Spain is moving closer to expanding smoke-free spaces after the Council of Ministers approved the draft of the new anti-smoking law yesterday, Tuesday 21st July, in its second reading. The reform, promoted by the Ministry of Health, introduces major changes such as a prohibition on smoking on sea and river beaches, outdoor terraces of bars and restaurants, collective-use swimming pools, and open-air venues where public shows take place.
The legislation now begins its parliamentary process in the Cortes Generales. According to Health Minister Mónica García, the objective is to expand the right to breathe clean air, adapt legislation to new tobacco-related products, and strengthen the protection of children and adolescents. Alongside extending smoke-free areas, the proposal aims to equalise regulations for electronic cigarettes, vapes, and related items, reinforce advertising limits, and toughen penalties.
Under the project, smoking will be prohibited on beaches, bar and restaurant terraces, public swimming pools, sports facilities, national parks, and work vehicles unless used exclusively for personal use. It will also ban smoking at open-air public shows, such as concerts, outdoor theatres, or outdoor cinemas. Furthermore, reinforced protection environments will be created, establishing a minimum smoke-free radius of 15 metres around entrances to hospitals, educational centres, universities, museums, libraries, sports centres, children’s playgrounds, and public buildings.
The reform adapts to new consumption habits, particularly among young people, by regulating conventional tobacco, electronic cigarettes, vapes with and without nicotine, hookahs, herbal smoking products, and nicotine pouches equally. Consumption of these products by minors under 18 years old is explicitly banned, and advertising restrictions are tightened. Tobacconists and specialised shops will not be allowed to display posters or promotions visible from outside their establishments.
The draft modifies the penalty regime, raising fines for minor infractions to between 300 and 600 euro. For minors, parents or guardians will assume subsidiary responsibility for the fine, with the option to replace the financial penalty with community service.
The ban will not take immediate effect, as the draft law must still be debated and voted on in the Congress and the Senate, where parliamentary groups can submit amendments. Measures such as generic tobacco packaging or a ban on disposable vapes may still be incorporated during parliamentary proceedings. The government aims to reduce smoking, protect citizens from second-hand smoke, and meet the goals of the Comprehensive Tobacco Prevention and Control Plan 2024–2027. According to Health Ministry data, smoking causes around 50,000 deaths annually in Spain and generates a direct healthcare cost of between 100 and 200 million euro every year.
