JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

Reason exposure

I

In Spain, as in other developed countries, smoking is the first isolated cause of preventable mortality and morbidity. The scientific evidence on the risks associated with tobacco consumption for the health of the population is conclusive.

It is estimated, according to data from the World Health Organization (WHO), that tobacco use is responsible for 90 percent of lung cancer mortality, 95 percent of deaths from lung disease. Chronic obstructive, 50 percent of cardiovascular mortality and 30 percent of deaths that occur from any type of cancer. In Spain, a number of people representing 16 percent of all deaths in the population over the age of thirty-five years die every year as a result of tobacco consumption. There is also scientific evidence that tobacco smoke in the environment (passive or involuntary consumption of tobacco) is a cause of mortality, disease and disability. The WHO's International Agency for Cancer Research has determined that exposure to air contaminated with tobacco smoke is carcinogenic in humans.

The consumption of tobacco, as a determining factor of different pathologies and as a known cause of death and important social and health problems, is one of the main problems for public health; hence, the the need to implement measures aimed at preventing them, limiting their supply and demand and regulating their advertising, promotion and sponsorship.

These measures should be in total in line with the actions foreseen in the European Strategy for the Control of Smoking 2002 in the European Region and with the WHO Framework Convention for Tobacco Control, made in Geneva. on 21 May 2003 and ratified by Spain on 30 December 2004.

The European Union has also been concerned about the phenomenon of smoking, which it has sought to combat through different regulatory measures, including the adoption of Directive 2003 /33/EC of the European Parliament. and the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products, Directive which, by means of this Law, is incorporated into our order.

The Spanish Constitution recognizes in its article 43 the right to health protection, and entrusts in its paragraph 2 to the public authorities the organization and protection of public health through preventive measures. In order to contribute to the effectiveness of this right, Law 14/1986 of 25 April, General of Health, established the obligation of public health administrations to direct their actions as a priority to the promotion of health and prevention of diseases, to avoid activities and products which, directly or indirectly, can have negative health consequences and regulate their advertising and commercial propaganda.

In the field of existing legislation on general aspects of tobacco, it is clear that it is dispersed and asistematic. Thus, without regard to completeness, the Royal Decree 192/1988 of 4 March 1988 and its subsequent amendment, operated by Royal Decree 1293/1999 of 23 July 1999 on restrictions on the sale and use of tobacco for the protection of the health of the population; Royal Decree 510/1992 of 14 May 1992 on the labelling of tobacco products and certain restrictions on commercial aircraft; Royal Decree 1185/1994 of 3 June 1994 on labelling for tobacco products other than cigarettes and for which certain oral tobacco products are prohibited and the system of penalties for tobacco is updated; Royal Decree 1079/2002 of 18 October 2002 regulating the maximum levels of nicotine, tar and carbon monoxide of cigarettes, the labelling of tobacco products In the case of tobacco, as well as measures relating to ingredients and designations of tobacco products, and Royal Decree 2198/2004 of 25 November, determining the groups to which cohesion policies are addressed for the purposes of their Financing by the Health Cohesion Fund during the financial year 2004. The current legislation also addresses the regulation of the advertising aspects of the tobacco phenomenon, although it prohibits only television advertising. The present regulation is basically contained in Law 34/1988 of 11 November, General of Publicity, and 25/1994 of 12 July, which incorporates Directive 89 /552/EEC on the coordination of the laws of the Spanish laws, regulations and administrative provisions of the Member States relating to the pursuit of television broadcasting activities, as well as in Law 22/1999 of 7 June 1999 amending the former.

In the area of autonomy, in the light of the statutory powers in the field of public health, the need to deal with the regulation of these issues was felt very soon; suffice to mention, for example, the Law of The Autonomous Community of Catalonia 20/1985, of July 25, of prevention and assistance in the field of substances that can generate dependence. Today, it can be said that the whole of the Autonomous Communities has legislated, either by approving specific rules on tobacco, as in the case of Galicia with Decree 75/2001, of 22 March, on sanitary control of advertising, promotion, the supply, sale and consumption of tobacco products, and of the Community of Navarra, with the approval of the Law Foral 6/2003, of 14 February, of prevention of tobacco consumption, of protection of breathable air and of the promotion of health in In the case of tobacco, in the context of wider regulations, which are generally linked to Drug dependency and other addictive disorders, in the case of the other Autonomous Communities: Andalusia, Aragon, Canary Islands, Cantabria, Castilla-La Mancha, Castilla y León, Catalonia, Extremadura, Madrid, Murcia, La Rioja, Comunidad Valenciana and Basque Country.

The above considerations make it necessary to adopt new measures in a double direction. On the one hand, those that affect consumption and sales, with the increase of smokeless spaces, the limitation of the availability and accessibility of tobacco products, especially to the younger ones and the guarantee that the right of the Non-smoking population to breathe air not contaminated by tobacco smoke prevails over that of smokers. It is appropriate and necessary to introduce new measures for the sale and consumption of tobacco to address the limitations and shortcomings of existing legislation than the passage of time, progressive scientific evidence, increased awareness and Social awareness and the proliferation and diversification of strategies for the sale and promotion of tobacco products have shown.

On the other hand, measures concerning the advertising and promotion of tobacco products, whether direct or indirect, and the sponsorship of different activities, have a proven influence on personal conduct and the social habits, which are why they become a clear element of induction and promotion of their consumption, especially in the field of children and youth; therefore it is necessary to have a limited impact on all kinds and means of advertising, are printed, radio, television, electronic or cinematographic.

