The European Parliament voted against the ban on common forms of outdoor smoking such as that found in outdoor areas of bars, cafes and restaurants. However, the Council of Health Ministers of the Member States rushed to issue the same recommendations regarding outdoor smoking at public transport stops, in playgrounds and in cafés to the Member States, which are not binding and can be followed by any Member State that chooses to do so.
The recommendations to the EU Member States on outdoor smoking bans were proposed by the Central European Commission and approved by the Council of Health Ministers of the countries. These recommendations concern both conventional and alternative electronic “smoking” of vapours, etc.
However, the European Parliament had voted against the same content of restrictions from Community law. The vote in the European Parliament was against the restrictions of the bans with an overwhelming majority of 378 votes against, 152 votes in favour and 26 abstentions. The proposal for the EU directive had been submitted again by the Central European Commission, which immediately afterwards overlapped and opposed the democratic process that prevailed by ignoring it and issued the same content of restrictions in the form of recommendations with the approval of the health ministers of the member states.
The differentiation of electronic cigarettes from conventional ones had been preceded and negotiated in order to exclude them as safer options compared to smoking, resulting in most MEPs disagreeing and even more opposing the restrictions suggested by the committee against the relevant proposed amendments, since the initial proposal intended to cover and include alternative electronic smoking in the same prohibitions concerning combustible tobacco.
Negative reactions were expressed from the right wing of the European Parliament and the Patriots for Europe who voted against the Community directive took the position that the proposed ban is not a competence of the EU instead of the individual member states. The correctness of the ban on outdoor smoking in entertainment and social gathering areas in places where relevant services are provided was strongly questioned.