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21.7.2011 Official
Journal
of
the
European
Union L
190/87
RECOMMENDATIONS
COMMISSION RECOMMENDATION
of 18 July 2011
on access to a basic payment account
(Text with EEA relevance)
(2011/442/EU)
THE EUROPEAN COMMISSION,
(4) This
Recommendation
sets
out
general
principles
applicable to the provision of basic payment accounts
within the Union.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 292 thereof,
(5) This
Recommendation
should
apply
in
conjunction
with
Directive 2007/64/EC of the European Parliament and of
the Council of 13 November 2007 on payment services
in the internal market ( 1 ). Accordingly, rules on the trans
Whereas:
parency of conditions and on information regarding
payment services should apply to basic payment
accounts.
(1) Ensuring
that
consumers
have
access
to
payment
services
in the European Union (hereinafter referred to as ‘the
Union’) is essential to enable them to fully benefit from
(6) The
provisions
of
this
Recommendation
should
not
prevent Member States or payment services providers
the Single Market and for the Single Market to function
from taking measures justified on legitimate grounds of
properly. At present, the availability of essential payment
public security and public order in conformity with
services is neither ensured by payment service providers
Union law.
nor guaranteed by all Member States in the Union.


(7)
In any Member State, consumers who are legally resident
(2) Existing
restrictive
eligibility
criteria
imposed
by
payment
in the Union and who do not hold a payment account in
service providers to open payment accounts, beyond
that Member State should be in a position to open and
what is required by law, may prevent full access to the
use a basic payment account in that Member State. In
right of freedom of movement of persons within the
order to ensure the widest possible access to basic
Union. Moreover, lack of access to payment accounts
payment accounts, Member States should ensure that
prevents consumers from accessing the mainstream
consumers have access to such an account in spite of
financial services market and thereby weakens financial
their financial circumstances, such as unemployment or
and social inclusion, often to the detriment of the most
personal bankruptcy. However, the right to access a basic
vulnerable part of the population. It also makes it more
payment account in any Member State should be granted
difficult for consumers to access essential goods and
in conformity with the requirements set out in Directive
services. It is therefore necessary to establish principles
2005/60/EC of the European Parliament and of the
on access to basic payment accounts which is a key
Council of 26 October 2005 on the prevention of the
element for promoting social inclusion and cohesion,
use of the financial system for the purpose of money
in order to allow consumers to benefit as a minimum
laundering and terrorist financing ( 2 ), in particular with
from a common set of essential payment services.
regard to customer due diligence procedures.
(3) It
is
important
to
ensure
that
principles
on
access
to (8) Furthermore
this
Recommendation
should
be
without
basic payment accounts are applied consistently
prejudice to the payment service provider’s obligation
throughout the Union. However, in order to be more
to terminate the basic payment account contract in
effective, those principles would need to be implemented
taking into account the variety of banking habits within
( 1 ) OJ L 319, 5.12.2007, p. 1.
the Union.
( 2 ) OJ L 309, 25.11.2005, p. 15.