The adoption of the proposed measures is also necessary to offer the support and regulatory coverage to the educational, preventive and care interventions developed in the State as a whole. From this angle, there is also evidence of the need for a legal basis to facilitate the existence and effectiveness of these interventions, especially in the children's and youth population, the main sector of the population to which the regulation of tobacco products.

While the establishment of smokeless spaces is a priority action for health protection for the general population, it is to a greater extent in the case of minors. It is important to note the importance of the role of teachers and health professionals in their educational, awareness raising, awareness and prevention work, promoting ways of life without tobacco.

With the same aim, the prohibition of direct and indirect advertising and the sponsorship of tobacco products, represents one of the main measures of protection, aimed at children and youth, and puts manifest the responsibility of public authorities, by limiting the access and availability of a product, which generates addiction, disability, disease and death.

It is not possible to ignore, moreover, that the phenomenon of smoking does not manifest equally in men and women. Clear differences have been observed both in the causes that induce the onset of consumption, in the same patterns of consumption, in the maintenance of addiction, in the response to treatments, in the difficulty of abandonment and in the rates of relapse, and the greatest negative impact on women's health is evident.

This is why we need to look at the gender perspective in each and every strategy that is developed for the approach of smoking, in order to eliminate those factors that lead to a situation unequal opportunities to enjoy health, disability, or death from preventable causes.

On the other hand, the interaction with the special physiology of women and reproductive processes adds specific risks to them. Several decades ago, it is known that nicotine and carbon monoxide during pregnancy are responsible for a higher propensity for miscarriage and perinatal mortality, as well as a weight reduction in the newborn. Exposure of pregnant women as a passive smoker to tobacco smoke present in the environment causes harmfulness to the fetus.

For all the above, and taking into account the regulation and the normative range of the aforementioned provisions, it is advisable to promulgate a general rule that systematizes the regulation and whose rank is appropriate to the intended purpose, for which the form of law has been chosen.

II

The Law is articulated in five chapters, dedicated respectively to the regulation of general provisions, limitations on the sale, supply and consumption of tobacco products, the regulation of their advertising, promotion and sponsorship, measures to prevent smoking, to promote the health and facilitation of smoking cessation, as well as the regime of infringements and penalties.

Chapter I enshrines the general provisions, delimits the object and clarifies, in the form of definitions, the fundamental concepts contained in the Law.

Chapter II regulates restrictions on the sale, supply and consumption of tobacco products. As for the limitations of the sale and supply, the Law, in perfect agreement with the regulations that discipline the market of tobacco, provides that the sale and supply to the retail of tobacco products can only be realized in the net of Tobacco and doorbell vending machines, or through vending machines that have the appropriate administrative authorizations, so that it is expressly prohibited in any other place or environment.

In addition, it is prohibited to sell or deliver to persons under eighteen years of age tobacco products, as well as any other products that mimic and induce smoking. The sale of tobacco by persons under the age of 18 is also prohibited. In any case, the sale and supply in certain places, such as centres and dependencies of public administrations and public law entities, health centres or social services and their offices, centres, centres, centres and centres teachers, cultural centres, sports centres and facilities, centres of care and leisure for minors, as well as any other place, centre or establishment where their consumption is prohibited.

In terms of limitations on consumption, the Law is part of the distinction between places where the total prohibition of smoking is established and places where smoking is prohibited, but the enabling of smoking zones is permitted, always certain requirements, such as appropriate signage, physical separation from the rest of the dependencies and the allocation of independent ventilation systems, are met.

Chapter III incorporates into our legislation Directive 2003 /33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the Member States in the field of advertising and sponsorship of tobacco products.

The Law is not limited, however, to the mere transposition of the Community legislation, but also regulates the prohibition of the free or promotional distribution of products, goods or services or any other action whose direct or indirect direct or indirect effect, principal or secondary, is the promotion of a tobacco product, as well as that of any kind of advertising, promotion and sponsorship of tobacco products in all media, including the services of the information society, although with certain exceptions.

This chapter is complete with rules on common denominations, an expression that identifies names, marks, symbols or any other distinctive signs that are used for tobacco products and, at the same time, for other goods or services and which have been marketed or offered by the same undertaking or group of undertakings prior to the entry into force of the Law.

Chapter IV incorporates smoking prevention measures by promoting health education and health information actions.

It also includes the promotion of programs for smoking cessation in the health care network of the National Health System.

The Observatory for the Prevention of Smoking is created, as well as the necessary coordination measures within the Interterritorial Council of the National Health System for the best compliance with the Law.

The Law is completed with a precise regime of violations and sanctions in Chapter V, in which, in addition to criminalizing the corresponding conduct contrary to the norm and assigning them the respective sanctioning reproach, they are identified those responsible, including in the case of offences committed by minors, and clearly delimit the sanctioning powers.

All these measures, framed in the context of public health policies that public administrations must promote, can be complemented by smoking prevention and control programs.

CHAPTER I

General provisions

Article 1. Object.

This Act is intended to:

(a) to establish, on a basic basis, the limitations, in the case of retail operations, in the sale, supply and consumption of tobacco products, as well as to regulate advertising, promotion and sponsorship of tobacco products; such products, to protect the health of the population.

b) Promote the necessary mechanisms for the prevention and control of smoking.

Article 2. Definitions.

