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Moldova implements stricter smoking restrictions and penalties

Stricter restrictions for smokers. The government has voted on a project concerning tobacco control. Consequently, smoking, including the use of electronic cigarettes, will be banned in all open public spaces.

This includes areas near public transport stops, café and restaurant terraces, and recreational areas. The new anti-smoking restrictions have provoked a strong reaction from the HoReCa sector, which deems these measures excessively stringent and challenging to enforce.

The legislative changes are intended to protect the population, particularly youth and children, from the harmful effects of tobacco, stated Health Minister Ala Nemerenco. "The changes will extend smoking bans to public spaces, including electronic cigarettes, and increase penalties for selling tobacco products to minors. To prevent minors from accessing tobacco products, there will be new bans on advertising and promoting these products and on depicting their use in video, audio, TV programs, and computer games," Nemerenco explained.

Public policy expert Aneta Zasavițchi criticised these legislative changes, noting that "while the law's intention is positive, the absence of clear implementation mechanisms poses significant problems for economic agents in the sector."

Aneta Zasavițchi also noted that the penalties outlined in the law are disproportionate, primarily impacting economic agents and responsible staff at public catering establishments, while smokers themselves face far lighter penalties. "This is the strictest law in the European Union on this matter, and I see no rationale for these restrictions while the state continues to permit the sale of tobacco products to individuals over 18 years old," she emphasised.

Conversely, some argue that the legislative changes should be stricter, particularly regarding smoking among minors. They also contend that electronic cigarettes are equally harmful and that their use in public spaces is troubling.

On the other hand, authorities offer a different perspective, defending the proposed changes. "These proposals are essential for fully aligning with European Union legislation and meeting Moldova's obligations under the Framework Convention on Tobacco Control," explained Ion Șalaru, Deputy Director of the National Public Health Agency (ANSP). He noted that the proposed regulations clarify and expand the areas where smoking is banned, covering all tobacco products, from regular cigarettes to electronic cigarettes and hookahs.

Ion Șalaru also emphasised that a key objective of this law is to protect everyone’s right to a smoke-free environment, including non-smokers. "Over 70% of the population of Moldova does not smoke, and it is our duty to ensure that they, as well as smokers and their families, have access to a healthy environment," he stated.

Those who violate the anti-smoking law in Moldova will face severe penalties under the proposed changes. Individuals who smoke in prohibited areas may be fined up to 2,250 lei or required to perform unpaid community service. Economic agents and legal entities face even higher fines, up to 15,000 lei, and may be barred from conducting certain activities for periods ranging from 6 months to one year. The legislative changes will be implemented gradually, beginning 3 months from the date of publication in the Official Gazette and extending until 2027 for new labelling requirements on products and packaging.

Translation by Iurie Tataru

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