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European Parliament recommends action against UK Government over responsible pharmacist rule

Formal proceedings should be launched against the UK Government for breaching EU law by preventing EU-qualified pharmacists from being placed in charge of new pharmacy premises, the European Parliament has concluded.

At a meeting held this week (9 November 2010) in Brussels, the Parliament’s Committee on Petitions decided to send a formal letter to the European Commission asking it to initiate the formal infringement procedure against the UK for discriminating on the basis of nationality. The cause of the complaint is the UK’s rule that prevents pharmacists who qualified in the EU from being a responsible pharmacist in charge of a pharmacy that has been registered in the UK for fewer than three years (PJ, 27 February 2010, p203).

Under the infringement procedure, which is the pre-litigation stage of action against EU member states that infringe EU law, the UK would be given the chance to voluntarily conform with the requirements of the breached treaty before the case is referred to the European Court of Justice.

French pharmacist Fosso Taga, who issued the petition against the UK, told PJ Online that the Department of Health has repeatedly committed to change the law in question (PJ, 11 September 2010, p259), subject to a statutory three-month consultation, but that it has so far failed to schedule the changes — which he says is making a mockery of the system.

A European Parliament spokeswoman said the EC is considering launching infringement proceedings against the UK but cannot give a specific timetable for the process.