Are children/teens allowed to smoke in public?

Are children/teens allowed to smoke in public?
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Denmark

There is a ban on the sale of tobacco products to persons under 18 years. Smoking is not allowed in public places (eg. cinemas, bars, restaurants).

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Belgium

The purchase of tobacca is allowed from 16 years.

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Bulgaria

The sale and the consumption of tobacco goods are forbidden for persons under 18 years.

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Germany

Minors are smoking in public is not allowed. Also, no tobacco products may be delivered to them. § 10 JuSchG)

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Estonia

7. Tobacco Act

§ 27. Prohibition applied with regard to minors

A person of less than 18 years of age (hereinafter minor) shall not smoke or consume smokeless tobacco products.

§ 28. Measures to enforce prohibition applied with regard to minors

(1)       Minors shall not acquire or possess tobacco products.

(2)       Tobacco products shall not be sold to minors. In order to observe the prohibition, a seller may demand identification from the buyer and refuse to sell tobacco products if the buyer fails to present such identification.

(3)       Adults are prohibited from buying tobacco products for, offering tobacco products to and handing tobacco products over to minors.

(4)       It is prohibited to offer for sale or sell to minors products the shape of which is similar to tobacco products.

(5)       Minors shall not be employed for work related to the handling of tobacco products.

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Finland

There is no legistlation on childrens or young peoples public smoking.

It is, however, prohibited to sell tobacco products to minors (Act on Measures to Restrict Tobacco Smoking / Laki toimenpiteistä tupakoinnin vähentämiseksi 13.8.1976/693, § 10).

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France

There is no legislation that prohibit the consumption of tobacco products for minors. However, according to articles L. 3512-1-1 and L. 3511 of the Public Health Code, sales and free offers of tobacco products to minors is prohibited. If they do not observe the law, they will be amerce.

The legislation on combating tobacco addiction include a number of ordinances, which prohibit smoking in some public places:

· According to art. 1 of the law of 9th July 1976 law on combating tobacco dependency, the ban on smoking in public buildings apply for public enclosed rooms and areas, covered buildings as well as workplaces.

· The ban on smoking does not apply for areas which were placed for smoking people (art. 2).

· There can provide rooms for smoking people within buildings of education if these rooms aren’t used for teaching (art. 8).

· Within public spaces which are used for lodging and placement of young people, minors are not allowed to stay in smoking areas (art. 9).

· A person who smokes beyond an area for smoker can be punished (art. 14).

There is no legislation which prohibited expressly smoking for young people. However, there is a plan for a ban on selling tobacco products to minors under 16 years of age. This is a measure of the public health service in order to combat tobacco addiction.

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United Kingdom

No, from 18 onwards.

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Greece

Children and person unter 18 years of age are not allowed to smok in public.

Y1/G.P./fam. 76017 dated 29-7/01-08-2002

Selling of tobacco products is prohibited to and from minors (3730/2008 Act, art. 2).

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Ireland

It is prohibited to sell tobacco to anyone less than 18 years of the age. Smoking in public places (e.g. pubs, restaurants, workplace etc.) is restricted for everybody.

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Italy

Since the Anti-Smoking Act (Act No. 3 of 16 January 2003) took effect, and upon approval of the implementing ordinance for that law, which provides definitions for public corporations, places of work, premises used for leisure activities and premises assigned to private groups, smoking is now prohibited in all public buildings, with the sole exception of private rooms which are not accessible to the public, as well as public areas which are expressly reserved for smokers.

Of course, Act 3/1002 applies to minors. Additionally, in accordance with Royal Ordinance No. 2316 of 24 December 1934, youths under the age of 16 are prohibited from smoking in public under threat of an administrative penalty, so that the latter group is prohibited from smoking even in areas of public buildings which are specifically designated for smokers (Act 3/2003).

The Ordinance prohibits the sale and dissemination of tobacco products to persons under the age of 14 pursuant to Article 730(2) of the Criminal Code.

There have recently been spirited debates in this context with respect to cigarette vending machines, which remain accessible to persons of all ages. In order to protect the health of minors, the Director General of the Special State Monopolies Administration (AAMS) ordered as follows in Circular No. 2003/25137, that: "as of 1 January 2004, cigarette vending machines are to be deactivated between the hours of 7 AM and 11 PM using a timer provided for this purpose so as to allow them to function only during hours when minors have difficulty accessing these machines." The order in question is meant to protect the health of minors by preventing them from buying cigarettes in violation of the prohibition in accordance with Royal Decree No. 2316 of 24 December 1934. However, it encountered displeasure and dismay from the associations of the affected economic sector, who expressed their opposition and even demanded that the aforementioned Circular be annulled, holding that the time limit for operation of the vending machines is unacceptable and viewing the measure as a whole to be unsuitable for the purpose of preventing the spread of smoking among the youth, a phenomenon with much deeper social and familial roots.

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Croatia

Pursuant to the Act on Restricting the Use of Tobacco and Tobacco-Related Products, in the Republic of Croatia it is forbidden to smoke in all closed public places

Smoking is allowed in designated areas in certain places for accommodation of guests, in designated areas in psychiatric hospitals and other health and social care providers.

