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June 30, 2022

Law banning indoor smoking in public spaces, to come into force on March 16

The law banning indoor smoking in public spaces was published in the Official Gazette on Monday, and will come into force in 45 days’ time.

The draft law that bans indoor smoking in public spaces, workspaces, playgrounds, healthcare, education and childcare units, was adopted by the Lower Chamber on 15 December 2015.

The law was challenged at the Constitutional Court, but judges established that the modified provisions are in line with the fundamental law.

The law, declared to be in line with the constitution, was promulgated on Friday by President Klaus Iohannis. Today the law was published in the Official Gazette and will come into force on
March 16.

According to the law adopted by the Lower Chamber, smoking is banned in “any space to which the public has access, or any space meant for collective use, irrespective of the form of ownership or access rights, which has a roof or ceiling and at least two walls, irrespective of their nature or their temporary or permanent character.”

Likewise, smoking will not be allowed in workspaces or on playgrounds or other spaces for children, irrespective of whether they are indoor or outdoor spaces.

The prohibition is also applied to public transport, healthcare and education units, as well as childcare units, both state-owned and private.

The exceptions are represented by convicts’ cells in maximum security prisons. Moreover, smoking is allowed in specially equipped rooms, located exclusively in the transit area of international airports, under the following conditions: they should not be areas of transit or access to enclosed public spaces, they should be equipped with functional ventilation systems that would allow for the elimination of tobacco smoke, they should be equipped with ash trays and fire extinguishers, and arranged according to the stipulations of applicable fire protection laws, and should be marked with visible signs such as “Smoking room” or “Smoking area”.

The law also forbids the sale of tobacco-based products in healthcare and education units, state-owned or private, or the sale of unpacked cigarettes, cigars and cigarillos.

Violation of the anti-smoking law by physical persons would result in fines ranging from RON 100 to 500.

Violation of the anti-smoking law by juridical persons would result in fines of RON 5,000 at the first misdemeanour, and of RON 10,000 and the additional sanction of suspension of activity until the situation that has caused the suspension of activity is solved at the second misdemeanour.

Committing a new misdemeanour would result in a fine of RON 15,000 and an additional sanction of closing the unit.

At this moment, 17 of the 28 European Union states have a full ban on smoking in enclosed public spaces, public transportation and workplaces.

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