Germany | Deutschland

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TOBACCO AND NICOTINE USE IN THE EU

KONSUM VON TABAK UND NIKOTIN IN DER EU

Liste von Zigaretten Herstellern in Deutschland
Deutsche Verbände pro und contra Rauchen

Each state in Germany can mandate the extent to which smoking is allowed in public places.

Since September 2007, smoking in is not permitted in all indoor facilities of health care, education, recreation or sports and in all forms of public transport.

In September 2007, The Deutsche Bahn (German Train Company) banned smoking on all trains in the country. This move followed the previous restrictions adopted in train stations around the country, which permitted smoking only in designated places inside the train stations or on train platforms.

In 2008, the German High Court has just overturned smoking bans in small bars and restaurants. The ruling means that German states must ban smoking in all pubs or restaurants or offer exceptions for single-room establishments. The German court further ordered German states to review their laws and to come up with new ones by the end of 2009.

• Offenders could face fines of between €5 and €1,000.
• The legal smoking age is 16.

Here is a state-by-state summary of the laws:

• Baden-Württemberg

  The smoking ban came into power here August 1, 2007. Here, you are permitted to smoke in restaurants with separate smoking rooms and in party tents. Don’t light up in nightclubs and discotheques however. Adult age students and teachers are permitted to smoke in designated areas on school property. This includes vocational schools and colleges. Fines for individuals caught breaking the law can range from €40 to €150.

• Bavaria (Bayern)

  The smoking ban was started on January 1, 2008. It is the most comprehensive and severe of all the states’. There is no smoking allowed in adjoining, separated rooms and in party tents. (However, an exception has been made to allow smoking in the tents of the 2008 Oktoberfest.) Smoking is not allowed in any public building, school or hospital. Exceptions are made for private parties or clubs. Fines for violation range from €5 to 1,000 and the fines can be imposed on individuals and businesses.

• Berlin

  The smoking ban in public facilities including schools and hospitals started January 1, 2008. However, adjoining rooms can be exempt. Fines started being levied on July 1, 2008. Individuals can be fined up to €100 and businesses that break the law can be fined up to €1,000.

• Brandenburg

  Smoking was banned in January of 2008 in public places, schools and other educational facilities, hospitals, retirement and foster care homes. Smoking is permitted in restaurants, hotels and cultural facilities in adjoining rooms providing that these areas are completely separate. There is no smoking allowed in discos. Fines for individuals can range from €5 to €100 and businesses can expect fines ranging from €10 to €1,000.

• Bremen

  The smoking ban became affective in schools and hospitals in August 2007, and was extended to include restaurants, discos, party tents, hotels, the harbor front area and airports as of January 2008. Exceptions are made for traditional and special events. Separate smoking rooms are allowed in restaurants and discos that do not have a dance floor. Individuals can be fined up to €500 and businesses up to €2,500.

• Hamburg

  Smoking has been prohibited in all public facilities including hospitals, schools, restaurants and government offices in Hamburg since January 2008. Designated smoking sections are the rule here for restaurants, provided that the rooms have appropriate ventilation devices. Party tents for special events are excluded from the ban. Individuals can be fined anywhere from €20 to €200 and businesses from €50 to €500.

• Hessen

  Hessen is one of the forerunners of non-smoking laws, being enforced here as early as October of 2007 for restaurants and public facilities. Smoking is only permitted in Hessen in adjoining rooms provided that these are separate from non-smoking areas and the same condition applies for party tents for special events. Businesses may construct “separate” rooms without special construction permits until 2009. Individuals can be fined up to €200 and businesses up to €2,500.

• Mecklenburg-Vorpommern

  Here the non-smoking ban took affect in August 2007. Of as January 1, 2008, smoking has also be banned in restaurants. However, the restaurants can opt to provide a separate adjoining room if they wish. The same rule applies to government offices, hospitals, colleges/universities, foster homes, airports and sports venues. Individuals can be fined up to €500 and businesses up to €10,000.

• Niedersachsen

  As of August 2007, the smoking ban became effective for restaurants, bars and discos; restricted here again to separate onsite rooms. In this state, smoking is prohibited in public facilities such as schools, hospitals and government offices.

• Nordrhein-Westfalen

  The New Year marked the implementation of the smoking ban, stretching to include restaurants on July 1, 2008. Restaurants may provide separate smoking areas if the premises have enough rooms to provide this sort of arrangement. Smoking is not allowed in schools and educational institutions and health facilities. Exceptions to the smoking ban here are party tents, special regional events such as Karneval and Schützenfeste and for special private parties and in bars. Fines range from €5 to €1,000.

• Rheinland Pfalz

  Here the smoking ban came into affect February 15, 2008. Hosts may designate separate (but smaller) rooms as smoking rooms. Small bars with only a main room and service only by the propieter may allow smoking. Students of legal age may smoke in separate rooms and in smoking zones. Individuals can be fined up to €500 and businesses up to €1,000.

• Saarland

  This tiny state makes the biggest exceptions for the general smoking ban in restaurants. In other words, smoking is allowed in small bars where the host/owner serves. In bigger restaurants however, separate rooms must be provided. In party tents the host/owner may authorize smoking. Smoking is prohibited in all public facilities including government offices, schools and hospitals as of February 15, 2008. Individuals can be fined up to €200 and businesses up to €1,000.

• Sachsen

  The smoking ban took effect in Saxony February 1, 2008, for public facilities. Smoking is allowed in bars if a separate room is provided. Discos are required to be smoke-free, violations here can be as high as € 5,000 Euro.

• Sachsen-Anhalt

  January 1, 2008, the smoking ban for public buildings and restaurants took effect. Separate smoking rooms are allowed in hotels and restaurants. Smoking is not allowed in discos. Individuals can be fined up to €500 and businesses up to €1,000.

• Schleswig-Holstein

  As of January 1, 2008, smoking was prohibited in public facilities. Restaurants are required to designate a separate smoking area. Individuals can be fined up to €400 and businesses up to €4,000.

• Thüringen

  In Thüringen the smoking ban began on July 1, 2008. Smoking is prohibited in pubs, discos, government offices, hospitals, schools and cultural facilities. However, restaurants may authorize smoking in a separate room. Individuals can be fined up to €50 and businesses up to €500.