For the purposes of this Act, it is understood by:

(a) Tobacco products: those intended to be smoked, inhaled, sucked or chewed, which are made up, if only in part, by tobacco.

(b) Advertising: any form of communication, recommendation or commercial action whose objective or direct or indirect effect is the promotion of a tobacco product or the use of tobacco, including advertising which, without mentioning directly a tobacco product, try to circumvent the advertising ban using names, brands, symbols or other distinctive elements of tobacco products.

c) Sponsorship: any kind of contribution, public or private, to an event, an activity or an individual whose objective or direct or indirect effect is the promotion of a tobacco product or the use of tobacco.

d) Promotion: any encouragement of the demand for tobacco products, such as advertisements, advertising and special acts, among others, aimed at attracting attention and raising the interest of consumers.

CHAPTER II

Limitations on the sale, supply and consumption of tobacco products

Article 3. Sale and supply of tobacco products.

1. The retail sale and supply of tobacco products may only be carried out on the tobacco and stamp vending network or through vending machines, located in establishments which have the appropriate administrative authorisations, for sale by machines, and is expressly prohibited in any other place or medium.

2. It is prohibited to sell or deliver to persons under eighteen years of age tobacco products, as well as any other products which imitate and induce smoking. In particular, the sale of sweets, snacks, toys and other items of tobacco products and may be attractive to minors is prohibited. Tobacco sales by persons under the age of 18 are also prohibited.

The packaging of tobacco products should include an express reference to the prohibition of their sale to children under the age of eighteen.

3. In all the establishments in which the sale and supply of tobacco products is authorized, posters shall be installed in place which, in accordance with the characteristics of the autonomous rules in their respective field, shall be installed. Report, in Spanish and in the official languages, on the ban on the sale of tobacco to children under the age of 18 and warn of the harm to health arising from the use of tobacco. In such establishments, all purchasing persons shall be required, unless it is evident that they are of age, to prove that age by means of an official value document.

4. The placing on the market, sale and supply of cigarettes and cigarillos not fitted with a natural layer in loose units or packings of less than 20 units is prohibited.

5. The delivery, supply or distribution of samples of any tobacco product, whether or not free of charge, and the sale of discounted tobacco products are prohibited in the exercise of a commercial or business activity.

It is presumed that the delivery, supply or distribution of samples takes place in the exercise of a commercial or business activity when performed directly by the manufacturer, producer, distributor, importer or seller.

6. The sale and supply of tobacco products shall be prohibited by any other method other than direct personal sale or through vending machines which shall be subject to the conditions set out in the following Article. The sale or retail supply of tobacco products in an indirect or non-personal manner is expressly prohibited, by means of distance selling or similar procedures.

Article 4. Sale and supply through vending machines.

Sale and supply through vending machines will be performed according to the following conditions:

(a) Use: The use of vending machines for tobacco products is prohibited for children under eighteen years of age.

(b) Location: Vending machines for tobacco products may only be located within the premises, centres or establishments in which smoking is not prohibited, as well as in those referred to in points (b), (c) (d) in Article 8.1. in a location which permits direct and permanent surveillance of its use by the holder of the premises or its employees. They may not be located in the areas annexed or prior to access to the premises, such as the areas of lawnmowers, porches, porches, corridors of shopping centres, dressing rooms, distributors, staircases, support or similar places which may be a part of of a building but do not properly constitute the interior of the building.

(c) Health warning: on the front surface of the machines, it will be clearly and clearly visible in Spanish and in the co-official languages of the Autonomous Communities, a health warning on the damage to the health arising from the use of tobacco, in particular for minors, in accordance with the characteristics of the autonomous rules in their respective territorial scope.

(d) Characteristics: to ensure the correct use of these machines, they must incorporate appropriate technical mechanisms to prevent access to minors.

e) Incompatibility: other products other than tobacco may not be supplied on these machines.

(f) Registration: the vending machines for tobacco products shall be entered in a special register managed by the Commissioner for the Tabacos Market.

Article 5. Prohibition of sale and supply in certain places.

Without prejudice to the foregoing articles, the sale and supply of tobacco products shall be prohibited in the following places:

a) Centers and dependencies of public administrations and public law entities.

b) Healthcare or social services centers and their dependencies.

c) Teaching centres, regardless of the age of pupils and the type of teaching.

d) Cultural centers.

e) Sports facilities and facilities.

f) Centers for care and leisure and recreation of minors.

g) Any other place, centre or establishment where its consumption is prohibited, as well as in the outdoor spaces referred to in Article 7.

(h) Where smoking is permitted, tobacco may not be sold, except in the case provided for in Article 8.1 (b), (c) and (d), in which it may be sold through vending machines. duly authorized.

Article 6. Limitations on the consumption of tobacco products.

The consumption of tobacco products should be made exclusively in those places or spaces where it is not totally prohibited or in those specially enabled for it. For these purposes, it is distinguished between the places where smoking is totally prohibited and those in which smoking is permitted, despite this prohibition, in areas where smoking is permitted.

Article 7. Total smoking ban.

