3 Amendments of Pedro MARQUES related to 2018/0063A(COD)
Amendment 382 #
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 transposingrequirements laid down in Article 5 of this Directive, it shall transmit that evidence to the competent authorities of the home Member State and request that they take appropriate measures.
Amendment 383 #
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, where immediate action is necessary to address a serious threat to the collective interests of the borrowers, given that the credit servicer continues to be in breach of the applicable rules, including its obligations under this Directive and other national rules, 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 provisions of this Directive within its territory after informing without delaapplicable rules after informing without delay the competent authorities of the home Member State. In addition, the competent authorities of the host Member State may prohibit further activities of such credit servicers in its Member State until an adequate decision is taken by the competent authoritiesy of the home Member State or a remedial measure is taken by the credit servicer.
Amendment 407 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that a credit purchaser is not subject to any additional administrative requirements for the purchase of creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself other than as provided for by the national measures transposing this Directive, the consumer protection law or governing contract law. Member States shall ensure that relevant Union and national law concerning in particular the enforcement of contracts, consumer protection, borrower's rights, credit origination, bank secrecy rules and criminal law continues to apply to the credit purchaser upon the transfer of the creditor’s rights under a credit agreement or the credit agreement itself to the credit purchaser. The level of protection provided under Union and national law to consumers and other borrowers shall not be affected by the transfer of the creditor’s rights under a credit agreement or the credit agreement itself to the credit purchaser.