3-Pielikums Nr2 Pharmacy Ownership Establishment

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PGEU Fact Sheet on Pharmacy Ownership and Establishment p.2/10

inhabitants by 3,000, 2,500 and 2,000respectively.

Bulgaria Non-Pharmacist There is not establishment criteria On the 31 July 2008 the Bulgarian parliament passed anew law, which gives every individual the right to opena pharmacy. Until now only a graduate pharmacist hadthe right to open pharmacies. The ban for verticalintegration was abolished except for compoundingpharmacists. Now everyone can own a pharmacy ,alsoa person or a company active in manufacturing,

wholesaling and retail, but a compounding pharmacist.

MPs also decided not to allow company or persons toown more than four pharmacies. This should limit theestablishing of pharmacy chains.

Croatia Pharmacies can be owned by anyone.However the manager of the pharmacymust be a pharmacist

There is a demographic criterion forpharmacies of 1 pharmacy per 3000 insurants.Every following pharmacy for 5000 insurantson every 200, 300 or 500 meters dependingon the number of insured persons. Insurants

must be registered at the Croatian Institute forHealth Insurance, the only obligatoryinsurance body in Croatia.

Exceptionally, new pharmacies can be openedregardless demographic and geographiccriteria in the city area only if the nearestpharmacy is opening on 3000 meters of the airdistance. New pharmacies can also beopened regardless number of pharmacies in

new populated areas when they have morethen 500 flats or more then 1000 inhabitantson 500 meters from the first nearestpharmacy. New pharmacies can be opened intourist towns on 1000 meters of air distancefrom the nearest pharmacy.

A pharmacist can own a single pharmacy. Any privateor legal person can establish a pharmacy chaincomprising at least two pharmacies as long as apharmacist is employed as the manager of eachpharmacy.

Cyprus Pharmacist or partnership ofpharmacists must own at least 51% ofa pharmacy

The Pharmacy Board is responsible forawarding pharmacy concessions. Legallydefined criteria exist for the awarding of

Each pharmacist can only own one pharmacy; thereforeassociations of pharmacies are not permitted.


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pharmacies.

The new law has the following objectives:-to limit drastically pharmacy creations-to encourage pharmacy mergers and

transfers

The new law states that creations will not bepossible during two years (01.01.2010). Afterthat, a creation will only be possible in thetowns where there is no pharmacy or indeprived areas. For those limited cases, the

population criteria will still apply, but the lawraised the criteria: 2500 inhabitants for the firstlicence and then further pharmacies can beopened for every additional 3500 inhabitants.Before the criteria was 1 pharmacy per 2500inhabitants in rural areas and 1 pharmacy for3000 inhabitants in urban areas.

With the new provisions, licences will be frozen during 5years as a minimum for merging pharmacies, which will

concretely make it difficult for the population criteria tobe met in the near area. The objective is that themerger does not encourage the creation of a thirdcompeting pharmacy in the area.

Finally, transfers and groupings will be possiblebetween pharmacies located anywhere in France,(before it was only possible with pharmacies located inthe same "dpartement"), provided the supply of thepopulation in the area of origin is not damaged.

Germany Pharmacist or partnership ofpharmacists

There are no demographic or geographiccriteria for the establishment of pharmacies.

Any pharmacist can own a pharmacy and onepharmacist / one partnership can own up to 3 branchpharmacies in addition to his main pharmacy. These

branch pharmacies must be located in the same oradjacent district.

The partnership of pharmacists can have more than 2people.

Greece Pharmacist or partnership ofpharmacists; each pharmacist can ownone pharmacy, plus a minor stake injust another pharmacy.

There were no restrictions on establishment ofnew pharmacies until 1997, resulting in only900 inhabitants per pharmacy, whichprompted the Greek Government to introducegeographic and demographic criteria to

maintain high quality services and regulateaccessibility.The new law establishes the following criteria:In municipalities and municipal or communaldistricts with a population of up to onethousand five hundred (1 500) only onepharmacy license may be granted. b) Inmunicipalities and municipal or communaldistricts with a population of one thousand


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five hundred and one (1 501) or more, aratio of one thousand five hundred

inhabitants per pharmacy is required.The newly established pharmacies must havea distance from the current pharmacies:

- A hundred meters in municipalitiesand municipal or communal districtswith a population of up to fivethousand ( 5.000) inhabitants

- A hundred and eighty meters inmunicipalities and municipal orcommunal districts with a population

of between five thousand and one(5.001) and a hundred thousand(100.000) inhabitants

- Two hundred meters in municipalitiesand municipal or communal districtswith a population of between ahundred thousand and one (100.001)and two hundred thousand (200.000)inhabitants

- Two hundred and fifty meters in

municipalities and municipal orcommunal districts with a populationof more than two hundred thousandand one (200.001) inhabitants

Hungary Non-pharmacist can own a pharmacy There are no geographical and demographicalcriteria to open a new pharmacy

A new law came into force on the 29th of December2007.

