Spain’s government has approved a draft law that would dramatically expand the country’s anti-smoking rules by banning smoking and vaping across a wide range of outdoor public spaces, including bar and restaurant terraces, beaches, parks, university campuses and national parks.
The draft legislation, described as the most significant overhaul of Spain’s tobacco laws since the country’s first major reforms in 2005, was approved by the cabinet on Tuesday. However, it must still pass through Spain’s fragmented parliament before becoming law, with no indication yet of how long the legislative process could take.
If approved, the measures would represent the most far-reaching expansion of Spain’s smoke-free legislation since smoking was first prohibited in enclosed workplaces in 2005 and later inside bars, restaurants and other indoor hospitality venues in 2010.
Health Minister Mónica García (main image) said the reforms are designed to extend those protections into outdoor public spaces in response to changing smoking habits and the emergence of new nicotine products.
‘The aim is simple: to make clean air the norm in shared spaces,’ she told a news conference after the cabinet approved the draft legislation.
She added: ‘The times have changed, new products have appeared and there are new public health needs.’
The proposed law would prohibit smoking and vaping on outdoor terraces at bars, cafés and restaurants, one of the most high-profile changes in a country where outdoor dining is deeply embedded in everyday life, particularly during the hot summer months.
García said restaurant terraces had been included because pregnant women, people with asthma and other vulnerable groups should be able to eat and drink outdoors without being exposed to tobacco smoke from neighbouring tables.
The ban would also extend to beaches, river beaches, national parks, public parks, university campuses, museums, libraries, cultural centres, sports facilities, public swimming pools, bus shelters, train platforms, workplaces, work vehicles such as delivery vans, taxis and ride-sharing vehicles, as well as venues hosting outdoor public events, including nightclubs, dance venues and open-air performances.
A further key feature of the legislation is the creation of so-called ‘enhanced protection zones’, where smoking and vaping would be prohibited not only within the designated sites but also within a 15-metre perimeter around them.
These protected areas would include public buildings, healthcare facilities, social care centres, schools, universities, research institutions, museums, libraries, cultural venues, sports centres, parks and children’s playgrounds.
The reforms also seek to bring newer nicotine products under the same legal framework as conventional cigarettes.
Electronic cigarettes, vaping devices with or without nicotine, heated tobacco products, herbal smoking products, hookahs, shisha pipes and similar devices that imitate smoking would all be subject to the same restrictions as traditional tobacco products. Nicotine pouches would remain exempt from the location bans, although their use by minors would be prohibited.
For the first time, Spain’s tobacco legislation would also make it illegal for anyone under the age of 18 to smoke or vape. Until now, the law has only prohibited the sale of tobacco and vaping products to minors, rather than their consumption.
Parents or legal guardians would become secondarily liable for fines imposed on minors. Following revisions to the draft legislation, proposed penalties would range from €200 to €600, with the Ministry of Health also indicating that fines could, in some cases, be replaced by community service.
The bill also introduces tougher restrictions on tobacco advertising, promotion and sponsorship across all forms of media.
‘We’re equating new products with traditional tobacco, prohibiting advertising on the internet and social media, and reinforcing the limits on indirect promotion and commercial offers used to attract new consumers,’ García explained.
According to the Health Ministry, tobacco use causes around 50,000 deaths every year in Spain – equivalent to approximately 140 deaths a day – while smoking is considered a risk factor in around 30% of all cancers.
García said the reforms could reduce healthcare costs by between €100 million and €200 million annually.
‘These resources can then be dedicated to addressing other needs of the system instead of treating preventable diseases,’ she added.
Officials insist the objective is not simply to punish smokers but to create an environment in which smoking and vaping gradually become the exception rather than the norm, particularly among younger people.
The proposals would build on anti-smoking measures introduced over the past two decades. Smoking on outdoor terraces was temporarily prohibited during the Covid-19 pandemic, although those restrictions were later lifted.
Once approved by parliament and published in Spain’s Official State Gazette (BOE), the legislation would apply nationwide without requiring separate implementation by Spain’s regional governments. The revised law also updates the definitions of offences, legal responsibilities and financial penalties relating to tobacco use.
The proposals are nevertheless expected to face political and industry opposition before becoming law.
The right-wing People’s Party (PP) has said its support in parliament would depend on the creation of designated smoking areas and guarantees that the hospitality industry would not be adversely affected.
Spain’s main hospitality-sector lobby has also criticised the plans, arguing that the measure ‘would have very limited effectiveness, as it could drive smokers indoors to places such as private homes, thereby increasing exposure to second-hand smoke’.
Around one in four adults in Spain currently smokes on a daily basis, according to the latest official health data.
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En 2010 celebramos el primer Mundial y la Ley Antitabaco que cambió nuestro país. Hoy volvemos con la segunda estrella.
— Mónica García (@Monica_Garcia_G) July 21, 2026
Aprobamos en Consejo de Ministros el proyecto para ampliar los espacios sin humo y avanzar hacia una generación libre de adicción. pic.twitter.com/h5jtuCXkLy
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