The Act prohibits the sale of tobacco and tobacco-related products to persons under the age of 18. In addition, persons under the age of 18 are not allowed to sell these products.

A salesperson who suspects that a customer is younger than 18 may require such a customer to prove that he or she has attained the age of majority, by producing the relevant document. lt is forbidden to sell tobacco products on the Internet or by means of cigarette vending machines.

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Latvia

A child may not smoke anywhere. Child is a person until 18 years of age. Tobacco products may not be sold to a child.

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Lithuania

Children must not smoke in public. It is also forbidden to sell, buy for or otherwise give/transfer tobacco products to persons under 18 years of age (according to the Law of the Republic of Lithuania on the Control of Tobacco, Tobacco Products and Related.

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Luxembourg

There is no general prohibition on smoking for minors.

However, the Act of 24 March 1989 prohibits smoking in all schools, in areas which are designated for the accommodation of minors under the age of 16, as well as athletic facilities of all kinds.

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Malta

Pursuant to the Tobacco (Smoking Control) Act (Cap. 315), cigarettes, cigars, tobacco products and smoking requisites may not be sold or supplied to persons under the age of 18, and no person may induce a minor to smoke. As far as smoking in public places is concerned, there are various rules depending on the place and situation.

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Netherlands

Since 2014, tobacco may only be sold to people aged 18 and older, instead of 16. The government hopes this will reduce the number of young people who smoke. It can be hard to estimate how old someone is, so shopkeepers selling tobacco may ask anyone who looks younger than 25 to show their ID. Smoking is prohibited in all enclosed public spaces and the hospitality sector (hotels, restaurants, cafés and catering establishments). 

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Austria

Federal law uniformly prohibits the consumption and sale of tobacco or similar products to persons under the age of 18. Similar products include electronic cigarettes, liquids, and chewing tobacco. It does not matter whether nicotine is contained or not.

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Poland

The Act of 9 November 1995 on the Protection of Health from the Consequences of Tobacco Consumption (1996 Official Journal No. 10 Item 55) prohibits smoking outside of separate and accordingly adapted areas, i.e. in health care installations, schools, educational facilities, in factories and other public buildings and in single-room restaurants. The owner or operator is responsible for implementing this prohibition in the aforementioned areas.

Article 6 Paragraph 1 of the aforementioned Act prohibits the sale of tobacco products to persons under the age of 18. The sale of tobacco products in health care installations, schools, educational institutions and athletic facilities is prohibited (as is the sale of tobacco products using vending machines and of boxes containing less than 20 units).

Also prohibited are advertisements for tobacco products, smoking requisites and products which imitate tobacco products or smoking requisites, as well as symbols associated with the consumption of tobacco.

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Portugal

It is prohibited to sell tobacco products to minors under 18 years of age. Smoking in public places is restricted for everybody (e.g. kindergarten, day nursery and other child care institutions, childrens´s houses, youth centres, leisure centres, holiday camps; schools including class rooms, study rooms, reading rooms, assembly rooms, libraries, sport halls, schoolyards; bars; restaurants; dining halls; canteens).

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Romania

There is still no information

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Sweden

Smoking is restricted in most public places (irrespective of the age of the smoker). Smoking by children is not prohibited but it is prohibited to sell tobacco to anyone under the age of 18.

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Slovakia

It is prohibited to sell tobacco products to persons younger than 18 years.Any person, who sells tobacco products, is required to withhold the sales person who is younger than 18 years. It is prohibited to put into circulation tobacco for oral use.Sale of tobacco products from the stand and automaton is allowed only if it is secured using a stand automaton adult’s seller. It is prohibited to sell products imitate the shape and appearance of tobacco products or tobacco needs in the form of food or toys.

It is prohibited to smoke

a) means a regular passenger rail services in addition to restricted stock, in other national means of regular passenger service in waiting rooms and shelters for domestic scheduled passenger services on the covered platforms and enclosed public places associated with the transport for passengers to open platforms at a distance of 4 m from the designated area of platforms,

b) medical facilities,

c) in primary schools, secondary schools and educational establishments, in pre-and in the playgrounds,

d) in high schools and student homes,

e) social service in addition smoking room reserved for employees,

f) in the cultural facilities and indoor sports facilities,

g) in publicly accessible spaces and office buildings, shops, theatres’, cinemas, exhibition grounds, museums and galleries,

h) in a common eating facilities, except those mass caterers which have a separate section for smokers,

i) in confectioneries and fast food establishments,

j) in the areas in which juveniles are in custody or in carrying out prison sentences.

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Slovenia

It is illegal to sell tobacco products to people under eighteen.

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Spain

Spanish Law prohibits sell tobacco to children under 18 years. In addition, there are general bans on smoking in many public places.

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Czech Republic

Smoking in indoor areas is prohibited for everybody, if such a non smoker´s health could be compromised.

The sale of tobacco products at persons under 18 years is forbidden.

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Hungary

They are allowed to smoke in public places if there will be no other provision. According to Article 5 of the Law to protect nonsmokers, selling of tobacco products to persons under 18 years of age is prohibited.

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Cyprus

There is no legal provision for smoking in the streets. From 1/1/2010 its forbidden to smoke in public places.

No tobacco or other smoking products are allowed to be sold at children/teens under the age of 18.