Activities of Evelyn REGNER related to 2011/0062(COD)
Legal basis opinions (0)
Amendments (16)
Amendment 60 #
Proposal for a directive
Article 3 – point m a (new)
Article 3 – point m a (new)
(ma) 'Representative example' means an example detailing all the assumptions used in order to calculate the annual percentage rate of charge and corresponding to the average duration and total amount of credit granted for the type of credit agreement under consideration and, if applicable, to the property purchased as well as to the frequency of certain types of credit agreement in a specific market, so that the standard information is specified in a clear, concise and prominent way.
Amendment 62 #
Proposal for a directive
Article -7 (new)
Article -7 (new)
Article -7 Provision of information to the consumer free of charge Member States shall ensure that any information provided in accordance with this Directive is free of charge for the consumer.
Amendment 64 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
Where the consumer has informed the creditor of one or more components of his or her preferred credit, such as the duration of the credit agreement and the total amount of credit, the creditor shall take those components into account for the purposes of the representative example.
Amendment 65 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
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 information listed in point (a) to (h) and in the representative example shall not be supplied as part of the small print.
Amendment 66 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Member States shall ensure that general information about credit agreements is made available by creditors or, where applicable, credit intermediaries at all times in a durable medium or in electronic form and free of charge for the consumer.
Amendment 67 #
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 tos the consumer, it shall be accompanied by an ESIS. In such circumstances, with a standardised offer in the form of an ESIS. 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 68 #
Proposal for a directive
Article 10 – paragraph 1 - introductory part
Article 10 – paragraph 1 - introductory part
1. 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 free of charge for the consumer:
Amendment 69 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Credit intermediaries who are not tied shall, at provide the consumer’s request, provide with information on the variation in levels of commission payable by the different creditors providing the credit agreements being offered to the consumer. The consumer shall be informed that he has the right to request such information.
Amendment 70 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
Where an insurance contract is concluded together with a credit agreement, the conclusion of that insurance contract shall be deemed to be compulsory in order for the credit to be obtained or for it to be obtained on the terms and conditions marketed, and the costs in respect of that insurance, in particular the insurance premiums, shall be included in the total cost of credit to the consumer.
Amendment 71 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that, before the conclusion of the credit agreement, a thorough assessment of the consumer’s creditworthiness is conducted by the creditor, based on criteria including the consumer’s income, savings, debts and other financial commitments. That assessment shall be carried out on the basis of the necessary information, obtained by the creditor or, where applicable, credit intermediary from the consumer and from relevant internal or external sources and shall respect the requirements with regard to necessity and proportionality set out in Article 6 of Directive 95/46/EC. Positive data such as details of income, savings and assets may be requested only from the consumer. Member States shall ensure that creditors establish appropriate processes to assess the creditworthiness of the consumer. These processes shall be reviewed at regular intervals and up-to-date records of those processes shall be maintained.
Amendment 72 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall ensure non- discriminatory access for all creditors, in the event of a consumer’s non-compliance with the credit agreement, to databases used in that Member State for assessing the creditworthiness of consumers and for monitoring consumers’ compliance with the credit obligations over the life of the credit agreement. Such databases comprise databases operated by private credit bureaux or credit reference agencies and public credit registers.
Amendment 73 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
2. 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 on the exercise of the right, different treatment depending on 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. 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.
Amendment 74 #
Proposal for a directive
Article -24 (new)
Article -24 (new)
Article -24 Right of withdrawal (1) The consumer shall have a period of fourteen calendar days in which to withdraw from the credit agreement without giving any reason. That period shall start on the day on which the credit agreement is concluded. (2) If the consumer exercises his right of withdrawal from the agreement he shall pay to the creditor the capital and the interest accrued thereon from the date the credit was drawn down until the date the capital is repaid, without any undue delay and no later than 30 calendar days after the despatch by him to the creditor of notification of the withdrawal. The interest shall be calculated on the basis of the agreed borrowing rate. The creditor shall not be entitled to any other compensation from the consumer in the event of withdrawal, except compensation for any non-returnable charges paid by the creditor to any public administrative body. (3) If an ancillary service relating to the credit agreement is provided by the creditor or by a third party on the basis of an agreement between the third party and the creditor, the consumer shall no longer be bound by the ancillary service contract if the consumer exercises his right of withdrawal from the credit agreement in accordance with this Article.
Amendment 75 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
1. Without prejudice to procedures for the withdrawal of authorisation or to the right of Member States to impose criminal or civil-law sanctions, Member States shall ensure, in conformity with their national law, that appropriate administrative measures can be taken or administrative sanctions imposed against persons responsible where the provisions adopted in the implementation of this Directive have not been complied with. Member States shall ensure that these measures are effective, proportionate and dissuasive.
Amendment 76 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
Amendment 77 #
Proposal for a directive
Annex II – Part A – Section 'Introductory text' – paragraph 2
Annex II – Part A – Section 'Introductory text' – paragraph 2
This document was produced on the basis of the information that you have provided so far and on the current financial market conditions. This document and the information below remains valid until [validity date]. After that date, it may change in line with market conditions. This document is an offer binding/non-binding on the creditor. Delete as appropriate.