Prospective
Statutory Instruments
health care and associated professions
pharmacists
Made
26th February 2007
Laid before Parliament
2nd March 2007
Coming into force
30th March 2007
At the Council Chamber, Whitehall, the 26th day of February 2007
By the Lords of Her Majesty’s Most Honourable Privy Council
Their Lordships make the following Order in exercise of the powers conferred by articles 12(1)(b) and (2) and 66(1) of the Pharmacists and Pharmacy Technicians Order 2007(1).
Prospective
1.—(1) This Order may be cited as the Approved European Pharmacy Qualifications Order of Council 2007 and shall come into force on 30th March 2007.
(2) In this Order—
“competent authorities”, in relation to a relevant European State(2), means any authority or body designated by that relevant European State in accordance with the Pharmacy Qualifications Directive(3);
“the Pharmacy Training Directive” means Council Directive 85/432/EEC concerning the co-ordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy(4); and
“reference date”, in relation to a relevant European State, means the date by which it was required to implement the Pharmacy Training Directive, and which is included in the second column of the table in Schedule 1 opposite the corresponding entry for that State in the first column.
Commencement Information
I1Art. 1 in force at 30.3.2007, see art. 1(1)
2.—(1) Appropriate European diplomas are designated as being approved qualifications for the purposes of registration in the Register of Pharmacists.
(2) Subject to article 8, the following diplomas are “appropriate European diplomas” for the purposes of paragraph (1)—
(a)subject to article 3, any (where appropriate, duly authenticated) diploma specified in the second column of the table in Schedule 2 which has been granted in a relevant European State after its reference date and which is evidence of training commenced on or after that date; or
(b)any (where appropriate, duly authenticated) diploma which—
(i)subject to article 4, has been granted in a relevant European State before its reference date or which is evidence of training commenced before that date but completed on or after that date,
(ii)subject to article 5, was awarded by the competent authorities of, or which is evidence of training started in, the territory specified in column (b) of the table in Schedule 3 before the date specified in the corresponding entry in column (a) of that table,
(iii)subject to article 6, is evidence of training commenced before 3rd October 1990 and undertaken in the territory of the former German Democratic Republic, or
(iv)subject to article 7, does not fall within paragraphs (i) to (iii) and is not specified in Schedule 2 but which is a diploma in pharmacy granted in a relevant European State on or after its reference date.
Commencement Information
I2Art. 2 in force at 30.3.2007, see art. 1(1)
3.—(1) A diploma to which article 2(2)(a) applies that was awarded in Italy (the “diploma o certificato di abilitazione all’ esercizio della professione di farmacista ottenuto in seguito ad un esame di Stato”) is only an appropriate European diploma if—
(a)the diploma is evidence of training commenced on or after 1st November 1993; or
(b)the diploma is evidence of training commenced before 1st November 1993, and—
(i)the diploma is evidence of training concluded before 1st November 2003,
(ii)evidence of the diploma is made available to the Registrar in the form of a certificate from the competent authorities of Italy, and
(iii)the competent authorities of Italy have also certified that—
(aa)the holder of the diploma has been effectively and lawfully engaged in Italy in one of the activities (and it must have been a regulated activity) referred to in article 1(2) of the Pharmacy Training Directive,
(bb)he was so engaged for at least three consecutive years during the five years preceding the date of the certificate, and
(cc)the activity in question was at all relevant times regulated in Italy,
and the certificate is made available to the Registrar.
(2) The registrar may waive the requirements of paragraph (1)(b)(iii) if he determines that the diploma is evidence of training which would satisfy the requirements of article 2 of the Pharmacy Training Directive.
