BETA

28 Amendments of Gilles BOYER related to 2021/0171(COD)

Amendment 73 #
Proposal for a directive
Recital 14
(14) The definitions contained in this Directive determine the scope of harmonisationzation and are without prejudice to national law in the situations indicated below. The obligation on Member States to implement this Directive should therefore be limited to its scope as determined by those definitions. However, this Directive should be without prejudice to the application by Member States, in accordance with Union law, of the provisions of this Directive to areas not covered by its scope. A Member State could thereby maintain or introduce national legislation corresponding to this Directive or certain provisions of this Directive on credit agreements outside its scope, for instance on credit agreements upon the conclusion of which the consumer is requested to deposit an item as security in the creditor's safe-keeping and where the liability of the consumer is strictly limited to that pledged item. Furthermore, Member States could also apply this Directive to linked credit which does not fall within the definition of a linked credit agreement in this Directive. Thus, the provisions of this Directive on linked credit agreements could be applied to credit agreements that serve only partially to finance a contract for the supply of goods or provision of a service.
2022/02/28
Committee: ECON
Amendment 74 #
Proposal for a directive
Recital 15
(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, to ensure increased transparency and better consumerHowever, to maintain the “raison d’être” of these short term/small amount credits, the extension of the scope must be accompanied by protecportion, resulting in higher consumer confidence. To this extent, leasing agreements, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and payate requirements. This Directive should not apply to hiring or leasing agreements where an obligation to purchase them off over time, and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directivebject of the agreement is not laid down either by the agreement itself or by any separate agreement. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.
2022/02/28
Committee: ECON
Amendment 80 #
Proposal for a directive
Recital 26
(26) Consumers who are legally resident in the Union should not be discriminated against on ground of their nationality or place of residence, or on any ground as referred to in Article 21 of the Charter when requesting, concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the Union. However, these provisions are applied without prejudice to the right of creditors not to engage in certain activities in certain Member States.
2022/02/28
Committee: ECON
Amendment 82 #
Proposal for a directive
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate information, for careful consideration at their own leisure and convenience, if possible at least one day prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29. __________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
2022/02/28
Committee: ECON
Amendment 105 #
Proposal for a directive
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negative, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loans to fund exceptional healthcare expenses, students loans or loans for consumers with disabilities. In such case, when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
2022/02/28
Committee: ECON
Amendment 131 #
Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
(ja) Rental or leasing agreements in which an obligation to purchase the rental or leasing item is neither laid down by the agreement itself nor by any separate agreement; such an obligation shall be deemed to exist if such an obligation is decided unilaterally by the creditor.
2022/02/28
Committee: ECON
Amendment 139 #
Proposal for a directive
Article 2 – paragraph 2 – point j b (new)
(jb) credit Agreements in form of an overdraft facility and where the credit has to be repaid within one month;
2022/02/28
Committee: ECON
Amendment 145 #
Proposal for a directive
Article 2 – paragraph 3
3. Notwithstanding paragraph 2, point (c), this Directive applies to unsecured credit agreements involving a total amount of credit of more than EUR 100 000, where the purpose of those credit agreements is the renovation of a residential immovable property, provided they do not fall under the scope of different national legislation.
2022/02/28
Committee: ECON
Amendment 171 #
Proposal for a directive
Article 7 – paragraph 1
Without prejudice to Directive 2005/29/EC, Member States shall require that any advertising and marketing communications concerning credit agreements or crowdfunding credit services covered by this legislation are fair, clear and not misleading. Wording in such advertising and marketing communications that may create false expectations for a consumer regarding the availability or the cost of a credit shall be prohibited.
2022/02/28
Committee: ECON
Amendment 192 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that clear and comprehensible general information about credit agreements or crowdfunding credit services is made available to consumers by creditors or, where applicable, by credit intermediaries or providers of crowdfunding credit services, at all times in electronic form or on request by the customer on paper or on another durable medium.
