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What it is

Smoking banned in all bars and enclosed public spaces

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 2 June 2010.

Official title: Private member's bill amending Law 28/2005, of December 26, 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 122/000234· updated 11 Nov

Automatic summary, not yet reviewed

  1. Smoking is banned in all enclosed public or collective spaces, including enclosed bars and restaurants, nightclubs, hotels, shopping centers, transportation and airports. It is also banned in outdoor playground areas for children.
  2. The law defines what counts as an outdoor space in the hospitality sector: one that is not covered, or that is covered but surrounded by at most two walls.
  3. Hotels and guesthouses may reserve up to 30% of rooms for smokers, provided they are separate, have independent ventilation and are clearly marked.
  4. TV and other media may not show hosts or guests smoking or display tobacco brands.
  5. Smoking where it is banned is a minor offense with a fine of up to 30 euros for an isolated case. Serious offenses carry fines from 601 to 10,000 euros, and very serious ones from 10,001 to 600,000 euros.
  6. The law amends the 2005 law and takes effect on January 2, 2011. The Autonomous Communities approve their own implementing rules.

Who it affects

  • Bar and restaurant owners: They must stop people smoking in enclosed areas, post signs, and can be fined if they allow it.
  • Hospitality workers: They are no longer exposed to tobacco smoke at work, like other workers.
  • Smokers: They cannot smoke in enclosed public spaces or children's play areas, only in designated outdoor spaces.
  • Hotels and psychiatric or prison facilities: They may set up clearly marked smoking areas or rooms with independent ventilation.
  • Media outlets: They cannot broadcast images of hosts or guests smoking or show tobacco brands.

Words worth knowing

Deshabituación tabáquica
Health programs and treatments to help people quit smoking.
Comunidades Autónomas (Autonomous Communities)
Spain's regional governments, which can pass their own rules, such as Catalonia or Andalusia.
Consejo Interterritorial del Sistema Nacional de Salud
Body where the central government and the regions coordinate public health care.
Comisionado para el Mercado de Tabaco
Public agency that authorizes tobacco sales in Spain.

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. Introduced2 June 2010Someone registers the text in the Congreso.
  2. Admitted8 June 2010The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments23 July 2010Groups propose changes.
  4. Committee29 September 2010A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate20 October 2010The Senate can pass it, amend it or veto it.
  7. BOE21 December 2010It is published in the Official State Gazette (BOE) and comes into force.
See the 13 official steps on a timeline
Jun 2010Jul 2010Aug 2010Sept 2010Oct 2010Nov 201011. 2 June 2010: Presentación22. 8 June 2010: Boletín Oficial de las Cortes Generales Publicación desde 08/06/2010 hasta 11/06/201033. 8 June 2010: Calificación44. 11 June 2010: Gobierno Contestación desde 11/06/2010 hasta 11/06/201055. 11 June 2010: Pleno Toma en consideración desde 11/06/2010 hasta 22/06/201066. 22 June 2010: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 22/06/2010 hasta 19/07/201077. 19 July 2010: Comisión de Sanidad, Política Social y Consumo Publicación desde 19/07/2010 hasta 23/07/201088. 23 July 2010: Comisión de Sanidad, Política Social y Consumo Enmiendas desde 23/07/2010 hasta 29/09/201099. 29 September 2010: Comisión de Sanidad, Política Social y Consumo Informe desde 29/09/2010 hasta 19/10/20101010. 19 October 2010: Comisión de Sanidad, Política Social y Consumo Aprobación con competencia legislativa plena desde 19/10/2010 hasta 20/10/20101111. 20 October 2010: Senado desde 20/10/2010 hasta 13/12/20101212. 13 December 2010: Pleno Enmiendas o veto del Senado desde 13/12/2010 hasta 21/12/20101313. 21 December 2010: Concluido - (Aprobado con modificaciones) desde 21/12/2010 hasta 08/02/2011

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.

It was presented again:

The same initiative in the other chamber:

Published in the BOE: Law 42/2010, of December 30, amending Law 28/2005, of December 26, on health measures against tobacco use 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