New bill on smoking in Macedonia expected to enter into force on March 1

Sixteen years after the first law on protection from tobacco was adopted, new amendments are expected to be reviewed by lawmakers. Their implementation was scheduled to begin on March 1, but was postponed following numerous reactions from the restaurant and tobacco industries. Fines of up to 300 euros for individuals and up to 5,000 euros for companies that violate the provisions are envisaged. The main aim is to reduce the country’s high smoking rate.

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The bill, approved by the government at the beginning of June, introduces stricter measures on tobacco use. The initial version envisaged a complete ban on smoking in cafés, restaurants, bars, public transport, public, educational and cultural institutions, as well as in the common areas of residential buildings. The only exceptions would have been balconies and open terraces outside business premises, as well as open clubs and discos where the space was open on at least three sides.

During the drafting of the final version, some of these provisions were eased following pressure from the public and the business sector. Thus, instead of three open sides, terraces will be required to have two open sides, a rule that will begin to apply one year from now. The government also abandoned its proposal to ban the import of all flavors for electronic devices.

The law does not ban the production, import, export or sale of tobacco products and electronic devices, but imposes strict restrictions on their use. Smoking will be completely banned in enclosed public and business premises. Smokers must remain at least 20 meters away from such institutions, while smoking in a vehicle will be prohibited when a child is inside.

The measures also cover bus and train stations, open-air markets, and other public institutions and spaces. The ban will apply not only to traditional cigarettes but also to electronic cigarettes. Their use will not be permitted in public institutions, private companies, educational institutions, markets and areas with large concentrations of people.

The issue of banning smoking indoors returned to the center of the debate in September, when Parliament proposed an amendment to create designated areas for smokers. Seven months after the deadline announced for implementation in March, the bill is in its second reading before the Health Committee. Among the proposals submitted is the creation of “smoking rooms” in hospitality establishments, private companies and institutions.

The Ministry of Health opposes this possibility, arguing that it could be used to circumvent the new restrictions. Health Minister Sasho Klekovski said the proposal for separate rooms had been part of the discussions, but that the institution he leads had issued a negative opinion. “This is the essence of the law—smoking is prohibited in enclosed spaces,” Klekovski said, arguing that separate rooms would undermine the bill’s main objective.

“Essentially, smoking rooms exist in some places, but they use such technical and technological solutions—I would say negative pressure—that we are not able to achieve that even in our operating theaters, let alone in a restaurant or another space. I believe we had a productive dialogue with the catering sector and other interested parties, and once we have their support, we believe this is the optimal solution. We need to communicate with Parliament so that it can pass through three committees and be put to a plenary session for approval,” he said.

According to health authorities, the initiative aims to protect citizens from the harmful effects of smoking and reduce treatment costs. Restaurant terraces will have one year to adapt so that they are open on at least two sides.

Parliament announced that, in addition to the position of the World Health Organization, lawmakers had also requested assessments from local experts, as well as from companies and businesspeople involved in the production of tobacco products. After these opinions are received, the responsible committee is expected to continue reviewing the bill.

The latest version allows smoking on specially adapted terraces with two open sides and an open roof, as well as separate access for non-smokers. Thus, compared with the initial proposal for a complete ban in hospitality establishments, the current text regulates the use of tobacco products and electronic devices without banning their production, import, export or sale. (koha.mk)


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