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Comments: A new step has been taken to more efficiently protect children regarding TV<br />

programs. Nevertheless, parents should continue to be responsible for their<br />

child’s education.<br />

2. Legislation: New Draft Bill <strong>of</strong> the Smoking Prevention Act<br />

Topic: Tobacco<br />

When: January 2005<br />

Who: Spanish Government<br />

Where: Spain<br />

What Happened: At the start <strong>of</strong> this year, the proceedings started for the New Draft Bill <strong>of</strong> the<br />

Smoking Prevention Act, drawn up by the Ministry <strong>of</strong> Health. It is turning<br />

out to be very controversial due to the opposition shown from the Ministries<br />

<strong>of</strong> Industry, Employment and Justice, among others.<br />

With this new Act, the Ministry <strong>of</strong> Health aims to reduce the harmful effects<br />

<strong>of</strong> tobacco. It believes that 16% <strong>of</strong> deaths in people over the age <strong>of</strong> 35 are due<br />

to tobacco consumption.<br />

Some <strong>of</strong> the main novelties <strong>of</strong> the Draft Bill are:<br />

a. Minimum age for the purchase <strong>of</strong> tobacco<br />

It is currently prohibited to sell tobacco to minors under the age <strong>of</strong> 16, either<br />

directly or through vending machines. The Draft Bill increases the minimum<br />

age to 18.<br />

b. Places where tobacco cannot be sold<br />

At present, tobacco cannot be sold in health establishments, schools and<br />

those places allocated for children and young people. The new Act also<br />

includes cultural and sports centres and any other place where smoking is<br />

prohibited.<br />

c. Prohibition <strong>of</strong> smoking at work<br />

The current Act bans smoking in workplaces where there is the risk <strong>of</strong><br />

combining tobacco with certain industrial contaminants or where there are<br />

pregnant women. The Draft Bill stipulates that in 2006 it will be prohibited to<br />

smoke in any public or private workplace.<br />

d. Prohibition <strong>of</strong> smoking in bars<br />

There are currently only restrictions for theatres, cinemas and restaurants,<br />

where the smoking areas must be suitably specified.<br />

This new Act bans smoking in bars and restaurants larger than 100 m2,<br />

unless a specific place, with separate ventilation, is adapted for this purpose.<br />

e. Prohibition <strong>of</strong> advertising, promotion and sponsorship<br />

At present, it is prohibited to advertise smoking on television (public and<br />

private) and on public radio. The new Act aims to completely eliminate<br />

tobacco advertising. The ban is also extended to the press and private radio.<br />

It will also be prohibited to give products related to tobacco as promotional<br />

gifts and perform sponsorship activities.<br />

f. Sanctions<br />

The infringements are classed as: minor with fines <strong>of</strong> 30 to 600 Euros, serious<br />

with fines <strong>of</strong> 600 to 10,000 Euros (e.g. selling tobacco to minors) and very<br />

serious with fines <strong>of</strong> 10,000 to 60,000 Euros (e.g. advertising, promotion and<br />

sponsorship <strong>of</strong> tobacco products).

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