Commencement Information
I3Art. 3 in force at 30.3.2007, see art. 1(1)
4. A diploma to which article 2(2)(b)(i) applies is only an appropriate European diploma if—
(a)in the case of a diploma which is specified in the list in Schedule 2, the Registrar is satisfied (by means of a certificate from the relevant competent authorities or otherwise) with respect to it that it accords with the standards laid down by the Pharmacy Training Directive;
(b)in the case of a diploma that is not specified in the list in Schedule 2, the diploma is accompanied by a certificate from the competent authorities of the relevant European State which awarded the diploma which attests that the diploma—
(i)is evidence of training which would satisfy the requirements of article 2 of the Pharmacy Training Directive, and
(ii)is treated by the competent authorities of the relevant European State in which it was awarded as equivalent to a diploma specified in Schedule 2 in respect of their State,
and the certificate is made available to the Registrar; or
(c)whether or not the diploma is specified in the list in Schedule 2, the competent authorities of a relevant European State have certified that the holder of the diploma has been effectively and lawfully engaged in one of the activities (and it must have been a regulated activity) referred to in article 1(2) of the Pharmacy Training Directive for at least three consecutive years during the five years preceding the date of the certificate, and the certificate is made available to the Registrar.
Commencement Information
I4Art. 4 in force at 30.3.2007, see art. 1(1)
5. A diploma to which article 2(2)(b)(ii) applies is only an appropriate European diploma if—
(a)the competent authorities of the relevant European State specified in the appropriate row of column (c) of the table in Schedule 3 have certified that the diploma has, on its territory, the same legal validity as regards access to the practice of pharmacy as the diploma specified in Schedule 2 in respect of their State;
(b)those competent authorities have also certified that the holder of the diploma has been effectively and lawfully engaged in one of the activities (and it must have been a regulated activity) referred to in article 1(2) of the Pharmacy Training Directive in its territory for at least three consecutive years during the five years preceding the date of that certificate; and
(c)the certificates are made available to the Registrar.
Commencement Information
I5Art. 5 in force at 30.3.2007, see art. 1(1)
6. A diploma to which article 2(2)(b)(iii) applies is only an appropriate European diploma if—
(a)the diploma entitles its holder to practise pharmacy throughout the territory of Germany on the same conditions as those that apply to the holder of the diploma specified in Schedule 2 in respect of Germany; and
(b)the competent authorities in Germany have certified that the holder of the diploma has been effectively and lawfully engaged in one of the activities (and it must have been a regulated activity) referred to in article 1(2) of the Pharmacy Training Directive in Germany for at least three consecutive years during the five years preceding the date of the certificate, and the certificate is made available to the Registrar.
Commencement Information
I6Art. 6 in force at 30.3.2007, see art. 1(1)
7. A diploma to which article 2(2)(b)(iv) applies is only an appropriate European diploma if—
(a)the competent authorities of the relevant European State that awarded it have certified that the diploma—
(i)is evidence of training which satisfies the requirements of article 2 of the Pharmacy Training Directive, and
(ii)is treated by them as equivalent to a diploma specified in Schedule 2 in respect of their State; and
(b)the certificates are made available to the Registrar.
Commencement Information
I7Art. 7 in force at 30.3.2007, see art. 1(1)
8. A diploma is only an appropriate European diploma if, in a case where the Society (including its Registrar)—
(a)has justified doubts about the authenticity of the evidence of the diploma made available to the Society; and
(b)has required of the relevant competent authorities confirmation of the authenticity of the evidence,
the relevant competent authorities have confirmed the authenticity of the evidence.
