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The Spanish Council of Ministers approved a new draft anti-tobacco law on Tuesday that bans smoking on outdoor terraces, beaches, around swimming pools, at bus stops, and during open-air concerts and festivals. Additionally, the legislation directly prohibits tobacco consumption by minors for the first time. The document overhauls the 2005 law and now heads to the Congress of Deputies for parliamentary debate.
The new regulations equalize traditional cigarettes with e-cigarettes, vapes, nicotine pouches, hookahs, and any smoking-related devices. Sales will be restricted strictly to specialized tobacconists (estancos), removing them from kiosks, bars, and vending machines.
In addition to all enclosed public spaces where smoking is already prohibited, the expanded ban encompasses outdoor areas: bar and café terraces, open-air entertainment venues (concerts and festivals), sports and cultural facilities, beaches, swimming pools, playgrounds, public transport stops and shelters, train platforms, official vehicles, and educational grounds. Furthermore, a 15-meter "protective perimeter" will be established around schools, universities, hospitals, sports centers, parks, playgrounds, museums, libraries, and cultural centers.
Smoking both traditional cigarettes and any related electronic or alternative devices will be strictly forbidden in these locations.
Until now, Spanish law only prohibited the sale and supply of tobacco to minors. Under the new draft, the act of smoking or consuming any tobacco products by individuals under 18 will be directly outlawed, with parents facing fines of up to €100 for violations.
According to the Health Ministry's ESTUDES 2025 survey, the proportion of daily smokers among teens aged 14 to 18 fell to a historical low of 4.2%—the lowest since tracking began in 1994. However, the percentage of teens who smoked at least once in the past month remains notable at 15.5%. Reports from the Spanish Society of Family and Community Medicine (SEMFYC) warn that youth smoking hasn't vanished, but rather evolved: 13.2% of teenagers aged 14 to 18 smoke, with 90.5% of them dual-using both e-cigarettes and traditional cigarettes, compared to just 1.2% among smokers over age 65.
The bill introduces a complete ban on all advertising, promotion, and sponsorship of tobacco and related products across all media and platforms, including the internet and vending machines. It also mandates clear signage marking smoke-free zones. A dedicated sanctions framework with monetary penalties will be enforced, and manufacturers will be required to label products with detailed nicotine content and product specifications.
The government is also reviving the Tobacco Prevention Observatory, which was suspended in 2014, to oversee national anti-smoking policies.
“This reform has a clear goal: to better protect public health and move toward a tobacco-free generation,” Health Minister Mónica García announced during a press conference following the cabinet meeting.
She noted that smoking accounts for 50,000 deaths annually in Spain and causes 30% of all cancer cases, adding that the new regulations are projected to save the healthcare system between €100 million and €200 million per year.
Spain’s first smoking restrictions were introduced in 1988 under Felipe González’s government, banning smoking in hospitals and schools while allowing designated smoking areas. That law also banned sales to under-16s and TV ads. In 1992, smoking was banned on flights under 90 minutes, expanding to all flights by 1999.
Legislation enacted under José Luis Rodríguez Zapatero banned smoking in workplaces (excluding outdoor areas), schools, hospitals, public transport, taxis, ambulances, funiculars, cable cars, and subways starting January 1, 2006.
For bars and restaurants smaller than 100 square meters, owners could decide whether to allow smoking—and most chose to permit it. Larger establishments were required to create designated smoking areas capped at 30% of total space and under 300 square meters. The 2011 reform closed these loopholes, banning indoor smoking across all bars and restaurants while continuing to permit smoking on open-air terraces—a privilege now set to end under the new law.
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