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Law against tobacco use

Main points involving the occupational environment

The law seeks above all to protect non-smokers against other people’s smoke and also to protect young people below the age of 16 from active or passive tobacco consumption.
Advertising for tobacco and its free distribution are therefore prohibited. The sale to minors below the age of 16 is likewise banned. 
Smoking is also prohibited:

  • in hospital establishments, waiting rooms of healthcare professionals and pharmacies;
  • in educational establishments;
  • in covered sports premises, establishments in which public performances are given, exhibitions and other rooms open to the public;
  • in the lobbies and rooms of public buildings;
  • in public transport;
  • in catering establishments;
  • in shopping malls.

The workplace is governed by:

Article 16 § 3:
“The employer must take every possible action to safeguard and improve the protection of the physical and mental health of workers in particular … by taking the necessary measures to ensure that the workers are effectively protected against the emanations resulting from the use of tobacco by other people”.

 

Law of 18 July 2013 on the fight against smoking

This bill provides stricter regulation of the manufacture, presentation and sale of tobacco:

  • From now on, cigarettes and rolling tobacco containing "characterising flavours" (menthol, vanilla, sweets ...) will be banned;
  • Manufacturers will be obliged to accurately declare the ingredients used in tobacco products to the health authorities;
  • Health warnings covering 65% of the front and back surface of the packaging of tobacco products becomes mandatory;
  • It will be forbidden to include any advertising or misleading elements on tobacco products.

The aim is to protect young people in particular and to prevent them from taking up smoking. The main national provisions propose :

  • A ban on smoking in playgrounds;
  • A ban on smoking in private vehicles when children under the age of 12 are on board;
  • Increasing the legal age from 16 to 18 for the sale of tobacco products;

In order to protect citizens and consumers from the potential risks of the electronic cigarette, the bill provides for the prohibition of "vaping" in the same places as the smoking ban.
In addition, this project regulates many aspects of the electronic cigarette, such as its placing on the market, the content of the e-liquid, the concentration of nicotine in the e-liquid, the volume of refill units, consumer information and advertising.