Commencement Information
I8Art. 8 in force at 30.3.2007, see art. 1(1)
Christine Cook
Deputy Clerk of the Privy Council
Prospective
Article 1(2)
Commencement Information
I9Sch. 1 in force at 30.3.2007, see art. 1(1)
| Country | Reference date |
|---|---|
| Austria | 1st October 1994 |
| Belgium | 1st October 1987 |
| Bulgaria | 1st January 2007 |
| Cyprus | 1st May 2004 |
| Czech Republic | 1st May 2004 |
| Denmark | 1st October 1987 |
| Estonia | 1st May 2004 |
| Finland | 1st October 1994 |
| France | 1st October 1987 |
| Germany | 1st October 1987 |
| Greece | 1st October 1987 |
| Hungary | 1st May 2004 |
| Iceland | 1st October 1994 |
| Italy | 1st November 1993 |
| Latvia | 1st May 2004 |
| Liechtenstein | 1st October 1994 |
| Lithuania | 1st May 2004 |
| Luxembourg | 1st October 1987 |
| Malta | 1st May 2004 |
| Netherlands | 1st October 1987 |
| Norway | 1st October 1994 |
| Poland | 1st May 2004 |
| Portugal | 1st October 1987 |
| Romania | 1st January 2007 |
| Slovakia | 1st May 2004 |
| Slovenia | 1st May 2004 |
| Spain | 1st October 1987 |
| Sweden | 1st October 1994 |
| Switzerland | 1st June 2002 |
Articles 2(2), 4, 5(a), 6(a) and 7(a)
Commencement Information
I10Sch. 2 in force at 30.3.2007, see art. 1(1)
| Country | Title of qualification | Awarding body | Certificate accompanying qualification |
|---|---|---|---|
| Austria | Staatliches Apothekerdiplom | Bundesministerium für Arbeit, Gesundheit und Soziales | |
| Belgium | ― Diploma van apotheker | 1. De universiteiten/les universities | |
| ― Diplôme de pharmacien | 2. De bevoegde Examencommissie van de Vlaamse Gemeenschap/le Jury competent d’enseignement de la Communauté française | ||
| Bulgaria | Диплома за висше образование на образователно-квалификационна степен “Магистър” по “Фармация” с професионална квалификация “Магистър-фармацевт” | Фармацевтичен факултет към Медицински университет | |
| Cyprus | Πιστοποιητικό Еγγραφής Фαρμακοποιού | Συμβούλιο Φαρμακευτικής | |
| Czech Republic | Diplom o ukončení studia ve studijním programu farmacie (magistr, Mgr.) | Farmaceutická fakulta univerzity v České republice | Vysvědčení o státní závěrečné zkoušce |
| Denmark | Bevis for bestået farmaceutisk kandidateksamen | Danmarks Farmaceutiske Højskole | |
| Estonia | Diplom proviisori õppekava läbimisest | Tartu Ülikool | |
| Finland | Proviisorin tutkinto/provisorexamen | 1. Helsingin yliopisto/ Helsingfors universitet | |
| 2. Kuopion yliopisto | |||
| France | Diplôme d’Etat de pharmacien/Diplôme d’Etat de docteur en pharmacie | Universités | |
| Germany | Zeugnis über die Staatliche Pharmazeutische Prüfung | Zuständige Behörden | |
| Greece | Αδεια ασκησης фαρμακευτικoυ επαγγελματoς | Νoμαρχιακη Αυτoδιo ί κηση | |
| Hungary | Okleveles gyógyszerész oklevél (magister pharmaciae, abbrev: mag.pharm) | Egyetem | |
| Iceland | Próf í lyfjafræði | Háskóli Íslands | |
| Ireland | Certificate of Registered Pharmaceutical Chemist | ||
| Italy | Diploma o certificato di abilitazione all’esercizio della professione di farmacista ottenuto in seguito ad un esame di Stato | Università | |
| Latvia | Farmaceita diploms | Universitātes tipa augstskola | |
| Liechtenstein | The diplomas, certificates and other titles awarded in another relevant European State and listed in this Schedule accompanied by a certificate on the completed practical training issued by the competent authorities | ||
| Lithuania | Aukštojo mokslo diplomas, nurodantis suteiktą vaistininko profesinę kvalifikaciją | Universitetas | |
| Luxembourg | Diplôme d’Etat de pharmacien | Jury d’examen d’Etat + visa du ministre de l’éducation nationale | |
| Malta | Lawrja fil-farmaċija | Universita‘ta’ Malta | |
| Netherlands | Getuigschrift van met goed gevolg afgelegd apothekersexamen | Faculteit Farmacie | |
| Norway | Vitnemål for fullført grad candidata/candidatus pharmaciae, short form: cand. pharm. | Universitetsfakultet | |
