# PSR Article 97 — Administrative sanctions and other administrative measures for specific infringements

Textual state: amended_substantial. 85 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- Compared against: COM(2023) 367 final — superseded.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. Without prejudice to Article 96(2), national laws, regulations and administrative provisions shall lay down the administrative sanctions and other administrative measures referred to in paragraph 2 of this Article in respect of the breaching [-or circumvention -]of the following provisions: (a) the rules on access to accounts maintained with a credit institution laid down in Article 32; (b) the [-secure data access -]rules [-by either -]{+on +}account [-servicing payment service provider or by account -]information [-service providers -]{+services +}and payment initiation [-service providers -]{+services +}laid down in [-of -]Title III, Chapter [-3, without prejudice to Article 45; -]{+3; +}(c) the obligation to organise or perform fraud prevention [-mechanisms -]{+mechanisms, +}including strong customer authentication as set out in Articles 85, 86 and 87; (d) the duty to comply with the requirements for transparency on fees by ATM operators or other cash distributors, in accordance with Article 20(c) point (ii); (e) failure of payment service providers to respect the period for compensation of payment service users as set out in Article 56(2), Article [-57(2) -]{+57(2), Article 59(2) +}and Article [-59(2). -]{+63(2).+}

## Paragraph 2

2. In the cases referred to in paragraph 1, the applicable administrative sanctions and administrative measures shall include the following: (a) administrative fines; (i) in the case of a legal person, a maximum administrative fine of at least 10% of its total annual turnover as defined under paragraph 3; (ii) in the case of a natural person, a maximum administrative fine of at least EUR [-5 -]{+3 +}000 000, or in the Member States whose currency is not the euro, the corresponding value in the national currency on the date of entry into force of this Regulation; (iii) a maximum administrative fine of at least twice the amount of the profits gained from {+or losses avoided because of +}the breach, where [-that profit -]{+those profits or losses +}can be [-determined. -]{+determined, even if such fine exceeds the maximum amounts set out in this paragraph, point (i), as regards legal persons, or in point (ii) as regards natural persons. +}(b) a public statement indicating the legal or natural person responsible for the breach and the nature of the breach; (c) an order requiring the legal or natural person responsible for the breach to cease the unlawful conduct and to desist from repeating it; (d) a temporary ban preventing a member of the management body of the legal person, or any other natural person who is held responsible for the breach, from exercising managing functions.

## Paragraph 3

3. The total annual turnover referred to in paragraph 2, point (a)(i) of this Article and in Article 98(1) of this Regulation shall be equal to the net turnover as defined in Article 2, point (5), of Directive 2013/34/EU according to the annual financial statements available for the latest balance sheet date, for which the members of the administrative, management and supervisory bodies of the legal person have responsibility. Where the legal person is a parent undertaking or a subsidiary of a parent undertaking which is required to prepare consolidated financial statements in accordance with Article 22 of Directive 2013/34/EU, the relevant total annual turnover shall be the net turnover or the revenue to be determined in accordance with the relevant accounting standards, according to the consolidated financial statements of the ultimate parent undertaking available for the latest balance sheet date, for which the members of the administrative, management and supervisory body of the ultimate undertaking have responsibility.

## Paragraph 4

4. Member States may empower competent authorities, in accordance with national law, to impose other types of {+administrative measures and +}sanctions and other type of sanctioning powers in addition to those referred to in paragraph 2 of this [-Article and Article 98 on periodic penalty payments. -]{+Article.+}