BETA

Activities of Chris MACMANUS related to 2021/0171(COD)

Shadow opinions (1)

OPINION on the proposal for a directive of the European Parliament and of the Council on consumer credits
2022/05/04
Committee: ECON
Dossiers: 2021/0171(COD)
Documents: PDF(317 KB) DOC(218 KB)
Authors: [{'name': 'Marek BELKA', 'mepid': 197496}]

Amendments (36)

Amendment 92 #
Proposal for a directive
Recital 44
(44) Credit offers or credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. In this regard, Member States shall prohibit (i) unsolicited sales of credit, including non- requested pre-approved credit cards sent to the consumers, or the unilateral increase of a consumers’ overdraft or credit card limit, should be prohibitedand (ii) unsolicited credit offers, including visits by the creditor or credit intermediary to the consumer’s place of residence or place of employment, on the occasion of which a credit offer is made to the consumer, without the prior express consent of the consumer; and the creditor or credit intermediary sending to a consumer, by any means of communication, a credit offer, a credit contract, or a payment instrument, without the prior request or express consent of the consumer or a pre-existing legal or contractual obligation.
2022/02/28
Committee: ECON
Amendment 100 #
Proposal for a directive
Recital 46
(46) It is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. That assessment of creditworthiness should be done in the interest of the consumer, to prevent irresponsible lending practices and over- indebtedness, and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit as well as a consumer’s ability to afford the credit. Member States should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan- to-income ratios.
2022/02/28
Committee: ECON
Amendment 101 #
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, cCredit 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.
2022/02/28
Committee: ECON
Amendment 108 #
Proposal for a directive
Recital 47 a (new)
(47a) Member States shall ensure that the creditworthiness assessment and corresponding re-payment plans are tailored to the borrower’s specific profile and repayment capacity, including in the case of the most vulnerable consumers. In particular, where a creditor or a provider of crowdfunding credit services fulfils a social purpose as required by national law, the specificities of the loan such as its nature, maturity and interest rate, as well as the re-payment plan should fit the borrower’s specific profile. Creditors should be held liable and be subject to appropriate penalties in case of a breach of the requirements surrounding the creditworthiness assessment. Consumers should have access to proportionate and effective remedies including compensation for damage suffered by the consumer. Those remedies should be without prejudice to the application of other remedies available to consumers under Union or national law.
2022/02/28
Committee: ECON
Amendment 173 #
Proposal for a directive
Article 7 – paragraph 2 (new)
Advertising of credit agreements shall not be personalised. Only standardised offers may be advertised, without using any data relating to a user to tailor it to a specific time, circumstance or situation.
2022/02/28
Committee: ECON
Amendment 187 #
Proposal for a directive
Article 8 – paragraph 2 – point a a (new)
(aa) In case of a consumer credit with a promotional zero percent interest rate for the first 30 days of the loan duration, any penalty charges due during that period if payments are not made on time and any changes to the interest rate after the 30- day promotional period ends;
2022/02/28
Committee: ECON
Amendment 188 #
Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
(fa) a prominent, clearly visible warning to make consumers aware that borrowing costs money, using the words “warning: borrowing money costs money”. Powers are delegated to the European Commission to adopt and, where necessary, amend regulatory technical standards to stipulate the exact wording, presentation and format of the warning under Article 8 (fa). Those regulatory technical standards shall be adopted in accordance with Articles 10to 14 of Regulation (EU) No 1093/2010. The European Banking Authority (EBA) shall develop draft regulatory technical standards to stipulate the exact wording, presentation and format of the warning under Article 8 (fa) for submission to the Commission by XX. EBA shall review, and if necessary, develop further draft regulatory technical standards for submission to the Commission for the first time by XX and every two years thereafter.
2022/02/28
Committee: ECON
Amendment 225 #
Proposal for a directive
Article 10 – paragraph 7
7. 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 this article, 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 Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.deleted
2022/02/28
Committee: ECON
Amendment 240 #
Proposal for a directive
Article 12 – paragraph 2
2. Member States may adapt the requirement referred to in paragraph 1 with regard to the manner in which the explanations shall be given and the extent to which they shall be given to the following: (a) the circumstances of the situation in which the credit is offered; (b) the person to whomdeleted the nature of the credit is offered; (c).
