# PSR Article 39 — Derogation from having a dedicated interface for data access

Textual state: amended_substantial. 156 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- Compared against: COM(2023) 367 final — superseded.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. By way of derogation from Article 35(1), on request of an account servicing payment service provider, the competent authority may exempt the requesting account servicing payment service provider from the obligation to have in place a dedicated interface and allow the account servicing payment service provider to either offer, as interface for secure data exchange, [-one of -]the interfaces that the account servicing payment service provider uses for authentication and communication with its payment services users {+provided this interface offers equivalent functionality to support access by payment initiation service providers and account information service providers and uses widely accepted and interoperable standards +}or, where justified, not to offer any interface at all for secure data exchange. {+Where appropriate, Member States may exempt national central banks not acting in their capacity as monetary authority or other public authorities referred to in Article 2, paragraph 1, letter (d) of this Regulation, from the obligation to have in place a dedicated interface.+}

## Paragraph 2

2. The EBA shall develop draft regulatory technical standards which shall specify the criteria on the basis of which, in accordance with paragraph 1, {+it is justified for +}an account servicing payment service provider [-may be exempted from the obligation to have in place a dedicated interface and be allowed either to provide, as interface for secure data exchange with account information service providers and payment initiation service providers, the interface that it makes available to its payment user for accessing its payment accounts online or, where appropriate, -]not to [-have -]{+offer +}any interface at all for secure data exchange. {+When specifying those criteria, the EBA shall, inter alia, consider the size, annual turnover and payments volume of the account servicing payment service provider. +}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.