  halls, enclosed  sports halls, etc., with provision 
for  areas to  be  set  aside for  smokers.  Smoking  is prohibited  on urban  pubbc  transport  and,  as a 
general  rule,  on  all means  of transport  (trains,  coaches, boats,  etc.)  for journeys  of less than  one 
hour. Areas must be set aside for smokers on longer journeys. 
The legislation  also provides for  the  introduction  of non-smoking  areas  in restaurants,  hotels and 
other similar estabbshments controUed by the pubbc authorities. However, the ban on smoking does 
not apply if it is not possible to set aside areas for smokers. 

10 

Situation as of 1992, since no updated information are provided. 

•to 

SPAIN 
Source of regulations: Royal Decree n°  192 of  1988 - Royal Decree n° 510 of  1992 - Royal Decree 
n°  1185 of 1994. 
Spanish regulations  concerning  smoking  bans in pubbc places  are based  on Royal  Decrees  n°  192 
and  510  of  4  March  1988  and  14  May  1992  respectively.  The  decrees  introduce  the  general 
principle that, in case of conflict,  a non-smokers' right to health must take precedence over smokers' 
rights. There is a total ban on smoking in the workplace where there is increased risk to  health due 
to handling of harmful substances, in areas where pregnant women are working, and in lifts. 
In  1994  a new Royal  Decree  was  pubbshed  (n°  1185  of 3 June  1994)  on the  labelling  of  tobacco 
products other than  cigarettes,  which  bans certain products  intended  for  oral  use  and updates  the 
system  of penalties  relating  to  tobacco.  This Decree  prohibits  smoking  in  "commercial  aircraft  on 
domestic flights of less than 90 minutes".  Furthermore, information and education campaigns have 
been organised. In 1993, a campaign has been organised at national level, addressed to pupils of  12-
16 years.  At  the  same  time,  autonomous  Communities  in  Spain  have become  closely  involved  in 
measures  taken  in  this  area,  by  introducing  their  own  legislation  extending  or  complementing 
national legislation.  In Madrid,  there has been an agreement with restaurateurs to  create  separate 
areas for smokers. 

SWEDEN 
Sources of regulations: Law n° 581  of  1993 and Law n° 98 of 1994. 
Smoking  is banned  in the following  areas:  schools,  during  recreational  courses  and  similar  places 
including kindergartens; in places where medical care is provided and in other health estabbshments; 
in  common  areas  of  retirement  homes  and  other  areas  providing  the  same  services  and  care; in 
places open to the pubbc (meeting rooms,  cultural and sports facibties); other pubbc places such as 
stores and national  means of transport.  Smokers  can be accommodated  in special  areas.  In hotels 
and similar estabbshments and in restaurants, some areas for smokers should be foreseen,  but in the 
case where this is not possible, the banning of smoking is the rule. In the workplace, the employer is 
responsible for the health of his employees, particularly from the risk of passive smoking. 

UNITED  KINGDOM 
Source of regulations: Code of practice, smoking in pubbc places. 
There  are  regulations  concerning  public  areas  under  Government  or  local  authority  control.  The 
pobcy  adopted  is  that  non-smoking  should  be  the  norm  in  all  buildings  used  by  the  pubbc,  with 
special  provision  for  smoking in separate  areas or rooms where  appropriate.  In December  1991, a 
Code  of  Practice  on  Smoking  in  Pubbc  Places  was  issued  and  seeks  to  implement  appropriate 
smoking pobcies by voluntary means. 
Smoking is completely banned on the underground,  a great quantity of trains and buses,  on the car 
decks of ferries and certain domestic and international air flights.  AU other forms of pubbc transport, 
with the exception  of taxis,  provide  separate non-smoking  accommodation.  An increasing  number 
of schools either prohibit  smoking  on  school  premises,  or limit it to  a designated  area for teachers, 
non-teaching staff or visitors. 
The National  Health  Service  is  now  smoke-free  except  for  limited  provision  of  separate  smoking 
rooms where unavoidable. 

/M 

Situation in the various Member States on the 
implementation of Resolution 89 C189/01 
F 

GR 

Fl 

M 

D 

D 

IR 

B 

h 

A 

ANNEX IV 

L 

N 

p 

E 

SW 

UK2 

Places indicated in Res. C189/01 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

b 

sa 

1. Establishments where services are provided to 
the public whether for a charge or free, including 
for the sale of goods. 

2. Hospitals, establishments where health care is 
given and all other medical establishments. 

3. Establishments where senior citizens are 
received 

4. School and other premises where children or 
young people are received or housed 

5. Establishments where higher education and 
vocational training are given. 

6. Enclosed establishments used for 
entertainment (cinema, theatres, etc.); radio and 
television studios open to the public. 

7. Establishments and enclosed places where 
exhibitions are held. 

8. Establishments and enclosed places where 
sports are practiced. 

9. Enclosed premises of underground and railway 
stations, ports and airports. 

10. Public transport: 
* Airplanes 
* Urban Transportation (bus,  underground) 
* Trains 

O 

O 

o 

O 

o 

o 

o 

O 

0 

O 

O 

O 

O 

O 

O 

O 

O 

O 

O 

O 

O 

O 

o 

O 

o 

O 

o 

o 

o 

o 

o 

o 

O 

O 

O 

o 

o 

o 

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O 

O 

O 

O 

O 

0 

o 

o 

o 

o 

0 

o 

o 

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o 

0 

o 

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0 
0 
0 

0 

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0 
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0 

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0 
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0 
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0 

0 

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0 
0 
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0 
0 

Measures in force;  b: banned; 

sa: smoking areas; 

1 : on the basis of the proposed Law in discussion at Parliament; 

2: "Code of practice 1991 ' 

ISSN 0254-1475 

COM(96) 573 final 

DOCUMENTS 

EN 

05  06 

Catalogue  number  :  CB-CO-96-572-EN-C 

ISBN 92-78-11457-X 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg