The ferocity of anti-tobacco measures varies widely among member-states,writes Tim King in Brussels.
Ireland's proposed smoking ban would go further than any other EU member-state. Only Sweden and Finland have demonstrated a similar degree of readiness to legislate against tobacco.
The World Health Organisation's 2003 report on tobacco control noted approvingly that some European countries were strengthening legislation on advertising, age restrictions and smoke-free environments, but it identified the variations in tobacco-control policies as a cause of concern.
In addition, the extent to which legislation is enforced can vary greatly. Mr Andrew Hayes, of the Association of European Cancer Leagues, said that although legislation might exist in theory, in some countries it was poorly implemented or policed. He had repeatedly observed a failure to protect non-smokers in restaurants in Strasbourg, ironically when he was there to follow the European Parliament's debates on tobacco.
"It takes quite a lot of gall for consumers to challenge restaurant owners," he said.
In France, la loi Evin was passed in 1991. In theory it restricts advertising, requires health warnings on cigarette packets and restricts smoking in schools and universities and on public transport. All but the smallest restaurants are required to designate non-smoking zones. The French government claimed in 2001 that la loi Evin had saved tens of thousands of lives.
The French anti-cancer league, however, has argued that the law is not observed and that signs and ventilation are inadequate. In a study of 83 restaurants in the Hauts-de-Seine, only 10 per cent met the requirement to have at least half of seats reserved for non-smokers. France's legislation, though, is strict compared with some other EU countries.
According to the WHO, even smoking in hospitals is not regulated by German law, nor is smoking in restaurants, bars or nightclubs. Germany still has a high smoking rate: 39 per cent of the adult male population and 30.6 per cent of adult females are smokers. The comparable figures for France are 33 per cent and 21 per cent and for Ireland 32 per cent and 31 per cent.
Along with Germany, Greece has been the fiercest opponent of EU legislation against tobacco. In Greece, 47 per cent of adult males and 29 per cent of adult females are smokers. Greek law does not restrict sales to minors, sponsorship or promotion to certain audiences. However, there are now bans on smoking in schools and hospitals and restrictions on smoking on public transport.
In Italy, there is theoretically a ban on smoking in government buildings but smoking in restaurants is unregulated. Spain has restrictions, rather than a ban, on smoking in government buildings but similarly leaves restaurants and bars unregulated.
Further north, the rules are much tighter and more strictly applied. Finland and Sweden have banned smoking in government buildings, private worksites, schools and hospitals and on public transport and have restricted smoking in restaurants and bars. Sweden also has a ban on smoking in other public places.
The ferocity of anti-tobacco measures varies widely among EU countries because, for the most part, health issues are the preserve of national rather than European legislators.
Mr David Byrne, the European Commissioner for Health and Consumer Protection, is looking to do more to legislate at a European level against smoking but his powers are restricted.
The European Commission's first attempt at a ban on tobacco advertising was justified as a measure to preserve the EU's single market. Its legal validity was challenged in the European Court of Justice by Germany and the ban had to be watered down. The EU then passed legislation setting uniform requirements for health warnings on cigarette packets and restricting the levels of harmful additives.
The law is supposed to take effect at the end of September but only last month Mr Byrne announced that he was taking legal action against Austria, Italy and Luxembourg for failing to transpose the EU directive into national law.