2022/02/28
Committee: ECON
Amendment 197 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one dayin due time before he or she is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
2022/02/28
Committee: ECON
Amendment 203 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point q
(q) the right of early repayment, and, where applicable, information concerning the creditor's right to compensation and the way in which that compensation will be determined in accordance with Article 29;
2022/02/28
Committee: ECON
Amendment 208 #
Proposal for a directive
Article 10 – paragraph 4
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre-contractual information: (a) (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f)deleted the total amount of credit; the borrowing rate, or all in the case of a credit in the form costs in the case of late payments;
2022/02/28
Committee: ECON
Amendment 212 #
Proposal for a directive
Article 10 – paragraph 4 – introductory part
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shallmay provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre- contractual information:
2022/02/28
Committee: ECON
Amendment 282 #
Proposal for a directive
Article 17 – paragraph 1
Member States shall prohibit any sale of credit to consumers, without their prior request andor explicit agreement.
2022/02/28
Committee: ECON
Amendment 288 #
Proposal for a directive
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate and proportionate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services, according to the nature, duration and the risk profile of the consumer.
2022/02/28
Committee: ECON
Amendment 303 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
The information obtained in accordance with this paragraph shall be appropriately verified, where necessary through reference to independently verifiable documentation or by statistical methods with automated decision-making.
2022/02/28
Committee: ECON
Amendment 307 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2
Member States shall also require that the creditor or the provider of crowdfunding credit services documents and maintains the information referred to in paragraph 2.deleted
2022/02/28
Committee: ECON
Amendment 310 #
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
2022/02/28
Committee: ECON
Amendment 331 #
Proposal for a directive
Article 18 – paragraph 9 a (new)
9a. Notwithstanding the preceding paragraphs and for proportionality reasons, for credits Agreements below the amount of EUR 250 or credit agreements under the terms of which the credit has to be repaid within three months, the creditor complies with the requirements of this article through the consultation of the relevant databases referred to in article 19 of the directive.
2022/02/28
Committee: ECON
Amendment 332 #
Proposal for a directive
Article 18 – paragraph 9 b (new)
9b. Member States shall require that each creditors, credit intermediaries and providers of crowdfunding credit services that are not credit institutions as defined in Article 4(1), point(1), of Regulation (EU) No 575/2013 , authorised to consult the relevant databases referred to in article 19, are obliged to the enrichment of them.
2022/02/28
Committee: ECON
Amendment 343 #
Proposal for a directive
Article 21 – paragraph 3 a (new)
3a. In the case of credit agreements in the form of overdraft facilities where the credit has to be repaid on demand or between one and three months as referred to in Article 2(4b), the following shall be specified in a clear and concise manner: (a) the type of credit; (b) the identities and geographical addresses of the contracting parties as well as, if applicable, the identity and geographical address of the credit intermediary involved; (c) the duration of the credit agreement; (d) the total amount of the credit and the conditions governing the drawdown; (e) the borrowing rate, the conditions governing the application of the borrowing rate and, where available, any index or reference rate applicable to the initial borrowing rate, as well as the periods, conditions and procedure for changing the borrowing rate and, if different borrowing rates apply in different circumstances, the above mentioned information in respect of all the applicable rates; (f) the annual percentage rate of charge and the total cost of the credit to the consumer, calculated at the time the credit agreement is concluded; all the assumptions used in order to calculate that rate as referred to in Article 19(2) in conjunction with Article 3(g) and (i) shall be mentioned; Member States may decide that the annual percentage rate of charge need not be provided; (g) an indication that the consumer may be requested to repay the amount of credit in full on demand at any time; (h) conditions governing the exercise of the right of withdrawal from the credit agreement; and (i) information concerning the charges applicable from the time such agreements are concluded and, if applicable, the conditions under which those charges may be changed.