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L 190/88
EN
Official Journal of the European Union
21.7.2011
exceptional circumstances under relevant Union or
to the consumer in the event of non-compliance with
national legislation, such as legislation on money laun
any of the terms laid down in the contract should also be
dering and terrorist financing or on the prevention and
reasonable.
investigation of crimes.
(13) In
order
to
ensure
consistency
and
efficiency
in
the
(9) To
ensure
the
availability
of
basic
payment
accounts
in
implementation of the principle of a reasonable charge,
light of their specific national circumstances, Member
Member States should establish what constitutes a
States should be able to designate, based on the prin
reasonable charge on the basis of the indicative criteria
ciples of transparency, non-discrimination and propor
laid down in this Recommendation, which may be
tionality, one, several or all payment service providers.
considered together.
The measures to be adopted by Member States in this
respect should not create distortions of competition
between payment service providers and should be
based on the principles of transparency, non-discrimi
(14) Measures
to
enhance
consumers’
awareness
of
the
avail
nation and proportionality. In this context, Member
ability of basic payment accounts are also necessary in
States should make public the rights enjoyed by and
order to promote financial inclusion. General, clear and
the obligations placed on the providers that are
comprehensible information should therefore be
responsible for providing basic payment accounts.
provided to consumers by Member States as well as by
payment service providers on the main features and
conditions of the use of such accounts as well as on
the practical steps that the consumer should follow in
exercising the right to open a basic payment account.
(10) In order to ensure transparency and fairness of treatment
The consumer should also be informed that the
and in order to allow the consumer to question the
purchase of additional services is not compulsory to
payment service provider’s decision, the payment
access a basic payment account.
service provider should inform the consumer of the
grounds and justification for his refusal of access to a
basic payment account.
(15) Compliance with the provisions laid down in this
Recommendation requires the processing of consumers’
personal data. Such processing is governed by Directive
(11) Access to a core range of essential payment services
95/46/EC of the European Parliament and of the Council
should be guaranteed in any Member State. Services
of 24 October 1995 on the protection of individuals
inseparably linked to basic payment accounts should
with regard to the processing of personal data and on
include the facility to deposit and withdraw cash into
the free movement of such data ( 1 ), notably its Articles 6,
and from the account. They should enable the
7, 10, 11, 12 and 17 so as to ensure the fair and lawful
consumer to make essential payment transactions such
processing and the respect of the fundamental right to
as receiving income or benefits, paying bills or taxes and
protection of personal data, in particular with regard to
purchasing goods and services, including via direct debit,
the general requirements of necessity and proportionality,
credit transfer and the use of a payment card. In order to
the data subject’s right of access to his own data, the
ensure the fullest financial inclusion possible, such
rectification and erasure or blocking of inaccurate data,
services should allow the purchase of goods and
and its Article 28 regarding the monitoring of
services online where technically possible. They should
compliance with Directive 95/46/EC by independent
also give the opportunity to the consumer to initiate
public data protection authorities.
payment orders via the payment service provider’s
online banking facilities where technically possible.
However a basic payment account should not allow the
execution of payment orders where such payment orders
(16) Consumers
should
have
access
to
effective
out-of-court
would result in a negative balance on the account. Access
complaint and redress procedures for the settlement of
to credit should not be considered as an automatic
disputes arising from the principles set out in this
component of or a right attached to a basic payment
Recommendation. Existing bodies and schemes, for
account.
instance those existing for the settlement of disputes
concerning rights and obligations arising under
Directive 2007/64/EC, may be used.
(12) Where the payment service provider charges the
consumer for the opening, operating and closing of the
account and for using the services that are inseparably
(17) The
implementation
of
the
principles
laid
down
in
this
associated to it as defined in this Recommendation, the
Recommendation should be reinforced through super
total amount charged should be reasonable for the
visory review at the national level. Competent authorities
consumer and should be such that the consumer, in
should be empowered to fulfil their monitoring duties
the light of specific national circumstances, is not
efficiently.
prevented from opening the basic payment account
and using its associated services. All additional charges
( 1 ) OJ L 281, 23.11.1995, p. 31.

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EN
21.7.2011 Official
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of
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European
Union L
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(18) Member States should have reliable annual statistics at
SECTION II
least on the number of basic payment accounts
opened, the number of refusals and terminations of
Right of access
basic payment accounts and the charges associated to
basic payment accounts. To this end, Member States
2. Member States should ensure that any consumer legally
are invited to use any relevant sources of information.
resident in the Union has the right to open and use a
They should communicate this information to the
basic payment account with a payment service provider
Commission on an annual basis and for the first time
operating in their territory provided that the consumer
by 1 July 2012 at the latest.
does not already hold a payment account allowing him
to make use of the payment services listed in paragraph
6 in their territory. Such a right should apply irrespective of
the consumer’s financial circumstances.
(19) Member
States
should
be
invited
to
take
the
necessary
measures to ensure the application of this Recommen
dation at the latest 6 months after its publication. Based
on the reporting provided by Member States, the
3. Member States should ensure that at least one payment
Commission will monitor and assess the measures
service provider is in charge of offering basic payment
taken by 1 July 2012. On the basis of this monitoring,
accounts in their jurisdiction. For this purpose, they
the Commission will propose any necessary action,
should take into consideration the geographical location
including legislative measures if needed, in order to
or market share of payment service providers in their juris
ensure that the objectives of this Recommendation are
dictions. Member States should ensure that this does not
fully met,
create distortions of competition between payment service
providers.
HAS ADOPTED THIS RECOMMENDATION:
4. Member States should take measures to guarantee that
payment services providers use transparent, fair and
SECTION I
reliable systems when verifying whether the consumer
already holds or does not hold a payment account.
Definitions
1. For the purposes of this Recommendation, the following
definitions apply:
5. Member States should ensure that where an application for
access to a basic payment account is refused, the payment
service provider immediately informs the consumer of the
(a) ‘Consumer’ means any natural person who is acting for
grounds and the justification for such a refusal, in writing
purposes other than his trade, business, craft or
and free of charge. Limitations to this right to information
profession;
may be made by legislative measures where such a limi
tation constitutes a necessary and proportionate measure to
safeguard the objectives of national security or public
policy.
(b) ‘Payment service provider’ means the payment service
provider(s) as defined in Article 4(9) of Directive
2007/64/EC, which is in charge of offering basic
payment accounts pursuant to paragraph 3;
SECTION III
Characteristics of a basic payment account
(c) ‘Payment account’ means an account held in the name
6. A basic payment account should include the following
of one consumer which is used for the execution of
payment services:
payment transactions;
(a) services enabling all the operations required for the
(d) ‘Payment transaction’ means a payment transaction as
opening, operating and closing of a payment account;
defined in Article 4(5) of Directive 2007/64/EC;
(e) ‘Funds’ means funds as defined in Article 4(15) of
(b) services enabling money to be placed on a payment
Directive 2007/64/EC;
account;
(f) ‘Contract’ means a framework contract as defined in
(c) services enabling cash withdrawals from a payment
Article 4(12) of Directive 2007/64/EC.
account;

