Recognition of Diplomas - Pharmacists

I. Information on Community law

Basic principle:

You have the right of establishment as a self-employed or employed person in any Member State of the European Union, subject to recognition of your qualification. There are no rules on the provision of services.

Scope: 

1. Only qualifications acquired in a Member State and listed in the relevant Directive are eligible for mandatory and automatic recognition throughout the European Community. A recently acquired diploma entitling the holder to take up the profession of pharmacist in his home Member State will, as a general rule, be recognised but, if in doubt, you are advised to consult your professional association.
   
   
2. In some Member States, recognition does not carry with it the right to establish a new pharmacy or to take over a pharmacy which has been open to the public for less than three years.
   
   
3. If your qualification was acquired in Greece, the host Member State is required to recognise it only for the purpose of practising as an employed pharmacist.
   
   
4. Exceptionally, the host Member State may, for the pursuit of certain specific activities, require the pharmacist to possess additional professional experience, provided that it imposes the same requirement on its own pharmacists.
   
   
5. The distribution of pharmacies open to the public continues to be governed by national rules.
   
   
6. In specific cases, especially older forms of training undertaken in certain Member States prior to implementation of the Directives or qualifications, which have a different designation, recognition may be subject to certain requirements.
   
   
7. There is no provision for the recognition of training received in countries outside the European Union. Such recognition may, however, be granted by Member States but is binding only on the Member State that grants it and does not extend beyond the territory of that Member State.
   
   
8. The authorities of the host Member State have three months in which to process your application to take up the activity concerned. Decisions not to grant recognition must be reasoned decisions, and it must be possible to appeal against them to the national courts.

Reference documents:

• Directives 85/432/EEC and 85/433/EEC (Official Journal of the European Communities No L 253 of 24 September 1985), as amended by: Directive 85/584/EEC (OJ No L 372 of 31 December 1985);
• Directive 90/658/EEC (OJ No L 353 of 17 December 1990); The Act of Accession of Austria, Finland and Sweden (OJ No L 1 of 1 January 1995).

II. Formalities in France

Basic principle: 

You have the right of establishment as a self-employed or employed pharmacist in any Member State of the European Union subject to recognition of your qualification. To exercise any activity in the pharmaceutical sector, you must be registered with the Ordre des pharmaciens. Apart from the cases provided for by the law, holders of a pharmacist's qualification may exercise other professional activities not regulated by the Public Health Code and not requiring registration with the Ordre.

Limitations:

1. Qualifications acquired in the Member States of the European Economic Community or other countries party to the European Economic Area Agreement entitle the holder to practise pharmacy in those countries where they testify to training which is in conformity with the requirements of Directive 85/432/EEC and are mentioned in Directive 85/433/EEC.
   
   However, registration with the Ordre in France is subject to the issuing of a certificate by the Minister responsible for health to the effect that the qualification meets the above-mentioned conditions.
   
   
2. Holders of a qualification issued by a Member State or EEA country which do not meet the minimum training requirements laid down by Directive 85/432 may obtain recognition of their qualification if they can show that they have practised pharmacy in the country in which they obtained their qualification for three consecutive years.
   
   Furthermore, certain qualifications which are not listed in Directive 85/433 may still be recognised in France if they are consistent with the training conditions laid down in the Directives.
   
   
3. Only holders of the French State qualification of doctor of pharmacy or pharmacist may establish a dispensary or purchase a dispensary which was established less than three years ago (they must be nationals of an EU Member State, an EEA country or Andorra).
   
   
4. Holders of qualifications acquired in Greece may practise as employees only.
   
   
5. In order to take over a dispensary, a pharmacist must produce evidence of at least six months' experience as an assistant or replacement in a pharmacy, unless he or she has undergone a six-month end-of-study traineeship in a dispensing pharmacy or hospital pharmacy.
   
   In order to take over responsibility for a pharmaceutical establishment, a pharmacist must produce evidence of at least one year's experience in one or more pharmaceutical manufacturing plants, where he or she performed tasks including quality analysis of drugs, quantity analysis of active principles and tests and checks necessary to ensure the quality of special pharmaceutical products. In some cases, the required experience may be reduced to six months, depending on any additional qualifications which the pharmacist might hold.
   
   
6. The distribution of dispensing pharmacies is strictly regulated on the basis of population quotas.
   
   
7. Pharmacy qualifications issued by third countries do not entitle the holder to practise pharmacy in France (except for special provisions concerning certain functions in public health establishments).
   
   Certain pharmacy qualifications are also recognised under international treaties or agreements (e.g. qualifications issued by the Faculty of Dakar up to 1980 or by the Saint Joseph University up to 1982). However, they allow the practice of pharmacy in France only if the holder is a national of a Member State or EEA country or has been authorised to practise the profession of pharmacist in France by the Ministry responsible for health in accordance with Article L514-1 of the Public Health Code.
   
   
8. The Ordre des pharmaciens must make a decision on an application for registration within three months of the application being submitted to its board.

1. How to proceed

Applications for recognition should be sent to:

• Ministère du Travail et des Affaires Sociales Direction Générale de la Santé Sous-Direction de la Pharmacie Bureau des Affaires Professionnelles (PH2) 
  1, Place de Fontenoy F-75700 Paris

2. Information and/or documents to be submitted to the competent authorities

• certified photocopy of your diploma
• photocopy of an identity document providing proof of your nationality

3. Fees

None.

4. Contact point

See Section II.1

5. National rules

• Public Health Code (Code de la Santé Publique), Articles L514, L525 to L525-2, L570-1, L570-2, R5104-1 to R5104-3 and R5112

III. Useful addresses in France

• Conseil national de l'Ordre des pharmaciens (National Council of the Registration Board for Pharmacists) 
  4, avenue Ruysdaël F - 75008 Paris

The National Council hears appeals against acceptance/refusal decisions taken at local level; only cases left unresolved are referred to the Council of State.

Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.