27 Amendments of Fabio Massimo CASTALDO related to 2018/0063(COD)
Amendment 258 #
Proposal for a directive
Recital 55 a (new)
Recital 55 a (new)
(55 a) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the freedom to conduct a business, the right to property, the right to respect to private life and the protection of personal data and the right to a high level of consumer protection, in particular by establishing stringent conduct rules for credit services, excluding certain credit agreements from the scope and ensuring effective supervision. This Directive is to be implemented in accordance with those rights and principles.
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 267 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) a credit servicer of a non- performing credit agreement issued by a credit institution established in the Union or by its subsidiaries established in the Union which acts on behalf of a creditor, in accordance with applicable Union or national law.
Amendment 269 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) a credit purchaser of a non- performing credit agreement issued by a credit institution established in the Union or by its subsidiaries established in the Union, whereby the credit purchaser assumes the creditor's obligations under the credit agreement, in accordance with applicable Union and national law;
Amendment 271 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 274 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive does not affect the protection granted to consumers, or borrowers pursuant to Directive 2014/17/EU, Directive 2008/48/EC, Council Directive 93/13/EEC and the national provisions transposing them, with regard to credit agreements falling within its scope or any other relevant national laws relating to consumer protection and borrowers rights.
Amendment 279 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Articles 3 to 22 and 34 to 43 of tThis Directive shall not apply to the following:
Amendment 281 #
Proposal for a directive
Article 2 – paragraph 4 – point d a (new)
Article 2 – paragraph 4 – point d a (new)
(d a) credit agreements concluded prior to ... [the date of entry into force of this Directive].
Amendment 283 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 284 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) 'creditor' means a credit institution or any legal person who has issued a credit in the course of his trade, business or profession, or a credit purchaser;
Amendment 287 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) 'non-performing credit agreement' means a credit agreement whereby payments of interest and principal are more than 90 days past due, or 180 days past due, where applicable, in accordance with Article 178 of Regulation (EU) No 575/2013 (CRR);
Amendment 295 #
Proposal for a directive
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘host Member State’ means a Member State, other than the home Member State, in which a credit servicer has established a branch, has appointed an agent or a subsidiary or where a credit servicer provides services.
Amendment 304 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall lay down the following minimum requirements for the granting of an authorisation as referred to in Article 4(1):
Amendment 345 #
Proposal for a directive
Article 10
Article 10
Amendment 348 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10 a Provisions to ensure consumer protection 1. Member States shall require that credit servicers and credit purchasers, in their relationship with the debtors, act in good faith, fairly, professionally and respect their privacy; 2. Member States shall ensure that credit services comply with the following requirements: a) the information provided shall not be misleading, unclear or false; b) credit servicers shall protect the personal information and privacy of the debtors and not communicate with persons other than the borrower, including family members or employers, unless under authorisation by the debtor; c) credit services shall not communicate to debtors in a way which constitutes harassment, coercion, or undue influence, including through: i) using intimidating, abusive or coercive language or behaviour; ii) using violence or physical force; iii) exerting undue, excessive or unreasonable pressure; iii) publishing or threatening to publish a debtor's failure to pay; iv) threatening to take any action that cannot legally be taken. 3. Member States shall ensure that fees and penalties charged on borrowers by credit servicers do not exceed the actual costs incurred for the servicing of the debt.
Amendment 350 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that a credit servicer having obtained an authorisation in accordance with Article 5 in a home Member State has the right to provide in the Union those services that are covered by that authorisation, provided that it does so in full compliance with the requirements and standards for consumer protection and borrower rights established under the national law of the host Member State.
Amendment 356 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. Before the credit servicer starts to carry out a cross-border activity, the competent authority of the host Member State shall, within 30 working days of the receipt of the information referred to in paragraph 3, inform the competent authority of the home Member State, of the requirements and restrictions relating to consumer protection and borrowers rights under the national law of the host Member State which shall apply to the credit servicing activities. The competent authority of the home Member State shall communicate this information to the credit servicer.
Amendment 357 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a Derogation from the freedom to provide credit servicing activities in a host Member State Article 11 shall not apply to credit agreements concluded between creditors and borrowers who are consumers as defined in point (a) of Article 3 of Directive 2008/48/EC and business borrowers secured by the immovable residential property which is the primary residence of a business borrower.
Amendment 361 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that where a credit servicer which is domiciled or established in a home Member State, has set up a branch or appointed an agent subsidiary in a host Member State, the competent authorities of the home Member State and the competent authorities of the host Member State shall cooperate closely in the performance of their functions and duties provided for in this Directive, in particular when carrying out checks, investigations and on-site inspections in that branch or in respect of that agent.
Amendment 364 #
Proposal for a directive
Article 12 – paragraph 9
Article 12 – paragraph 9
9. Member States shall ensure that where the competent authorities of the host Member State have evidence that a credit servicer providing services within its territory, in accordance with Article 11, is in breach of the obligations arising from the national provisions transposing this Directive, it shall transmit that evidence tohost Member State's requirements relating to consumer protection and borrower rights or other national laws applicable to credit agreements, including the obligations arising from the national provisions transposing this Directive, or there are reasonable grounds to suspect that such breach might take place, it shall inform the competent authorities of the home Member State immediately and request that they take appropriate measures, in coordination with the competent authority of the host Member State.
Amendment 368 #
Proposal for a directive
Article 12 – paragraph 11
Article 12 – paragraph 11
11. Member States shall ensure that where, after having informed the home Member State no adequate measures were taken in a reasonable time or despite measures taken by the competent authorities of the home Member State or in an urgent case, the credit servicer continues to be in breach of the obligations under this Directive, the competent authorities of the host Member State are entitled to take appropriate administrative sanctions or penalties and remedial measures in order to ensure compliance with the applicable provisions of this Directive within its territorye host Member State after informing without delay the competent authorities of the home Member State, including preventing such credit servicers from operating in its Member State.
Amendment 372 #
Proposal for a directive
Article -13 (new)
Article -13 (new)
Article -13 Right to buy-back Member States shall ensure that credit institutions or their subsidiaries, where they notify the intention to transfer a credit agreement to third parties, offer the borrower of that credit agreement the option to buy back its debt at a discounted price, within a reasonable timeframe and in instalments. Member States shall determine the practical arrangements and conditions under which such right can be exercised for the purpose of ensuring a fair and correct treatment of consumers, while limiting the risk of moral hazard.
Amendment 374 #
Proposal for a directive
Article 13 – paragraph -1 (new)
Article 13 – paragraph -1 (new)
-1. Member States shall require credit institutions or their subsidiaries to notify the borrower of their intention to transfer to third parties a credit agreement concluded with that borrower and to provide the borrower the relevant information about the credit purchaser and its rights.
Amendment 412 #
Proposal for a directive
Article 18
Article 18
Amendment 430 #
Proposal for a directive
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Member States shall ensure that competent authorities of the home Member State designated pursuant to Article 20(3), are given all supervisory, investigatory and sanctioning powers necessary for the exercise of their functions and duties laid down in this Directive, including the following:
Amendment 437 #
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Without prejudice to the supervisory powers of competent authorities and the right of Member States to provide for and impose criminal sanctions, Member States shall lay down rules establishing appropriate administrative penalties and remedial measures applicable in at least the following situations:
Amendment 460 #
Proposal for a directive
Title 5
Title 5