# PSR Article 23 — Termination

Textual state: amended_limited. 4 words changed

- Compared 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- Compared against: COM(2023) 367 final — superseded.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: marker_applied. Editor's notes are selective, not a complete assessment.

**Editor's note** — The period that decides whether a framework contract can be ended free of charge changes from less than 6 months to less than 3 months (Art 23(2)); the payment service provider's own notice period for ending a framework contract of indefinite duration lengthens from at least 2 months to at least 3 months (Art 23(3)). (Both changes move the termination timings that a practitioner drafts termination-fee schedules and notice clauses against. The wording of each paragraph is at least 98% similar to the proposal's, but the termination regime that results is materially different.)

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

## Paragraph 1

1. The payment service user may terminate the framework contract at any time, unless the parties have agreed on a period of notice. Such a period shall not exceed 1 month.

## Paragraph 2

2. Termination of the framework contract shall be free of charge for the payment service user except where the contract has been in force for less than [-6 -]{+3 +}months. Charges, if any, for termination of the framework contract shall be appropriate and in line with costs. Where, under the framework contract, payment services are offered jointly with technical services aimed at supporting the provision of payment services and provided by the payment service provider or by a third party the payment service provider has partnered with, such technical services shall be subject to the same framework contract requirements on termination fees.

## Paragraph 3

3. If agreed in the framework contract, the payment service provider may terminate a framework contract concluded for an indefinite period by giving at least [-2 -]{+3 +}months’ notice in the same way as provided for in Article 19(1).

## Paragraph 4

4. Charges for payment services levied on a regular basis shall be payable by the payment service user only proportionally up to the termination of the contract. If such charges are paid in advance, those charges shall be reimbursed proportionally by the payment service provider.

## Paragraph 5

5. The provisions of this Article are without prejudice to the Member States’ laws and regulations governing the rights of the parties to declare the framework contract unenforceable or void.

## Paragraph 6

6. Member States may provide for more favourable provisions on termination for payment service users.

## Paragraph 7

7. Member States shall by [ OP please insert the date = data of application of this Regulation] notify to the Commission the provisions of their law adopted pursuant to paragraph 6. They shall, without delay, notify any subsequent amendment to such provisions.