All smoking is prohibited, in addition to those places or spaces defined in the regulations of the Autonomous Communities, in:

a) Public and private work centers, except in outdoor spaces.

b) Centers and dependencies of public administrations and public law entities.

c) Centers, services, or health facilities.

d) Teaching and training centres, regardless of the age of pupils and the type of education.

e) Sports facilities and places where public spectacles are developed, provided they are not outdoors.

f) Areas for direct attention to the public.

g) Shopping centers, including large surfaces and galleries, except in outdoor spaces. In the case of bars, restaurants and other catering and catering establishments situated within and apart from the rest of their premises, smoking shall not be permitted, irrespective of their surface area, unless smoking zones are provided, with what is established in this Law.

h) Social care centers for children under the age of eighteen.

i) Leisure or leisure centres, where access to children under the age of eighteen is permitted, except in outdoor spaces.

j) Cultural centers, reading rooms, exhibition, library, conferences and museums.

k) "Party rooms" or "public use" rooms in general, during the time or time interval in which the entry is permitted for children under the age of eighteen.

l) Areas or establishments where they are developed, transformed, prepared, tasted or sold food.

m) Lifts and elevators.

n) Telephone horses, ATM enclosures, and other small public use spaces.

It is understood by small size public space that does not occupy an extension of more than five square meters.

n) Vehicles or means of urban and interurban collective transport, vehicles of transport of enterprises, taxis, ambulances, funicular and cable cars.

o) All spaces of the suburban transport (wagons, platforms, corridors, staircases, stations, etc.), except for spaces that are completely outdoors.

p) Means of rail and sea transport, except in outdoor spaces.

q) Aircraft with origin and destination on national territory and on all flights of Spanish air carriers, including those shared with flights of foreign companies.

r) Service stations and the like.

s) In any other place where, by mandate of this Act or other rule or by decision of its holder, smoking is prohibited.

Article 8. Enabling smoking zones.

1. Smoking is prohibited, although smoking zones are permitted in the following spaces or places:

a) Social care centers.

b) Hotels, hostels and similar establishments.

(c) Bars, restaurants and other closed catering establishments, with a useful surface for customers or visitors equal to or greater than one hundred square metres, except where they are located inside or outside centres; dependencies on which smoking is prohibited in accordance with the provisions of Article 7.

(d) Party rooms, gambling establishments, or in general public use, during the time or interval in which the entry is not permitted for less than eighteen years, except in outdoor spaces.

e) Theaters, cinema and other public shows held in enclosed spaces. In such cases, the location of the smoking area must be located outside the representation or projection rooms.

f) Airports.

g) Bus stations.

h) Sea and rail transport stations.

i) In any other place where, without a smoking ban, your holder so decides.

j) Anywhere or space permitted by the regulations of the Autonomous Communities, outside of the assumptions listed in Article 7.

2. Smoking zones may be provided only in the places referred to in the preceding paragraph, provided that they meet at least the following requirements:

(a) They must be duly and visibly signposted, in Spanish and in the official language, with the requirements required by the corresponding autonomic rules.

(b) They must be physically separated from the rest of the premises of the centre or entity and completely compartmentalised, and must not be a compulsory area for non-smoking persons, unless they have the status of workers in those who are older than sixteen years.

c) They must have independent ventilation systems or other devices or mechanisms to ensure the removal of fumes.

(d) In any case, the area of the area shall be less than 10% of the total for customers or visitors to the centre or establishment, except in the cases referred to in points (b), (c) and (d) of the (b) the above paragraph, which may be used for up to 30% of the common areas for smoking persons. In no case shall the set of smoking-enabled areas in each of the spaces or places referred to in paragraph 1 of this Article have a surface area of more than three hundred square metres.

In the places designated in paragraph 1 (b) of this article, up to 30 percent of rooms for smoking guests may be reserved.

e) In the establishments in which two activities, separated in space, are carried out, of those listed in this article, the useful surface shall be computed for each of them independently, excluding from the computation common and transit areas, in which, in no case, tobacco consumption will be permitted.

In all cases where it is not possible to provide these areas with the required requirements, the smoking ban will be maintained throughout the space.

3. In the smoking-enabled areas of the establishments referred to in this Article, the presence of children under 16 years of age shall not be permitted.

CHAPTER III

Regulation of the advertising, promotion and sponsorship of tobacco products

Article 9. Limitations of advertising, promotion and sponsorship of tobacco products.

1. The sponsorship of tobacco products, as well as all kinds of advertising, and the promotion of such products in all media and media, including vending machines and the services of the information society, shall be prohibited. the following exceptions:

(a) Publications intended exclusively for professionals involved in the trade in tobacco.

b) The presentations of tobacco products to professionals in the sector under Law 13/1998, of 4 May, of market management of tobacco and tax regulations, as well as the promotion of such products in the Tobacco and stamp duty of the State, provided that it is not intended for minors and does not involve the free distribution of tobacco or goods and services related exclusively to tobacco products or to smoking. or bearing names, marks, symbols or any other distinguishing signs which are used for tobacco products. In any event, the value or price of the goods or services referred to above shall not exceed five per cent of the price of the tobacco products intended to be promoted.

In no case shall such activities be carried out on storefronts or spread outside such establishments, or be directed outside.

(c) Publications containing advertising of tobacco products, published or printed in countries which are not part of the European Union, provided that such publications are not primarily intended for the Community market, unless they are primarily aimed at minors.

2. The free distribution or promotional distribution of products, goods or services or any other action, the objective or direct or indirect effect of which is the principal or secondary, is prohibited outside the network of tobacco and stamp of the State. promotion of a tobacco product.

Article 10. Rules applicable to common denominations.

The use of names, marks, symbols or any other distinctive signs that are used to identify tobacco products and, at the same time, other goods or services and be marketed shall be prohibited. or offered by the same company or group of companies.

