15 Amendments of Jean-Paul GAUZÈS related to 2011/0062(COD)
Amendment 228 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) The conclusions of the creditworthiness assessment should effectively be taken into account by the creditor when deciding whether to make a credit agreement available to a consumer. For example, the capacity for the creditor to transfer part of the credit risk to a third party should not drive him to ignore the conclusions of the creditworthiness assessment by making a credit agreement available to a consumer who is likely not to be able to repay it. Member states may transpose this principle by entitling supervisors to take relevant actions in this area as part of the supervisory review process.
Amendment 241 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to be in a position to understand the nature of the service, consumers should be made aware of what constitutes an expert personalised recommendation on suitable credit agreements for that consumer’'s needs and financial situation ('advice') and when it is being provided and when it is not. It is therefore important to ensure that this advisory service is a separate service which is paid for separately in a manner transparent to the consumer. Consumers should also be able to rely on the competence of the adviser. Those providing advice should comply with general standards in order to ensure that the consumer is presented with a range of products suitable for his needs and circumstances and should also have the necessary professional competence to provide expert advice. That service should be based on a fair and sufficiently wide- ranging analysis of the products available on the marketoffered, in the case of advice provided by creditors or tied credit intermediaries, or of the products available on the market, in the case of advice provided by credit intermediaries who are not tied, and on a close inspection of the consumer’s financial situation, preferences and objectives. Such an assessment should be based on up-to-date information and reasonable assumptions on the consumer’s circumstances during the lifetime of the loan. Member States may clarify how the suitability of a given product for a consumer should be assessed in the context of the provision of advice. The act of making a binding offer to a consumer does not in itself constitute advice.
Amendment 270 #
Proposal for a directive
Recital 40
Recital 40
(40) In order to take account of developments in the markets for credit relating to residential immovable property, including the range of products available, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to amend the content of the standard information items to be included in advertising, the content and format of the European Standardised Information Sheet (ESIS), the content of the information disclosures by credit intermediaries, the formula and the assumptions used to calculate the annual percentage rate of charge and the criteria to be taken into account for the assessment of the consumer’s creditworthinessregulatory technical standards to amend the assumptions used to calculate the annual percentage rate of charge should be delegated to the Commission.
Amendment 308 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Amendment 330 #
Proposal for a directive
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) 'Annual percentage rate of charge' means the total cost of the credit to the consumer, expressed as an annual percentage of the total amount of credit, where applicable, including the costs referred to in Article 12(2)harges levied by the creditor for his benefit in respect of the conclusion and performance of the credit agreement.
Amendment 472 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Member States shall ensure that when an offer binding on the creditor is provided to the consumer, it shall be accompanied by an ESIS in case no ESIS has been provided so far or essential information have changed with respect to the ESIS already handed out. In such circumstances, Member States shall ensure that the credit agreement cannot be concluded until the consumer has had sufficient time to compare the offers, assess their implications and take an informed decision on whether to accept an offer, regardless of the means of conclusion of the contract.
Amendment 524 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. For the purpose of calculating the annual percentage rate of charge, the total cost of the credit to the consumer shall be determined excluding any charges payable by the consumharges levied by the creditor for his benefit in respect of the conclusion and per for non-compliance with any of his commitments laid down in the credit agreementmance of the credit agreement shall be determined.
Amendment 573 #
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) Where the assessment of the consumer's creditworthiness results in a negative prospect for his ability to repay the credit over the lifetime of the credit agreement, the creditor refuses credit.Creditors effectively and appropriately take into account the outcome of the creditworthiness assessment when deciding whether to make the credit available to the consumer;
Amendment 574 #
Proposal for a directive
Article 14 – paragraph 2 – point a a (new)
Article 14 – paragraph 2 – point a a (new)
(aa) The assessment shall not allow any reliance on an increase in the value of the property as a means of repaying the loan.
Amendment 577 #
Proposal for a directive
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
Amendment 649 #
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) consider a sufficiently large number of credit agreements available oin the markethis product range so as to enable the recommendation of the most suitable credit agreements for the consumer'’s needs, financial situation and personal circumstances;
Amendment 687 #
Proposal for a directive
Article 18a (new)
Article 18a (new)
Article 18a Portability Lenders may allow borrowers by means of contractual provisions to keep a credit agreement when moving house provided that the value of the new property is sufficient to serve as the collateral required by the credit agreement and when the conditions required to consider collaterals as equivalents referred to in paragraph 2 have been fulfilled.
Amendment 692 #
Proposal for a directive
Article 18 b (new)
Article 18 b (new)
Article 18b Payment flexibility Creditors may allow consumers by means of contractual provisions to make payments which exceed the amount required by the amortisation structure of the loan contained in the credit agreement without penalty and thereby have the right to redeem in the future the payments scheduled according the amortization structure up to the value by which they have previously exceeded the required amount.
Amendment 700 #
Proposal for a directive
Article 18c (new)
Article 18c (new)
Article 18c Switching of creditor 1. Creditors may transfer credit agreements or portfolios of credit agreement to other financial institutions without the consent of the consumer as long as the loan conditions are not altered to the disadvantage of the consumer. This paragraph shall be without prejudice to Article 122a of Directive 2006/48/EC. 2. Member States shall ensure that consumers also have the right to transfer a credit agreement to a new creditor which is prepared to accept the transfer and which makes a binding offer to the consumer provided that: a) the binding offer significantly improves the economic conditions for the consumer either by an improvement of at least 100 basis points in the interest rate or by an extension or reduction of more than a third in the length of the repayment period for the outstanding debt; b) the creditor refuses to make a binding offer before the expiry of the offer made by the new creditor which at least matches the terms of the binding offer made by the new creditor; and c) the creditor receives adequate compensation where appropriate according to national law. Such compensation shall be fair and proportionate.
Amendment 705 #
Proposal for a directive
Article 18 d (new)
Article 18 d (new)