BETA

17 Amendments of Olle SCHMIDT related to 2011/0062(COD)

Amendment 191 #
Proposal for a directive
Recital 8
(8) As consumers and enterprises are not in the same position, they do not need the same level of protection. While it is important to guarantee consumers’ rights by provisions that cannot be derogated from by contract, it is reasonable to let enterprises and organisations engage in other agreements. This Directive should therefore only apply to credit granted to consumers. Member States should, however, have the possibility to extend the scope to natural or legal persons that are not consumers, notably micro-enterprises, as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises26 .
2011/10/06
Committee: ECON
Amendment 240 #
Proposal for a directive
Recital 29 b (new)
(29b) When a database is used during the assessment of an application for credit, and the result of the database consultation is negative for the consumer, based on the data or on the lack of data therein, the creditor should inform the consumer thereof, of the name of the database consulted and of any other elements required by Directive 95/46/EC so as to enable the consumer to exercise his right to access and, where necessary, rectify, erase or block personal data concerning him and processed therein.
2011/10/06
Committee: ECON
Amendment 293 #
Proposal for a directive
Article 2 – paragraph 1 – point c
(c) Credit agreements the purpose of which is the renovation of the residential immovable property a person owns or aims to acquire, which are not covered by Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008.deleted
2011/10/06
Committee: ECON
Amendment 385 #
Proposal for a directive
Article 6 – paragraph 3
3. Home Member States shall make public the criteria they have established in order for credit intermediaries or creditors’ staff to meet their competence requirements. Such criteria shall include a list of any recognised qualifications.deleted
2011/10/06
Committee: ECON
Amendment 394 #
Proposal for a directive
Article 6 – paragraph 4
4. Powers are delegated to the Commission in accordance with Article 26 and subject to the conditions of Articles 27 and 28, to specify the requirements provided in paragraph 1 and 2 of this Article, and in particular, the necessary requirements for appropriate knowledge and competence.
2011/10/06
Committee: ECON
Amendment 410 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – point h
(h) the total amount payable by the consumer; which is an estimate based on the conditions prevailing at the time of marketing;
2011/10/06
Committee: ECON
Amendment 419 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
The standard information shall be easily legible or clearly audible as appropriate, depending on the medium used for advertising and marketing. The standard information shall be adapted to the fact that mortgage contracts often last between 30-50 years.
2011/10/06
Committee: ECON
Amendment 431 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point b
(b) purposes for which the credit may be usdeleted;
2011/10/06
Committee: ECON
Amendment 439 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point g
(g) an indicative example of the total cost of credit forestimation of the total amount payable by the consumer and annual percentage rate of charge;
2011/10/06
Committee: ECON
Amendment 463 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Member States shall ensure that the creditor and, where applicable, the credit intermediary, without undue delayin good time before the consumer is bound by any credit agreement and after the consumer has given the necessary information on his needs, financial situation and preferences in accordance with Article 14, provides the consumer with the personalised information needed to compare the credits available on the market, assess their implications and take an informed decision on whether to conclude a credit agreement. Such information, on paper or on another durable medium, shall be provided by means of the European Standardised Information Sheet (‘ESIS’), as set out in Annex II.
2011/10/06
Committee: ECON
Amendment 471 #
Proposal for a directive
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 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. If the consumer has a right of withdrawal in respect of the credit agreement, this shall in itself be regarded as providing him with sufficient time to take a decision.
2011/10/06
Committee: ECON
Amendment 476 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 a (new)
Due to the fact that mortgage contracts are long credit agreements with changes in terms of the contract, the information requirement shall take into account that the creditor, and where applicable the credit intermediary, can have difficulties to estimate the amortisation amount and the start of the contract.
2011/10/06
Committee: ECON
Amendment 477 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 b (new)
The creditor and, where applicable, the credit intermediary shall only be obligated to provide ESIS to the borrower on one occasion. However, if the interest rate changes information from the creditor intermediary must be updated.
2011/10/06
Committee: ECON
Amendment 481 #
Proposal for a directive
Article 9 – paragraph 3
3. Powers are delegated to the Commission in accordance with Article 26 and subject to the conditions of Articles 27 and 28, to amend the standard information items laid down in paragraph 1 of this Article and the content and format of the ESIS set out in Annex II. In particular, such delegated acts shall, where necessary: (a) amend the list of the standard information items laid down in paragraph 1 of this Article; (b) delete any of the information items laid down Annex II; (c) make additions to the list of information items laid down in Annex II; (d) amend the presentation of the contents of the ESIS as laid down in Annex II; (e) elaborate on the instructions for the completion of the ESIS as laid down in Annex II.
2011/10/06
Committee: ECON
Amendment 506 #
Proposal for a directive
Article 10 – paragraph 3
3. Powers are delegated to the Commission in accordance with Article 26 and subject to the conditions of Articles 27 and 28, to update the list of information items on credit intermediaries to be provided to the consumer, as laid down in paragraph 1 of this Article. In particular, the Commission, when adopting such delegated acts shall amend, where necessary, the information items laid down in paragraph 1 of this Article.
2011/10/06
Committee: ECON
Amendment 546 #
Proposal for a directive
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 before the change enters into force. The information should be provided either on paper, through durable medium or daily press combined with personal information no later then the next notification or account statement. 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.
2011/10/06
Committee: ECON
Amendment 613 #
Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that consumers provide creditors and, where applicable, credit intermediaries with completenecessary and correct information on their financial situation and personal circumstances in the context of the credit application process. That information should be supported, when necessary, by documentary evidence from independently verifiable sources.
2011/10/06
Committee: ECON