12 Amendments of Sylvie GOULARD related to 2011/0062(COD)
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)
Article 1 – paragraph 1 – subparagraph 1 (new)
Furthermore the purpose of the Directive is to aim to create an efficient and competitive single market for consumers, creditors and credit intermediaries with a high level of protection by fostering consumer confidence, customer mobility, cross-border activity of creditors and credit intermediaries, and a level playing field while respecting fundamental rights, without endangering the solvency of the Creditors. Member States shall ensure not to create any administrative or legal barrier to the realization of these principals (especially the validity of a credit agreement, property valuation, land (pledge-mortgage) registration)
Amendment 350 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where there is more than one competent authority on its territory, a Member State shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectivelyDoes not affect English version.
Amendment 352 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall put in place procedures for the collection and exchange of information, in particular for the purpose of implementing Regulation (EU) No 1092/2010 of the European Parliament and of the Council on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board and the Regulation of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances.
Amendment 366 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that the freedom of contracting is respected, in particular the Member State shall not modify in any way (notably unilaterally) the contract concluded by and between the Consumer and Creditor.
Amendment 435 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point f
Article 9 – paragraph 1 – subparagraph 2 – point f
(f) indication of the currency or currencies in which credits are available, including an explanation of the implications for the consumer where the credit is denominated in a foreign currency; particularly in the event of a rapid and/or significant devaluation of the home currency;
Amendment 559 #
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, assets, debts and other financial commitments, throughout the single market. 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. 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 631 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purposes of this Directive, ‘Member states may decide either : (a) that advice’ constitutes a separate service from the granting of a credit. Such a service can only be marketed as advice when the remuneration of the individual providing the service is transparent to the consumer ; (b) that advice is included in the granting of a credit.
Amendment 642 #
Proposal for a directive
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Those Member States opting for point 1. (a) shall ensure that the creditor or credit intermediary informs the consumer, in the context of a given transaction, whether or not advice is being or will be provided. This may be done through additional pre-contractual information. Where advice is provided to consumers, in addition to the requirements set out in Articles 5 and 6, Member States shall ensure that creditors and credit intermediaries: to him and, if applicable, indicates the fee payable by the consumer for the provision of advice. This may be undertaken through the provision of additional pre-contractual information.
Amendment 643 #
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
Amendment 650 #
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 654 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. When advice is provided to consumers under point 1.(a) or 1.(b), Member States shall ensure that: (a) creditors and tied credit intermediaries consider a sufficiently large number of credit agreements in their product range and recommend a suitable credit agreement for the consumer’s needs, financial situation and personal circumstances ; (b) not tied credit intermediaries consider a sufficiently large number of credit agreements available on the market and recommend a suitable credit agreement for the consumer’s needs, financial situation and personal circumstances.
Amendment 683 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Where a Member State lays down such conditions, these shall not make the exercise of the right referred to in paragraph 1 excessively difficult or onerous for the consumer. In case the Member State obliges in any way the Creditor to accept any forced repayment or prepayment from the Consumer, the Member State shall provide a prompt, adequate and proportional compensation for the Creditors.