2022/02/28
Committee: ECON
Amendment 248 #
Proposal for a directive
Article 14 – paragraph 2
2. By way of derogation from paragraph 1 and without prejudice to the application of competition law, Member States may allow creditors or providers of crowdfunding credit services to request the consumer to open or maintain a payment or a savings account, where the only purpose of such an account is one of the following: (a) credit; (b) (c) credit: (d) to provide additional security for the creditor in the event of default.deleted to accumulate capital to repay the to service the credit; to pool resources to obtain the
2022/02/28
Committee: ECON
Amendment 253 #
Proposal for a directive
Article 14 – paragraph 3
3. By way of derogation from paragraph 1 and without prejudice to the application of competition law, Member States may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered, on terms and conditions similar to each other, result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.deleted
2022/02/28
Committee: ECON
Amendment 256 #
Proposal for a directive
Article 14 – paragraph 4
4. By way of derogation from paragraph 1 Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. In addition, creditors or providers of crowdfunding credit services should not be permitted to offer a relevant insurance policy related to the credit agreement of crowdfunding credit services before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.
2022/02/28
Committee: ECON
Amendment 259 #
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
4. Member States may shall prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or, where applicable, credit intermediaries or providers of crowdfunding credit services. Where Member States do not prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms, they shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors, credit intermediaries or providers of crowdfunding credit services providing advisory services:(a) creditors and, where applicable, credit intermediaries or providers of crowdfunding credit services shall consider a sufficiently large number of credit agreements or crowdfunding credit services available on the market; (b) credit intermediaries shall not be remunerated for the advisory services by one or more creditors. Point (b) of the second subparagraph shall apply only where the number of creditors considered is less than a majority of the market. Member States may impose more stringent requirements for the provision of advisory services use of the terms ‘independent advice’ or ‘independent advisor’ by creditors and, where applicable, credit intermediaries or providers of crowdfunding credit services
2022/02/28
Committee: ECON
Amendment 287 #
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 has made a positive 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 account of factors relevant to (i) 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 and(ii) the risk to the consumer of not being able to meet his/her obligations.
2022/02/28
Committee: ECON
Amendment 290 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 a (new)
The creditor shall make reasonable allowances for committed and other non- discretionary expenditures such as the consumers’ actual obligations, including appropriate substantiation and consideration of the living expenses of the consumer and his/her household. The assessment shall ensure that the agreed credit does not put the consumer in financial difficulty and allows the consumer to maintain a minimum standard of living. The creditor shall make prudent allowances for potential negative scenarios in the future, including for example, a reduced income; or where applicable, an increase in the borrowing rate or negative change in the exchange rate, or deferred payments of principal or interest. Member States shall ensure that credit intermediaries accurately transmit to the creditor information obtained from the consumer so that the creditworthiness assessment can be carried out.
2022/02/28
Committee: ECON
Amendment 293 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
2. The assessment of creditworthiness referred to in Article 8 shall be carried out exclusively on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial committhe following information: – Evidence of identification - – Evidence of residence - – Where applicable, information on the purpose of the loan – Where applicable, evidence of eligibility for the purposes of the loan – Evidence of employment, including the type, sector, status (e.g. full- time, part-time, contractor, self-employed) and duration – Evidence of income or other sources of repayment (including annual bonus, commission, overtime, where applicable) covering a reasonable period, including payslips, current bank account statements, and audited or professionally verified accounts (for self-employed persons) – Information on financial assets and liabilities, e.g. savings account statements and loan statements indicating outstanding loan balances – Information on other financial commitments, such as child maintenance, education fees and alimonies, if relevant – Information on household composition and dependants – Evidence of tax status – Where applicable, evidence of life insurance for the named borrowers – Where applicable, data from credit registers or credit information bureaux or other relevant databases, covering the information on financial liabilities and arrears in payment – Information on the collateral, if any – Evidence of ownership of the collateral – Evidence of the value of the collateral – Evidence of insurance of the collateral – Information on guarantees, other credit risk mitigating factors and guarantors, if any – Rental agreement or evidence of potential rental income for buy-to-let loans, if any – Permissions and cost estimates, if applicable, for real estate building and improvement loans – the household general budget data of the borrower The information taken into account shall be necessary, sufficient and proportionate to assess the re-payment capacity of the consumer, in line with the data minimisation principle of Regulation (EU) 2016/679 (GDPR). In addition, the information taken into account shall be relevant, up-to-date, complete and accurate. Data other than the categories of data listed above, and in line with Article 9(1) of the GDPR, data on racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, data concerning health or data concerning a natural person's sex life or sexual orientation shall not be processed nor used to perform creditworthiness assessments. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, but not exclusively, on the basis of a consultation of a database referred to in Article 19. subject to the consumer’s prior information by the creditor and consent in line with the GDPR, and the consumer’s payment account, subject to the consumer’s consent as defined in Directive (EU) 2015/2366 on payment services in the internal market (PSD 2). The information obtained cannot only be based on consumer declarations and should be accompanied by supporting evidence. Appropriate checks are required where necessary through reference to independently verifiable documentation.
