The bill bans smoking and vaping on bar and restaurant terraces, beaches, public pools, bus stops, sports facilities, parks, playgrounds, outdoor events, and university campuses.
Minors under 18 are explicitly prohibited from smoking and consuming any tobacco-related products; parents face a €200 fine, convertible to community work.
Penalties range from €200 for minor infractions to €600,000 for illegal advertising, promotion, and sponsorship of tobacco products.
José Luis Álvarez Almeida, president of Hostelería de España, argued that terraces are ventilated spaces and the law merely displaces consumption, urging deputies to reject the limitations.
Tobacco causes around 50,000 deaths annually in Spain; daily smoking among 14-18 year-olds is at a historic low of 4.3%, but last-month use remains at 15.5%.
The bill updates the 2005 anti-smoking law to cover e-cigarettes, vapes, nicotine pouches, and shishas, treating them the same as traditional cigarettes. Smoking and vaping will be prohibited on bar and restaurant terraces, beaches, public pools, bus stops and shelters, sports facilities, parks, children's playgrounds, outdoor events, and university campuses. Commercial vehicles are also included unless used exclusively for private purposes. The law creates protected zones around schools and hospitals. Minors under 18 will be explicitly banned from smoking and consuming any tobacco-related products; previously only the sale to minors was prohibited.
The penalty system divides infractions into three tiers. Minor offences, such as smoking in a prohibited space or a minor consuming tobacco, carry fines of €200 to €600. Serious infractions, including allowing smoking where banned or selling single-use e-cigarettes, are punishable by €601 to €10,000. The most severe category, covering illegal advertising, promotion, sponsorship, free samples, and discount sales, can result in fines from €10,001 up to €600,000. When a minor is caught smoking, the €200 fine falls on the parents, though it can be substituted with community work. E-cigarettes and similar devices will only be sold in specialised shops, ending their availability in convenience stores and bazaars.
The hospitality sector has pushed back. José Luis Álvarez Almeida, president of Hostelería de España, acknowledged that the bill does not immediately ban smoking on terraces but argued that it "displaces consumption from one space to another." He insisted that terraces are "open-air, ventilated spaces that guarantee coexistence and respect between smokers and non-smokers" and called on deputies to recognise that "these limitations don't make much sense."
“What the law does is displace consumption from one space to another. Terraces are open-air, ventilated spaces that guarantee coexistence and respect between smokers and non-smokers.”
Health professionals and patient advocates welcomed the reform. Nieves Diestro, a 40-year-old biologist who has been trying to quit for nearly two decades, said that if the law had been in force during her student years she would never have taken a first puff. Carlos Jiménez-Ruiz, a pulmonologist and smoking cessation specialist, stressed that "good dissuasive legislation would be key to preventing this."
Tobacco remains one of the leading preventable causes of death in Spain, with around 50,000 fatalities each year, according to the health ministry. The latest ESTUDES 2025 survey on drug use in secondary education shows that daily smoking among 14- to 18-year-olds has fallen to 4.3%, the lowest level since records began in 1994. However, the share who smoked at least once in the previous month stands at 15.5%, indicating that occasional use remains widespread. Almost half of all smokers attempt to quit each year, a figure that supporters of the law say could improve with stronger deterrents.
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The bill now moves to the Cortes Generales for parliamentary debate and possible amendments. It is not yet in force and could face delays or changes, especially if the government changes before the end of the legislature. Hospitality representatives have warned that a change of government could send the law "back to square one." Health minister Mónica García framed the legislation as a return to Spain's vanguard role in tobacco control, stating that the country has always been at the forefront and "with this law we are going to recover it." She added that the reform aims to "take the next step to expand the right to breathe clean air" and to "respond to new products and especially protect the new generations."
“We intend to continue marking a before and after in the protection of public health.”
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The Council of Ministers approved the bill on 21 July, expanding smoke-free zones to outdoor hospitality areas, beaches, and universities, and imposing penalties of up to €600,000 for illegal advertising.
AI text based on reports by EL MUNDO, El Confidencial and EL PAÍS. Published .