The new smoking law is causing plenty of controversy in Spain. Firstly, the National Commission on Markets and Competition (CNMC) has issued its report on the draft bill on health measures against smoking and regulating the sale, supply, consumption and advertising of tobacco products, at the request of the Ministry of Health, in which it suggests considering less restrictive alternatives before banning single-use electronic cigarettes.
In general, the new health regulation introduces restrictions that already exist for traditional tobacco and now also apply to tobacco-related products in terms of consumption, sale, advertising and sponsorship. One of the problems, it points out, is that ‘several of the measures proposed are not covered by European regulations, which are currently under review’, and it therefore recommends assessing the advisability of coordinating the processing of both regulations in order to minimise adjustment costs for operators.
With regard to the articles of the draft bill, it is suggested that less restrictive alternatives be considered that would allow the objectives of general interest to be met without completely banning the product category of single-use electronic cigarettes. ‘All of this is without prejudice to the fact that the outcome of the assessment may ultimately confirm that strict restrictions, including a ban, are necessary to achieve the health and environmental objectives pursued,’ it states.
It also recommends rethinking the restrictions on advertising, promotion and sponsorship of related products and devices in order to ‘respect competitive neutrality’ between the two types of establishments affected. Finally, it believes that if the aim is to limit the ability to promote related products and devices by affecting the maximum value or price of the goods or services concerned, ‘the regime applicable to tobacco products should not be automatically applied, but rather the principles of good regulation should be applied on a case-by-case basis’.
And secondly, Spain’s hospitality industry has described the ban on smoking on terraces included in the anti-smoking law as ‘disproportionate’ and has reiterated its ‘incomprehension’ at the measure, according to a statement from the organisation. The organisation has warned that the measure would have ‘very limited effectiveness’, as it could displace meetings with smokers to enclosed spaces such as homes, ‘increasing exposure to smoke’, and would encourage “disorderly” consumption in the vicinity of terraces, ‘where there are no designated areas for waste, with the consequent damage to the environment and neighbours’.
Hostelería de España has also warned of the ‘negative impact on tourism and the country’s international image’, considering that Spain would become an “exception” within Europe, where ‘only Sweden maintains a similar total ban’. The organisation has highlighted that countries such as France have chosen to expressly exclude terraces from their restrictions so as not to harm the hospitality industry or tourism. “Furthermore, it would cause particular confusion among the millions of tourists who visit Spain every year - more than 94 million in 2024 - in a country where the tourism sector is one of the main economic drivers. It would also place an added burden on workers in the sector, who would be forced to take on surveillance duties that are not their responsibility, which could lead to undesirable situations with customers,” the organisation pointed out.
According to the latest survey conducted by 40dB in conjunction with Hostelería de España, 69.3% of Spaniards believe that information and awareness campaigns are more effective in reducing tobacco consumption than outright bans. In turn, the study highlights that the possible ban on smoking on terraces is not seen as a priority for the majority of the population either.
More than 56% of Spaniards do not consider it urgent to adopt this measure, while 85.2% anticipate that smokers will continue to do so in the vicinity, ‘hindering the work of local workers and generating new problems of coexistence’. Another conclusion of the survey is that 57.4% of respondents believe that there could be a “rebound effect”, with smokers moving their gatherings to enclosed spaces such as homes, ‘which would increase exposure to smoke in places with poorer ventilation’. Similarly, 62.6% fear a negative effect on Spain’s image as a tourist destination.
For all these reasons, Hostelería de España reiterates its ‘willingness to engage in dialogue’ with the authorities and urges the government to ‘reconsider the measure’. “It is essential to ensure coexistence and avoid imposing additional burdens on professionals in the hospitality sector. Terraces are a key space for the social and economic life of the country, and any decision must seriously assess its real impact in terms of employment, business activity, tourism competitiveness and customer experience.”