2022/02/28
Committee: ECON
Amendment 313 #
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Notwithstanding the first subparagraphs, 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 not likely to be met in the manner required under that agreement, the creditor or the provider of crowdfunding credit services may exceptionally make credit available to the consumer in specific and well justified circumstances.deleted
2022/02/28
Committee: ECON
Amendment 340 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point v a (new)
(va) w) the relevant contact details of debt-advisory services and a recommendation for the consumer to contact such services in case of re- payment difficulties.
2022/02/28
Committee: ECON
Amendment 346 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
1. Member States shall require that the creditor or the provider of crowdfunding credit services inform the consumer of any change in the borrowing rate, on paper or another durable medium chosen by the consumer at least seven days, before the change enters into force.
2022/02/28
Committee: ECON
Amendment 347 #
Proposal for a directive
Article 24 – paragraph 1 – introductory part
1. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor, throughout the duration of the credit agreement, keeps the consumer regularly informed, i.e. at least once a month, by means of statements of account, on paper or on another durable medium, containing the following elements:
2022/02/28
Committee: ECON
Amendment 350 #
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1
2. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor informs the consumer, on paper or another durable medium at least seven days before, of increases in the borrowing rate or in any charges payable, before the change in question enters into force.
2022/02/28
Committee: ECON
Amendment 353 #
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 1 – introductory part
2. In the event of a significantn overrunning exceeding a period of one monthtwo weeks, Member States shall require that the creditor informs the consumer without delay, on paper or on another durable medium, of all of the following:
2022/02/28
Committee: ECON
Amendment 356 #
Proposal for a directive
Article 25 – paragraph 3 a (new)
3a. Any fees charged for overrunning shall not exceed 0.5% of the amount overrun by. Creditors should ensure that the consumer is informed of these fees in line with all relevant provisions of this Directive.
2022/02/28
Committee: ECON
Amendment 376 #
Proposal for a directive
Article 29 – paragraph 4 – point b
(b) the creditor may exceptionally claim higher compensation if the creditor can prove that the loss suffered due to early repayment exceeds the amount determined in accordance with paragraph 2. However, this compensation should not exceed the amount of interest that the consumer would have paid during the period between the early repayment and the agreed date of termination of the credit agreement.
2022/02/28
Committee: ECON
Amendment 377 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 a (new)
The annual percentage rate of charge must also take into account the costs and charges for any additional insurance or other financial products that are either sold with, recommended for sale with or proposed for sale with the credit product.
2022/02/28
Committee: ECON
Amendment 382 #
Proposal for a directive
Article 31 – title
Caps on interest rates, annual percentage rate of charge and the total cost of the credit to the consumer
2022/02/28
Committee: ECON
Amendment 391 #
Proposal for a directive
Article 31 – paragraph 1 – point a
(a) interest rates applicable to credit agreements or to crowdfunding credit services;deleted
2022/02/28
Committee: ECON
Amendment 407 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) promoting the sale of goods or services, covered by a linked credit agreement
2022/02/28
Committee: ECON
Amendment 410 #
Proposal for a directive
Article 32 – paragraph 2 - subparagraph 1 a (new)
Member States shall prohibit remuneration policies contingent upon the interest rate or cost of the credit, or the type of credit product subscribed.
2022/02/28
Committee: ECON
Amendment 414 #
Proposal for a directive
Article 32 – paragraph 4
4. Member States shall ensure that where creditors, credit intermediaries or providers of crowdfunding credit services provide advisory services the remuneration structure of the staff involved does not prejudice their ability to act in the consumer’s best interest and is not contingent on sales targets. In order to achieve that goal, Member States mayshall also ban commissions paid by the creditor to the credit intermediary.
2022/02/28
Committee: ECON
Amendment 424 #
Proposal for a directive
Article 35 – paragraph 1 – introductory part
1. Member States shall require creditors to have adequate policies and procedures so that they make efforts to exercise, where appropriate,exercise reasonable forbearance before enforcement proceedings are initiated. Such forbearance measures shall take into account, among other elements, the consumer’s circumstances and may consist in, among other possibilities:
2022/02/28
Committee: ECON
Amendment 430 #
Proposal for a directive
Article 35 – paragraph 1 a (new)
1a. Debt collection Member States shall adopt a list of the actions that debt credit servicers collectors are prohibited from employing when dealing with consumers and connected to the debt collection process. These practices constitute harassment and shall be associated with dissuasive fines and criminal charges, depending on the practice. This list should include at least: (a) misleading the consumer, including through improper legal threats or providing other misleading information; (b) sending excessive numbers of dunning letters, phone or other reminders; including automatic messages and messages generated by any technology operated without human intervention; (c) omitting to deduct previous payments from the requested amount; (d) sending stigmatising or intimidating communications; (e) contacting persons other than the consumer including the consumers’ relatives, friends, neighbours, colleagues; (f) contacting consumers at inappropriate times or places, including during working hours and at the workplace. (g) charging fees and penalties to consumers that exceed the costs directly related to the management of the debt. Telephone calls to the consumer by credit servicers should be systematically recorded, subject to the consumer’s prior consent. An EU standardised debt notification document must be provided to the consumer in good time before any debt collection can take place. The period after this document has been provided, before debt collection can take place shall be no less than 14 days. The EU standardised debt notification document should include at least the following information: (i) the identity and legal address of the creditor, (ii) the identity and legal address of the credit purchaser (if applicable, in case the loan has been sold to a credit purchaser) (iii) the identity and legal address of the credit servicer, (iv) the legal basis of the debt, including the possibility to access all documents that justify the amount due (contract, amortization schedule, etc.) (v) the nature of the solicitation (amicable, judiciary), (vi) the end-date of the statutory limitation period, (vii) a break-down of the amount due in the form of an account balance (with the total amount due, including principal, interest, penalties, incidental expenses), (viii) the terms of payment of the debt; (ix) the purchase price and information on the consumer’s buy-back right (if applicable, in case the loan has been sold to a credit purchaser).
2022/02/28
Committee: ECON
Amendment 431 #
Proposal for a directive
Article 35 – paragraph 2
2. The list of potential measures in paragraph 1, point (b), is without prejudice to rules set out in national law and does not require Member States to provide for all of those measures in national law.deleted
2022/02/28
Committee: ECON
Amendment 443 #
Proposal for a directive
Article 36 – paragraph 1
Member States shall ensure that debt advisory services are made available to consumers free of charge and independent.
2022/02/28
Committee: ECON
Amendment 444 #
Proposal for a directive
Article 36 – paragraph 1 a (new)
Member States shall ensure that creditors systematically refer consumers experiencing or likely to experience financial difficulties, to the nearest debt- advice service available in their area. The European Commission should within two years of implementation of this Directive, produce a report providing an overview of the availability of debt-advice services across Member States, including their structure and financing models, and identify best practices for the further developments of such services.
2022/02/28
Committee: ECON
Amendment 462 #
Proposal for a directive
Article 41 – paragraph 8 a (new)
8a. Member States may apply national legislation to grant product intervention powers to national competent authorities to withdraw products with a high default rate.
2022/02/28
Committee: ECON