To that end, undertakings constituting a unit of decision shall be considered to be members of the same group, because some of them may exercise or may exercise, directly or indirectly, the control of other undertakings, or because such control corresponds to one or more natural persons acting systematically in concert. It shall be presumed that there is, in any case, a decision-making unit where one of the cases referred to in Article 42 (1) of the Trade Code and Article 4 of the Law 24/1988 of 28 July of the Stock Market is concerned.

CHAPTER IV

Measures for the prevention of smoking, health promotion and the facilitation of smoking cessation.

Article 11. Actions and programs.

The competent public administrations will promote directly and in collaboration with scientific societies, social agents and non-governmental organizations, actions and programs of health education, information health and prevention of smoking.

Article 12. Of the smoking cessation programmes.

The competent public administrations will promote the development of health programs for smoking cessation in the healthcare network, especially in primary care. In addition, programmes to promote the abandonment of tobacco consumption in educational institutions, health centres, workplaces and sports and leisure environments will be promoted. The creation of smoking cessation units will be enhanced and promoted within the Interterritorial Council of the National Health System.

Article 13. Adoption of measures.

The adoption of the measures referred to in this chapter will address, in particular, the gender perspective and social inequalities. The competent public authorities shall also promote the measures necessary for the protection of the health and education of minors, in order to prevent and prevent the onset of consumption and to assist them in the abandonment of the dependency. The implementation of action programmes in children's paediatric care with specific information for the smoking parents and campaigns on the harm that exposure to smoke causes in children will be enhanced.

Article 14. Criteria and protocols of smoking prevention and control units.

The Ministry of Health and Consumer Affairs will establish, in coordination with the Autonomous Communities and the corresponding scientific societies, the criteria and defining protocols of the prevention and control units of the smoking.

Article 15. Collaboration of the public authorities.

In accordance with the objectives of this Law, the Government, in collaboration with the Autonomous Communities, and within the Interterritorial Council of the National Health System, will propose initiatives, programs and activities to develop for the best implementation of this Law and coordinate cross-sectoral and inter-territorial actions.

Article 16. From the Observatory for the Prevention of Smoking.

It will be created within the Ministry of Health and Consumer Affairs, and in collaboration with the Autonomous Communities, scientific societies, consumer associations and non-governmental organizations, the Observatory for the Prevention of Smoking. Its functions, among others, will be:

1) Propose the initiatives, programs and activities to be undertaken to achieve the objectives of the Law.

2) Set targets for reducing the prevalence of smoking.

3) Develop an annual report on the situation, implementation, results and compliance with this Law.

Article 17. The fate of the sanctions imposed.

The competent authorities may allocate all or part of the amounts for the collection of penalties, as set out in this Law, for the development of research, education, prevention, control of smoking and facilitation of smoking cessation.

CHAPTER V

Violations and Sanctions Regime

Article 18. General provisions.

1. The sanctioning power regulated in this Law shall be exercised, in everything not provided for in it, in accordance with the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Administrative Procedure Common, and in Law 14/1986, of 25 April, General of Health, all without prejudice to the civil, criminal or other responsibilities that may be present.

2. In the case of penalties for serious or very serious infringements, it may be adopted, in accordance with Law No 30/1992 of 26 November 1992, on the legal system of public administrations and the common administrative procedure, and their rules of and without prejudice to those which may lay down the rules of the Autonomous Communities, the provisional measures provided for in those rules which are deemed necessary to ensure the effectiveness of the judgment which is definitively dictate, the good end of the procedure, to avoid the maintenance of the effects of the infringement and the requirements of the general interest. In particular, the following may be agreed:

(a) In the case of very serious infringements, the temporary suspension of the activity of the infringer and, where appropriate, the provisional closure of its establishments.

b) The seal, deposit or seizure of tobacco products.

(c) The seal, the deposit or the seizure of records, media and computer files and documents in general, as well as computer equipment and equipment of all kinds.

(d) To warn the public of the existence of possible infringing conduct and the opening of the sanctioning file in question, as well as of the measures taken to cease such conduct.

In the adoption and enforcement of such measures, the guarantees, rules and procedures provided for in the legal order to protect personal and family privacy rights, to protection, will be respected. of personal data, freedom of expression or freedom of information, where such data may be affected.

In cases of urgency and for the immediate protection of the interests involved, the provisional measures provided for in this article may be agreed upon prior to the initiation of the sanctioning file. The measures must be confirmed, modified or lifted in the agreement initiating the procedure, which must be carried out within 15 days of its adoption, which may be the subject of the action. In any event, such measures shall be without effect if the sanctioning procedure is not initiated within that period or where the initiation agreement does not contain an express statement on those measures. The administrative body responsible for resolving the sanctioning procedure may impose periodic penalty payments in the amount not exceeding EUR 6 000 for each day that elapses without complying with the provisional measures that would have been agreed.

3. Very serious infringements will be prescribed at three years; the serious ones, at two years, and the mild ones, at six months. Penalties imposed for very serious offences shall be imposed at three years of age; those imposed for serious misconduct, at two years of age, and those imposed for minor offences, per year.

Article 19. Violations.

1. Breaches of the provisions of this Law are classified as minor, serious and very serious.

2. Minor infringements shall be considered:

a) Smoking in places where there is a total ban or outside of the zones eligible for the effect.

