Prohibition of smoking - Smoking

Verified 21 July 2023 - Legal and Administrative Information Directorate (Prime Minister)

Does the smoke ban apply to all areas of everyday life? It relates in particular to enclosed public places (examples: cafes and restaurants). Smoking areas can be arranged. Smoking is also prohibited in public transport, schools, children's playgrounds and the workplace. There are many opportunities for people to quit smoking. We're laying out the regulations for you.

Total ban on smoking

Smoking is forbidden in all enclosed public places and workplaces except in areas designed for this purpose.

Tableau - Prohibition of smoking

Locations

Prohibition of smoking

The smoking area

Public or private educational establishment (schools, colleges, high schools, universities)

YES

NO

Apprenticeship Training Centers (ATC)

YES

NO

Establishment intended, or regularly used, for the reception, training, accommodation or sports practice of minors

YES

NO

Health care facilities

YES

NO

Public enclosed and covered place (restaurant, cafe, shopping center, disco, etc...)

YES

YES

Collective place of work without public reception

YES

YES

Collective workplace with public welcome

YES

YES

Individual office

YES

NO

Children's playground (park, public garden...)

YES

NO

Please note

it is also prohibited to smoking in a car in the presence of a minor.

Smoking room

Smoking is permitted in designated areas, provided by the person or organization responsible for the premises. They must respect technical standards accurate and ensure safety of non-smokers.

These are closed rooms, dedicated to the consumption of tobacco where no service can be provided (e.g. cafeteria).

The installation of a smoking room is not mandatory.

Minors are not allowed to enter these designated areas. Specific signs must be affixed to the entrance.

Please note

the person in charge of the premises may decide to extend the smoking ban to all premises under his responsibility, if this measure is justified and proportionate to the aim pursued.

The hotel room is considered a private place, so the ban on smoking is based on a decision of the hotel management.

Sanctions against the person in charge of the premises

The person in charge of the premises (the coffee maker, for example) is liable to a fine of up to €750, if it's in any of the following:

  • It does not put up the signs that are intended to refer to the principle of not smoking or vaping
  • It provides smokers with a reserved area that does not comply with the required technical standards
  • It voluntarily encourages, by whatever means, the violation of the smoking ban

Penalties against the user

Smoking in a place for collective use outside the designated area shall be punishable by a fine of up to €450.

Smoking in a vehicle in the presence of a minor is punishable by a fine of up to €750.

Who can report a violation of the smoking ban?

The labor inspector's supervising officer or an equivalent control officer may ascertain infringements of the prohibition on smoking. In this case, he shall draw up a report in duplicate, one of which shall be sent to the Prefect of the department and the other shall be lodged at the parquet floor.

Any person can complain. They have to go to the public prosecutor or the police to give a statement. The offense must be recorded by a judicial police officer. He may enter the company only with the authorization of the employer or after having received a warrant from an investigating judge.

Finally, the associations declared for at least five years at the date of the facts and whose statutes provide for the fight against smoking may be carried out civil party. The same applies to approved consumer associations and family associations attached to the National Union of Family Associations (Unaf).

There are nicotine substitutes. This is a drug treatment that increases the chances of successfully quitting smoking.

Nicotine replacement is reimbursed to 65% on medical prescription. In order to be reimbursed, they must appear on the list of nicotine replacement products reimbursed.

The part of the expenses which remains at your expense after reimbursement of the sickness insurance and before deduction of the lump sum contributions may be covered by the supplementary contribution.

In addition, the reimbursement of these salaries is no longer subject to an annual ceiling.

FYI  

Pharmacies are now able to waive fees in advance for these products.

It is also possible to get help with your journey and to be accompanied free of charge.

Who shall I contact

  • 39 89 - Tobacco info service

    Advice, information and guidance to help quit smoking.

    By telephone

    39,89

    No surtax number.

    The service is free.

    This service is accessible to the deaf and hard of hearing via the Acceo platform.

    You can ask to be called back.

    Open from Monday to Saturday from 8am to 8pm.