Two years after the publication of the European Commission recommendation on open access to scientific information, the critical threshold of accessibility to fifty percent of papers has been crossed. However, this figure is an average and the implementation of the EC recommendation varies from one country to another. The topical issue now is to observe the different steps of implementation and to wonder about the reaseons of such a disparity. In order to suggest many elements of the response, this research compares the different levels of implementation in the EU28.