8 Amendments of Miguel PORTAS related to 2011/0062(COD)
Amendment 245 #
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 a 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. 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. That service should be based on a fair and sufficiently wide-ranging analysis of the products available on the market, 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. However, this service shall not involve any further costs to the consumer.
Amendment 494 #
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. PMember States shall ensure that prior to the performance of any of the services listed in Article 3(e), a credit intermediary shall provide the consumer with at least the following information:
Amendment 543 #
Proposal for a directive
Article 13 – title
Article 13 – title
Amendment 545 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the creditor informs the consumer of any change in the borrowing rate, on paper or another durable medium, before the change enters into force. The information shall state the amount of the repayments to be made after the entry into force of the new borrowing rate and, in cases where the number or frequency of the payments changes, particulars thereof. Should the change concerned not be the direct and exclusive result of the evolution of a reference rate, the creditor shall supply proof that the information was received by the consumer 30 days before the entry into force of the new borrowing rate.
Amendment 549 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. However, the parties may agree in the credit agreement that the information referred to in paragraph 1 is to be given to the consumer periodically in cases where the change in the borrowing rate correlates directly with a change in a reference rate, the new reference rate is made publicly available by appropriate means and the information concerning the new reference rate is also kept available in the premises of the creditor, provided there is no obstacle to the consumer being able at any moment to request the variant referred to in paragraph 1.
Amendment 550 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
Member States shall ensure that the creditor does not change the borrowing rate for reasons not related to the consumer's solvency, in particular non- subscription or cessation of products or services not directly related to the credit in question, even where contractual clauses exist to such an effect (in this case those clauses shall be considered null and void).
Amendment 637 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purposes of this Directive, 'advice' constitutes a separate servicrvice which is separate from the granting of a credit and cannot be provided by bodies or individuals connected to any institution marketing credit agreements. Such a service can only be marketed as advice when the remuneration of the individual providing the service is transparent to the consumer.
Amendment 674 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Member States may provide that the exercise of the right referred to in paragraph 1 is subject to certain conditions. Such conditions may include time limitations, defined by the supervisor, on the exercise of the right, or different treatment depending ontermined exclusively by the type of the borrowing rate, or restrictions with regard to the circumstances under which the right may be exercised. Member States may also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit, although this shall not in any circumstances exceed 0.5% of the sum reimbursed. In any event, if the early repayment falls within a period for which the borrowing rate is fixed, exercise of the right may be made subject to the existence of a special interest on the part of the consumer.