European Commission takes action on delayed transposition of EU directives by Member States

Ursula von der Leyen President of the European Commission European Commission
Ursula von der Leyen President of the European Commission - European Commission
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The European Commission announced on Mar. 27 that it is taking formal steps against several European Union Member States for failing to notify the Commission about the adoption of national measures to transpose EU directives after deadlines have expired.

This action matters because timely and complete transposition of EU directives ensures that laws across all Member States are harmonized, supporting the functioning of the internal market and safeguarding citizens’ rights under EU law.

The Commission has sent letters of formal notice to numerous countries regarding three key legislative areas. First, Belgium, Bulgaria, Cyprus, Denmark, Estonia, Greece, Spain, France, Italy, Latvia, Luxembourg, Lithuania, Malta, the Netherlands, Poland, Portugal, Romania, Slovenia and Sweden were contacted for not fully transposing the European Single Access Point (ESAP) Omnibus Directive. This directive aims to provide investors with centralized access to corporate public information in a standardized format. The deadline for implementing these changes was Jan. 10. If these states do not respond within two months or fail to comply fully with transposition requirements for this and related legislation covering disclosures from 15 directives into ESAP’s platform phases through July 2026 and beyond—the Commission may issue a reasoned opinion.

Second among its actions is a letter of formal notice sent to Belgium and twenty-one other countries regarding their failure to transpose amendments under the Sixth Capital Requirements Directive (CRD6). This update seeks harmonization in banking supervision across Member States—including rules on third-country branches—and integrates environmental and social risk management into prudential frameworks. The deadline was Jan. 10; non-compliance could result in further proceedings.

Thirdly, infringement procedures have been opened against twenty-three countries including Czechia and Hungary over incomplete communication concerning national implementation of the e-Evidence Directive—a law designed to facilitate secure cross-border electronic evidence collection by requiring service providers operating in Europe designate representatives within EU jurisdiction by Feb. 18.

If any state fails to address these issues satisfactorily within two months following notification from Brussels authorities—either by completing legal changes or adequately responding—the next procedural step will be issuance of a reasoned opinion from the Commission.



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