German smoking ban to go into effect

  • Published
  • By Petra Lessoing
  • 435th Air Base Wing Public Affairs
RAMSTEIN AIR BASE, Germany --  In most German states, smoking in restaurants, pubs, discotheques, movie theaters, schools, hospitals and public institutions is prohibited as of Jan. 1. The states of Baden-Wuerrtemberg, Mecklenburg-Vorpommern, Niedersachsen and Hessen implemented the non-smokers protection law last year already.

Here in Rheinland-Pfalz and in the state of Saarland, the law will come into effect Feb. 15. Initially the plan was to implement the law in November 2007. But with regards to heavy monetary losses for the carnival associations, it was postponed until after Fasching season.

There will be exceptions: in restaurants that can provide a separate room for smokers, smoking still is allowed. But, these rooms have to be smaller with less seats than the others. This regulation is not valid for discotheques; here smoking is prohibited.
Smoking in fest tents will still be allowed in Rheinland-Pfalz, whereas in Bavaria it won't, although most fest tents can be found at the October fest in Munich.
Thueringen is the last state in Germany out of the 16 total to start applying the law in July.

The different states have different regulations regarding exceptions. Before lighting a cigarette, smokers should ask to be safe or look if there is a no smoking sign.
Fines will get charged after a transition period. Guests will get charged up to 100 Euro;  hosts, restaurant, pub and club owners will have to pay fines of up to 1,000 Euro.
In Ireland, Italy and Spain the no smoking law is in effect for a while already. In Belgium, it was implemented last year. 

COURT UPDATE
The Superior Administrative Court in Koblenz determined in an urgent court decision that smoking will still be allowed in small restaurants and pubs, if they are run by the owner, without any other employees, and if they don't have a second room. The entrance to these places will state that smoking is allowed. 
Judges agreed that owners who submit a complaint could possibly lose a lot of money, and that the smoking ban would infringe upon their property and their choice of employment. The judges will allow a grace period in the state of Rheinland-Pfalz until the matter will be decided on in a general court procedure.