S.I. No. 235/2012 - European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2012.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd July, 2012.

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 effect to Article 49 of the Treaty on the Functioning of the European Union in so far as that Article relates to the recognition of pharmacist qualifications, 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 2012.

2. Section 16 (5)(a) of the Pharmacy Act 2007 (No. 20 of 2007) (as amended by the European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No. 2) Regulations 2008 ( S.I. No. 489 of 2008 )) is amended–

(a) in subparagraph (i), by substituting “Directive,” for “Directive, or”,

(b) in subparagraph (ii), by substituting “said Directive, or” for “said Directive”, and

(c) by inserting after subparagraph (ii) the following:

“(iii) a formal qualification as a pharmacist to which the derogation in Article 2(4)(a) of Council Directive 85/432/EEC of 16 September 19851 applied, and which, but for the repeal of that Directive by Article 62 of the Professional Qualifications Directive, would have entitled the holder to recognition as a person having a qualification appropriate for practice,”.

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GIVEN under my Official Seal,

30 June 2012.

JAMES REILLY,

Minister for Health.

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 amend the Pharmacy Act 2007 to allow for the recognition of qualifications as a pharmacist which, prior to the coming into force of Directive 2005/36/EC, had been recognisable by virtue of a derogation contained in Directive 85/432/EEC.

These Regulations may be cited as the European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2012.

1 OJ No. L 253, 24.09.85, p. 34.