Activities of Evelyn REGNER related to 2021/0171(COD)
Legal basis opinions (0)
Amendments (40)
Amendment 87 #
Proposal for a directive
Recital 38
Recital 38
(38) Member States should have the possibility to regulate the potentially binding character of the information to be provided to the consumer prior to the conclusion of the credit agreement or the crowdfunding credit services andConsumers should receive binding or non-binding credit offers as set out on the Standard European Consumer Credit Information form (Annex I). Member States should have the possibility to regulate the period of time during which the creditor or the provider of crowdfunding credit services is to be bound by it.
Amendment 113 #
Proposal for a directive
Recital 51
Recital 51
(51) This Directive does not regulate contract law issues related to the validity of credit agreements or agreements for the provision of crowdfunding credit services. Therefore, in that area, the Member States may maintain or introduce national provisions which are in conformity with Union law. However, Member States may regulate the legal regime governing thewill require that consumers receive binding or non-binding offers to conclude the credit agreement or the agreement for the provision of crowdfunding credit services, in particular when it is to be given and the perioas set out on the Standard dEuring which it is to be binding on the creditor or the provider of crowdfunding credit services. If such an offer is made at the same time as the pre- contractual information provided for by this Directive, it should, like any additional information the creditor or the provider of crowdfunding credit services may wish to give to the consumer, be provided in a separate document. That separate document may be annexed to the Standard European Consumer Credit Informationopean Consumer Credit Information form (Annex I). Member States may regulate when an offer is made and the period during which it is to be binding on the creditor or the provider of crowdfunding credit services.
Amendment 115 #
Proposal for a directive
Recital 56
Recital 56
(56) Consumers should have a right of withdrawal without penalty and with no obligation to provide justification. However, the right of withdrawal should not be used in bad faithConsumers should also have a no-charge right of withdrawal if they have concluded a credit intermediation agreement without a credit agreement having been concluded. In the case of suretyship agreements, too, under which consumers assume liability for third-party consumer credit in the form of securities, pledges or guarantees, a cooling-off phase is necessary, and it should be made possible to withdraw declarations of liability.
Amendment 129 #
Proposal for a directive
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 130 #
Proposal for a directive
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
Amendment 152 #
Proposal for a directive
Article 2 – paragraph 6 – introductory part
Article 2 – paragraph 6 – introductory part
(6) Member States may determine that only Articles 1, 2 and 3, Articles 7 and 8, Article 11, Article 19, Article 20, Article 21(1), points (a) to (hi), (l) and (rm), Article 21(3), Article 23, Article 25, Articles 28 to 38 26, Article 28, Articles 29 to 38, Article 39 and Articles 40 to 50 shall apply to credit agreements which provide for arrangements to be agreed by the creditor and the consumer in respect of deferred payment or repayment methods, where the consumer is already in default on the initial credit agreement and where the following conditions are fulfilled:
Amendment 153 #
Proposal for a directive
Article 2 – paragraph 6 – point a
Article 2 – paragraph 6 – point a
Amendment 154 #
Proposal for a directive
Article 2 – paragraph 6 – point b
Article 2 – paragraph 6 – point b
Amendment 155 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Member States shall require that for credit agreements that are the result of a settlement before a court or other body authorised by law, or, after a credit arrangement has been terminated, where a repayment agreement is concluded with the creditor or with the debt collection lawyer or debt collection agency concerned, such agreements contain at least the following: (a) initial balance of the outstanding debt, including all collection costs incurred; (b) interest rate charged; (c) other costs incurred, together with an itemised breakdown; (d) instalment amounts to be paid and payment dates; (e) duration. Member States shall require that a consumer who has concluded a settlement or an agreement in accordance with this provision receive an annual notification free of charge in the form of the statement of account referred to in Article 21x. No other provisions of this Directive shall apply to such agreements.