Everyone is allowed to own a pharmacy, but thepresence of a pharmacist is required.

Ireland Non-pharmacist can own a pharmacy The establishment of a new pharmacy issubject to some legal controls but none ofthese regulate the location of where a newpharmacy may establish. They mainly relate tonotifying the Pharmaceutical Society of Irelandof its establishment and details of itsoperation, including details of thepharmacist(s) operating it.

Pharmacists, non-pharmacists and companies can ownpharmacies, but each pharmacy must appoint aqualified pharmacist to manage the pharmacy.

From 1996 there were regulations governing thegranting of public health contracts for new communitypharmacies, which specified population and distancecriteria for the location of new pharmacies. These


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criteria were abolished in January 2002.

Italy Private pharmacy: Pharmacist or

partnership and cooperatives ofpharmacistsMunicipal pharmacy: can be managedby companies, wholesalers as well

A pharmacist wishing to establish a new

pharmacy must obtain a license granted bythe regional authority. There are demographicand geographic criteria for obtaining a licenseincluding the requirement for a new pharmacyto be at least 200m away from any existingpharmacies. For towns up to 12.500inhabitants the regional authority must give alicense for opening a new pharmacy for every5.000 inhabitants, while for towns with apopulation of more than 12.500 one license is

given every 4.000 inhabitants.However, the regional government can bypassthe general principle of only one pharmacy pertown in the case of particular situationspertaining to the topography of the territoryand its road conditions.

Only qualified pharmacists can own pharmacies.

Latvia Only pharmacist may own a pharmacy.(This regulation comes into force upfrom 01.01.2011)

Both geographical and demographical criteriaexisting.

The Latvian law of pharmacy establishes ownershipcriteria to be implemented by 01.01.2011According to a law approved in 2003 by 2011 there willbe three kinds of pharmacies:

1. A general type pharmacy: Only a pharmacist ora local government may own a general typepharmacy

2. closed-type pharmacies or pharmacies ofmedical treatment institutions. Thesepharmacies will not distribute medicines to thepublic

3. veterinary pharmacies. Veterinary pharmaciesare permitted to distribute only means ofmedical treatment intended for animals,

including veterinary medicinal and veterinarypharmaceutical products, as well as goodsintended for animal care

Lithuania Pharmacist or partnership ofpharmacists (if the owner is acompany, pharmacists must representat least of the members of thecompanys Board)

There are no demographic or geographiccriteria for the establishment of pharmacies.

Only pharmaceutical specialists may act as apharmaceutical specialist and practice pharmaceuticalactivities.

Companies or their branches that practice


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pharmaceutical activities have to be managed by alicensed pharmacist. If the Board (collegial

management body) is formed in the company, thatpractice pharmaceutical activities, members of theBoard have to be pharmacists. Associations ofpharmacies are possible and pharmacy chains exist.

Municipalities award concessions to open pharmacyaccording to Ministry of Health criteria. The Ministry ofHealth can withdraw a concession for violations of thenecessary criteria.

Pharmacy ownership was deregulated by theconstitutional court. The largest pharmacy chainEuropharmacy has 200 outlets.

Luxembourg Pharmacist or partnership ofpharmacists

Any pharmacist wishing to establish a newpharmacy must obtain a concession from thestate. Demographic criteria of one pharmacyper 5,000 inhabitants must be met.

Malta Non-pharmacist can own a pharmacy(but the manager has to be apharmacist)

Since 1996 the awarding of new concessionsis subject to the agreement of a standingcommittee comprising representatives of the

Malta Chamber of Pharmacists, non-pharmacist owners and the Ministry of Health,who take geo-demographic criteria and theneeds of the local population into account.

The February 2003 Medicines Act entrenchesthe principle of geo-demographic organisationin the legislation with the added provision forenforced consultation of stakeholders on anychanges to the legislation and regulations.

Any person can own a pharmacy, but each pharmacymust nominate a qualified licensed pharmacist as itsmanaging pharmacist. Association of pharmacies is

possible via corporate chains or purchasingcooperatives (where the owners are pharmacists). TheMinistry of Health is responsible for awarding pharmacyconcessions.

TheNetherlands

Non-pharmacist can own a pharmacy There are no restrictions on the opening ofnew pharmacies.

Pharmacists, non-pharmacists and companies can ownpharmacies. Each pharmacy must appoint aresponsible pharmacist to manage the pharmacy.

Norway Non-pharmacist can own a pharmacy(with some exceptions)

There are no establishment criteria Since March 2001 anyone can own a pharmacy exceptfor the pharmaceutical industry, medical doctors orothers with prescribing rights. Pharmacy chains can beestablished and companies can own pharmacies. Allpharmacies have a contract with the National InsuranceScheme that makes a settlement-agreement.


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ensure choice and competition the local healtheconomy

PGEU-GPUE January 2010

3-Pielikums Nr2 Pharmacy Ownership Establishment

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