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AI Summary of Article 65 Confirmation on the availability of funds

Member States shall ensure that an account servicing payment service provider, upon request by a payment service provider issuing card-based payment instruments, immediately confirms whether the amount necessary for the card-based payment transaction is available on the payer's online-accessible payment account, where the payer has given explicit consent to that account servicing provider to respond to requests from that specific payment service provider and that consent was given before the first request. A payment service provider may request confirmation where the payer has given explicit consent to that provider, the payer initiated the card transaction with a card issued by that provider, and the provider authenticates itself and communicates securely in accordance with point (d) of Article 98(1).

The confirmation shall be a simple 'yes' or 'no' only, not an account balance, and shall not be stored or used other than for executing the card transaction, nor permit blocking of funds. The payer may request the account servicing provider to communicate the identifying details of the payment service provider and the answer. This Article does not apply to card-based transactions on which electronic money as defined in point (2) of Article 2 of Directive 2009/110/EC is stored.

Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 12 January 2016 - onwards
Version 2 of 2

Article 65 Confirmation on the availability of funds

1. Member States shall ensure that an account servicing payment service provider shall, upon the request of a payment service provider issuing card-based payment instruments, immediately confirm whether an amount necessary for the execution of a card-based payment transaction is available on the payment account of the payer, provided that all of the following conditions are met:

(a) the payment account of the payer is accessible online at the time of the request;

(b) the payer has given explicit consent to the account servicing payment service provider to respond to requests from a specific payment service provider to confirm that the amount corresponding to a certain card-based payment trans­ action is available on the payer's payment account;

(c) the consent referred to in point (b) has been given before the first request for confirmation is made.

2. The payment service provider may request the confirmation referred to in paragraph 1 where all of the following conditions are met: