Law 7/2012, on 17 may, of protection against environmental passive smoking since the General Council in its session of May 17, 2012 has approved the following: exhibition of illustrations and the negative effects on the health of the people by tobacco consumption are recognized by the international scientific community. The gravity of these consequences has led the World Health Organization (who) to qualify as a smoking epidemic and to establish among the early leaders fixed in its Convention for the fight against this epidemic-the need for a strong political commitment that involves the adoption of measures to protect all individuals against exposure to tobacco smoke.
The environmental passive smoking is not as a nuisance, but constitutes a major health risk for those who are exposed. In this sense, the protection of health-law recognized in article 30 of the Constitution-justify the adoption of specific measures of a legal nature to fight effectively against the environmental passive smoking.
In 1991, two years after the entry into force of the general law of health and following the recommendations of this, the Government approved the Decree regulating the consumption and the sale of tobacco in certain circumstances, in which it declared the tobacco and its derivatives as a noxious substance for the health of the people and established the prohibition of consuming tobacco in certain areas of public access. This rule was replaced, in 2004, by the regulation by which regulate certain aspects of the sale and consumption of tobacco products, which expands and concrete provisions of that Decree, particularly with regard to the limitations relating to the spaces in which you can not quit.
With this law takes it a step further: it gives a higher rank to the regulations and will complement the provisions that establish the protection of people against environmental passive smoking. With their provisions, passive exposure to tobacco smoke-that can take place in homes and other private areas, in the workplace or in public places closed-is limited in relation to certain working areas and public places closed. The law recognises the right of people not to be exposed to tobacco smoke against their will and, therefore, are guaranteed their right to not have to suffer the health risks inherent in the inhalation of tobacco smoke issued by third parties.
Formally the law is structured in seven articles and two final provisions. In addition to specifying the object of the law and fix the places where smoking is prohibited, the articles also holds determines the main smoking rooms, the requirements and the types of infringements and the corresponding sanctions.
Article 1 Purpose 1. The object of this law is to ensure people not smokers an effective protection against fumes emitted by the combustion of any tobacco product in enclosed spaces of public access and in the working environment group.
2. For the purpose of this law is meant for:-Tobacco Product: any substance or manufactured composed wholly or partly of tobacco, including tobacco leaves and/or concentrations of tobacco.
-Smoking: consume fumes of combustion or sustain combustion in any tobacco product directly or by means of tools intended for that purpose.
-passive: person who voluntarily, without smoking, inhale tobacco smoke.
-public buildings: the estate covered and their Appendices, even if they are not covered, as well as the facilities and equipment of the civil and parapublic entities including the areas not intended for the public, with the exception of parks and gardens in areas not intended for minors.
-Private Establishments: areas of common use and those of access to the public of property covered and annexes covered, with the exception of the terraces, as well as the facilities and equipment covered in people or private entities where you develop a commercial, industrial or service activities, as well as the sports facilities even if they are not covered and the cultural and leisure facilities not covered If the latter is allowed access to minors.
-areas of work: the working spaces that are closed to the public.
-collective means of transport: taxis, trucks, buses, helicopters, elevators and lifts, funiculars and cable cars and any other medium that serves to transport people collectively, with the exception of means of transport for private use.
Article 2 the places where smoking is prohibited 1. Smoking is prohibited in public buildings, in the collective means of transport of passengers and the individuals of the public or parapublic entities, in private establishments and in the work areas.
In title indicative smoking is not allowed in the following sites: in health and social establishments and Centres), including outdoor spaces that are part of the centre or establishment.
b) schools irrespective of the age of the students and for the purpose of teaching or training activities could be developed.
c) kindergartens and recreation centers for children.
d) restricted zones of the playgrounds, game areas for children and children's shows.
e) social care Centres.
f) establishments public administration and company, including all spaces and equipment or vehicles reporting to or are their property.
g) Vehicles of public transport of passengers.
h) sports facilities.
reading and Spaces) and exposure.
j) Conference Centres, cinemas, theatres and venues of entertainment.
k) areas of public access in hotels, pubs, discos and night clubs.
the Local food is consumed or sold on), including those parts of the service of drinks and foods that are located inside of other centres, establishments or places of public use where smoking is not allowed.
m) public service offices.
n) Stores and shopping centers.
or Local capacity, store, where) transform, alter or prepare food.
p) rooms and public spaces, including corridors, staircases, reception areas and other areas that may be of use or community group.
q) elevators and lifts.
r) telephones and automated teller machines closed.
s) labour non-closed Spaces public access.
