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Ban on smoking in public places
In this Resolution, the Council calls on the Member States to take appropriate measures to ban smoking in the public areas of certain establishments and in means of transport, in order to protect the right to health of non-smokers who do not wish to be exposed to the risks of passive smoking.
Resolution of the Council and the Ministers for Health of the Member States, meeting within the Council of 18 July 1989 on banning smoking in places open to the public [Official Journal C 189 of 26.07.1989].
In addition to the potential encouragement to smoke and the unpleasant physical effects and nuisance which smoke causes for non-smokers, there is an increased risk of contracting respiratory diseases for non-smokers involuntarily exposed to the smoke of tobacco products. It is therefore necessary to protect the right to health of non-smokers.
The Member States are called on to take the following measures by introducing legislation or by other appropriate means:
- ban smoking in enclosed premises open to the public which form part of the public or private establishments listed in an Annex to the resolution; Member States may add to this list;
- extend the ban on smoking to all forms of public transport;
- provide, where necessary, for clearly defined areas to be reserved for smokers in the above establishments and, if possible, in public transport, particularly for long journeys;
- ensure that, in the event of disputes, in areas other than those reserved for smokers, the right to health of non-smokers prevails over the right of smokers to smoke.