The Approved European Pharmacy Qualifications Order of Council 2007

Prospective

Statutory Instruments

2007 No. 564

health care and associated professions

pharmacists

The Approved European Pharmacy Qualifications Order of Council 2007

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

Citation, commencement and interpretation E+W+S

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

I1 Art. 1 in force at 30.3.2007, see art. 1(1)

Appropriate European diplomas E+W+S

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

I2 Art. 2 in force at 30.3.2007, see art. 1(1)

Conditions relating to a specified diploma awarded in Italy E+W+S

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

I3 Art. 3 in force at 30.3.2007, see art. 1(1)

Conditions relating to diplomas, whether specified or not, awarded in respect of training before a relevant European State’s reference date E+W+S

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

I4 Art. 4 in force at 30.3.2007, see art. 1(1)

Conditions relating to old diplomas granted in respect of training commenced in the former Czechoslovakia, the former Soviet Union or the former Yugoslavia E+W+S

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

I5 Art. 5 in force at 30.3.2007, see art. 1(1)

Conditions relating to old diplomas granted in respect of training commenced in the former German Democratic Republic E+W+S

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

I6 Art. 6 in force at 30.3.2007, see art. 1(1)

Conditions relating to new diplomas E+W+S

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

I7 Art. 7 in force at 30.3.2007, see art. 1(1)

Justified doubts about authenticity E+W+S

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

I8 Art. 8 in force at 30.3.2007, see art. 1(1)

Christine Cook

Deputy Clerk of the Privy Council

Prospective

Article 1(2)

SCHEDULE 1 E+W+S Reference dates

Commencement Information

I9 Sch. 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)

SCHEDULE 2 E+W+S Specified pharmacy qualifications

Commencement Information

I10 Sch. 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)

SCHEDULE 3 E+W+S Table in respect of recognition of training in the former Czechoslovakia, the former Soviet Union or the former Yugoslavia

Commencement Information

I11 Sch. 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

EXPLANATORY NOTE

(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.

(1)

S.I. 2007/289.

(2)

“Relevant European State” is defined in the Pharmacists and Pharmacy Technicians Order 2007 as meaning an EEA State or Switzerland.

(3)

“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).

(4)

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).

(5)

1954 c.61.