The Ministry of Health plans to begin the legislative process ‘in a few weeks’ as soon as some outstanding issues are resolved, according to Health Minister Mónica García, who reiterated on Tuesday in Congress that this will be ‘the most ambitious reform possible’ of the current legislation.
The latest draft of the bill, to which news agency EFE has had access, prioritises ‘the right of the non-smoking population to breathe unpolluted air’, while seeking to denormalise consumption, especially of new products.
It defines and regulates these new forms of consumption, which will be subject to the same restrictions as tobacco: electronic cigarettes with and without nicotine, herbal products for smoking/shisha, nicotine pouches and any other device containing this substance, whether natural or synthetic, or without it, which is used ‘for recreational purposes and/or imitates the act of smoking, induces it or is related to its traditional and/or social consumption’.
All of these products may only be sold in tobacconists and specialised shops, which may not sell items that may be attractive to minors, such as sweets, snacks, toys and similar products.
New smoke-free areas
The draft bill clarifies some of the prohibitions already in force and adds new smoke-free areas:
– Vehicles used as workplaces.
– Smoking is not allowed in health centres, but in the future it will also be prohibited in outdoor or covered areas within their premises.
– Educational and training centres, universities and adult education centres.
– Sports facilities, public swimming pools and venues where public performances take place, regardless of whether they are indoors or outdoors.
– Leisure and recreation centres, except in outdoor areas, as well as nightclubs, gambling establishments and establishments for public use in general, regardless of whether or not minors are present.
– Bars, restaurants and other commercial catering establishments, both indoors and outdoors.
– Children's playgrounds and play areas, understood as enclosed areas containing equipment or facilities specifically intended for the play and recreation of minors.
– Protection of the environment is reinforced by prohibiting smoking ‘within a perimeter of less than 15 linear metres’ from the entrances to public buildings, public and private health and social centres, ‘educational establishments, universities, museums, libraries and other public or private educational or cultural centres, public or private sports centres and children's parks or playgrounds’.
– Smoking clubs are abolished.
Violations of the law will range from minor to very serious and will be punishable by fines of up to 600,000 euros, including, specifically, the advertising and sponsorship of products and devices outside the exceptions provided for.
The beaches of Muro in northeast Mallorca and Port de Sant Miquel (Sant Joan de Labritja Ibiza) have joined the smoke-free campaign to prevent smoking, which now has 50 ‘Smoke-free beaches, healthy beaches’ in the Balearics. There are now 50 beaches that form part of the Balearic network of smoke-free beaches.
Elsewhere in Spain, 53 beaches in Andalucia, 61 beaches on the Canary Islands and 18 beaches in the Costa del Sol have all been declared smoke-free. In Costa Blanca, one in four beaches has banned smoking.
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