---
instrument_id: psr
chunk_id: psr_t03_ch01
chunk_title: Common provisions
path: "Title III RIGHTS AND OBLIGATIONS IN RELATION TO THE PROVISION AND USE OF PAYMENT SERVICES > Chapter 1"
source_class: operative_text
document_type: proposal
normative_weight: non_binding
legal_status: council_compromise_text
jurisdiction: EU
effective_period:
  from: null
  to: null
articles_contained:
  - 27
  - 28
  - 29
  - 30
topics:
  - payments
  - payment_services
  - general_provisions
  - authorisation
recitals:
  - number: 80b
    text: "Payment fraud including the initiation or modification of payment orders without the payer’s consent, the theft of sensitive payment data, including personal security credentials, or the manipulation of the payer, including by means of impersonation, frequently involves fraudulent activity of users of services such as interpersonal communication services or hosting services, which allow the storage and, where applicable, dissemination to the public of online content. Depending on the technical characteristics of the service provided, providers of those services have access to different data, and as such, to different types of indications of potentially fraudulent activity. As such, those providers have the capacity to contribute to the collective fight against fraud, including via ‘spoofing’, by exchanging relevant information with payment service providers, with the aim of preventing and detecting fraudulent uses of interpersonal communication or hosting services. By way of example, relevant information may include the payment account details of traders obtained by providers of online platforms allowing consumers to conclude distance contracts with traders in accordance with Article 30 of Regulation (EU) 2022/2065 related to items of information identified as illegal content by those providers, or information on payment instruments reported as stolen by payment service users to payment service providers. The processing of personal data strictly necessary for the purpose of fraud prevention constitutes a legitimate interest of the interpersonal communication service providers, providers of hosting services, payment service providers and their customers. Providers of interpersonal communication services and of hosting services should be able to exchange personal data with payment service providers to identify fraudulent actors and fraudulent behaviours, where all conditions of Article 6(1)(f) of Regulation (EU) 2016/679 are fulfilled. Furthermore, providers of interpersonal communication services and hosting services should also assist the fight against fraud by exchanging with payment service providers information regarding fraud scenarios, trends and threats identified in relation to the use of their services. In doing so, they may help improve the effectiveness of transaction monitoring mechanisms and the educational campaigns and training on fraud prevention implemented in accordance with this Regulation."
  - number: 81
    text: "Where the relevant conditions, including the requirements of Regulation (EU) 2016/679, for the exchange, on a voluntary basis, of information necessary to prevent and detect fraud are fulfilled, providers of interpersonal communication services and providers of very large online platforms and very large online search engines within the meaning of Article 33 of Regulation (EU) 2022/2065 should have in place dedicated communication channels, or enter into information sharing arrangements or systems for effective communication with payment service providers, such as the information sharing arrangements established under Article 29 of Directive (EU) 2022/2555. Such mechanisms should contain robust safeguards in relation to confidentiality, data protection and use of information, in compliance with Regulation (EU) 2016/679."
---

# Chapter 1 - Common provisions

## Article 27 - Scope

1. Where the payment service user is not a consumer, the payment service user and the payment service provider may agree that Article 28(1), Article 49(7), and Articles 55, 60, 62, 63, 66, 75 and 76 do not apply in whole or in part. The payment service user and the payment service provider may also agree on time limits that are different from those laid down in Article 54.

2. Member States may provide that Article 95 does not apply where the payment service user is not a consumer.

3. Member States may provide that provisions in this Title are applied to microenterprises in the same way as to consumers.

4. Member States shall [ OP please insert the date = data of application of this Regulation] notify to the Commission the provisions of their law adopted pursuant to paragraph 2 and
3. They shall, without delay, notify any subsequent amendment to such provisions.

## Article 28 - Charges applicable

1. The payment service provider shall not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this Title, unless otherwise specified in Article 65(1), Article 66(5) and Article 74(4). Those charges shall be agreed between the payment service user and the payment service provider and shall be reasonable and in line with the payment service provider’s actual costs.

2. For payment transactions provided within the Union, where both the payer’s and the payee’s payment service providers are, or the sole payment service provider in the payment transaction is, located in the Union, the payee shall pay the charges levied by his payment service provider, and the payer shall pay the charges levied by his payment service provider.

