Acção de incumprimento contra Portugal. Qualificações profissionais

IP/06/1789
Brussels, 13 December 2006

The European Commission has decided to refer the following Member States to the European Court of Justice under Article 226 of the EC Treaty: Portugal over its failure to implement EU rules on the recognition of qualifications for pharmacist-biologists; and Spain over its rules on the recognition of qualifications for hospital pharmacists.

Portugal – pharmacist-biologists
The Commission has decided to refer Portugal to the European Court of Justice over its failure to implement Directive 89/48/EEC on a general system for the recognition of professional qualifications in the case of the profession of pharmacist-biologist (pharmacist specialised in “Análises Clínicas").

Directive 89/48/EEC is designed to ensure freedom of movement within the Union for a large number of regulated professions. Portugal decided to implement this Directive by means of a general decree-law applicable to all the regulated professions listed exhaustively therein. However, the profession of pharmacist-biologist, although regulated in Portugal, was not included in the decree-law. This means that qualified pharmacist-biologists from other Member States are not entitled to practise in Portugal and, consequently, are denied the rights of freedom of movement and freedom of establishment granted by the Treaty.

Although another Community instrument (Directive 85/433/EEC) provides for the automatic recognition of formal qualifications in pharmacy, it relates solely to basic diplomas guaranteeing the right of establishment. As a result, specialist pharmacy qualifications, such as those relating to pharmacist-biologists, are covered by the directives on the general system for the recognition of professional qualifications. Portugal has failed to respond to the additional reasoned opinion notified to it by the Commission.

The latest information on infringement proceedings concerning all Member States is available at:
http://ec.europa.eu/community_law/eulaw/index_en.htm