S.I. No. 352/2003 - European Communities (Recognition of Qualifications in Pharmacy) (Amendment) Regulations, 2003

I, Micheál Martin, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2001/19/EC¹ (insofar as that Directive concerns the profession of pharmacist) hereby make the following Regulations:

1.   These Regulations may be cited as the European Communities (Recognition of Qualifications in Pharmacy) (Amendment) Regulations, 2003.

2.   The European Communities (Recognition of Qualifications in Pharmacy Regulations, 1987 to 1994 and these Regulations may be cited together as the European Communities (Recognition of Qualifications in Pharmacy Regulations, 1987 to 2003.

3.   Section 22A of the Pharmacy Act (Ireland) 1875, (inserted by article 3(b) of the European Communities (Recognition of Qualifications in Pharmacy Regulations, 1987) is hereby amended by —

(a)  the deletion of subsection (4) thereof;

(b)  the addition of the following subsections:-

“(6)    A person, being a national of a Member State, who is the holder of a diploma, certificate or other evidence of formal qualification in pharmacy awarded in Italy on completion of training commenced before 1^st November 1993 and concluded before 1^st November 2003 shall, in making application under sub-section (1) of this section, produce, together with their qualifications, a certificate stating that for at least three consecutive years during the five years prior to the issue of the said certificate, he or she was effectively and lawfully engaged in one of the activities referred to in Article 1(2) of Council Directive 85/432/EEC insofar as such activity is regulated in Italy.

(7)     In respect of a national of a Member States whose diploma certificate and other evidence of formal qualification in the field covered by Council Directive 85/433/EEC does not correspond to a name listed for that Member State in Schedule 2 to this Act, the said diploma, certificate and other evidence of formal qualification awarded by the Member States when accompanied by a certificate issued by the competent authority or body for that Member State shall be recognised as providing sufficient proof of the holding of a qualification entitling him or her to be registered as a pharmaceutical chemist. The said certificate shall state that the diploma, certificate and other evidence of formal qualification has been awarded on completion of education and training that complies with the provisions of the aforementioned Council Directive and is treated by the awarding Member State as being equivalent to that qualification which is named in the said Directive for that State.

(8)      The Council of the Pharmaceutical Society of Ireland (hereinafter in this section referred to as “the Council”) shall, in considering an application under this section to be registered as a pharmaceutical chemist, examine diplomas, certificates and other evidence of formal qualifications in the field covered by Council Directive 85/433/EEC obtained by the holder outside the European Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Council shall give its decision in respect of the application within three months of the date on which the applicant submits his application together with full supporting documentation.

(9)     Where an application under this section is rejected, the Council shall duly give to the applicant the reasons for its decision.”.

4.   Schedule 2 of the Pharmacy Act (Ireland) 1875, (inserted by article 3(c) of the European Communities (Recognition of Qualifications in Pharmacy Regulations, 1987 as amended by the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1991 ( S.I. No. 330 of 1991 ) and by the European Communities (Recognition of Qualifications in Pharmacy Regulations, 1994 ( S.I. No. 438 of 1994 )) is hereby amended by the substitution in the said Schedule for the entries in respect of the various countries specified in the Schedule to these Regulations of the entries specified in the Schedule to these Regulations.

Schedule

Diplomas, certificates and other evidence of formal qualifications in pharmacy

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to implement Direction 2001/19/EC of the European Parliament and of the Council (of 14^th May 2001) insofar as it amends Council Directives 85/432EEC and 85/433/EEC concerning the profession of pharmacist.

The Regulations, inter alia, update the list of qualifications in pharmacy that are recognised for the purpose of free movement within the European Community regularise the position of pharmacists holding qualifications from other Member States the titles of which do not correspond with any of the titles listed in the Schedule and, in cases where applications are rejected, require that the reasons be given.

¹ Official Journal of the European Communities L206, 31.07.2001, p1.