S.I. No. 377/2013 - European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2013.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th October, 2013.

I, JAMES REILLY, Minister for Health, 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 further effect to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051 , as amended by Council Directive 2013/25/EU of 13 May 20132 (insofar as those Directives concern the profession of pharmacist), hereby make the following regulations:

1. These Regulations may be cited as the European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2013.

2. In these Regulations—

“Act” means the Pharmacy Act 2007 (No. 20 of 2007);

“Regulations of 2008” means the European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No. 2) Regulations 2008 ( S.I. No. 489 of 2008 ).

3. The Act is amended by substituting for section 16(4)(a)(iv) (as inserted by Regulation 4 of the Regulations of 2008) the following:

“(iv) that he or she holds a formal qualification as a pharmacist issued by the former Yugoslavia, or that his or her training commenced—

(I) for Slovenia, before 25 June 1991, or

(II) for Croatia, before 8 October 1991,

where the authorities of the aforementioned Member States attest that such evidence of formal qualifications has the same legal validity within their territory as the evidence of formal qualification which they issue in respect of access to the professional activities of a pharmacist, as referred to in Article 45(2) of the Professional Qualifications Directive, and the pursuit of such activities; or”.

4. Section 16(8) (as amended by Regulation 6 of the Regulations of 2008) of the Act is amended by substituting for the definition of “Professional Qualifications Directive” the following:

“‘Professional Qualifications Directive’ means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051, as amended by Council Directive 2006/100/EC of 20 November 20063 , Commission Regulation (EC) No. 1430/2007 of 5 December 20074 , Commission Regulation (EC) No. 755/2008 of 31 July 20085 , Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20086 , Commission Regulation (EC) No. 279/2009 of 6 April 20097 , Commission Regulation (EU) No. 213/2011 of 3 March 20118 , the Act concerning the conditions of accession of the Republic of Croatia9 , Commission Regulation (EU) No. 623/2012 of 11 July 201210 and Council Directive 2013/25/EU of 13 May 20132;”.

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GIVEN under my Official Seal,

2 October 2013.

JAMES REILLY,

Minister for Health.

EXPLANATORY NOTE

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

These Regulations implement Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Council Directive 2013/25/EU of 13 May 2013 by reason of the accession of the Republic of Croatia, insofar as those Directives concern the profession of pharmacist.

These Regulations may be cited as the European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2013.

1 OJ No. L 255, 30.9.2005, p. 22.

2 OJ No. L 158, 10.6.2013, p. 368.

3 OJ No.L 363, 20.12.2006, p. 141.

4 OJ No.L 320, 6.12.2007, p. 3.

5 OJ No.L 205, 1.8.2008, p. 10.

6 OJ No.L 311, 21.11.2008, p. 1.

7 OJ No.L 93, 7.4.2009, p. 11.

8 OJ No.L 59, 4.3.2011, p. 4.

9 OJ No. L 112, 24.4.2012, p. 21.

10 OJ No.L 180, 12.7.2012, p. 9.