# PSD3 Article 39 — Duty of notification

Textual state: amended_substantial. 208 words changed

- Current text: Council final compromise text (Council document 8222/26) — not yet law.
- Compared against: COM(2023) 366 final — superseded.
- Classification is mechanical; method: https://paymentslaw.eu/method/
- Editorial review state: not_assessed. Markers are curated and selective, not a complete assessment.

Word-level diff, proposal → compromise: `{+text+}` was inserted, `[-text-]` was deleted.

## Paragraph 1

1. Member States [-shall -]{+may +}require service providers that carry out either of the activities referred to in Article [-2(1), -]{+2(2), +}points (j), (i) and (ii), of Regulation XXX [PSR] or [-carrying -]{+carry +}out both activities, for which the total value of payment transactions executed over the preceding 12 months exceeds EUR 1 million, to inform the competent authorities about the services offered, specifying under which exclusion as referred to Article [-2(1), -]{+2(2), +}points (j), (i) and (ii), of Regulation XXX [PSR] the activity is considered to be carried out. [-On -]{+Member States shall ensure that competent authorities are entitled to require any service providers that carry out either of +}the [-basis -]{+activities referred to in Article 2(2), points (j), (i) and (ii), +}of [-that notification, -]{+Regulation XXX [PSR], or carry out both activities, to inform those authorities about +}the {+services offered, specifying under which exclusion as referred to Article 2(2), points (j), (i) and (ii), of Regulation XXX [PSR] the activity is considered to be carried out. Where a +}competent authority {+has received information pursuant to subparagraph 1 or 2, and where the activity does not qualify as a limited network, the competent authority +}shall take a duly motivated decision on the basis of criteria referred to in Article [-2(1), -]{+2(2), +}point (j), {+(i) and (ii), +}of Regulation XXX [-[PSR] where the activity does not qualify as a limited network, -]{+[PSR], +}and inform the service provider thereof.

## Paragraph 2

2. Member States [-shall -]{+may +}require service providers that carry out an activity as referred to in Article [-2(1), -]{+2(2), +}point [-(j), -]{+(k), +}of Regulation XXX [-[PSR] -]{+[PSR], +}to send a notification to competent authorities and provide competent authorities an annual audit opinion, testifying that the activity complies with the limits set out Article [-2(1), -]{+2(2), +}point [-(j), -]{+(k), +}of Regulation XXX [PSR]. {+Member States shall ensure that competent authorities are entitled to require providers that carry out an activity as referred to in Article 2(2), point (k), of Regulation XXX [PSR], to send those authorities an annual audit opinion, testifying that the activity complies with the limits set out Article 2(2), point (k), of Regulation XXX [PSR].+}

## Paragraph 3

3. Member States shall ensure that competent authorities [-shall -]inform the EBA of the services [-notified -]{+of which they are informed +}pursuant to paragraph 1, stating under which exclusion the activity is carried out.

## Paragraph 4

4. The description of the activity [-notified -]{+of which the competent authorities are informed +}under paragraphs [-2 -]{+1 +}and [-3 -]{+2 +}shall be made publicly available in the registers referred to in Articles 17 and 18.