(b) Not to provide or not to disclose in a visible place in establishments where the sale of tobacco products is authorised by the cartels informing of the prohibition on the sale of tobacco to those under the age of 18 and on the harm to health arising from the use of tobacco.

c) That the vending machines do not have the mandatory health warning or do not comply with the legally required characteristics.

d) Not to report on the entry of the establishments of the prohibition or non-smoking, as well as the existence of smoking and non-smoking zones or not to comply with the other formal obligations to which it refers Law.

e) Not signalizing smoking-enabled zones.

f) The sale or marketing of tobacco products by minors.

3. Serious infringements shall be considered:

(a) Enable smoking zones in establishments and places where their enablement is not permitted or that those areas do not meet the requirements for separation of other legally required areas, ventilation and surface areas.

b) Allow smoking in places where there is a total ban, or outside of the areas eligible for smoking.

(c) The accumulation of three infringements of those provided for in paragraph 2.a) of this Article.

d) The marketing, sale and supply of cigarettes and cigarillos not provided with a natural layer in sales packing units of less than 20 units, as well as individual units.

e) The sale and supply of cigars and cigarillos provided with natural layer by units in those places where this is not permitted.

f) Delivery or distribution of samples of any tobacco product, whether or not free.

g) The installation or placement of vending machines for tobacco products in places expressly prohibited.

h) Supply or dispensing through tobacco vending machines of products other than tobacco.

i) The sale and supply of tobacco products by distance selling or similar procedures, except for sale through vending machines.

(j) Free or promotional distribution, outside the network of tobacco and state timbre vending machines, of products, goods or services for the purpose or direct or indirect effect of promoting a tobacco product.

k) The sale of discounted tobacco products.

l) The sale or delivery to persons under eighteen years of tobacco products or products that imitate tobacco products and induce smoking, as well as sweets, snacks, toys and other objects that have a form of tobacco products and may be attractive to minors.

m) Allow children under eighteen years of age to use tobacco vending machines.

n) That the vending machines do not have the appropriate activation or start-up mechanism by the establishment holder.

n) Free or promotional distribution of products, goods or services for the purpose or direct or indirect effect of promoting a tobacco product to children under eighteen years of age.

o) The placing on the market of goods or services using names, marks, symbols or other distinctive signs already used for a tobacco product under conditions other than those permitted in Article 10 and in the provision Second transient.

p) The marketing of tobacco products using the name, brand, symbol or any other distinctive sign of any other good or service under conditions other than those permitted in this Law.

q) The sale, sale or supply of tobacco products in violation of other prohibitions or limitations established in this Law.

r) Free distribution in the tobacco and stamp of the State of goods and services related exclusively to tobacco products or smoking habits or to be carried out with names, marks, symbols or any other distinguishing signs that are used for tobacco products.

4. The advertising, promotion and sponsorship of tobacco products in all media, including the services of the information society, are very serious infringements, except for the cases provided for in Article 9.1.

Article 20. Penalties.

1. The minor offences referred to in Article 19.2.a) shall be fined up to EUR 30 if the offending conduct is carried out in isolation, and with a fine of EUR 30 up to EUR 600 in other cases; the serious ones, with a fine of EUR 601 up to 10,000 euros, and the very serious, from 10,001 euros to 600,000 euros.

2. The amount of the penalty imposed, within the limits indicated, shall be graduated taking into account the risk generated for the health, the economic capacity of the infringer, the social impact of the infringement, the benefit it has reported to the (a) infringement of the sanctioned conduct and the prior commission of one or more infringements of this Law. The penalties shall be divided, within each category, into three degrees, minimum, medium and maximum. Penalties shall be imposed to a maximum extent for acts whose injured or taxable person is a minor and those imposed in cases where the offending conduct is carried out under customary or on an ongoing basis, except where the offence is used. or continuity is part of the type of the infringement. They shall be imposed to a minimum degree when they are committed by a minor, without prejudice to the provisions of Article 21.8.

3. In any event, where the amount of the fine is less than the benefit obtained by the commission of the infringement, the penalty shall be increased to twice the amount in which the infringer has benefited.

4. If the same act or omission were to constitute two or more infringements, which are classified in this or other Laws, only the one that carries the greatest sanction shall be taken into consideration.

5. Where, in the judgment of the Administration, the offence may constitute a crime or a fault, the administrative body shall transfer the Prosecutor's Office and refrain from pursuing the sanctioning procedure while the judicial authority is not has pronounced. Criminal sanctions shall exclude the imposition of the administrative penalty.

6. The requirement for administrative responsibilities shall be compatible with the civil or other order that may be required.

7. The amounts of the fines will be reviewed and regularly updated by the government through royal decree.

Article 21. Responsible persons.

1. The author of the various infractions shall be responsible, understanding the natural or legal person who commits the facts as such.

2. In the case of the offences referred to in Article 19.2.b), (d), (e) and (f) and 19.3.a), the operators of the establishments in which the infringement is committed shall be responsible.

3. The manufacturer, the importer, where applicable, the distributor and the operator of the machinery

be jointly and severally liable for the offences referred to in Article 19.2.c) and 19.3.n.

4. The operator of the machinery shall be responsible for the offences referred to in Article 19.3.g) and (h

.

