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Letter to the 51 Members of the Greek Parliament participating at the Parliamentary Commission of Social Affairs


Athens, 14 July 2010

Subject: Detailed proposals of Nosmoke.gr concerning the Final Draft Law on the “Upgrade of 
the National Health System and other provisions of the Ministry of Health and Social Solidarity”


Honorable Member of the Parliament,

The Legal Advisor Team of Nosmoke.gr has in detail investigated the above mentioned Final 
Draft Law and sends to you its observations and remarks. Our only objective is the prevention 
and reduction of smoking in our country for the common interest.

We suggest the following additions and modifications:

- While in paragraph 11 of the relevant article of the Draft Law (1/7/10) the police authorities 
were also foreseen, the paragraph 10 of the relevant article of the submitted Final Draft Law the 
expression “policy and” is missing. We ask to restore it.

- In paragraph 3 of the relevant article the term “exclusively” shall be added at the expression 
“exempted the interior of points of sales of tobacco products”, namely to be modified as “points 
of sales exclusively of tobacco products”. This for obvious purposes, i.e. in order to forbid 
advertising in the interior of stores, which are often visited by teenagers buying refreshments, 
chocolates, magazines etc

- In paragraph 6 of the relevant article of the Final Draft Law shall be clarified that the 300 m2 
concern the main areas, namely to write “over than 300 m2 of main areas”. This, in order to 
make clear which premises belong to the exception and which not (to avoid to achieve a surface 
of 300 m2 after addition of the main and secondary areas)

- At the same paragraph the date of starting the implementation of the law 1/06/2011 shall be 
changed to 1/01/2011

- The Ministerial Decision foreseen at the end of paragraph 6 does not have any sense. If the 
Ministry does not explain what really means by the term “compliance during the transition period” 
(of 9 months), it is better to remove this term because it also offers an opportunity for the 
introduction of exceptions not concerning casinos, music restaurants and other music and 
entertainment centers.

- In paragraph 10 between the competent authorities for the control of the implementation of the 
present law shall be added “the competent authorities for delivering operation permits to the 
places of the first paragraph of article 3”, or more restrictively but specifically “the municipal and 
communal services authorised to deliver operation permits to premises of sanitary interest”. As 
after the fourth or fifth relapse the operation permit is withdrawn (revoked) by the authority having 
delivered the permit, why this authority would not have the competence to control the 
implementation of the legislation on tobacco?

- In paragraph 10 after the sentence “competent authorities for the control of the implementation 
of the present law”, the sentence “as well as the existing legislation, European and national, for 
the protection from tobacco and alcohol”. As many prohibitive and restrictive decrees 
concerning smoking (see public services, Health places, educational institutions and other) are 
part of other legal acts (sanitary decrees) and not in the Law 3730/2008, such an additional 
sentence would give to the municipal and port authorities the competence to control also these 
legal acts (Health Directions are anyway competent for the control of the implementation of the 
sanitary decrees).

- At the end of paragraph 10 the sentence: “The state controllers in charge with the control of the 
implementation of the legislation concerning smoking prohibition, have the obligation to perform 
controls even in case of submitted anonymous written complaints concerning breaches of 
legislation”. Alternatively, “The state controllers in charge with the control of the implementation 
of the legislation concerning smoking prohibition have the obligation to not reveal the data of 
complainants addressing breaches of this legislation”. Alternatively, “The state controllers in 
charge with the control of the implementation of the legislation concerning smoking prohibition 
have the obligation to perform controls even in case of complaints submitted by a representative 
of a legal person, in particular of a Non Governmental Organisation”.

- In paragraph 12 the sentence “the level of the fines” should be deleted as being useless, 
because the level of fines is directly established by the law.

- In the case b) of the paragraph 1 of the article 2 of the Law  3730/2008 the word “except” shall 
be replaced by the sentence “except the interior”. This, in order to avoid the installation of shop 
windows with cigarettes at the exterior of kiosks.

- In the case d) of paragraph 1 of the article 3 of the Law 3730/2008 the sentence “excepted the 
places which will especially dedicated to smokers”. Alternatively, this sentence should be 
modified as follows: “excepted the places especially arranged for smokers, which will be 
completely separated from the other places of the airports and which shall have specific 
installations for their ventilation”. 

- Establishment of a scale of fines, according to the relapses observed: not simply 500 to 
10.000 euros.

- The labeling shall be compulsory: Big size posters on smoking prohibition in the premises of 
sanitary interest.

- Prohibition of the advertising of tobacco sales even in the interior of premises when it is visible
Technical legal observations:

- In the paragraph 1 the “Direction of addictive substances” shall be changed to “Direction of 
addiction”, otherwise there is contradiction with the other parts of the text where the Direction of 
Addiction  is continually mentioned

- At the end of the paragraph 3, the year of the Ministerial Decision deciding the end of 
application of the clause c) of the article 1 shall be mentioned, otherwise it will be not clear 
which Ministerial Decision is concerned.

- In paragraph 5 the number of the paragraph (obviously 1) shall be mentioned.

- In paragraph 6 the number of the new paragraph (obviously 2) shall be mentioned.

- In paragraph 10 the words “competent for” shall be added and before the word “control”

Finally, we suggest the immediate starting of the preparation of the foreseen Ministerial 
Decision, in order to send the Circular in time to all the state controllers and to start the 
implementation of the law.

Faithfully,

Alexandros Fotinos
President of Nosmoke.gr   

Dimitrios Diamantopoulos
Legal Advisor of Nosmoke.gr