Is the EU really cracking down on smoking in Germany?

Anyone who's spent time in Germany will know that smoking remains a popular pastime for many, with people lighting up on streets, cafe terraces, in underground stations and even inside some pubs.

New research by the European Commission on attitudes to tobacco found that nearly a quarter (24 percent) of the German population still smokes, with the same proportion recorded in Spain and Italy. The highest number of smokers are in Bulgaria where 37 percent of the population is said to light up, and Greece (36 percent). The country with the least number of smokers is Sweden with eight percent. 

But the EU Commission now wants to take action. It recently published a plan to "extend smoke-free environments" in a bid to better protect against passive smoking. It essentially involves taking the indoor smoking bans and expanding them to cover areas including reportedly outdoor spaces at bars and restaurants, transport stops, outdoor areas of workplaces, public playgrounds, swimming pools and zoos. 

Does Germany even have an indoor smoking ban?

It's a good question because the rules are confusing. Germany does have an indoor smoking ban although it appears to be far more relaxed than most other western countries.

In July 2007, the federal government passed a new law to protect non-smokers. In it, it urged states to establish their own rules for smoking in pubs. 

In the likes of Bavaria, North Rhine-Westphalia, and Saarland you can’t smoke in any pubs or restaurants.

But in other states, although there are regulations, it's much more relaxed and it’s still possible to smoke in some restaurants, bars, clubs and other public spaces.

Foreigners who come to Berlin, for instance, are often surprised to find that smoking cigarettes indoors is an accepted part of the nightlife culture.

READ ALSO: Why does Germany still have such lax rules on smoking?

So what is the Commission's plan?

The plan calls on EU countries to;

• extend the coverage of smoke-free policies to key outdoor areas, including outdoor recreational areas for children such as public playgrounds, amusement parks and swimming pools, as well as public buildings and transport stops and stations
• extend smoke-free policies to emerging products such as heated tobacco products and electronic cigarettes, which increasingly reach very young users. The World Health Organisation recently highlighted the negative effects of exposure to second-hand emissions from these products, including significant respiratory and cardiovascular problems

This is the latest part of the Beating Cancer Plan, which sets the goal of creating a ‘Tobacco-Free Generation' by 2040, where less than five percent of the population uses tobacco. The EU says that each year, 700,000 people lose their lives due to tobacco consumption, with tens of thousands of deaths linked to second-hand smoke.

However, the EU's regulations are not legally binding and it will be up to member states to implement them if they decide to, or they can simply ignore them. 

A person lighting a cigarette. Photo by lil artsy/Pexels

What's the reaction from Germany?

Following the EU's proposal, the extension of the smoking ban is being hotly debated in Germany.

The Social Democrats (SPD) and Greens, who are currently in the ruling coalition government with the Free Democrats (FDP), support the plan.

"No one should be involuntarily exposed to the harmful smoke from cigarettes, e-cigarettes and other vapour products," SPD health politician Dirk Heidenblut told German media outlet RND. "It therefore makes sense to impose a general ban on smoking and vaping wherever children, young people and adult non-smokers have to spend time."

Heidenblut argued in favour of implementing the EU Commission's latest recommendations into national law in Germany. 

Greens' consumer protection expert Linda Heitmann said that more protection against passive smoking was needed. 

"I am campaigning for this together with my parliamentary group," she said regarding the EU's plan. "I am also fighting to ban flavours for e-cigarettes from the market, as they smell and taste sweet and therefore have a considerable potential to be used."

Meanwhile, others think it encroaches too much on people's freedom. 

Hesse's European Affairs Minister Manfred Pentz, of the CDU, said the EU's plan "simply goes too far". He added: "The EU has long been criticised for interfering in too many areas of life. Open-air smoking bans definitely belong in this category. Even if we put up no-smoking signs everywhere. We can't enforce that effectively, nor should we want to."

OPINION: Why can't Germany cut out its smoking habit?

So will Germany ever change its smoking culture?

It will be interesting to see whether more action will be taken to limit smoking in public areas, considering Germany's slow pace on this topic. 

Germany become the last EU member state to ban billboard advertising for tobacco products in 2022, followed by a ban on tobacco heater smoking devices in 2023. At the start of 2024 it became illegal to advertise e-cigarettes.

Another dimension of the smoking culture is that consuming cannabis became legal in Germany this year, although there are strict rules around how to acquire it and where people can smoke.

READ ALSO: Is Germany ready for the arrival of cannabis clubs?