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S.I. No. 438/1994 - European Communities (European Economic Area) (Recognition of Qualifications in Pharmacy) Regulations, 1994.

S.I. No. 438 of 1994.

EUROPEAN COMMUNITIES (EUROPEAN ECONOMIC AREA) (RECOGNITION OF QUALIFICATIONS IN PHARMACY) REGULATIONS, 1994.

The Minister for Health, in exercise of the powers conferred on him by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), as adapted by section 4 of the European Communities (Amendment) Act 1993 (No. 25 of 1993), and for the purpose of giving effect to the Decision of the Council and the Commission No. 94/1/ECSC,EC of 13th December, 1993(1) and the Decision of the Council and the Commission No. 94/2/ECSC,EC of the said 13th December(2) insofar as they relate to the adaptation of Council Directive No. 85/432/EEC of 16th September, 1985(3) and Council Directive No. 85/433/EEC of the said 16th September(4) by Article 30 and Annex VII C 16 and 17 of the Agreement on the European Economic Area(5), as amended by Article 20 of the Protocol Adjusting the Agreement on the European Economic Area(6), hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (European Economic Area) (Recognition of Qualifications in Pharmacy) Regulations, 1994.

2. The European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987 ( S.I. No. 239 of 1987 ), the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1991 ( S.I. No. 330 of 1991 ) and these Regulations may be cited together as the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987 to 1994.

1O.J. No. L1, 3/1/1994, p. 1.

2O.J. No. L1, 3/1/1994, p.571.

3O.J. No. L253, 24/9/1985, p.l81-184.

4O.J. No. L253, 243/9/1985, p. 185-191.

5Agreement on the European Economic Area signed in Oporto on the 2nd day of May, 1992, as adjusted by the protocol to that agreement done at Brussels on the 17th day of March, 1993.

6Protocol adjusting the Agreement on the European Economic Area done at Brussels on 17th March, 1993.

3. 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, and as amended by Article 2 of the European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1991, is hereby amended by the substitution of the following subsections for subsections (1) and (2) thereof—

"(1) Every person, being a national of a Member State of the European Economic Community or of the European Free Trade Association, other than a national of the Swiss confederation, 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 to this Act;

or

( b ) which, being not so specified, is accompanied by a certificate, issued by the competent authority in the State in which the said formal qualification was granted, stating that the qualification attests to training conforming to the provision 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 State in Schedule 2 to this Act;

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

"(2) Every person, being a national of a Member State of the European Economic Community or of the European Free Trade Association, other than a national of the Swiss Confederation, on making the prescribed application and on paying the prescribed fee and who at the time of such application holds a diploma, certrificate or other evidence of formal qualification in pharmacy referred to in Article 6 of Council Directive 85/433/EEC and in respect of whom a certificate has been issued by a competent authority designated in accordance with Article 17 of the said Council Directive stating that he has been effectively and lawfully engaged in one of the activities (being an activity which is regulated in that State) referred to in paragraph 2 of Article 1 of the Council Directive 85/432/EEC in a Member State, or in the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway or the Kingdom of Sweden, for at least three consecutive years during the five years preceding the award of the certificate, shall be entitled under the Act to be registered as a pharmaceutical chemist.".

4. 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 insertion of the following after paragraph 11:—

"Austria

12. 'Staatliches Apothekerdiplom' (State diploma of pharmacists) awarded by the competent authorities.

Finland

13. 'todistus proviisorin tutkinnosta/bevis om provisorexamen' (Master of Science in Pharmacy) awarded by a university.

Iceland

14. 'Próf frá Háskóla Íslands í lyfjafrædi' (diploma in pharmacy from the University of Iceland).

Liechtenstein

15. the diplomas, certificates and other titles awarded in another State to which Council Directive 85/433/EEC applies and which are listed in this Schedule, accompanied by a certificate on the completed practical training issued by the competent authorities.

Norway

16. 'bevis for bestátt cand.pharm. eksamen" (diploma of the degree cand. pharm.) awarded by a university faculty.

Sweden

17. 'Apotekarexamen' (Master of Science in Pharmacy) awarded by the University of Uppsala.".

GIVEN under the Official Seal of the Minister for Health, this 20th day

of December, 1994.

MICHAEL NOONAN,

Minister for Health

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal recognition to those qualifications in pharmacy obtained by national of the "European Economic Area" (EEA) in the countries of that area which, to-day, are not Member States of the European Union (EU) in accordance with the EEA agreement. The countries concerned are Austria, Finland, Iceland, Liechtenstein, Norway and Sweden. These EEA pharmacists are now given the same "free-movement" rights as EU pharmacists.