S.I. No. 187/2004 - European Communities (Recognition of Qualifications in Pharmacy) (Amendment) Regulations 2004

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) as amended by section 1 of the European Communities Act 2003 (No. 38 of 2003) and for the purpose of giving full effect to Council Directive 85/433/EEC¹ to the extent that that Directive has been amended by the Treaty done at Athens on the 16th April 2003, hereby make the following Regulations:

1.  These Regulations may be cited as the European Communities (Recognition of Qualifications in Pharmacy) (Amendment) Regulations, 2004.

2.  These Regulations shall come into force on the 1st day of May, 2004.

3.  The European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987 to 2003 and these Regulations may be cited together as the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987 to 2004.

4.  In these Regulations:

“Treaty done at Athens on the 16th April 2003” means the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union done at Athens on the 16th day of April 2003, in so far as that Treaty relates to the European Communities² .

5.  Section 22A of the Pharmacy Act (Ireland) 1875, (inserted by article 3(b) of the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987 and as amended by the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1991 ( S.I. No. 330 of 1991 ), the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1994 ( S.I. No. 438 of 1994 ) and by the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 2003 ( S.I. No. 352 of 2003 )) is hereby amended by the addition of the following subsections:

“(10).  A person, being a national of a Member State, who is the holder of diploma, certificate or other evidence of formal qualification in pharmacy awarded in, or whose training commenced in, the former Czechoslovakia before 1 January 1993, those diplomas, certificates and other evidence of formal qualifications in pharmacy shall be recognized as being sufficient proof when the competent authorities of the Czech Republic attest that those qualifications have, on its territory, the same legal validity as Czech qualifications in pharmacy as regards access to the activities referred to in Article 1(2) of Directive 85/432/EEC and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in one of the activities referred to in Article 1(2) of Directive 85/432/EEC in the territory of the Czech Republic for at least three consecutive years during the five years prior to the date of issue of the certificate, provided that such activity is regulated in the Czech Republic.

(11).  A person, being a national of a Member State, who is the holder of diploma, certificate or other evidence of formal qualification in pharmacy awarded in, or whose training commenced in, the former Soviet Union before 20 August 1991, those diplomas, certificates and other evidence of formal qualifications in pharmacy shall be recognized as being sufficient proof when the competent authorities of Estonia attest that those qualifications have, on its territory, the same legal validity as Estonian qualifications in pharmacy as regards access to the activities referred to in Article 1(2) of Directive 85/432/EEC and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in one of the activities referred to in Article 1(2) of Directive 85/432/EEC in the territory of Estonia for at least three consecutive years during the five years prior to the date of issue of the certificate, provided that such activity is regulated in Estonia.

(12).  A person, being a national of a Member State, who is the holder of diploma, certificate or other evidence of formal qualification in pharmacy awarded in, or whose training commenced in, the former Soviet Union before 21 August 1991, those diplomas, certificates and other evidence of formal qualifications in pharmacy shall be recognized as being sufficient proof when the competent authorities of Latvia attest that those qualifications have, on its territory, the same legal validity as Latvian qualifications in pharmacy as regards access to the activities referred to in Article 1(2) of Directive 85/432/EEC and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in one of the activities referred to in Article 1(2) of Directive 85/432/EEC in the territory of Latvia for at least three consecutive years during the five years prior to the date of issue of the certificate, provided that such activity is regulated in Latvia.

(13).  A person, being a national of a Member State, who is the holder of diploma, certificate or other evidence of formal qualification in pharmacy awarded in, or whose training commenced in, the former Soviet Union before 11 March 1990, those diplomas, certificates and other evidence of formal qualifications in pharmacy shall be recognized as being sufficient proof when the competent authorities of Lithuania attest that those qualifications have, on its territory, the same legal validity as Lithuanian qualifications in pharmacy as regards access to the activities referred to in Article 1(2) of Directive 85/432/EEC and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in one of the activities referred to in Article 1(2) of Directive 85/432/EEC in the territory of Lithuania for at least three consecutive years during the five years prior to the date of issue of the certificate, provided that such activity is regulated in Lithuania.

(14).  A person, being a national of a Member State, who is the holder of diploma, certificate or other evidence of formal qualification in pharmacy awarded in, or whose training commenced in, the former Czechoslovakia before 1 January 1993, those diplomas, certificates and other evidence of formal qualifications in pharmacy shall be recognized as being sufficient proof when the authorities of Slovakia attest that those qualifications have, on its territory, the same legal validity as Slovak qualifications in pharmacy as regards access to the activities referred to in Article 1(2) of Directive 85/432/EEC and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in one of the activities referred to in Article 1(2) of Directive 85/432/EEC in the territory of Slovakia for at least three consecutive years during the five years prior to the date of issue of the certificate, provided that such activity is regulated in Slovakia.

(15).  A person, being a national of a Member State, who is the holder of diploma, certificate or other evidence of formal qualification in pharmacy awarded in, or whose training commenced in, Yugoslavia before 25 June 1991, those diplomas, certificates and other evidence of formal qualifications in pharmacy shall be recognized as being sufficient proof when the competent authorities of Slovenia attest that those qualifications have, on its territory, the same legal validity as Slovenian qualifications in pharmacy as regards access to the activities referred to in Article 1(2) of Directive 85/432/EEC and practice thereof. Such attestation shall be accompanied by a certificate issued by the same authorities stating that those Member State nationals have effectively and lawfully been engaged in one of the activities referred to in Article 1(2) of Directive 85/432/EEC in the territory of Slovenia for at least three consecutive years during the five years prior to the date of issue of the certificate, provided that such activity is regulated in Slovenia.”.

6.  Schedule 2 of 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—

(a)  the insertion of a fourth column, on right of the Schedule, with the heading “Certificate accompanying qualification”; and

(b)  the insertion in the said Schedule 2 of the entries in respect of the various countries 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 give effect to the amendments of Council Directive 85/433/EEC, concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy, contained in the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union.

The Regulations add the qualifications that are awarded in these Member States to the list of qualifications that are already recognised for the purpose of registration as a pharmacist in this country. The Regulations also set out the procedures to be followed in the case of applicants from some of these Member States where the qualifications in pharmacy that are held do not comply fully with the qualification requirements as are laid down in the Directives relating to pharmacists.

¹Official Journal of the European Communities No. L.253, 24.9.1985, p.37.

²Official Journal of the European Communities No. L.236, 23.9.2003.