S.I. No. 239/1987 - European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1987.

1. Le diplôme légal de pharmacien/het wettelijk diploma van apoteker (the legal diploma in pharmacy) awarded by the faculties of medicine and pharmacy of the Universities, by the Central examining board or by the State examining boards for university education.

Denmark

2. Bevis for bestået farmaceutisk kandidateksamen (the university pharmacy certificate).

France

3. The State diploma in pharmacy awarded by the universities or the State diploma of Doctor in Pharmacy awarded by the universities.

Germany

4. The

Pharmacy Act, 1962

(No. 14 of 1962) is hereby amended by the insertion in section 2 thereof of the following sub-section

"3A An "authorised person" under this section shall not include a person registered by virtue of section 22A of the Pharmacy Act, 1875 where the shop for the dispensing or compounding of medical prescriptions or for the sale of poisons has been in operation for less than three years."

5. The Council of the Society is hereby designated, pursuant to Article 17 of Council Directive 85/433/EEC, to be the competent authority to grant the certificate in the State for the purposes of paragraph (

f

) of Article 4 of that Directive and in granting the said certificate the Council of the Society shall satisfy itself that the requirements for such qualification set out in Article 2 of Council Directive 85/432/EEC have been complied with.

6. The Council of the Society is hereby designated, pursuant to Article 17 of Council Directive 85/433/EEC, to be the competent authority in the State to issue and receive for the purposes of that Directive;—

(i) certificates under Article 5;

(ii) certificates under Article 6;

(iii) certificates under paragraph 1 of Article 8;

(iv) documents under paragraph 2 of Article 8;

(v) information under paragraph 3 of Article 8;

(vi) information under paragraphs 1 and 2 of Article 9;

(vii) certificates under Article 10;

(viii) information under Article 16.

7. The Council of the Society—

(

a

) shall be the competent authority in the State in respect of the requirements to be fulfilled under paragraph 3 of Article 8 and under paragraph 2 of Article 9 of Council Directive 85/433/EEC;

(

b

) shall ensure the confidentiality of any information issued or received under Articles 8 and 9 of Council Directive 85/433/EEC.

8. The Council of the Society may require of the competent authorities of another Member State confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications issued in that other Member State and referred to in Chapters II and III of Council Directive 85/433/EEC, and also confirmation of the fact that the person concerned has fulfilled all the training requirements laid down in Council Directive 85/432/EEC.

9. These Regulations shall come into operation on the 30th day of September, 1987.

GIVEN under the Official Seal of the Minister for Health this 17th day of September, 1987.

RORY O'HANLON,

Minister for Health.

EXPLANATORY NOTE

The purpose of these Regulations, which come into force on 30th September, 1987, is to give statutory effect in this country to EEC Council Directives 85/432/EEC, 85/433/EEC and 85/584/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy in respect of nationals of Member States.

The First Directive (No. 85/432/EEC) is concerned with setting and maintaining of the minimum standards to be observed in the training of pharmacists.

The second Directive (No. 85/433/EEC as amended by Directive 85/584/EEC) concerns the mutual recognition of pharmacy qualifications awarded in the Member States and includes measures to facilitate the exercise of the right of persons holding such qualifications, with certain derogations, to practice their profession in any of the Member States.

Articles 1 and 2 of the Regulations deal with definitions and other technical matters.

Article 3 of the Regulations inserts a new Section and Schedule into the Pharmacy Act, 1875. This gives pharmacists with any of the qualifications specified in the Schedule the right to be registered in this country as Pharmaceutical Chemists. A special provision has been included to cater for existing pharmacists, and for current pharmacy students whose training may not satisfy the training requirements now laid down.

It is also provided in pursuance of Article 3 of Directive 85/433/EEC, that during the period of the Greek derogation, registration by virtue of the Greek qualification is effective only when a person so registered is acting in an employed capacity.

Article 4 inserts a new sub-section into

Section 2

of the

Pharmacy Act, 1962

. This provides, in pursuance of Article 2(2) of Directive 85/433/EEC, that a pharmacy in the State which has been in operation for less than 3 years shall not be managed or supervised by a pharmacist who has qualified by virtue of Section 22A of the Pharmacy Act, 1875.

Article 5 designates the Council of the Pharmaceutical Society of Ireland as the body responsible for the award of the qualifications in pharmacy and for the maintenance of the required standards of training.

Articles 6 and 7 designate the Council of the Pharmaceutical Society of Ireland as the competent authority or body in the State for the purpose of the functions listed in those Articles.

Article 8 provides a means for the resolution of any doubts which may arise concerning qualifications.

10. Título de licenciado en farmacia (university degree in pharmacy awarded by the Ministry of Education and Science or by the universities).

United Kingdom

11. The certificate of Registered Pharmaceutical Chemist."

S.I. No. 239 of 1987.

EUROPEAN COMMUNITIES (RECOGNITION OF QUALIFICATIONS IN PHARMACY) REGULATIONS, 1987.

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), hereby makes the following Regulations:—