# PSR Article 51 — Limits and blocking of the use of the payment instrument

Textual state: amended_substantial. 684 words changed; 8 paragraphs added

- 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- Compared against: COM(2023) 367 final — superseded.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. [-Where a specific -]{+The +}payment [-instrument is used for -]{+service provider shall offer to +}the [-purposes of giving permission, the payer and the payer’s -]payment service [-provider -]{+user in the framework contract the possibility of setting in that contract a limit of a maximum amount that can be transferred, which +}may [-agree on spending limits -]{+differ according to each means of payment, including +}for {+credit transfers, and each +}payment [-transactions executed through that payment -]instrument. {+A limit may be on a per-transaction basis or within a set timeframe, at the sole discretion of the payment service user. +}Payment service providers shall not unilaterally [-increase -]{+change +}the spending limits [-agreed -]{+set in the framework contract +}with their payment service users. {+It shall be possible for the payment service user to modify the spending limits set in the framework contract. Payment service providers shall ensure that the payer is able to modify the spending limits set prior to the placing of a payment order.+}

## New paragraph 1a

{+1a. If the payment service user increases the spending limits remotely, payment service providers shall set a delay of four hours for that increase to come into effect. Payment service users shall have the right to adjust or opt out of the application of such delay period. Where a delay period is in place, any subsequent adjustment or opting out of its application shall be subject to the delay period in place. Payment service providers shall immediately notify payment service users, in an agreed manner, when a change to a spending limit is requested, when the delay period referred to in the first subparagraph has ended or when the opt-out referred to in the first subparagraph is exercised.+}

## New paragraph 1c

{+1c. Where a payment service user’s payment order exceeds, or leads to exceeding of the maximum amount, the payer’s payment service provider shall not execute the payment order and shall inform the payment service user of the reasons thereof and how to modify the maximum amount.+}

## Paragraph 2

2. [-If agreed in the framework contract, the -]{+The +}payment service provider may [-reserve the right to -]block the payment instrument for objectively justified reasons relating to the security of the payment instrument, the suspicion of unauthorised or fraudulent use of the payment instrument or, in the case of a payment instrument with a credit line, a significantly increased risk that the payer [-may -]{+might +}be unable to [-fulfil -]{+meet +}its [-liability -]{+obligation +}to pay.

## Paragraph 3

3. In such cases the payment service provider shall inform the payer of the blocking of the payment instrument and the {+specific +}reasons for it in an agreed manner, where possible before the payment instrument is blocked and at the latest immediately thereafter, unless providing such information [-would compromise objectively justified security reasons or -]is prohibited by other relevant Union or national law. {+The payer’s payment service provider shall without undue delay and within two business days at the latest, assess whether the reasons to block the payment instrument are still justified.+}

## Paragraph 4

4. The payment service provider shall unblock the payment instrument or replace it with a new payment instrument once the reasons for blocking no longer exist.

## New paragraph 4a

{+4a. Where the payment service provider offers the payment service user the possibility to initiate or give consent to payment transactions by means of a mobile application, the payment service provider shall require strong customer authentication and the use of different communication channels to activate the mobile application.+}

## New paragraph 4b

{+4b. If the payment service user activates the mobile application remotely, the provider shall set a delay of four hours for that activation to take effect. The payment service user shall have the right to adjust or opt out of the application of such a delay period. Where a delay period is in place, any subsequent adjustment or opting out of its application shall be subject to the delay period in place.+}

## New paragraph 4c

{+4c. The payment service provider shall immediately notify the payment service user, in an agreed manner, and through different communication channels, of the activation of a mobile application. The notification shall include instructions in case the payment service users have not installed the mobile application themselves. The procedure for the notification referred to in this paragraph shall be agreed between the payment service user and the payment service provider.+}

## New paragraph 4d

{+4d. Where the payment service user notifies the payment service provider that they have not activated the mobile application linked to their payment account in accordance with the procedure referred to in paragraph 4c, the payment service provider shall without undue delay ensure that the mobile application does not make it possible to access the payment account of the payment service user, or initiate or give consent to payment transactions.+}

## New paragraph 4e

{+4e. Paragraphs 4a, 4b and 4c shall not apply to the initial establishment of the customer relationship between the payment service user and the payment service provider through the use of a mobile application nor to the activation by the payment service provider at its physical premises of a mobile application on a device of the payment service user.+}

## New paragraph 4f

{+4f. This Article applies to all credit transfers, including credit transfers in euro, notwithstanding Regulation (EU) 260/2012.+}