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L 190/90
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Official Journal of the European Union
21.7.2011
(d) execution of payment transactions, including transfers
(c) total costs relating to the provision of the basic
of funds in and out of a payment account with the
payment account;
consumer’s payment service provider or with another
service provider following:
(d) national consumer prices.
(i) the execution of direct debit;
SECTION V
(ii) the execution of payment transactions through a
General information
payment card that does not allow the execution of
payment transactions that would exceed the
13. Member States should launch campaigns raising awareness
current balance of the payment account;
among the public about the availability of basic payment
accounts, their pricing conditions, the procedures to be
followed in order to exercise the right to access basic
payment accounts and the methods for having access to
(iii) the execution of credit transfers.
an out-of-court complaint and redress mechanism.
7. Access to a basic payment account should not be made
14. Member States should ensure that payment service
conditional on the purchase of additional services.
providers make information available to consumers about
the specific features of the basic payment accounts on offer,
their associated charges and their conditions of use. The
8. The payment service provider should not offer, explicitly or
consumer should also be informed that the purchase of
tacitly, any overdraft facilities in conjunction with a basic
additional services is not compulsory to access a basic
payment account. A payment order to the consumer’s
payment account.
payment service provider should not be executed where
such an execution would result in a negative balance of
the consumer’s basic payment account.
SECTION VI
Supervision and out-of-court dispute resolution
mechanisms
SECTION IV
15. Member States should designate competent authorities to
Associated charges
ensure and monitor effective compliance with the principles
9. Member States should ensure that a basic payment account
set out in this Recommendation. Those designated
is provided either free of charge or at a reasonable charge.
competent authorities should be independent from
payment service providers.
10. Where a payment service provider charges the consumer
16. Member States should ensure that appropriate and effective
for the opening, operating and closing of a basic payment
complaints and redress procedures are established for the
account or for the use of one, some or all services listed in
out-of-court settlement of disputes concerning the rights
paragraph 6, the total amount of charges to the consumer
and obligations established under the principles set out in
should be reasonable.
this Recommendation between payment service providers
and consumers, using existing bodies where appropriate.
Member States should further ensure that all payment
11. Any additional fees that the payment service provider may
service providers responsible for providing basic payment
charge in relation to the basic payment account contract,
accounts adhere to one or more such bodies implementing
including those resulting from non-compliance with the
such complaint and redress procedures.
consumer’s commitments laid down in the contract,
should be reasonable.
17. Member States should ensure that the bodies referred to in
paragraph 16 actively cooperate in the resolution of cross-
12. Member States should establish what constitutes a
border disputes.
reasonable charge according to one or several of the
following criteria:
SECTION VII
(a) national income levels;
Statistical information
18. Member States should ensure that payment services
providers provide national authorities with reliable
(b) average charges associated with payment accounts in
information at least on the number of basic payment
that Member State;
accounts opened, the number of applications for basic

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EN
21.7.2011 Official
Journal
of
the
European
Union L
190/91
payment accounts refused and the grounds of such refusals,
6 months after its publication and to notify the
the number of terminations of such accounts as well as the
Commission of any measures taken in accordance with
charges associated to basic payment accounts on an annual
this Recommendation.
basis. Such information should be provided in an
aggregated form.
19. On an annual basis and for the first time by 1 July 2012 at
21. This Recommendation is addressed to the Member States.
the latest, Member States are invited to provide the
Commission with information on the number of basic
payment accounts opened, the number of applications for
basic payment accounts refused and the grounds of such
refusals, the number of terminations of such accounts as
well as the charges associated to basic payment accounts.
Done at Brussels, 18 July 2011.
SECTION VIII
Final provisions
For the Commission
20. Member States are invited to take the necessary measures to
Michel BARNIER
ensure the application of this Recommendation at the latest
Member of the Commission

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