Amendment 156 #
Proposal for a directive
Article 2 b (new)
Article 2 b (new)
Amendment 161 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5. ‘total cost of the credit to the consumer’ means all the costs, including interest, commissions, taxes and any other kind of fees which the consumer is required to pay in connection with the credit agreement or crowdfunding credit services and which are known to the creditor, in the case of credit agreements, or to the crowdfunding credit services provider, in the case of crowdfunding credit services, except for notarial costs; costs in respect of ancillary services relating to the credit agreement or crowdfunding credit services which are sold simultaneously are also included in the total cost of the credit to the consumer where, in addition, the conclusion of a contract regarding such ancillary services is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed;
Amendment 175 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2 (new)
Article 8 – paragraph 1 – subparagraph 2 (new)
Credit advertising shall not contain other costings that are more favourable than in the representative example or present monthly rates in an overly eye-catching manner.
Amendment 178 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
(2) The standard information shall be easily legible or clearly audible, as appropriate, and adapted to the technical constraints of the medium used for advertising and shall specify. It shall be presented in a list and not in running text in small print. The annual percentage rate of charge shall be particularly visually prominent. All of the following elements shall be given in a clear, concise and prominent way, by means of a representative example, all of the following elements: :
Amendment 184 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 207 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(3a) Member States shall require creditors and, where applicable, credit intermediaries to use the Standard European Consumer Credit Information form (Annex I) for binding or non- binding offers to conclude a consumer credit agreement.
Amendment 213 #
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) the total amount of credit; the amount drawn down;
Amendment 214 #
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) the duration of the credit agreement or crowdfunding credit services; the amount of the monthly loan instalment;
Amendment 215 #
Proposal for a directive
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
(c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; indication as to whether interest is fixed or variable;
Amendment 216 #
Proposal for a directive
Article 10 – paragraph 4 – point f
Article 10 – paragraph 4 – point f
Amendment 243 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall require that creditors, credit intermediaries and providers of crowdfunding credit services explicitly inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data. The data used to create a personalised offer shall be disclosed to the consumer in this information. The information under this provision shall be provided in a clearly visible manner together with that resulting from the GDPR and Rl2011/83 EU. At the consumer's request, a comparative offer on standard terms not based on profiling shall also be submitted to the consumer.
Amendment 275 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall prohibit any sale of credit to consumers, without their prior request and explicit agreement. In particular, credit and credit-financed sales agreements shall be prohibited in connection with doorstep selling.
Amendment 296 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is. The information shall be obtained primarily through self-disclosure and evidence from the consumer. Where necessary, and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. The information shall be obtained from relevant internal database referred to in Article 19. may be consulted. The intention to use external sources and the reasons for these necessity must be disclosed to the consumer so that he has still the opportunity to prevent this by providing missing documents. The data used to assess the creditworthiness shall be based on guidelines of the European Data Protection Board. The nature, quality and supervision orf external sources, including the consumer and, where necessary, on shall be determined by the EU Data Protection Board. Personal data as referred to in Article 9(1) of Regulation (EU) 2016/679 shall not be used for the assessment. The information used for the assessment as well as the basis of a conssessment on its own shall be in line with Regultation of a database referred to in Article 19(EU) 2016/679 and Article 6 of this Directive. The data may not be stored for a longer period as the decision for or against a contract and its conditions can be challenged by the consumer, but in no case longer than 3 years.
Amendment 309 #
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. The methods used to determine these likelihood are to be jointly determined by EBA and the EU Data Protection Committee. Criteria for this are scientificity, explainability of the results, non-discrimination and data protection. A national supervisory authority is to be commissioned to regularly check compliance with these requirements.
Amendment 326 #
Proposal for a directive
Article 18 – paragraph 6 – subparagraph 1 a (new)
Article 18 – paragraph 6 – subparagraph 1 a (new)
Member States shall further ensure that the following requirements are met: – scientific nature and predictive accuracy of the scoring according to Article 18, para. 4 – comprehensible interpretation of the score value vis-à-vis the consumer – prohibition of discriminatory score characteristics, such as the prohibition of geo-scoring(assessment of residential environment) – permanent supervision of automated decisions by a natural person – reference to the possibility of appealing to the mandatory arbitration board for conflicts between consumers and those responsible for scoring.
