# PSR Article 69 — Payment transactions to a payment account

Textual state: amended_substantial. 854 words changed; 5 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- Compared against: COM(2023) 367 final — superseded.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. Without prejudice to [-Article 2(1), point (c) -]{+relevant Union or national legislation in the field +}of [-Regulation (EU) No 260/2012, -]{+anti-money laundering and anti-terrorism financing, +}the payer’s payment service provider shall ensure that after the time of receipt as referred to in Article 64, the amount of the payment transaction will be credited to the payee’s payment service provider’s account by the end of the following business day. That time limit may be extended by a further business day for paper-initiated payment transactions.

## Paragraph 2

2. [-The -]{+Without prejudice to relevant Union or national legislation in the field of anti-money laundering and anti-terrorism financing, the +}payment service provider of the payee shall value date and make available the amount of the payment transaction to the payee’s payment account after the payment service provider has received the funds in accordance with Article 73.

## New paragraph 2a

{+2a. By way of derogation from paragraph 2, if, based on the transaction monitoring conducted in accordance with Article 83, or on any relevant information available to the payee’s payment service provider, but not solely on the outcome of the service ensuring the verification of payee, the payee’s payment service provider has objectively justified reasons to suspect that a payment transaction credited or to be credited to its account is fraudulent, that payment service provider may, in compliance with its obligations to refrain from carrying out suspicious transactions under Article 71 of Regulation (EU) 2024/1624, decide to not make the funds available on the payee’s payment account and to return the funds to the payment service provider of the payer, provided that that decision takes place within the timeline set out in Article 73 of this Regulation. Where the reasons to suspect that a payment transaction credited or to be credited to the payee's account is fraudulent are clear and incontrovertible, the payee's payment service provider shall not make the funds available on the payee’s payment account and shall return the funds to the payment service provider of the payer. Where a payment service provider does not comply with the obligation set out in subparagraph 2, the payer shall not bear any financial losses, except if the payer has acted fraudulently. The first and second subparagraphs shall be without prejudice to the obligation of the payee’s payment service provider to report suspicious transactions set out in Article 69 of Regulation (EU) 2024/1624. For the purpose of this Regulation, the fact that a payment order is unusual shall not by itself constitute objectively justified reasons to suspect fraud. The burden of proof that there was no breach of subparagraph 2 shall be on the payment service provider of the payee.+}

## New paragraph 2b

{+2b. Where the payment service provider of the payee returns the funds to the payer's payment service provider pursuant to the first or second subparagraphs of paragraph 2a, the payment service provider of the payee shall: (i) immediately notify the payment service provider of the payer of the return of the funds, and of the reasons for the refusal to make the funds available on the payee’s payment account, in accordance with the rules on prohibition of disclosure set out in Article 73(5) of Regulation (EU) 2024/1624; and (ii) ensure that the amount of the payment transaction is credited to the payer’s payment service provider within the timeline set out in paragraph 1.+}

## New paragraph 2c

{+2c. Upon receiving the notification pursuant to paragraph 2b, point (i), the payment service provider of the payer shall, immediately and free of charge, inform the payer, and, where applicable, make the information available to the payment initiation service provider, that the funds have not been made available on the payee’s payment account due to measures aimed at fraud prevention, without prejudice to Article 73 of Regulation (EU) 2024/1624. The payment service provider of the payer shall also inform the payer of the return of the funds and the timeline for making the amount of the payment transaction available on the payer’s payment account. The payment service provider of the payer shall value date and make available the amount of the payment transaction credited to its account pursuant to paragraph 2b, point (ii), to the payer’s payment account in accordance with Article 73 of this Regulation.+}

## New paragraph 2d

{+2d. In the case of instant credit transfers, where the payment service provider of the payee returns the funds to the payer's payment service provider pursuant to the first or second subparagraphs of paragraph 2a, the payment service provider of the payee shall: (i) within 10 seconds of the time of receipt of the payment order for an instant credit transfer by the payer’s payment service provider, notify the payer’s payment service provider of the return of the funds, and of the reasons for the refusal to make the funds available on the payee’s payment account, in accordance with the rules on prohibition of disclosure set out in Article 73(5) of Regulation (EU) 2024/1624; and (ii) where the amount of the transaction has been credited to its account, ensure that those funds are credited immediately to the payer’s payment service provider. (iii)+}

## New paragraph 2e

{+2e. Immediately upon receiving the notification referred to in paragraph 2d, point (i), the payment service provider of the payer shall: (i) restore the payment account of the payer to the state in which it would have been had the transaction not taken place; and (ii) free of charge, inform the payer, and, where applicable, make the information available to the payment initiation service provider, of the return of the funds, and, without prejudice to Article 73 of Regulation (EU) 2024/1624, that the funds have not been made available on the payee’s payment account due to measures aimed at fraud prevention.+}

## Paragraph 3

3. The payee’s payment service provider shall transmit a payment order placed by or through the payee to the payer’s payment service provider within the time limits agreed between the payee and the payment service provider, enabling [-settlement, as far as direct debit is concerned, -]{+settlement +}on the agreed due date. {+Paragraph 2a shall apply accordingly.+}