Austria will introduce a partial smoking ban in bars and restaurants on January 1, 2009, but with half measures and special allowances, critics are doubtful it will make much difference to existing habits.

Under the new law, which was rushed through parliament just before it was dissolved in July ahead of snap elections, establishments under 50 square metres (540 square feet) will be able to choose whether to accept smokers or not.

And two thirds of pubs, clubs and cafes have said they will continue to allow smoking, according to the latest survey by the Austrian chamber of commerce (WKOe).

Bigger establishments that do not wish to become entirely smoke-free will have to turn at least 50 percent of their surface into protected no-smoking areas.

But those between 50 and 80 square metres can escape required partitioning on architectural, security or conservation grounds, and 38.4 percent said they would seek an exemption from the authorities, meaning they will likely remain open to smokers, the WKOe found.

Those that do plan a partition will have until July 1, 2010 to do so and can continue to allow smoking until then.

"A lazy compromise," the daily Salzburger Nachrichten said of the new legislation, noting that "almost nobody is happy with this law: smokers feel restricted and non-smokers poorly protected."

The newspaper Kurier accused the former government, which passed the law, of "bending its knees before the tourism and gastronomy sectors."