Amendment 328 #
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Member States shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and, where applicable, of the fact that the assessment of creditworthiness is based on automated processing of data. Consumers whose applications are rejected or receive less favourable conditions compared to standard contracts are to have access to a national out-of-court dispute resolution body. With regard to requirements such as independence and professional competence, the Directive 2013/11 EU on Alternative Dispute Resolution must be observed.
Amendment 334 #
Proposal for a directive
Article 19 – paragraph 3 – subparagraph 1 (new)
Article 19 – paragraph 3 – subparagraph 1 (new)
The person responsible for the database may only grant access to the database if he or she has previously notified the data subject of the query. The person making the query should have to prove to the database operator that there is a legitimate reason for the query (credit application of the person concerned). The database operator has to check the plausibility and keep the proof for official inspections.
Amendment 338 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) the total amount of credit and the conditions governing the drawdown, as well as the amount drawn down by the consumer;
Amendment 342 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 3
Article 21 – paragraph 2 – subparagraph 3
The amortisation table shall also contain a breakdown of each repayment specifying the capital amortisation, the interest calculated on the basis of the borrowing rate and, where applicable, any additional costs. Where an amortisation table is requested during the lifetime of the credit agreement, the initial balance shall take into account all payments made and interest and charges paid up to the time of the request.
Amendment 344 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Member States shall require that the creditor keep the consumer informed free of charge, on a regular basis but at least once a year as at 31 December, by means of a statement of account on paper or, at the request of the consumer, on another durable medium. The first statement of account shall give the amount drawn down by the consumer. The subsequent statements shall show all entries on the loan account (credits and debits), with an itemised breakdown, plus the current balance and the borrowing rate applied.
Amendment 357 #
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Article 25a Member States shall require that, during the lifetime of a credit granted in the form of an overdraft facility under Article 24 or an overrun under Article 25, the creditor shall inform the consumer about the creditor’s right of termination, and the arrangements for exercising that right, on the periodic statements of accounts to be drawn up. Attention should also be drawn to the possible costs of late payment and, in particular, to the default interest rate applicable.
Amendment 364 #
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
(4a) Member States shall ensure that a consumer may withdraw from an agreement with a credit intermediary without giving any reason within a period of 14 calendar days. The withdrawal period shall begin on the day on which the credit intermediation agreement is concluded or on the day on which the consumer receives the contractual terms and conditions if that day falls after the conclusion of the agreement. Member States shall require that the consumer be clearly informed of the existence of that right of withdrawal, and the conditions for exercising it, on the first page of the credit intermediation agreement.
Amendment 365 #
Proposal for a directive
Article 26 – paragraph 4 b (new)
Article 26 – paragraph 4 b (new)
(4b) Member States shall ensure that surety providers, pledgers and guarantors who have made a declaration of liability to the creditor for consumer credit may withdraw that declaration without giving any reason within a period of 14 calendar days. The withdrawal period shall begin on the day on which the declaration was made or on the day on which the consumer receives the paper copy of his or her declaration and the liability terms and conditions if that day falls after the day on which the declaration was made. Member States shall require that the consumer be clearly informed of the existence of the right of withdrawal, and the conditions governing it, on the first page of the declaration of liability.
Amendment 371 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
(1) Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor or by third parties shall be taken into consideration.
Amendment 385 #
Proposal for a directive
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
(1) Member States shall introduce caps on one or more of the following:
Amendment 390 #
Proposal for a directive
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
Amendment 395 #
Proposal for a directive
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
Amendment 398 #
Proposal for a directive
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
Amendment 401 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
(2) Member States mayshall introduce additional caps for revolving credit facilities.
Amendment 435 #
Proposal for a directive
Article 35 – paragraph 3
Article 35 – paragraph 3
(3) Member States mayshall require that, where the creditor is permitted to define and impose charges on the consumer arising from a default, those charges are no greater than is necessary to compensate the creditor for costs it has incurred as a result of the default.
Amendment 436 #
Proposal for a directive
Article 35 – paragraph 4
Article 35 – paragraph 4