Temporary provision of services

Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005  introduced the principle of "free movement of services", aiming to facilitate the mobility of professionals within the European Union. Legislative measures to transpose this into French law were adopted by Order No. 2008-507 of 30 May 2008  which introduced, for pharmacists, the principle of "free movement of services" into the code of public health (article L.4222-9  of the code of public health - CSP) and the publication of Decree No. 2009-958 of 29 July 2009  , Order No. 2017-50 of 19 January 2017 , Decree No. 2017-1520 of 2 november 2017   and Ministerial order of 4 december 2017 .

On 28 December 2013, directive 2013/55/EU of the European Parliament and the Council of 20 November 2013  modifying directive 2005/36/EC regarding the recognition of professional qualifications and regulation (EU) No. 1024/2012 concerning administrative cooperation through the internal market information system ("IMI regulation") was published.

General principle

In compliance with the provisions of article L. 4222-9 of the code of public health, a pharmacist who is a citizen of a Member State of the European Union or of a party to the agreement regarding the European Economic Area, who holds a diploma obtained in one of these States, and who is established and working legally as a pharmacist in one of these States, can carry out acts of his profession in France in a temporary and occasional manner, without being registered with the French National Order of Pharmacists.

Required conditions

To be able to carry out these services, the pharmacist must meet the following criteria:

1. Be a citizen of a Member State of the European Union or a party to the agreement on the European Economic Area and bearer of a diploma obtained in one of these States;
2. Be established, i.e. be legally practicing the profession of pharmacist in a Member State other than France;
3. Possess the linguistic knowledge necessary for providing the service;
4. Send the National Council of the Order of Pharmacists (CNOP), before the first providing of services, a prior declaration (ruling of 19 February 2010), as well as the mandatory supporting documents to be enclosed with this declaration and a declaration concerning the linguistic knowledge necessary for providing the service.

Procedure

Within one month of receipt of the declaration and the supporting documents, the CNOP will notify the pharmacist of whether or not he can offer his services.

If the pharmacist is authorized to begin providing services, the National Council of the Order registers him on a particular list. There is no free for this registration.

The CNOP will send the applicant a receipt bearing his registration number, mentioning, if applicable, the specialties corresponding to the professional qualifications which he declared.

The declaration is renewable every year. The pharmacist must declare to the CNOP all changes of situation in compliance with article R. 4112-9-2 of the code of public health, applicable to pharmacists.

The pharmacist is subject to the disciplinary chamber of the competent council (article R. 4222-6 of the code of public health).

Pharmacists who are citizens of a Member State of the European Union and who wish to work in France within the framework of the “free movement of services” can contact us by E-mail dep@ordre.pharmacist.fr .

French pharmacists wishing to work in a Member State of the European Union within the framework of the “free movement of services” must contact the competent authority of the Member State involved.