# PSR Article 31 — Access to payment systems

Textual state: amended_substantial. 139 words changed

- 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- Compared against: COM(2023) 367 final — superseded.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. Payment system operators shall have in place objective non-discriminatory, transparent and proportionate rules on access to a payment system by authorised or registered payment service providers that are legal persons. Payment system operators shall not inhibit access to a payment system more than is necessary to safeguard against specific risks, including where applicable settlement risk, operational risk, credit risk, liquidity risk and business risk or more than is necessary to protect the financial and operational stability of the payment system.

## Paragraph 2

2. A payment system operator shall make publicly available its rules and procedures for admission to participation [-to -]{+in +}that payment system and the criteria and methodology it uses for risk assessment of applicants for participation.

## Paragraph 3

3. Upon receiving an application for participation by a payment service provider, a payment system operator shall assess the relevant risks of granting the applicant payment service provider access to the system. A payment system operator shall only refuse participation to an applicant payment service provider where the applicant poses risks to the system, as referred to in paragraph 1. The payment system operator shall notify that applicant payment service provider in writing whether the request for participation is granted or refused and shall provide full reasons for any refusal.

## Paragraph 4 (removed)

[-4. Paragraphs 1, 2 and 3 shall not apply to payment systems composed exclusively of payment service providers belonging to the same group.-]

## Paragraph 5

5. Payment system operators shall not have in place any of the following requirements: (a) restrictive rules on effective membership in other payment systems; (b) rules which discriminate between authorised payment service providers or between registered payment service providers in relation to the rights, obligations and entitlements of members; (c) restrictions on the basis of institutional status.

## New paragraph 5a

{+5a. Paragraphs 1, 2, 3 and 5 shall apply to operators of payment schemes. Those paragraphs shall not apply to operators of payment systems and payment schemes composed exclusively of payment service providers belonging to the same group.+}

## Paragraph 6

6. A participant of a payment system that allows an authorised or registered payment service provider that is not a participant of the payment system to pass transfer orders through that payment system shall, when requested, give the same possibility to other authorised or registered payment service providers in an objective, proportionate, transparent and non-discriminatory manner. In case of a rejection of such request, the participant of a payment system shall provide any requesting payment service provider with full reasons for such rejection.

## Paragraph 7

7. [-For payment systems that are not covered by Eurosystem oversight, pursuant to Regulation (EU) No 795/2014, -]Member States shall designate a competent authority [-responsible for oversight of payment systems -]to ensure [-enforcement of -]{+compliance with +}paragraphs [-1 -]{+1, +}2, 3, 5 and 6 {+as applicable +}by payment systems {+and payment schemes +}governed by their national [-law. -]{+law, except for cases where those requirements are enforced by the Eurosystem or central banks of non euro area Member States as part of the oversight of the operations of those payment systems or schemes, such as payment systems subject to Regulation (EU) 2025/1355.+}