# PSR Article 2 — Scope

Textual state: amended_substantial. 531 words changed; 1 paragraph 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- Compared against: COM(2023) 367 final — superseded.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. This Regulation applies to payment services provided within the Union by the following categories of payment service providers: (a) credit institutions as defined in Article 4(1), point (1) of Regulation (EU) No 575/2013 of the European Parliament and of the [-Council[61], -]{+Council25, +}including branches thereof where such branches are located in the Union, whether the head offices of those are located within the Union or outside the Union; (b) post office giro institutions which are entitled under national law to provide payment services; (c) payment institutions; (d) the ECB and national central banks when not acting in their capacity as monetary authority or other public authorities; (e) Member States or their regional or local authorities when not acting in their capacity as public authorities. {+25 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).+}

## New paragraph 1a

{+1a. This Regulation also applies to services provided within the Union by the following entities: (a) technical service providers, for the purposes of Articles 23(2), 58, 87, 88a, 89, 91 and 93; (b) operators of payment systems and payment schemes, for the purposes of Articles 31, 80, 91 and 93, payment schemes for the purpose of Articles 31a 58 and processing entities for Article 31a; (c) providers of electronic communications services as defined in Article 2(4), point (b), of Directive (EU)2018/1972, for the purposes of Articles 59, 59a, 84, 88a, 91 and 93; (ee) providers of electronic communications services as defined in Article 2(4), of Directive (EU)2018/1972, for the purposes of Article 88a; (ef) providers of hosting services, for the purposes of Articles 59a, 78 and 91; (eg) providers of very large online platforms and of very large online search engines within the meaning of Article 33 of Regulation (EU) 2022/2065 for the purposes of Articles 59a, 59b, 84 and 89a; (eh) original equipment manufacturers of mobile devices for the purposes of Article 88a.+}

## Paragraph 2

2. This Regulation does not apply to the [-following services: -]{+following: +}(a) payment transactions made exclusively in cash directly from the payer to the payee, without any intermediary intervention; {+(a1) payment transactions made exclusively in electronic money tokens directly from the payer to the payee, without any intermediary intervention; +}(b) payment transactions from the payer to the payee through a commercial agent, [-as defined in Article 1(2) of Directive 86/653/EEC, -]provided that [-all of -]{+the +}following conditions are [-met : i) -]{+met: (i) +}the commercial agent is authorised via an agreement to negotiate or conclude the sale or purchase of goods or services on behalf of only the payer or only the payee, but not both of [-them, irrespective of whether or not the commercial agent is in the possession of the client’s funds, -]{+them; +}and [-ii) -]{+(ii) +}such agreement gives the [-payer or the payee -]{+commercial agent +}a real [-margin -]{+scope +}to negotiate with the [-commercial agent -]{+payer +}or {+payee or +}conclude the sale or purchase of goods or services; (c) payment transactions consisting of the non-professional cash collection and delivery within the framework of a non-profit or charitable activity; (d) services where cash is provided by the payee to the payer as part of a payment transaction for the purchase of goods and services, following an explicit request by the payment service user just before the execution of the payment transaction; (e) services where [-cash is provided in -]retail stores {+agree to provide cash +}following an explicit request by the payment service user but independently of the execution of any payment transaction and without any obligation to make a purchase of goods and [-services. The payment service user shall be provided with information on any possible charges for this service before the requested cash is provided; -]{+services; +}(f) payment transactions based on any of the following documents drawn on the payment service provider to place funds at the disposal of the payee: (i) paper cheques governed by the Geneva Convention of 19 March 1931 providing a uniform law for cheques; (ii) paper cheques similar to those referred to in point (i) and governed by the laws of Member States which are not party to the Geneva Convention of 19 March 1931 providing a uniform law for cheques; (iii) paper-based drafts referred to in the Geneva Convention of 7 June 1930 providing a uniform law for bills of exchange and promissory notes; (iv) paper-based drafts similar to those referred to in point (iii) and governed by the laws of Member States which are not party to the Geneva Convention of 7 June 1930 providing a uniform law for bills of exchange and promissory notes; (v) paper-based [-vouchers; -]{+vouchers or physical vouchers of similar nature; +}(vi) paper-based traveller’s cheques; (vii) paper-based postal money orders as defined by the Universal Postal Union; (g) payment transactions carried out within a payment or securities settlement system between settlement agents, central counterparties, clearing houses or central banks and other participants of the system, and payment service providers, without prejudice to Article 31; (h) payment transactions related to securities asset servicing, including dividends, income or other distributions, or redemption or sale, carried out by persons as referred to in point (g) or by investment firms, credit institutions, collective investment undertakings or asset management companies providing investment services and any other entities allowed to have the custody of financial instruments; [-(i) without prejudice to Article 23(2), -]{+(ha) payments transactions carried out by a crypto-asset service provider intermediating between a buyer +}and [-Articles 58 and 87, services provided -]{+a seller where electronic money tokens are exchanged for other electronic money tokens or for crypto-assets, as well as the exchange of electronic money tokens for funds, including electronic money tokens, or crypto-assets carried out +}by [-technical -]{+a crypto-asset +}service [-providers; -]{+provider acting in its own name as buyer or seller of those electronic money tokens; +}(j) services based on specific payment [-instruments -]{+instruments, including electronic money-based instruments, +}that meet one of the following conditions: (i) instruments allowing the holder to acquire goods or services only in the {+premises, including physical +}premises {+or online stores, +}of the issuer or within a single limited network of service providers under direct commercial agreement with a professional issuer; (ii) instruments which can be used only to acquire a very limited range of goods or [-services; -]{+services, including instruments restricted to be used in transactions between payment service users who are not consumers; +}(iii) instruments valid only in a single Member State, which are provided at the request of an undertaking or a public sector entity and regulated by a national or regional public authority for specific social or tax purposes to acquire specific goods or services from suppliers having a commercial agreement with the [-issuer; -]{+issuer, and which cannot be converted into cash; +}(k) payment transactions by a provider of electronic communications networks as defined in Article 2, point (1), of Directive (EU) 2018/1972 of the European Parliament and of the [-Council[62], -]{+Council26, +}or services provided in addition to electronic communications services as defined in Article 2, point (4), of that Directive to a subscriber to the network or service: (i) to purchase digital content and voice-based services, regardless of the device used for the purchase or consumption of the digital content and charged to the related bill; or (ii) performed from or via an electronic device and charged to the related bill within the framework of a charitable activity or for the purchase of tickets; provided that the value of any single payment transaction does not exceed EUR [-50 -]{+60 +}and: [-–the -]{+- the +}cumulative value of payment transactions for an individual subscriber does not exceed EUR [-300 -]{+360 +}per month, or [-–where -]{+- where +}a subscriber pre-funds its account with the provider of the electronic communications network or service, the cumulative value of payment transactions does not exceed EUR [-300 -]{+360 +}per month; {+26 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36). +}(l) payment transactions carried out between payment service providers, their agents or branches for their own account; {+(la) payment transactions carried out between crypto-asset service providers or their branches for their own account; +}(m) payment transactions and related services between a parent undertaking and its subsidiary or between subsidiaries of the same parent undertaking, without any intermediary intervention by a payment service provider other than an undertaking belonging to the same group, and the collection of payment orders on behalf of a group by a parent undertaking or its subsidiary for onward transmission to a payment service provider. {+(n) professional physical transport of banknotes and coins, including their collection, processing and delivery; (o) cash-to-cash currency exchange operations where the funds are not held on a payment account.+}

