The Law on Protection Against Smoking (“Official Gazette of the Republic of Macedonia” Nos. 36/1995, 70/2003, 29/2004, 37/2005, 103/2008, 140/2008, 35/2010, 100/2011, 157/2013 and 51/2018), which is in force, regulates the protection of citizens against the harmful effects of smoking tobacco and other tobacco products, the preservation of a healthy environment, the prohibition of smoking in public premises, and the ban on advertising of cigarettes.
Article 2 of the Law on Protection from Smoking lists the premises that are considered public premises in accordance with the provisions of the law.
Article 3 of the Law states that smoking is prohibited on public premises listed in Article 2 of this Law. Smoking shall be permitted exclusively outside the business facility (terrace, summer garden, and similar), provided that the area is covered and open on at least three sides without any enclosures (glass, foils, plasticized or nylon partitions, and similar), or in an open area that is not covered by awnings, umbrellas, and similar, but is laterally enclosed (open-air discotheques, terraces, summer gardens, and similar). In accommodation facilities, rooms for smokers may be designated, provided they do not exceed 30% of the total capacity of the facility.
The Law on Amending the Law on Protection Against Smoking (“Official Gazette of the Republic of Macedonia” No. 51/2018), deletes Article 2, paragraph 1, indent 5. Specifically, “the area outside the business facility, intended, arranged, and equipped for providing catering services, which contains additional equipment (roofs, walls, glass, foils, plasticized or nylon partitions, and similar) by which the area is enclosed on all sides, thereby becoming an enclosed space,” is no longer deemed as a public premise.
Furthermore, Article 3, paragraph 1, is amended to read as follows: “Smoking is prohibited in the public premises referred to in Article 2 of this Law. Smoking shall be permitted exclusively outside the business facility (terrace, summer garden, and similar).”
The aforementioned changes allow smoking in public spaces and catering facilities in areas that can be defined as a terrace, summer garden, and the like.
In January 2026, the Ministry of Health submitted a new Draft Law on Protection Against Smoking, on the grounds that it shall contribute to the protection of the population from the effects of environmental tobacco smoke and the consequences of the consumption of tobacco and other nicotine-containing products, while further regulating the rights and obligations of citizens, entrepreneurs, and legal entities, as well as the competences of state bodies and local authorities regarding the enforcement of the Law.
The new Draft Law regulates protection against the harmful effects of smoking tobacco and other products containing tobacco and nicotine, the protection of the population from exposure to environmental tobacco smoke, the prohibition of smoking in public and work premises, the ban on advertising and promotion of tobacco and nicotine-containing products, the prohibition of sponsorship of activities by the tobacco industry, the display and exhibition of tobacco and other tobacco and nicotine-containing products, as well as delivery systems (devices) for the consumption of tobacco and nicotine, and preventive measures for raising public awareness and support for tobacco cessation.
Article 2 of the Draft Law defines terms that describe in further detail the expressions “smoking”, “tobacco and nicotine delivery systems” – electronic or other devices intended for the consumption of tobacco, “smoking accessories”, “passive smoking”, “facility”, “public transport”, “workplace”, etc.
Article 3, paragraph 1 of the Draft Law lists all places/facilities where smoking of tobacco and other products containing tobacco and/or nicotine is prohibited, as well as the use of tobacco and nicotine delivery systems or smoking accessories.
Article 3, paragraphs 5 and 6 of the Draft Law set forth the exceptions to Article 3, paragraph 1, stipulating where the smoking of tobacco and other products containing tobacco and/or nicotine, as well as the use of tobacco and nicotine delivery systems or smoking accessories, shall be permitted.
Furthermore, Article 8, paragraph 1 of the Draft Law states that the sale of tobacco and other products containing tobacco and/or nicotine, as well as tobacco and nicotine delivery systems, is prohibited to people under the age of eighteen (18). Chapter VI. PENAL PROVISIONS specifies the fines to be imposed on natural and legal people who act in contravention of the provisions of this Law.
In view of the aforementioned, it can be established that the new Draft Law provides for more stringent measures compared to the Law currently in force in the Republic of North Macedonia.
Namely, the Law on Protection Against Smoking currently in force on the territory of the Republic of North Macedonia focuses on traditional tobacco products, whereas the new Draft Law fully equates tobacco products with electronic or other devices intended for nicotine consumption.
The new Draft Law prohibits smoking in facilities/catering establishments, with the exception of those that are open on at least three sides and are not partitioned with glass, foil, plastic, and similar materials. Furthermore, smoking is prohibited in facilities and vehicles that constitute workplaces, in all types of public transport (including road, rail, air, and water transport, cable cars, and ski lifts), at urban and suburban public transport stations, and in private vehicles in the presence of a minor.
Furthermore, Article 7 of the new Draft Law prohibits or further restricts the retail sale of tobacco products, electronic cigarettes, and accessories, in contrast to the Law on Protection Against Smoking currently in force, which allows for easier accessibility to said products.
The new Draft Law on Protection Against Smoking is expected to enter into force on March 1, 2026, if it is enacted by the Assembly of the Republic of North Macedonia.