| Poland | Dyplom ukończenia studiów wyższych na kierunku farmacja z tytułem magistra | 1. Akademia Medyczna | |
| 2. Uniwersytet Medyczny | |||
| 3. Collegium Medicum Uniwersytetu Jagiellońskiego | |||
| Portugal | Carta de curso de licenciatura em Ciências Farmacêuticas | Universidades | |
| Romania | Diplomă de licenţă de farmacist | Universităţi | |
| Slovakia | Vysokoškolský diplom o udelení akademického titulu “magister farmácie” (“Mgr.”) | Vysoká škola | |
| Slovenia | Diploma, s katero se podeljuje strokovni naziv “magister farmacije/ magistra farmacije” | Univerza | Potrdilo o opravljenem strokovnem izpitu za poklic magister farmacije/magistra farmacije |
| Spain | Título de licenciado en farmacia | Ministerio de Educación y Cultura/El rector de una Universidad | |
| Sweden | Apotekarexamen | Uppsala universitet | |
| Switzerland | Titulaire du diplôme federal de pharmacien, eidgenössisch diplomierter Apotheker, titolare di diploma federale di farmacista | Département federal de l’intérieur |
Article 2(2)(b)(ii)
Commencement Information
I11Sch. 3 in force at 30.3.2007, see art. 1(1)
| Column (a) | Column (b) | Column (c) |
|---|---|---|
| 1st January 1993 | Former Czechoslovakia | Czech Republic |
| 1st January 1993 | Former Czechoslovakia | Slovakia |
| 20th August 1991 | Former Soviet Union | Estonia |
| 21st August 1991 | Former Soviet Union | Latvia |
| 11th March 1990 | Former Soviet Union | Lithuania |
| 25th June 1991 | Former Yugoslavia | Slovenia |
Prospective
(This note is not part of the Order)
This Order provides for the recognition within Great Britain of certain pharmacy qualifications awarded in EEA States other than the United Kingdom and in Switzerland. Recognition of the qualifications is subject to specified conditions, which include a procedure for confirming the authenticity of qualifications where there are justified doubts.
Appropriately qualified pharmacists are entitled to register with the Royal Pharmaceutical Society of Great Britain and so practise as pharmacists in Great Britain, provided their fitness to practise is not impaired and they have paid the appropriate fees.
This Order and the Pharmacists and Pharmacy Technicians Order 2007 under which it was made contain the legislative measures necessary for implementing Council Directive 85/432/EEC concerning the co-ordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy, and Council Directive 85/433/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy. The legislative measures implementing these Directives in Great Britain were previously set out in the Pharmacy Act 1954(5), which has been repealed by the Pharmacists and Pharmacy Technicians Order 2007.
“Relevant European State” is defined in the Pharmacists and Pharmacy Technicians Order 2007 as meaning an EEA State or Switzerland.
“Pharmacy Qualifications Directive” is defined in the Pharmacists and Pharmacy Technicians Order 2007 as meaning Council Directive 85/433/EEC concerning the mutual recognition of diplomas, certificates and other formal evidence of qualifications in pharmacy (OJ No. L 253, 24.9.1985, p.37), and has been amended by: Council Directive 85/584/EEC (OJ No. L 372, 31.12.1985, p.42); Council Directive 90/658/EEC (OJ No. L 353, 17.12.1990, p.73); the Act of Accession of Austria, Sweden and Finland (OJ No. L 1, 1.1.1995, p.1); Directive 2001/19/EC (OJ No. L 206, 31.7.2001, p.1); the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999 (OJ No. L 114, 30.4.2002, p.6); the Act concerning the conditions of 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 and the adjustments to the Treaties on which the European Union is founded (OJ No. L 236, 23.9.2003, p.33); and Council Directive 2006/100/EC adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ No. L 363, 20.12.2006, p.41).
OJ No. L 253, 24.9.1985, p.34. The Directive has been amended by Directive 2001/19/EC of the European Parliament and of the Council (OJ No. L 206, 31.7.2001, p.1).