--- instrument_id: psr chunk_id: psr_t03_ch02 chunk_title: Access to payment systems and to accounts maintained with credit institutions path: "Title III RIGHTS AND OBLIGATIONS IN RELATION TO THE PROVISION AND USE OF PAYMENT SERVICES > Chapter 2" 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: - 31 - 31a - 32 topics: - payments - payment_services - payment_systems - data_access - authorisation - credit_risk - liquidity_risk - risk_assessment - enforcement - aml recitals: - number: 66 text: "The review of Directive (EU) 2015/2366 has revealed that account information and payment initiation service providers are still exposed to many unjustified obstacles, despite the level of harmonisation achieved and the prohibition on such obstacles imposed by Article 32(3) of Commission Delegated Regulation (EU) 2018/38916. Those obstacles still significantly hamper the full potential of open banking in the Union. Those obstacles are regularly reported by account information and payment initiation service providers to supervisors, regulators and the Commission. They were analysed by the EBA in its Opinion of 4 June 2020 on obstacles under Article 32(3) of the RTS on SCA and CSC1. Despite clarifications efforts made, there is still a lot of uncertainty, in the market and with supervisors, as to what constitutes a ‘prohibited obstacle’ to regulated open banking services. It is therefore indispensable to provide a clear and non-exhaustive list of such prohibited open banking obstacles, relying in particular on the work carried out by the EBA." --- # Chapter 2 - Access to payment systems and to accounts maintained with credit institutions ## Article 31 - Access to payment systems 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. 2. A payment system operator shall make publicly available its rules and procedures for admission to participation in that payment system and the criteria and methodology it uses for risk assessment of applicants for participation. 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. 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. 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. 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. 7. Member States shall designate a competent authority to ensure compliance with paragraphs 1, 2, 3, 5 and 6 as applicable by payment systems and payment schemes governed by their national 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. ## Article 31a - Transparent practices of payment card schemes, processing entities and acquirers 1. Operators of payment card schemes and processing entities shall ensure that the fees imposed on payment service providers providing acquiring services are categorised and disclosed in a clear and consistent manner allowing for the comparability of billing categories between schemes and processing entities, based on at least the following categories: interchange fees; processing fees; and scheme fees of which: - mandatory fees; - fees linked to a specific behaviour or to the use or non use of a technology; and - fees related to optional services. The categories of fees shall be clearly defined. That information shall be disclosed to payment service providers providing acquiring services in a manner ensuring full clarity as to which fees correspond to which services. The information shall be as specific as possible and, where possible, distinguish the fees applied according to the card category, the sales channel, the transaction volume and value of the merchant and the geographical location. 2. Payment service providers providing acquiring services shall use the information disclosed under paragraph 1 when fulfilling their obligations set by Articles 9 and 12 of Regulation (EU) 2015/751. 3. For the purposes of paragraph 1, operators of payment card schemes and operators of processing entities shall: - communicate any new fees and any change in scheme and processing fees unambiguously in a transparent and consistent manner to the payment service providers providing acquiring services no later than 6 months prior to their implementation; - maintain a single EU public repository of their scheme and processing rules and fees, according to the categories of fees referred to in paragraph 1. 4. The Commission shall adopt a delegated act in accordance with Article 106 to supplement this Regulation by further specifying the information to be disclosed to payment service providers providing acquiring services under paragraph 1. The Commission shall adopt that delegated act by [OP please insert the date= 15 months after the date of entry into force of this Regulation. ## Article 32 - Provision by credit institutions of payment accounts to payment institutions -1. Credit institutions shall provide access to payment accounts to payment institutions, their agents and applicants for authorisation as a payment institution on an objective, non- discriminatory and proportionate basis. Such access shall be sufficiently extensive as to allow payment institutions to provide payment services in an unhindered and efficient manner. 1. A credit institution may refuse to open or may close a payment account for a payment institution for its agents or for an applicant for an authorisation as a payment institution only in the following cases: (a) the opening or maintaining such a payment account would result in an infringement of Regulation (EU) 2024/1624 of the European Parliament and of the Council27; (b) there is or has been a material breach of contract committed by the payment institution or its agents; (c) relevant information or documents have not been received from the applicant for an account; 27 Regulation (EU) 2024/1624 of the European Parliament and of the Council of 31 May 2024 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (Text with EEA relevance), OJ L, 2024/1624, 19.6.2024, p.1 (ea) the competent authority has refused to grant or has withdrawn an authorisation as a payment institution. 2. Rights granted under paragraph 1 to agents shall be granted exclusively for the provision of payment services on behalf of the payment institution. 3. Without undue delay and at the latest one month after receiving a complete application, a credit institution shall notify to the payment institution or to its agents or to the applicant for authorisation as a payment institution, as well as to the competent authority, any decision to refuse to open a payment account to a payment institution or to its agents or to an applicant for authorisation as a payment institution; it shall duly motivate any such decision. Such motivation must be specific to the risks posed by the activity or planned activity of that payment institution or of its agents, as assessed by the credit institution, based upon grounds referred to in paragraph 1 and not be generic in nature. The credit institution shall notify to the payment institution or to its agents, as well as to the competent authority, of the decision to close the payment account at least 4 months before closing the payment account. Any decision to close a payment account shall be duly motivated, specific and based upon grounds referred to in paragraph 1, and shall consider the payment institution’s ability to comply with the safeguarding requirement as set out in Article 9 of Directive (EU) [PSD3]. By way of derogation from the first and second subparagraphs, credit institutions shall in the cases covered under paragraph 1, point (a): - only notify to the payment institution, its agents or the applicant for authorisation as a payment institution that opening or maintaining a payment account would result in an infringement of Regulation (EU) 2024/1624 and shall not disclose any detail on the nature of that infringement; - be entitled to close the payment account following a shorter notice period. 3a. The competent authority may publish aggregate data on payment account refusals and closures. 4. A payment institution or its agents, or an applicant for authorisation as a payment institution which is the subject of a negative decision by a credit institution on access or of a decision on closure from payment accounts services may appeal to a competent authority. 5. The EBA shall develop draft regulatory technical standards specifying the harmonised format and information to be contained in the notification and motivation referred to in paragraph 3 of this Article. The EBA shall submit the draft 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 to 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.