Belgium Still Behind on Transposing EU Directives into National Law

The European Commission sent a formal letter of notice to Belgium and several other EU member states on July 15, 2026, for failing to fully transpose a package of key European directives into national legislation within required deadlines. Belgium now has two months to respond and complete the transposition process or face escalation.

The Three Directives at Issue

The infringement package targets three major EU legislative acts that Belgium has not yet fully implemented. The first is the European Single Access Point (ESAP) Omnibus Directive (EU 2023/2864), which requires companies to submit public information to a centralized EU platform designed to give investors easy access to financial data. The deadline for transposition was January 10, 2026, and Belgium is among 19 member states that failed to meet it.

The second is the Sixth Capital Requirements Directive (CRD6 — EU 2024/1619), which updates the EU banking prudential framework with new rules on third-country branches, supervisory powers, and ESG risk management. Its transposition deadline was also January 10, 2026, with 22 member states falling short.

The third is the E-Evidence Directive (EU 2023/1544), which establishes a channel for national authorities to obtain electronic evidence from service providers for criminal investigations. The deadline for this directive was February 18, 2026, and 22 member states have yet to fully transpose it.

According to La Libre Belgique, which first reported on the issue, the Commission’s formal notice gives Belgium and other non-compliant states a two-month window to respond. Failure to do so may result in a “reasoned opinion” — a stronger formal warning — and ultimately a referral to the Court of Justice of the EU.

A Persistent and Costly Problem

Belgium’s lag in transposing EU directives is not new — and it has already proven expensive. In 2025, the country was fined over €4.4 million by the Court of Justice for late transposition in two separate cases. On May 22, 2025, Belgium was ordered to pay a €2.1 million lump sum for failing to transpose the Open Data and Public Sector Information Directive on time (deadline: July 17, 2021). On August 1, 2025, a further €2.35 million fine was imposed for late transposition of the Work-Life Balance Directive for parents and caregivers (deadline: August 2, 2022).

As The Brussels Times reported at the time, the Belgian Foreign Affairs Ministry acknowledged the fines, stating: “These two convictions are regrettable but we hope they will serve as a wake-up call for all Belgian authorities.”

Currently, Belgium faces 73 active infringement proceedings for incorrect application of EU law, ranking joint sixth with Hungary among member states. For transposition delays specifically, Belgium ranks fourth, according to European Commission data cited by VRT NWS.

The Structural Challenge

Experts and officials alike point to Belgium’s complex federal structure as a key factor behind the persistent delays. The country is divided into a Federal Government, three Regions (Flanders, Wallonia, Brussels-Capital), and three Communities (Flemish, French, German-speaking). Many EU directives touch on competencies shared across multiple levels of government, requiring coordination between up to six different entities — a process inherently slower than in unitary states.

Chloé Briere, Professor of European Law at the ULB Institute for European Studies, told La Libre Belgique: “The transposition of directives remains a complex subject and it is quite frequent that member states do not respect transposition deadlines.”

The Belgian Federal Public Service Foreign Affairs, which coordinates transposition efforts, has acknowledged the challenge. As the coordinating body noted in a previous statement: “As the coordinating service, the Foreign Affairs Ministry has made enormous efforts to identify sore points, including the division of powers, and to seek solutions at both the Belgian and European levels.”

What Happens Next

Belgium and the other non-compliant member states now have until approximately mid-September 2026 to respond to the Commission’s formal notice and complete the transposition of the three directives. If the response is deemed insufficient, the Commission may issue a “reasoned opinion” — a more serious formal warning. Continued non-compliance could lead to a referral to the Court of Justice of the EU, potentially resulting in further financial penalties.

The stakes are significant. The ESAP project, for instance, is a cornerstone of the EU’s Capital Markets Union, designed to boost SME visibility and attract investment across the bloc. Its first phase went live on July 10, 2026, meaning Belgian companies may be at a disadvantage if the underlying legal framework is not fully in place. Similarly, delays in transposing CRD6 affect banking stability and prudential oversight, while the E-Evidence Directive is critical for cross-border criminal investigations.

Whether the 2025 fines will serve as the “wake-up call” the Foreign Affairs Ministry hoped for remains to be seen. With the clock ticking on the current two-month deadline, Belgium’s ability to coordinate its multi-level governance structure will be put to the test once again.

This article was compiled from reporting by La Libre Belgique, The Brussels Times, VRT NWS, and legal analysis from Degand Partners.