The freedom to provide services

The directive 2005/36/CE of the European Parliament and of the Council of 7 September 2005 introduced the principle of the “freedom to provide services”, intended to facilitate the mobility of professionals within the European Union. Legislative measures for transposition into French law were adopted by the ordinance No. 2008-507 dated 30 may 2008 introducing, for pharmacists, the principle of " freedom to provide services" in the Code de la santé publique (Article L.4222-9 ) and publication of the decree No. 2009-958 dated 29 July 2009 and of the order of 19 February 2010.

The “freedom to provide services” enables citizens of the European Community, holding a qualification receiving automatic recognition by virtue of Directive 2005/36/CE, legally established in their State of origin and registered on the Chamber of their country of origin or any other equivalent authority, to practise in France temporarily and occasionally, without being registered on the register of the French National Chamber of Pharmacists.

The order of 19 February 2010 defines the model for the prior declaration as well as the list of compulsory supporting documents to be enclosed with this declaration. This declaration must be sent, before the first provision of services, by the pharmacist (referred to as the “service provider” in the regulations) to the Professional Practice division of the National Chamber of Pharmacists.

The Professional Practice department is responsible for verifying the admissibility (exhaustiveness of the required information) of the dossier. It will inform the pharmacist, within a month of the date of admissibility, whether or not the provision of services will be possible.

The declaration is renewable annually in the same manner.

Disciplinary sanctions against pharmacists providing services are governed by Articles R.4222-6  and R.4222-7  of the Code de la santé publique.

Pharmacists that are citizens of a Member State of the European Community and wish to practise in France in the context of the “freedom to provide services”, must contact the Professional Practice department.

French pharmacists wishing to practise in a Member State of the European Community, in the context of the “freedom to provide services”, must contact the competent authority of the Member State concerned.

Modified: 02/01/2018