## Paragraph 3

3. Titles II and III apply to payment transactions in the currency of a Member State where both the payer’s payment service provider and the payee’s payment service provider are, or the sole payment service provider in the payment transaction is, located within the Union.

## Paragraph 4

4. Title II, except for Article 13(1), point [-(b) , -]{+(b), +}Article 20, point [-(2)(e) -]{+(b)(v) +}and Article 24, point (a), and Title III, except for Articles 67 to 72, apply to payment transactions in a currency that is not the currency of a Member State, where both the payer’s payment service provider and the payee’s payment service provider are, or the sole payment service provider in the payment transaction is, located within the Union, in respect to those parts of the payments transaction which are carried out in the Union.

## Paragraph 5

5. Title II, except for Article 13(1), point (b), Article 20, point [-(2)(e) -]{+(b)(v) +}and point [-(5)(h) -]{+(e)(viii) +}and Article 24, point (a), and Title III, except for Article 28(2) and (3), Articles {+50, 57, +}62, 63 and 67, Article 69(1), and Articles 75 and 78, apply to payment transactions in all currencies where only one of the payment service providers is located within the Union, in respect to those parts of the payments transaction which are carried out in the Union.

## Paragraph 6

6. Member States may exempt institutions referred to in Article 2(5), points (4) to (23), of Directive 2013/36/EU from the application of all or part of the provisions of this Regulation.

## Paragraph 7

7. By [ OP please insert the date= one year after the date of entry into force of this Regulation], the EBA shall issue Guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010, addressed to the competent authorities designated under this Regulation, on the exclusion for payment transactions from the payer to the payee through a commercial agent referred to in paragraph 2, point (b) of this Article.

## Paragraph 8

8. The EBA shall develop draft Regulatory Technical Standards to specify the conditions of the exclusions referred to in paragraph 2, point (j). The EBA shall take into account the experience acquired in the application of the EBA guidelines of 24 February 2022 on the limited network exclusion under Directive (EU) 2015/2366. The EBA shall submit the Regulatory Technical Standards referred to in the first subparagraph to the Commission by [ OP please insert the date= one year after the date of entry into force of this Regulation]. Power is delegated on the Commission to adopt the Regulatory Technical Standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

## Paragraph 9

9. Member States shall notify to the Commission the provisions of its law which it adopts pursuant to paragraph 6, by the date of application of this Regulation, and, without delay, any subsequent amendment affecting them.