The Council of Ministers today approved the new Anti -Tabaco Law, which is regulated by Royal Decree 47/2024, this being one of the great bets of Minister Mónica García. In this way, the ministry wants, in addition to prohibiting smoking in spaces such as bars and restaurant terraces, expanding the Smokeless areas to courtyards or pools. With this measure, the minister seeks that people “stop smoking” based on “prohibition”, but evidence, as other countries in our European environment show, has shown that the prohibition is not the solution, in addition to leading to economic problems.
On the one hand, and as we have said, the norm (which can be consulted in this Official State Gazette) prohibits smoking on bars and restaurant terraces; The measure is extended to smokeless areas in pools or enclosures, although the list is broader. This measure will have an economic impact and will mainly affect the hospitality and tourism sector, being the main injured hospitality or restaurants owners, bars or other similar establishments. By prohibiting smoking on terraces, smokers will not quit smoking, but to go to these establishments to consume, so it will be a measure that will impact the business.
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This is important, since we must bear in mind that in Spain there are almost 8 million smokers and the hospitality is one of the largest economic engines. To this we add that the smoking prohibition will make tourists think if coming to Spain or Opt for another tourist destination with less prohibitionboth when smoking and vaping.
Given this, Minister Mónica García defends the prohibition as “scientific evidence.” Given these facts, the hotel sector and agencies such as the National Commission of Markets and Competition (CNMC) explain that the such tax measures are not the solution and advocates prioritizing education and for less harmful alternatives, demonstrated with scientific studies.
A law that clashes with Europe
In parallel to the law that has been promoted today, Health has been processing a decree to regulate new products (aromas in vapers and nicotine bags). That text has Shock in Brussels with six Member States (Romania, Hungary, Czech, Italy, Sweden and Greece) that issued “reasoned opinions”, which activated a three -month break in the Tris procedure and forced Spain to respond with additional changes or justifications. The tris official tab confirms those objections. The CNMC, meanwhile, endorses to strengthen prevention, but asks “more empirical evidence” and proportionality before imposing general restrictions.
The discussion is no longer whether smoking is harmful (it is), but what combination of tools reduces smoking faster. In the United Kingdom, the public health system has consolidated a damage reduction strategy, as the NHS remembers that the vapeo “is only a fraction of the risks of smoking” and considers it one of the most effective roads to leave tobacco in adults, with clear reserves for minors and not smokers. The last Cochrane review with a high level of certainty concludes that electronic cigarettes with nicotine increase abandonment rates against traditional patches or gum.
Sweden plan to quit smoking
The Swedish approach abounds in that line, because with a strict regulation and less harmful alternatives available, Sweden already records a prevalence of daily smokers of 5.4% (population 16-84 years), the lowest in the EU according to its public health agency. It is a relevant milestone for a country that opened the door to cigarette substitutes, with access control policies to minors and taxation, but without closing all the step to lower -risk products for adults.
The internal front is not less. The CNMC has questioned that some measures of the parallel decree (such as the generic packaging, the prohibition of flavors or the cap of 0.99 mg per nicotine bag) are sufficiently supported and has asked to calibrate its impact on competition and consumers. In addition, the hospitality sector fears economic damage to a key space of socialization and employment. An independent survey for hospitality in Spain (40DB, 1,659 interviews) suggests that around 70% of citizens prefer awareness and support to quit smoking to a direct prohibition on terraces.
As the epidemiologists remember, the priority is to protect vulnerable minors and groups and denform the smoke in shared spaces. But that objective does not require making the ban on the only way. British evidence and independent reviews indicate that facilitating regulated access to less harmful alternatives, along with health support, works better to leave tobacco than closing all doors at the same time.