# PSR Article 88a — Fair, reasonable and non-discriminatory access to mobile devices

Textual state: inserted. New in the compromise text.

- 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- Compared against: COM(2023) 367 final — superseded.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.

## New paragraph 1

{+1. Without prejudice to Article 6(7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and electronic communications service providers within the meaning of Article 2(4) of Directive (EU) 2018/1972 shall allow payment service providers and technical services providers acting on their behalf effective interoperability with, and access for the purposes of interoperability to, the technical features, such as hardware features and software features, that are necessary to processing and executing securely payment transactions, on fair, reasonable and non-discriminatory terms.+}

## New paragraph 2

{+2. Original equipment manufacturers of mobile devices and electronic communications service providers referred to in paragraph 1 shall not be prevented from taking strictly necessary and proportionate measures to ensure that interoperability does not compromise the integrity of the hardware and software features concerned by the interoperability obligation provided that such measures are duly justified.+}

## New paragraph 3

{+3. For the purpose of applying fair, reasonable and non-discriminatory terms pursuant to paragraph 1, original equipment manufacturers of mobile devices and electronic communications service providers referred to in that paragraph shall publish general conditions of effective interoperability and access.+}