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HEALTH

EXPLAINED: Spain’s plans to ban smoking on bar terraces

On World No-Tobacco Day, discussions about banning smoking on all bar and restaurant terraces in Spain are heating up, with legislation set to be approved in the coming year.

SPAIN-HEALTH-VIRUS-SMOKING
A man smokes while drinking beer with friends at the terrace of a bar in Sevilla on August 13, 2020.(Photo by CRISTINA QUICLER / AFP)

It’s one of the most common sights in Spain: a busy bar terrace with friends and families sat around tables enjoying food and drinks outdoors, while a handful of smokers light up cigarettes and puff to their hearts’ content. But it may not be long before this scene is no longer played out.

Spain was in fact one of the first countries to adopt a strict smoke-free provision with a complete ban on smoking in enclosed public spaces, public transport, and workspaces – with only limited exceptions allowed.

The changes, first set in the Anti-Tobacco Law of 2005 but significantly increased by 2010, when all restaurants and bars became non-smoking places, came amid low public support.

In 2009, 51 percent of Spain’s population was completely in favour of smoking restrictions in restaurants, below the EU average of 63 percent.

Back then, 31.5 percent of the Spanish said they smoked (cigarettes, cigars or a pipe) every day or occasionally, and 19.7 percent said they used to smoke but stopped.

Just about a decade later, the numbers have changed: 24 percent of the population says they currently smoke, according to a European Commission research, and 31 percent replied that they used to smoke but have stopped.

This seems to be directly related to an array of measures and changes in public perception of smoking, and studies have shown that places with smoking bans have lower numbers of smokers.

What is the current law on smoking in Spain?

For a decade, Spain has had a complete ban on smoking in enclosed public spaces, public transport, and workplaces.

Since 2010, it’s been only allowed to smoke outdoors in the open air in Spain, “in every space that is not covered, or every space that, despite coverage, is surrounded on its side by a maximum of two walls”.

READ ALSO: Maps: Which beaches in Spain have banned smoking?

Despite the lowering numbers, Spain also has too many smokers, pulmonologists warn. And the consequences are severe: lung cancer, often caused by smoking, is the third most frequently diagnosed cancer in Spain, according to the Spanish Ministry of Health.

Given these high figures, Spain’s Spanish Society of Pulmonology and Thoracic Surgery (SEPAR) has already proposed measures to help people stop smoking, including a ban on tobacco consumption in public spaces, even outdoors.

What will the Spanish government do?

Spain’s government is working on a plan to reduce tobacco consumption by 2025, following a target by the World Health Organisation (WHO) to cut by 30 percent the consumption of tobacco by 2025, compared with data from 2010.

READ ALSO: How Spain could stamp out smoking

Among the measures is a total ban on smoking in open-air places where many people meet, such as the terrazas (bar, cafe, restaurant terraces) and beaches.

Some private spaces, including cars, could also become non-smoking areas.

Other measures include changes in the packaging of cigarettes to become “neutral”, without logos or colours, and an increase in cigarette prices.

When are the changes coming?

The proposed smoking laws announced by the Health Ministry, which were expected to come into force in 2021, are still delayed.

The package of new measures can only be ready by late 2022 or early 2023 as they must first have the approval of the Public Health Commission of Spain’s Interterritorial Health Council, before reaching the Spanish Cabinet and Parliament.

Successive health emergencies – from the coronavirus pandemic to recent cases of child hepatitis and monkeypox – have delayed the plans.

Though there is not even full agreement on how to implement which measures. For example, a smoking ban on private cars could come only when children or pregnant women are inside vehicles.

READ ALSO: Spain set to offer 100% paid week-long leave to care for family members

The Health Ministry says that the text is “practically ready” but still not approved as there are still “small administrative matters” that need to be solved, according to online daily 20minutos.

“We cannot wait any longer”

In the meantime, health associations, including the Spanish Society of Family and Community Medicine (semFYC), ask the government to speed up.

“In Spain, we are already far behind other European countries regarding measures to prevent smoking. These measures are designed to protect the health of the population and even the environment. That is why we consider that changes such as the extension of smoke-free spaces to terraces and our beaches and neutral tobacco packaging are measures that in Spain we cannot wait any longer”, says semFYC representative Susana Morena.

READ ALSO: Smoking near kids is ‘form of abuse’: Spanish experts

Spain’s Cancer Association (AECC) highlights that the measures would significantly protect young people and all populations by reducing risk factors that can cause cancer.

According to data from AECC, in 95 percent of the terraces in Spain, traces of damaging substances in tobacco can be found.

The same is true in 46 percent of schools access areas or 43 percent of playgrounds, the Cancer Association says. Moreover, a burnt-out cigarette butt continues to give off 14 percent nicotine for at least 24 hours, they added.

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BRITS IN SPAIN

Six factors British people need to consider before retiring to Spain

If you're a UK national and thinking of retiring to Spain, there are some important factors you need to think about before making the move, and before you make any decisions about your UK pension.

Six factors British people need to consider before retiring to Spain

Retiring to Spain is a dream for many, but in order to make that dream a reality, you need to know that you can financially support yourself.

For most retirees, their main or only income will be a UK pension, so it’s important to understand how your pension will work once you make the move to Spain. 

There are some specific rules and restrictions you should know when your pension is paid outside of the UK. You also need to understand how your pension will be taxed in Spain.

