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 transaction 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:
(a) the payer has given explicit consent to the payment service provider to request the confirmation referred to in paragraph 1;
(b) the payer has initiated the card-based
payment transaction for the amount in question using a card based
payment instrument issued by the payment service provider;
(c) the payment service provider
authenticates itself towards the account servicing payment service
provider before each confirmation request, and securely communicates
with the account servicing payment service provider in accordance with
point (d) of Article 98(1).
3. In accordance with Directive 95/46/EC, the
confirmation referred to in paragraph 1 shall consist only in a simple
‘yes’ or ‘no’ answer and not in a statement of the account balance. That
answer shall not be stored or used for purposes other than for the
execution of the card-based payment transaction.
4. The confirmation referred to in paragraph 1
shall not allow for the account servicing payment service provider to
block funds on the payer’s payment account.
5. The payer may request the account servicing
payment service provider to communicate to the payer the identification
of the payment service provider and the answer provided.
6. This Article does not apply to payment
transactions initiated through card-based payment instruments on which
electronic money as defined in point (2) of Article 2 of Directive
2009/110/EC is stored.