# PSR Article 108 — Review clause

Textual state: amended_substantial. 722 words changed; 2 paragraphs added

- Current text: Council final compromise text (Council document 8221/26) — not yet law.
- Compared against: COM(2023) 367 final — superseded.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. The Commission shall, by [-5 years after -]{+[OP please insert +}the date {+= 7 years after entry into force +}of [-application of -]this [-Regulation, -]{+Regulation], +}submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the application and impact of this Regulation, and in particular on: (a) the appropriateness and the impact on competition and the uptake of open banking of the rules on access to payment accounts data on the business of account information services and payment initiation services, and in particular of the rules on dedicated interfaces and their respective derogations as per Articles 38 and 39; (b) the impact of the rules on the absence of obligatory contractual arrangements and compensation for access by account information service and payment initiation service providers to interfaces referred to in Article 34; [-(c) the appropriateness and the impact of the rules on charges including the rules on surcharging as per Article 28; -](d) the appropriateness and impact of the rules on prevention and redress of fraud on both unauthorised and authorised [-transactions. -]{+transactions, taking into account types and trends of fraudulent behaviours. (da) the appropriateness and impact of the rules on the extent of situations where a consumer has a refund right for authorised transactions in accordance with Article 59. +}Where appropriate, the Commission shall submit a legislative proposal together with its report.

## New paragraph 1a

{+1a. The Commission shall, by ... [5 years after entry into force of this Regulation], submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report reviewing: - the impact of the surcharging provisions, including the effects on consumers, merchants, and competition, and shall assess the need for further harmonisation; and - the impact of refund mechanisms managed by operators of payment schemes or payment service providers that are applicable to payee initiated transactions, with the exclusion of direct debits, as well as the effects of those refund mechanisms on consumers, merchants and competition; - the impact of the provisions contained in Article 59a in relation to obligations imposed on electronic communications services providers in particular, whether those obligations improve the effectiveness of the cooperation between electronic communications services providers and payment service providers under Article 59a. On the basis of that assessment, the Commission shall determine whether it is necessary to introduce any further measures regulating the involvement of electronic communications services providers and payment service providers in the security of payment transactions at EU level; - the impact of the provisions contained in Article 59a in relation to obligations imposed on providers of hosting services, very large online platforms and very large online search engines, in particular whether those obligations improve the effectiveness of the cooperation between providers of hosting services and payment service providers under Article 59a, 59b and the right of redress for PSPs under Article 78. On the basis of that assessment, the Commission shall determine whether it is necessary to introduce any further measures regulating the involvement of providers of hosting services, very large online platforms and very large online search engines, and payment service providers in the security of payment transactions at EU level. Where appropriate, the Commission shall submit a legislative proposal together with its report.+}

## New paragraph 1b

{+1b. The Commission shall, by ... [3 years after entry into force of this Regulation], submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report assessing: - the scope of this Regulation, with regard in particular to payment systems, payment schemes and technical service providers; - whether, in light of the risks and challenges, including anti money laundering law enforcement perspectives, posed by virtual IBANs, including from an anti-money laundering law enforcement perspective, and of their benefits, it would be necessary to introduce further measures regulating virtual IBANs at EU level; - the appropriateness and the impact of the rules set out in Titles II and III of this Regulation with regard to payment transactions with electronic money tokens; - whether, given developments, it would be desirable, to extend the requirements in this Regulation on the verification of the payee and open banking to payment transactions with electronic money tokens. Where appropriate, the Commission shall submit a legislative proposal together with its report.+}

## Paragraph 2

2. The Commission shall, by [ OP please insert the date= [-3 years -]{+18 months +}after the date of entry into force of this Regulation] submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the [-scope -]{+practices +}of [-this Regulation, with regard -]{+payment card schemes, processing entities, payment service providers providing acquiring services and +}in particular {+on: (a) the evolution of their fees in the EEA; including: i. fees charged by payment card schemes and processing entities +}to payment [-systems, -]{+service providers providing acquiring by key transaction category, per Member State, ii. fees charged by +}payment {+service providers providing acquiring services to business payment service users; (b) the conditions related to the application of new rules and associated fees, such as notification period of these rules and fees by payment card +}schemes and [-technical -]{+processing entities; (c) the communication by payment card schemes to payment +}service [-providers. -]{+providers providing acquiring services and processing entities related to rules and fees and their implementation timeline; (d) the capacity of issuers and acquirers to negotiate rules and fees proposed by payment card schemes; (e) the competitive behaviour of the payment card schemes in the acquiring and issuing markets. +}Where appropriate, the Commission shall submit a legislative proposal together with that report. {+A non confidential version of the report shall be made available to the public, including but not limited to aggregate information on the evolution of fees.+}