3. The payee shall not request charges for the use of payment instruments for which interchange fees are regulated under Chapter II of Regulation (EU) 2015/751 and for credit transfers, including instant credit transfers, and direct debit transactions within the Union.

4. Member States may extend the prohibition or limit the right of the payee to request charges for the use of payment instruments other than the ones referred to in paragraph 3, taking into account the need to encourage competition and promote the use of efficient payment instruments.

5. Without prejudice to paragraphs 3 and 4 and for instruments not covered in those paragraphs, the payment service provider shall not prevent the payee from requesting from the payer a charge, offering him a reduction or otherwise steering the payer towards the use of a given payment instrument. Any charges applied shall not exceed the direct costs borne by the payee for the use of the specific payment instrument.

6. Member States shall [ OP please insert the date = data of application of this Regulation] notify to the Commission the provisions of their law adopted pursuant to paragraph 4. They shall, without delay, notify any subsequent amendment to such provisions.

## Article 29 - Derogation for low value payment instruments and electronic money

1. In the case of payment instruments which, according to the framework contract, solely concern individual payment transactions not exceeding EUR 50 or which either have a spending limit that does not exceed EUR 300, or store funds which do not exceed EUR 300 at any time, payment service providers may agree with their payment service users that:

   (a) Article 52, point (b), Article 53(1), points (c) and (d) , and Article 60(4) do not apply if the payment instrument does not allow its blocking or prevention of its further use;

   (b) Articles 55 and 56, and Article 60(1) and (4), do not apply if the payment instrument is used anonymously or the payment service provider is not in a position for other reasons which are intrinsic to the payment instrument to prove that a payment transaction was authorised;

   (c) by way of derogation from Article 65(1), the payment service provider is not required to notify the payment service user of the refusal of a payment order, if the non-execution is apparent from the context;

   (d) by way of derogation from Article 66, the payer shall not revoke the payment order after transmitting the payment order or authorising the payment transaction to the payee;

   (e) by way of derogation from Articles 69 and 70, other execution periods apply.

1a. By way of derogation from paragraph 1, the spending and storing limits for prepaid payment instruments shall not exceed EUR 500.

2. Articles 56 and 60 shall apply also to electronic money, except where the payer’s payment service provider does not have the ability to freeze the payment account on which the electronic money is stored or block the payment instrument. Member States may limit that derogation to payment accounts on which the electronic money is stored or to payment instruments of a certain value.

3. Member States shall, by the date of application of this Regulation, notify to the Commission the provisions of their law adopted pursuant to paragraph 2. They shall, without delay, notify any subsequent amendment to such provisions.

## Article 30 - Issuance and redeemability of electronic money

1. Issuers of electronic money shall issue electronic money at par value on the receipt of funds.

2. Upon request by the holder of the electronic money, the issuer of the electronic money shall redeem, at any moment and at par value, the monetary value of the electronic money held.

3. The contract between the issuer of the electronic money and the holder of the electronic money shall clearly and prominently state the conditions of redemption, including any applicable fees, and the electronic money holder shall be informed of those conditions before being bound by any contract or offer.

4. Redemption of electronic money may be subject to a fee only if stated in the contract in accordance with paragraph 3 and only in any of the following cases:

   (a) where the holder of electronic money requests redemption before the termination of the contract;

   (b) where the contract provides for a termination date and the holder of electronic money terminates the contract before that date;

   (c) where redemption is requested more than one year after the date of termination of the contract.

Any such fee shall be proportionate to and commensurate with the actual costs incurred by the electronic money issuer.

5. Where the holder of electronic money requests redemption before the termination of the contract, the holder may request redemption of the electronic money in whole or in part.

6. Where redemption is requested by the holder of the electronic money on the date of the termination of the contract, or up to one year after such termination, the issuer of the electronic money shall do either of the following:

   (a) Redeem the total monetary value of the electronic money; or

   (b) Redeem all funds requested by the electronic money holder where the payment institution carries out one or more of the activities as referred to in Article 10(1)(c) of Directive XXX [PSD3] and it is unknown in advance what proportion of funds is to be used as electronic money by electronic money holders.

7. Notwithstanding paragraphs 4, 5 and 6, redemption rights of a person, other than a consumer, who accepts electronic money shall be subject to the contractual agreement between the electronic money issuer and that person.

8. A payment institution that issues electronic money shall not grant to the holder of electronic money interest or any other benefit related to the length of time during which he or she holds the electronic money.