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EU: EC launches infringement procedures for failure to transpose DAC9 and DAC8

Letters for formal notice sent to 10 member states for DAC9 and 12 member states for DAC8

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february 13, 2026

The European Commission (EC) on January 30, 2026, announced its decision to launch infringement procedures (by sending letters of formal notice) against 10 member states (Belgium, Bulgaria, Cyprus, Czechia, Greece, Malta, the Netherlands, Portugal, Romania, and Sweden) that had not notified national measures transposing Council Directive (EU) 2025/872 on administrative cooperation to establish a framework for the exchange of Pillar Two information between member states (DAC9) into domestic legislation.

The EC on January 30, 2026, also announced its decision to launch infringement procedures (by sending letters of formal notice) against 12 member states (Belgium, Bulgaria, Cyprus, Czechia, Estonia, Greece, Luxembourg, Malta, the Netherlands, Poland, Portugal, and Spain) that had not notified national measures transposing Council Directive (EU) 2023/2226 on provisions for the exchange of information on cryptoassets (DAC8) into domestic legislation.

Member states were required to transpose both directives by December 31, 2025. The deadline for the member states to reply to the letters of formal notice and complete their transposition is two months. In the meantime, several of the above mentioned member states have published/adopted DAC9 implementing legislation (including the Netherlands and Romania) and DAC8 implementing legislation (including Romania).

Read a February 2026 report prepared by KPMG’s EU Tax Centre

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