2. Are exempt from this ban:
in) smoking rooms of the centres of detention and deprivation of liberty, of the mental health centres, residences for the disabled and nursing homes that, for various reasons, they have to be able to have the possibility of quitting.
b) smoking rooms of private establishments and private work areas.
3. in case of conflict the right always prevails in the health of non-smokers on the rights of smokers.
Article 3 Signage in the centres, establishments or places referred to in the previous article, the owners, managers or heads of the same you have to place the necessary signs, that are provided by the Ministry responsible for health, indicating clearly the smoking ban.
Article 4 Smoking Rooms 1. These halls are determined by the owner of the building or of the private property, taking into account its surface, its volume, its layout, its conditions of use, aeration and ventilation and the need to ensure the protection of the non-smokers and must meet at least the following requirements: a) find themselves separated physically from the other offices of the building or property.
b) does not constitute a step area for non-smokers.
c) to have an independent and sufficient ventilation system or other mechanisms that guarantee the removal of fumes and not spread out of the smoking room.
The Government must be determined according to these criteria and you can verify at all times adapting to them as well as the fulfilment of the principle of protection of non-smokers, smoking in the rooms of the buildings envisaged in paragraph (2). a) of article 2 and of private establishments that have.
2. Faced with the impossibility of complying with the regulatory criteria that may be established, you have to convert the entire building public or private establishment in a smoke-free space.
3. In the smoking rooms do not can lend no service and other prohibited the presence of children under the age of 18.
Article 5 Offences and sanctioning infringements established in the present Law will typify as a minor, serious and very serious.
1. Are minor offences and sanctioning with fine of 30 € to 500 €: in) smoking in places where it is forbidden to do so.
2. Are serious offences and sanctioning with fine of 500 € up to 3,000 €: a) Enable rooms for smokers who do not meet the requirements established by the regulations.
b) does not make a proper use and maintenance of the rooms for smokers.
c) does not mark correctly the areas where smoking is prohibited.
d) does not correctly signal the rooms for smokers.
e) Tolerate the presence of lit tobacco in areas where smoking is prohibited, by the holder, the person in charge of or responsible for the space.
f) Provide any service in the rooms for smokers.
3. Are very serious offences and sanctioning with fine of 3,000 € to 10,000 €: to) quit smoking deliberately in areas where smoking is prohibited, by the holder, the person in charge of or responsible for the space.
b) Tolerate the presence of children under the age of 18 in the rooms for smokers, on the part of the holder, the person in charge of or responsible for the space.
The amount of the penalty established for each of the above offences is fixed according to the risk to health, the intentionality, the severity of the health and social disturbance produced, the generalization of the infraction, and recidivism.
Article 6 Limitations 1. The minor offences prescribed in the period of six months, the serious in two years and the very serious in four years, counting from the date on which the termination is the action or omission punishable. The period of prescription is interrupted with the opening of the corresponding sanctions.
2. The penalties prescribed in three years. The prescription term will be counted from the date on which the sanctions have become firm.
Control Bodies article 7 sanctions are imposed on the natural or legal person who has committed the infringement by the Ministry in charge of health, upon instruction of a sanctioning administrative record that is sent by the competent service in the area of health, notwithstanding that the complaint that gives rise to the opening of the transcript is filed by any other inspection service of the public administration or private initiative. In the latter case, the other person required to be identified.
All the inspection services of the public administration are required to report any infringement to observe in this law by the competent service in the field of health surveillance as well as to collaborate with this service in everything that they may require, in particular for the instruction of administrative sanctioning.
First final provision the Government must publish the regulations necessary for the implementation of this law within a maximum period of three months from its publication in the official bulletin of the Principality of Andorra.
Second final provision this law enters into force fifteen days after its publication in the official bulletin of the Principality of Andorra, with the exception of the smoking ban in private establishments and private work areas, which comes into force at the end of 6 months from the date of publication of the present law.
Casa de la Vall, 17 may 2012 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília Bishop of Urgell Co-prince of Andorra