2022/02/28
Committee: ECON
Amendment 352 #
Proposal for a directive
Article 24 a (new)
Article 24a 1. In good time before the consumer becomes bound by any credit agreement or offer concerning a credit agreement as referred to in Article 2(4b), the creditor and, where applicable, the credit intermediary shall, on the basis of the credit terms and conditions offered by the creditor and, if applicable, the preferences expressed and information supplied by the consumer, provide the consumer with the information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement. The information in question shall specify: (a) the type of credit; (b) the identity and geographical address of the creditor as well as, if applicable, the identity and geographical address of the credit intermediary involved; (c) the total amount of credit; (d) the duration of the credit agreement; (e) the borrowing rate; the conditions governing the application of that rate, any index or reference rate applicable to the initial borrowing rate, the charges applicable from the time the credit agreement is concluded, and, where applicable, the conditions under which those charges may be changed; (f) the annual percentage rate of charge, illustrated by means of representative examples mentioning all the assumptions used in order to calculate that rate; (g) the conditions and procedure for terminating the credit agreement; (h) where applicable, an indication that the consumer may be requested to repay the amount of credit in full at any time; (i) the interest rate applicable in the case of late payments and the arrangements for its adjustment, and, where applicable, any charges payable for default; (j) the consumer's right to be informed immediately and free of charge, pursuant to Article 19(2), of a database consultation carried out for the purposes of assessing his creditworthiness; (k) information about the charges applicable from the time such agreements are concluded and, if applicable, the conditions under which those charges may be changed; (l) if applicable, the period of time during which the creditor is bound by the pre-contractual information. Such information shall be provided by digital message and, if required by the consumer, on paper or on another durable medium and all information shall be equally prominent. It may be provided by means of the European Consumer Credit Information form set out in Annex III. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3(1) and (2) of Directive 2002/65/EC if he has supplied the European Consumer Credit Information. 2. Member States may decide that the annual percentage rate of charge need not be provided. 3. However, in the case of voice telephony communications and where the consumer requests that the overdraft facility be made available with immediate effect, the description of the main characteristics of the financial service shall include at least the items referred to in points (c), (e), (f) and (h) of paragraph 1. 4. Upon request, the consumer shall, in addition to receiving the information referred to in paragraphs 1 to 4, be supplied free of charge with a copy of the draft credit agreement containing the contractual information provided for by Article 21 insofar as that Article is applicable. This provision shall not apply if the creditor is at the time of the request unwilling to proceed to the conclusion of the credit agreement with the consumer. 5. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with paragraph 1, the creditor shall immediately after the conclusion of the credit agreement fulfil his obligations under paragraph 1 by providing the contractual information pursuant to Article 21 insofar as that Article is applicable.
2022/02/28
Committee: ECON
Amendment 381 #
Proposal for a directive
Article 31
Article 31 Caps on interest rates,deleted Member States shall introduce interest rates applicable to credit the annual percentage rate of charge and the total cost of the credit to the consumer 1. caps on one or more of the following: (a) agreements or to crowdfunding credit services; (b) charge; (c) consumer. 2. additional caps for revolving credit facilities.Member States may introduce
2022/02/28
Committee: ECON
Amendment 386 #
Proposal for a directive
Article 31 – paragraph 1 – introductory part
1. Member States shallmay introduce caps on one or more of the following:
2022/02/28
Committee: ECON
Amendment 470 #
Proposal for a directive
Article 47 – paragraph 2
Directive 2008/48/EC shall also continue to apply to credit agreements existing on [OP: please insert date - six12 months from the transposition deadline] until [their termination].
2022/02/28
Committee: ECON
Amendment 472 #
Proposal for a directive
Article 47 – paragraph 3
However, Articles 23 and 24, Article 25(1), second sentence, Article 25(2) and Articles 28 and 39 of this Directive shall apply to all open-end credit agreements existing on [OP: please insert date - six12 months from the transposition deadline].
2022/02/28
Committee: ECON
Amendment 479 #
Proposal for a directive
Annex II
STANDARD EUROPEAN CONSUMER CREDIT OVERVIEW [...] Wherever ‘where applicable’ is indicated, the creditor or the provider of crowdfunding credit services must fill in the box if the information is relevant to the credit product, or delete the information or the entire row where the information is not relevant for the type of credit concerned. Indications between square brackets provide explanations for the creditor or the provider of crowdfunding credit services and must be replaced with the corresponding information. The Standard European Consumer Credit Overview must be displayed on one page on top of the Standard European Consumer Credit Information form, be clearly legible and be adapted to take into account the technical constraints of media on which it is displayed.deleted
2022/02/28
Committee: ECON