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What it is

New bans and limits on selling, smoking and advertising tobacco

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 26 April 2005. Introduced by: Gobierno.

Official title: Government bill on health measures against tobacco and regulating the sale, supply, consumption, and advertising of tobacco products.

Follow this law

Source: Congreso de los Diputados, file 121/000036· updated 11 Nov

Automatic summary, not yet reviewed

  1. Tobacco can only be sold at official tobacco shops or through authorized vending machines. Selling or giving tobacco to anyone under eighteen is banned, as well as selling products that imitate tobacco and may appeal to minors.
  2. Vending machines may only be placed inside places where smoking is not banned, in a supervised spot, with a health warning and technical devices that block use by minors. They cannot sell anything other than tobacco.
  3. Smoking is totally banned in many places: enclosed workplaces, health and education centers, shopping centers, elevators, public transport, taxis, stations and other enclosed public spaces.
  4. In some places, such as large bars and restaurants, hotels or airports, smoking areas may be set up if they are clearly marked, physically separated, have independent ventilation and limited size. Minors under sixteen cannot enter these areas.
  5. Advertising, promotion and sponsorship of tobacco products are banned in all media, with few exceptions (for example, publications for tobacco trade professionals). Free samples and discounted sales are also banned.
  6. Smoking where it is banned is a minor offense with a fine of up to €30 if it is an isolated act. Selling tobacco to minors is a serious offense (fines from €601 to €10,000) and advertising tobacco is a very serious offense (up to €600,000).

Who it affects

  • Smokers: They can only smoke where it is not banned or in designated smoking areas; smoking elsewhere can lead to a fine.
  • Tobacco shops and vending machines: They cannot sell to anyone under eighteen, cannot sell remotely or at a discount, and must ask for proof of age when in doubt.
  • Bars, restaurants and hotels: They can only set up smoking areas if they meet the size, separation and ventilation requirements; small enclosed establishments decide whether to allow smoking and must say so.
  • Media and advertisers: They cannot advertise, promote or sponsor tobacco products, except for the allowed exceptions.
  • Minors: They cannot buy tobacco or use vending machines, and cannot enter designated smoking areas.

Words worth knowing

Expendedurías de tabaco y timbre
The official tobacco shops in Spain (known as estancos).
Deshabituación tabáquica
Programs and treatments to help people quit smoking.
Infracción leve, grave o muy grave
Classification of offenses by severity; the more serious, the higher the fine.
Multas coercitivas
Fines that can be imposed for each day a person keeps ignoring an order from a public authority.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced26 April 2005Someone registers the text in the Congreso.
  2. Admitted4 May 2005The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments9 May 2005Groups propose changes.
  4. Committee14 September 2005A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate5 October 2005The Senate can pass it, amend it or veto it.
  7. BOE15 December 2005It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Apr 2005May 2005Jun 2005Jul 2005Aug 2005Sept 2005Oct 2005Nov 200511. 26 April 2005: Presentación22. 4 May 2005: Comisión de Sanidad y Consumo Publicación desde 04/05/2005 hasta 09/05/200533. 4 May 2005: Calificación44. 9 May 2005: Comisión de Sanidad y Consumo Enmiendas desde 09/05/2005 hasta 14/09/200555. 14 September 2005: Comisión de Sanidad y Consumo Informe desde 14/09/2005 hasta 28/09/200566. 28 September 2005: Comisión de Sanidad y Consumo Aprobación con competencia legislativa plena desde 28/09/2005 hasta 05/10/200577. 5 October 2005: Senado desde 05/10/2005 hasta 30/11/200588. 30 November 2005: Pleno Enmiendas o veto del Senado desde 30/11/2005 hasta 15/12/200599. 15 December 2005: Concluido - (Aprobado con modificaciones) desde 15/12/2005 hasta 24/01/2006

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 28/2005, of 26 December, on health measures against tobacco and regulating the sale, supply, consumption and advertising of tobacco products.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error