After transposition by Cyprus and Poland, 20 of 26 EU Member States, which are bound by Directive 2014/41/EU regarding the European Investigation Order in criminal matters, are now able to use the new tool in the area of mutual legal assistance within the EU (last reviewed 7 February 2018).

On 25 January 2018, the European Commission issued a reasoned opinion to Austria, Bulgaria, Luxembourg, and Spain for failing to transpose the EU rules on the EIO in time. The Commission had sent a formal notice to these Member States in July 2017 already and the reasoned opinion is the second step of the infringement procedure. If the concerned States fail to act within two months, the case may be referred to the CJEU.