Protection against smoking: Bill no. 1104 amending Law 1.346 of 9 May 2008

Government Bill no. 1104 amending law no. 1.346 of 9 May 2008 on protection against smoking, received by the Parliament on 16 October 2024, tabled in Public Session on 17 October 2024 and referred to the Commission for Social Interests and Miscellaneous Affairs (CISAD), was passed on 15 May 2025.

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Presentation

The Government's approach is in line with that of the National Council, which on 17 October 2024 adopted the draft law no. 264 prohibiting the sale and consumption of single-use electronic vaping products (commonly known as "puff"), tabled on 27 June 2024.

Taking into account the changing international context relating to the tobacco market, the Government is aligning the development of its regulatory policy, including Sovereign Order no. 9.124 of 25 February 2022 and Bill no. 1104, with the public policies of the Member States of the European Union (EU) on the manufacture, presentation and sale of tobacco products and related products (Directive 2014/40/EU consolidated on 23 October 2023).

The planned reform goes "beyond the health issue alone (...) more broadly (...) as part of an approach to social and environmental responsibility". (Explanatory memorandum to Bill no. 1104)

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SUMMARY

The main thrusts of the reform amending Law no. 1.346 of 9 May 2008 (L.), bringing legislation into line with changes in the tobacco market, covering all tobacco and related products, with or without electronic devices:

→ Strengthening the protection of minors:

• legal age raised (from 16 to 18);
• extension of bans on sales and offers to minors, whether in return for payment or free of charge, in tobacconists, all shops and places of entertainment to all tobacco and tobacco-related products, with or without electronic devices, with the sole exception of products intended for medicinal use.
• ban on the consumption of tobacco or related products, with or without electronic devices, including snuff and products for oral use, in establishments intended for minors (CISAD amendment in view of the ‘alarming consumption habit’ of nicotine pouches and pearls);
• information on the use of tobacco products and related products, with or without electronic devices, provided by schools;
• ban on the sale, distribution and offer, whether in return for payment or free of charge, of confectionery and toys intended for children that look like a tobacco product or an electronic device.

→ Extension of the ban on smoking or consuming tobacco or tobacco-related products, with or without an electronic device, depending on the location:

• arranged: possibility of setting up areas reserved for consumption on coastal beaches, and when they are not located in an enclosed and covered area, on the beaches of private swimming pools used for professional or associative activities and the beaches of public swimming pools, with a ban on minors being present in these areas. With the prior authorisation of the Minister of State, in compliance with the rules laid down by Ministerial Order.
• general: commercial premises, public transport, public play areas for minors, vehicles in the presence of minors.
• The ban on the consumption of snuff and products for oral use only concerns establishments intended for minors, with CISAD noting "the importance of allowing adults to continue consuming products for oral use, which are a substitute for tobacco and related products, and are often part of a therapeutic approach".

→ Forbidden to manufacture, sell, distribute or offer disposable electronic devices ("puffs") in the Principality, whether for a consideration or free of charge.

→ Forbidden to sell, distribute or offer tobacco products, related products, electronic devices and accessories (for purposes of efficient use, decoration, transport, personalisation, cleaning, refilling, etc.) directly related to them by means of a vending machine, whether in return for payment or free of charge;

→ Forbidden to sell, distribute or offer, acquire remotely said products and accessories directly related to them, within, to or from Monegasque territory, whether in return for payment or free of charge. Products, devices and accessories present in postal parcels or in parcels forwarded by express freight companies will be presumed to be the subject of prohibited transactions. These provisions do not apply to the Régie des Tabacs et Allumettes.

→ New criminal penalties and tougher penalties for existing offences.

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