# PSR Article 38 — Availability and performance requirements for the dedicated interface

Textual state: amended_substantial. 658 words changed; 2 paragraphs removed

- 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- Compared against: COM(2023) 367 final — superseded.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. Account servicing payment service providers shall take all measures in their power to {+limit planned unavailability of the dedicated interface to the extent strictly necessary and to +}prevent {+unplanned +}unavailability {+and underperformance +}of the dedicated interface. Unavailability shall be presumed to have arisen when five consecutive requests for access to information for the provision of payment initiation services or account information services receive {+server error responses or +}no response from the account servicing payment service provider’s dedicated interface within 30 seconds.

## Paragraph 2

2. In case of {+planned +}unavailability of the dedicated interface, account servicing payment service providers [-shall -]{+shall, except for emergency changes, +}inform payment service providers making use of the dedicated interface {+at least one month in advance +}of [-measures taken to restore -]the [-interface -]{+planned unavailability +}and [-of the time estimated necessary for the problem to be resolved. During the period of unavailability, account servicing payment service providers -]{+its duration. Planned unavailability +}shall [-offer to account information -]{+normally occur between 00:00 +}and [-payment initiation service providers without delay an effective alternative solution, such as the use of the interface that the account servicing payment service provider uses for authentication and communication with its users, to access payment account data. -]{+06:00.+}

## New paragraph 2a

{+2a. In case of unplanned unavailability of the dedicated interface, account servicing payment service providers shall timely inform payment initiation service providers and account information service providers making use of the dedicated interface of measures taken to restore the interface and of the time estimated necessary for the problem to be resolved. Account servicing payment service providers shall ensure an optimal recovery time of the dedicated interface.+}

## New paragraph 2b

{+2b. The account servicing payment service providers shall ensure that the dedicated interface provides availability and performance that are equal at least to those of the interface that the account servicing payment service provider uses for authentication and communication with its users.+}

## Paragraph 3 (removed)

[-3. Where the dedicated interface is unavailable and the account servicing payment service provider has not offered a rapid and effective alternative solution referred to in paragraph 2, payment initiation service providers or account information service providers may request their competent authority, providing all necessary information and evidence, to allow them to use the interface that the account servicing payment service provider uses for authentication and communication with its users for payment account data access.-]

## Paragraph 4 (removed)

[-4. Based on the request referred to in paragraph 3, the competent authority may for a time-limited period until the dedicated interface is restored to availability, authorise all payment initiation service providers and account information service providers to access payment accounts data via an interface that the account servicing payment service provider uses for authentication and communication with its users. The competent authority shall communicate its decision to the requesting account information service provider or payment initiation service provider and make it publicly available on its website. The competent authority shall instruct the account servicing payment service provider to restore the full functioning of the dedicated interface before the expiry of the temporary authorisation.-]

## Paragraph 5

5. The [-competent authority -]{+EBA +}shall [-take a decision without undue delay on any request introduced under paragraph 3. As long as -]{+develop draft regulatory technical standards which shall specify: (a) +}the [-competent authority has not taken a decision -]{+requirements related to the quarterly statistics +}on the [-request, -]{+availability and performance of +}the [-requesting payment initiation service provider or account information service provider may exceptionally access payment accounts data via -]{+interfaces referred to in Article 35(5) and the publication thereof; (b) the standards establishing +}an {+optimal recovery time in case of dedicated +}interface [-that -]{+unplanned unavailability pursuant to paragraph 3, based on +}the {+severity of the incident. For the purposes of point (b) of the first subparagraph, the severity shall take into account, among others, the number of customers impacted and types of functionality affected of +}account [-servicing payment service provider uses for authentication -]{+information +}and [-communication with its users. The requesting -]payment initiation service [-provider or account information service provider -]{+providers. The EBA +}shall [-cease -]{+submit the draft regulatory technical standards referred +}to [-do so when -]{+in this paragraph to +}the [-dedicated interface -]{+Commission by [ OP please insert the date = nine months after the date of entry into force of this Regulation]. Power +}is [-restored -]{+delegated +}to [-availability, or when -]the [-competent authority adopts a decision not authorising such use, whichever is the sooner. -]{+Commission to adopt these regulatory technical standards in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.+}

## Paragraph 6 (removed)

[-6. In cases where account servicing payment service providers are obliged to allow account information service providers or payment initiation service providers to access the interface that account servicing payment service providers use for authentication and communication with their users, account servicing payment service providers shall immediately make available any technical specifications needed by account information service providers or payment initiation service providers to adequately connect to the interface that the account servicing payment service provider uses for authentication and communication with its users.-]

## Paragraph 7 (removed)

[-7. When accessing the interface that the account servicing payment service provider uses for authentication and communication with its users, the account information service providers or payment initiation service providers shall meet all requirements laid down in Article 45(2). In particular, the account information service providers or payment initiation service providers shall always duly identify themselves with the account servicing payment services provider.-]