5. In the case of Article 19 in paragraphs 3. (b) and 3. (l) in the case of the sale of tobacco products to children under the age of 18 and Article 19 (3). (m) the owner of the premises, centre or establishment in which the offence is committed or, failing that, the employee of the person in charge of the establishment or centre at the time of the offence. If the holder of the premises, centre or establishment is a public administration, that Administration shall be responsible, without prejudice to the fact that it requires its authorities and other personnel to be responsible for the liability in which they have incurred.

6. In the case of the offence referred to in Article 19.3.l) of delivery to persons under eighteen years of tobacco products, the person responsible for the delivery shall be responsible for the delivery to the child.

7. In the case of infringements in the field of advertising, it shall be held in solidarity, in addition to the advertising company, the beneficiary of the advertising, with the understanding of the owner of the advertised trade mark or product, as well as the holder of the advertising set or space on which the ad is issued.

8. Where the responsibility for the acts committed by a minor is declared, they shall respond jointly and severally to their parents, guardians, welcoming persons and legal keepers or in fact in this order, in view of the failure to comply with the obligation imposed on them. which entails a duty to prevent the administrative infringement against the child. Joint and several liability shall relate to the pecuniary charge arising from the fine imposed. Subject to the consent of the persons referred to and heard by the child, the financial penalty of the fine may be replaced by the reeducative measures to be determined by the autonomic regulations.

Article 22. Inspection and sanction powers.

1. The General Administration of the State shall exercise the functions of inspection and control, either on its own initiative or at the request of a party, as well as the instruction of sanctioning cases and the imposition of sanctions, in the field of air, sea or land transport, where they are developed in the supra-regional or international framework, as well as in all those areas, offices or facilities which, by virtue of their characteristics, exceed the competence of the Autonomous Communities and Cities with a status of Autonomy.

2. The competent bodies of the Autonomous Communities and Cities with a Statute of Autonomy shall, where appropriate, carry out the functions of control and inspection, either on their own initiative or at the request of a party, as well as the instruction of sanctioning cases and the imposition of penalties.

3. The sanctioning powers of the organs referred to in this article are without prejudice to those corresponding to the Commissioner for the Market of Tabacos in accordance with Law 13/1998, of 4 May, of Market Management of Tabacos and Tax rules.

4. In the case of infringements committed through radio or television, the Autonomous Communities shall exercise control and inspection to ensure compliance with the provisions of this Law and, where appropriate, they shall process the relevant (a) penalties and penalties shall be imposed in respect of television and broadcasting services whose coverage areas, whatever the means of transmission used, do not exceed their respective limits; territorial. They shall also be competent in relation to television and broadcasting services the provision of which is carried out directly by them or by entities to which they have conferred an enabling title within the relevant autonomic field.

Correspond to the State, through the Ministry of Industry, Tourism and Commerce, the powers to ensure compliance with the provisions of this Law in other television and radio services. In these cases, the provisions contained in Chapter V of Law 25/1994 of 12 July, of incorporation into the Spanish legal order of Directive 85 /552/EEC, on the coordination of legal provisions, will not apply. regulations and administrative provisions of the Member States relating to the pursuit of television broadcasting activities.

5. Any infringements committed through the provision of information society services or devices shall be sanctioned by the authorities referred to in Article 43 of Law 34/2002 of 11 July on the services of the Information Society and electronic commerce.

Article 23. Exercise of individual and collective actions.

1. The holder of a legitimate right or interest concerned may require in the administrative and jurisdictional organs of any order the observance and compliance with the provisions of this Law.

2. In the case of advertising, any natural or legal person who is affected and, in general, those who hold a subjective right or a legitimate interest may request the cessation of advertising contrary to this Law, in the words As appropriate, in Law 34/1988 of 11 November, General of Publicity, 25/1994 of 12 July, incorporating into the Spanish legal order Directive 89 /552/EEC on the coordination of legal provisions, Regulation and administrative provisions of the Member States relating to the pursuit of television broadcasting, and 34/2002, of 11 July, of services of the information society and electronic commerce.

3. Where unlawful advertising affects the collective or diffuse interests of consumers and users, the collective action for cessation under the provisions referred to in paragraph 2 may be exercised.

Additional disposition first. Manual sale of cigars and cigarillos provided with natural layer.

By way of derogation from Articles 3.1 and 5.g), in respect of the sale through the network of tobacco and stamp vending machines and vending machines, the manual sale of cigars and cigarillos provided with natural layer in the establishments referred to in point (c) of Article 8 (1), which have administrative authorisation granted by the Commissioner for the market in Tabacos.

Additional provision second. Special arrangements for small establishments in hotels and restaurants where smoking is permitted.

Catering and catering establishments, where there is no legal prohibition of smoking, as they are closed establishments, which serve food and/or beverages for consumption, with a useful surface intended for clients and/or visitors less than one hundred square meters, they must inform, in the form that is indicated in the regulations autonomic, in Spanish and in the official language, about the decision to allow to smoke or not inside. Similarly, the information to be incorporated into the advertisements, propaganda and other means in which it is announced or report on the establishment shall be regulated autonomously.

Additional provision third. Centers or dependencies where there is a legal smoking ban.

In the centres or dependencies where there is a legal ban on smoking, posters announcing the ban on smoking and the places where, where appropriate, the ban on smoking should be placed on the spot. find smoking-enabled areas in accordance with Article 8.2.

Additional provision fourth. Special arrangements for the Autonomous Community of the Canary Islands.

