S.I. No. 330/1991 - European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1991

S.I. No. 330 of 1991.

EUROPEAN COMMUNITIES (RECOGNITION OF QUALIFICATIONS IN PHARMACY) REGULATIONS, 1991

The Minister for Health, in exercise of the powers conferred on her by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby makes the following Regulations:

1. These Regulations may be cited as the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1991.

2. Section 22A of the Pharmacy Act (Ireland), 1875 (38 & 39 Vict., c.57), inserted by article 3 (b) of the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987 ( S.I. No. 239 of 1987 ), is hereby amended by the substitution of the following subsection for subsection (1) thereof—

"(1) Every person, being a national of a Member State of the European Economic Community, on making the prescribed application and on paying the prescribed fee and who at the time of such application holds any diploma, certificate or other evidence of formal qualifications in pharmacy awarded in accordance with article 2 of Council Directive 85/432/EEC—

( a ) which is specified in Schedule 2 of this Act;

or

( b ) which, being not so specified, is accompanied by a certificate, issued by the competent authority in the Member State in which the said formal qualification was granted, stating that the qualification attests to training conforming to the provisions of article 2 of Council Directive 85/432/EEC and is treated by the said competent authority as if it were a qualification specified in relation to that Member State in Schedule 2 to this Act;

— shall be entitled under this Act to be registered as a pharmaceutical chemist".

3. Schedule 2 to the Pharmacy Act (Ireland) 1875, (inserted by article 3 (c) of the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987), is hereby amended by the substitution of the following sub-paragraph for sub-paragraph (2) of paragraph 4—

"(2) Diplomas, certificates and other university or equivalent qualifications in pharmacy which attest to training received by nationals of the Member States on the territory of the former German Democratic Republic and which do not satisfy all the minimum training requirements laid down in article 2 of Council Directive 85/432/EEC shall be treated as diplomas satisfying these requirements if—

( a ) they attest to training which commenced before the 3rd day of October, 1990; and

( b ) they are accompanied by a certificate issued by the competent German authorities stating that—

(i) they entitle the holder to pursue the activities of a pharmacist throughout the territory of Germany under the same conditions as the qualifications specified in sub-paragraph (1) of this paragraph; and

(ii) the holder has effectively and lawfully been engaged in Germany in one of the activities (being an activity which is regulated in that State) referred to in paragraph 2 of Article 1 of Council Directive 85/432/EEC for at least three consecutive years during the five years preceding the award of the certificate".

4. Section 2 of the Pharmacy Act, 1962 (No. 14 of 1962) is hereby amended by the substitution of the following subsection for subsection (3A) (inserted by article 4 of the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987),—

"(3A) In this section the expressions "authorised person" and "registered pharmaceutical chemist" shall not include a person registered by virtue of section 22A of the Pharmacy Act (Ireland), 1875 (38 & 39 Vict., c.57) acting in respect of a shop for the dispensing or compounding of medical prescriptions or for the sale of poisons where such shop has been in operation for less than three years".

GIVEN under the Official Seal of the Minister for Health this 16th

day of December, 1991.

MARY O'ROURKE,

Minister for Health.

EXPLANATORY NOTE.

The purposes of the Regulations are to give effect to Council Directive 90/658/EEC, introduced as a consequence of German reunification and to amend Section 2 of the Pharmacy Act, 1962 (No. 14 of 1962) to further clarify, in accordance with Directive 85/433/EEC, the definition of an authorised person in the context of new pharmacies.