Last updated: 11 February 2016
As of March 15, 2016, smoking in enclosed public places, including at the workplace, will be prohibited, following the adoption of Law no. 15/2016 (published in Official Journal no. 72 of February 1st, 2016). The new law broadens the scope of Law no. 349/2002 (which used to allow smoking in encloses public places especially designed for this purpose, including clubs and bars...). The amendments brought by the newly passed law, which will enter into force on March 15, are presented to you hereinafter.
PLACES WHERE SMOKING IS PROHIBITED
Pursuant to the new Law, from now on, smoking will be prohibited in all enclosed public spaces – namely any place accessible to the public or destined to collective use, regardless of ownership or access right, as long as the said place has a roof and is delimited by at least two walls, irrespective of the temporary or permanent nature or type of such places.
Furthermore, smoking will be prohibited in enclosed workplaces. Workplace means any space that has a roof and is delimited by at least two walls and which is used as a working space, as defined by Law no. 319/2006 on work health and safety. The said law defines the workplace as the space designed to include work stations, located in the company and/or unit’s buildings, including any other space in the area of the
company and/or unit to which employees have access during their work. Furthermore, smoking will also be prohibited on public transportation (taxi, tube, train, plane), as well as on children’s playgrounds.
Institutions and units managing the spaces provided by the law are required to draft and adopt internal regulations that prohibit smoking. They are also required to introduce provisions stating that smoking in such areas represents a serious disciplinary offense. Furthermore, they are required to place “No smoking” banners in the said spaces, using the internationally recognized icon.
SANCTIONS
Natural or legal persons who fail to comply with the anti-smoking measures provided by the new law can be sanctioned by a fine between 100 to 500 Lei for natural persons and between 5,000 and 10,000 Lei for legal persons. The second offense committed by a legal person is sanctioned by a 10,000 Lei fine and the suspension of its activities. Recidivism is sanctioned by a 15,000 Lei fine and the shutting down of its activities.