Financial adviser, Maeve Hoffman, from Spectrum IFA Group, emphasised that people should not take these decisions lightly, telling The Local: “Figuring out what to do with your pension should be part of your wider financial plans for your life”.

“This may be your most important asset, besides your home, and the best answer for what to do with your pension is highly individual. There are no sweeping generalisations when it comes to advice on private pensions. Everyone’s situation is different,” she said.

This article is intended as an overview of how the system works for UK pensioners and is not intended as a substitute for individual financial advice. It’s aimed at people who have worked most or all of their career in the UK and then plan on retiring to Spain – the situation is slightly different for people who have worked in Spain and then retire here.

READ ALSO: Which UK benefits can Brits keep if they move to Spain?

Long-term or short-term

The first thing you need to decide is if you’re moving Spain for the long-term or short-term. 

If you’re looking to stay here permanently, there are certain advantages you can benefit from, but they could make things extra complicated if you end up returning to the UK in the future.

Make sure you ask yourself the tough questions so you can think about every eventuality. Is there a chance that you will have grandchildren in the future that you’ll want to be close to them? Have you ever spent a significant time in Spain, before, apart from just for short holidays? Do you have connections to Spain, such as friends, family or a home? If your health deteriorates, will you want to be cared for in Spain or the UK?

If are unsure about the answers to these questions, then take some time to really think about them. There are alternatives to permanently moving to Spain if you are unsure – for example, you can stay here for three months without the need for a visa.

Understand the different tax rules

British retirees should be aware that the UK and Spain have very different tax systems.

Once you become a tax resident in Spain you have to file a yearly declaration on your global income. Your UK pension will be taxed in Spain and you will no longer be liable to UK taxation, unless you have a government service pension.

You can check if your pension is classified as ‘government’ here.

The UK state pension, as well as any other private pensions, will be taxable in Spain.

Because of this, will want to think about whether your previous plans for your private pension were only advantageous to you as a UK resident. Once you become a Spanish tax resident, they could have unforeseen implications.

For example, there is no tax-free lump sum in Spain. If you want to take out a lump sum, taking it while you are still a UK resident will save you a lot in tax.

Taxes also depend on the region in which you decide to retire to. Some are a lot more advantageous than others, so it’s important you know the rules of where you plan on moving to. 

READ ALSO: Why you should move to this region in Spain if you want to pay less tax

Get reliable, expert financial advice before doing anything

If you have decided you want to be in Spain permanently, then you will need some expert tax and pension advice – but you need to be careful who you take advice from, this is a highly specialist area and it’s unlikely that high street financial advisers will have the knowledge that you need. 

Brexit has also made getting financial advice more complicated, with fewer experts available.

Hoffman told The Local: “Because of Brexit, you cannot use a UK-based financial adviser anymore – you have to use an EU-registered one. This has made things more complicated. When picking an adviser, seek out someone who has expertise on the local taxation rules. They should also be regulated with the financial regulator where you live and where they work”. 

It can be especially complicated to work out who you should and shouldn’t take advice from – for example, some UK-based advisers have continued to give advice to EU-based clients, even though are not following EU regulations anymore. 

Hoffman adds: “There are free, government-based services in the UK that can help you understand your private pension – Pension Wise and Money Helper. Before doing anything, you should consult the free services. Any financial adviser worth their salt would recommend this too. 

“These services have begun to have longer wait times, so be sure to book well in advance of when you plan to draw from your pension.”

Decide whether to transfer your pension

Another question that is important for Brits to think about is whether or not to transfer their pension into either a UK-based SIPP for non-residents, or a QROPS (Qualifying Recognised Overseas Pension Schemes).

The SIPP will keep your pension in the UK, while the QROPS moves it out of the UK. 

These options can be helpful for residents in Spain, but you need to familiarise yourself with their benefits and drawbacks.

“The QROPS is not for someone who is unsure of their future, as if you return to the UK within five years of the pension transfer, HMRC will seek their tax back as if it was a full encashment,” Hoffman said.

You should also beware of scams on this subject, as the post-Brexit period saw many scammers seeking to persuade Brits that it was now mandatory to transfer their UK pension – always be wary of any cold-calling or unsolicited financial advice.

Determine how you will draw from your pension

The next factor to consider is how you want to receive your pension – either as regular income or as a lump sum. The option that you chose will have tax implications in Spain.

Generally, the tax rate will depend on the amount of your pension, but can range from 19 to 47 percent in Spain.

Remember that there is no ‘tax-free lump sum’ in Spain, so it’s best that you don’t draw from your pension that way.

Healthcare and Social Security

You won’t automatically be covered for healthcare in Spain if you retire here, because you won’t be working and therefore won’t be paying social security.

Thankfully, there are various options. UK nationals who retire to Spain (and have never worked in Spain) and have already reached the state pension age can apply for the S1. This means that the UK continues to pay for their healthcare costs and they would not be charged social security. Non-working spouses of an S1 holder can also benefit from this.

READ ALSO – Healthcare in Spain: the steps to apply for the S1 form for UK state pensioners

You can also choose to pay for the convenio especial (which translates to ‘special agreement’). This allows foreigners in Spain to pay a monthly sum into the country’s public health system to have access to it, even if they don’t work. To access it, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

Of course, you also have the option of getting private health insurance too.

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