Brussels, 28 January 2010
Professional qualifications: the Commission formally requests that Spain amend its national legislation applicable to the profession of dental practitioner
The European Commission has decided to address a reasoned opinion to Spain regarding its legislation governing the profession of dental practitioner. The Commission considers that the Spanish legislation is not in line with Directive 2005/36/EC on the recognition of professional qualifications in that it allows specialist doctors access to the profession of dental practitioner.
Under Directive 2005/36/EC, the profession of dental practitioner should be recognised as a specific profession distinct from that of medical practitioner, whether or not specialised in odontostomatology. Spain, which did not have a specific profession of dental practitioner at the time of its accession on 1 January 1986 and therefore had to create it, has benefited from transitional derogations in favour of its medical practitioners specialised in stomatology who exercise those activities; although those medical practitioners must have started their basic medical training no later than 1 January 1986.
However, for one part, the Spanish legislation does not take account of this condition set by Community law and for another part, in some cases Spain allows medical practitioners specialised in maxillo-facial and oral surgery to participate in competitions to fill posts for dental practitioners in the national health system.
The Commission did not consider the Spanish authorities' response to the letter of formal notice to be satisfactory.
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