The provisions of this Law are without prejudice to the peculiarities of the Economic and Fiscal Regime of the Canary Islands with respect to the commercial freedom of tobacco products in commercial establishments located in the the Canary Islands, without the exception being limited in the application of the other provisions contained in this Law, in particular as provided for in Article 5 (a), (b), (c), (d), (e) and (f), and in any case, those intended for child protection.

Additional provision fifth. Duty free stores.

The so-called "duty-free shops" authorised at ports and airports, as referred to in paragraph 1) of the seventh additional provision of Law 13/1998 of 4 May 1998 on the Management of the Market in Tabacos and Tax rules, may continue to develop their tobacco sales activity, in accordance with the provisions of that provision.

Additional provision sixth. Special arrangements for penitentiary establishments.

Other than the provisions of Article 5 (a), the tobacco and stamp-duty vending machines referred to in the additional provision of Regulation (EC) No 13/1998 of 4 May 1998 on the Management of the Market in Tabacos and Norms Tax.

In prison facilities, smoking zones are permitted.

Additional provision seventh. Regulations on the prevention of occupational risks.

What is established in this Law is without prejudice to the other limitations and prohibitions on tobacco consumption contained in the regulations on the prevention of occupational risks.

Additional disposition octave. Psychiatric facilities, services or establishments.

In centers, services, or psychiatric facilities, areas for patients to whom, by medical criteria, may be determined, may be provided.

Additional provision ninth. Private smoking clubs.

Private clubs of smokers, legally constituted as such, will not apply to them the provisions of this Law, concerning the prohibition of smoking, advertising, promotion and sponsorship, as long as it is carried out inside of its dependencies and the recipients are solely and exclusively the partners.

First transient disposition. Transitional arrangements for certain vending machines and vending machines.

1. The tobacco and stamp of the State existing at the date of entry into force of this Law which are affected by the limitation laid down in Article 5.g) may continue to sell tobacco products until the extinction of the concession. corresponding. The holders of the other vending machines referred to in Article 5 shall have a one-year period, counted from the date of entry into force of this Law, to request the change of site in accordance with Article 39 of the Royal Decree 1199/1999, of 9 July, for which Law 13/1998, of 4 May, of the Ordination of the Market of Tabacos and Tax Regulations, is developed, and the concessionary status of the network of tobacco and stamp vending machines is regulated. After that period, tobacco products may not be sold in such places.

2. Manufacturers, holders and transferee of vending machines for tobacco products shall have within one year of the date of entry into force of this Law to adapt the machinery to the technological requirements and requirements referred to in Article 1. Article 4 (d). New manufacturing machines must incorporate such requirements from the date of entry into force of this Law.

Second transient disposition. Transitional arrangements for common names.

The common names referred to in Article 10 which have been placed on the market before the entry into force of this Law may continue to be used, but the names, marks, symbols or distinctive signs they must show a clearly different appearance than the one used in the tobacco product and must not include any other distinguishing signs already used for that product.

As of the date of entry into force of this Law, no goods or services that are placed on the market may use names, marks, symbols or other distinctive signs already used for a tobacco product.

Transitional provision third. Transitional arrangements applicable to the enabling of smoking zones.

The requirements for enabling smoking zones referred to in Article 8 (2) shall be required after eight months after the entry into force of this Law. During that period at least the smoking and non-smoking areas must be properly marked and separated.

Fourth transient disposition.

May continue to be placed on the market up to three months after the entry into force of this Law, the cigarette packing units, and up to six months after the entry into force of the packing units. other tobacco products which do not comply with the provisions of this Law.

Transient disposition fifth.

The ban on advertising or sponsorship of tobacco products in all media will not reach, for a period of three years, counted from the entry into force of this Law, to advertising and sponsorship that incorporate the teams participating in motor sport competitions and events with cross-border effects, in their dressing room, accessories, instruments, equipment, prototypes and/or vehicles.

Single repeal provision. Regulatory repeal.

Repealed, in addition to how many provisions of equal or lower rank are opposed to the provisions of this Law, the following:

(a) Article 4 (9) of Law 13/1998, of 4 May, of the Management of the Market in Tabacos and Tax Regulations.

(b) Article 8.5 of Law 34/1988 of 11 November, General of Advertising, concerning the advertising of tobacco.

(c) Royal Decree 709/1982 of 5 March on the regulation of tobacco advertising and consumption.

d) Royal Decree 192/1988 of 4 March on limitations on the sale and use of tobacco for the protection of the health of the population, in the wording given by Royal Decree 1293/1999, of 23 July.

(e) Article 32 of Royal Decree 1199/1999, of 9 July, for the development of Law 13/1998, of 4 May, of the Ordination of the Market of Tabacos and Tax Regulations and the granting of the concessionary status of the network Tobacco and doorbell vending machines.

Final disposition first. Constitutional foundation.

1. This Law is made on a basic basis under the terms of Article 149.1.1., 16. ª, 18. and 27. of the Constitution.

Article 10, which is issued pursuant to Article 149.1.9. of the Constitution, is excepted.

2. It is for the Autonomous Communities, in their respective territorial scope, to approve the rules for the development and implementation of this Law.

Final disposition second. Enabling the Government.

The Government will, in the field of its competences, dictate the provisions necessary for the development and implementation of this Law.

Final disposition third. Entry into force.

This Law shall enter into force on 1 January 2006, with the exception of the rules contained in Chapter III, and those of Chapter V in the case of penalties for offences committed in the cases referred to in Chapter III, which shall enter into force on the day of its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, December 26, 2005.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO