8 Amendments of Arlene McCARTHY related to 2011/0062(COD)
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)
Article 1 – paragraph 1 – subparagraph 1 a (new)
Nothing in this Directive shall prevent Member States maintaining or adopting more stringent laws, regulations and administrative provisions than those required under its provisions.
Amendment 351 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Where a creditor or credit intermediary provides services in a Member State other than their home Member State, supervision of the ongoing activities of the creditor or credit intermediary shall be performed by the host Member State competent authority. The home Member State competent authority shall be required to provide the host authority with all relevant information requested by the host authority. Host authorities shall have the power to intervene, including by denying the right to provide services in the host Member State, if the creditor or credit intermediary fails to comply with the professional requirements, and other regulatory duties and responsibilities defined in this Directive or otherwise required of creditors or credit intermediaries operating in that Member State. The host authority shall notify the home authority, the other competent authorities of the EU Member States and the European Banking Authority of any action taken against a creditor or credit intermediary in such circumstances, and the reasons for such action.
Amendment 612 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that consumers provide creditors and, where applicable, credit intermediaries with complete and correctrequest from consumers all necessary information on their financial situation and personal circumstances in the contexturse of the credit application process. That information should be supported, when necessary, by documentary evidence from independently verifiable sources.
Amendment 615 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
As regards the information to be provided by the consumer in order for the creditor to be able to conduct a thorough assessment of the consumer's creditworthiness and make a decision on whether or not to grant the creditrequested from the consumer under Paragraph 1, Member States shall ensure that creditors, at the pre-contractual phase, clearly specify the information, including independently verifiable evidence where necessary, that the consumer needs to provide. Member States shall also ensure that creditors state the exact timing by which consumers are required to provide such information.
Amendment 618 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Member States shall ensure that creditors and, where applicable, credit intermediaries undertake appropriate due diligence to verify that the consumer has provided complete and correct information as requested under Paragraph 1. Member States shall ensure that, subsequent to an offer of credit being made, the consumer may not be sanctioned by the credit provider for failing to provide complete information where the credit provider or, where applicable, credit intermediary failed to request such information from the consumer or failed to undertake appropriate due diligence to ensure such complete information had been provided.
Amendment 635 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purposes of this Directive, ‘advice’ constitutes a separate service from the granting of a credit. Such a service can only be marketed as advice when the remuneration of the individual providing the service is transparent to the consumer. Such a service can only be marketed as independent advice, and the adviser can only describe themselves as an independent adviser, if they consider the whole market for credit agreements.
Amendment 639 #
Proposal for a directive
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Member States shall ensure that the creditor or credit intermediary informs the consumer, in the context of a given transaction, whether or not advice is being or will be provided. This may be done through additional pre-contractual information. Member States shall ensure that the creditor or credit intermediary makes clear any limitations on such advice, including in particular when they are not considering the whole market, and highlights the option of seeking independent advice which does consider the whole market. Where advice is provided to consumers, in addition to the requirements set out in Articles 5 and 6, Member States shall ensure that creditors and credit intermediaries:
Amendment 735 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
Member States shall provide for penalties in particular cases where consumers: a) knowingly provide incomplete or incorrect informationact dishonestly in response to information requested by the creditor or, where applicable, credit intermediary in line with Article 15 of this Directive, and b) have done so in order to obtain a positive creditworthiness assessment where the complete and correctan honest response to the requested information would have resulted in a negative creditworthiness assessment, and c) are subsequently unable to fulfil the conditions of the agreement, and. Member States shall take all measures necessary to ensure that they are implemented.