Procedure completed
2012/2037(INI) Implementation of the Consumer Credit Directive 2008/48/EC
Next event: Text adopted by Parliament, single reading 2012/11/20 more...
Lead committee dossier: IMCO/7/07628
Legal Basis RoP 048
Next event: Text adopted by Parliament, single reading 2012/11/20 more...
- Debate in Parliament 2012/11/19
- Prev DG PRES 2012/11/19
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | ECON | STOLOJAN Theodor Dumitru (EPP) | |
| Lead | IMCO | COLLIN-LANGEN Birgit (EPP) | BUSUTTIL Simon (EPP), PRENDERGAST Phil (S&D), RÜHLE Heide (Verts/ALE), HARBOUR Malcolm (ECR), DE JONG Cornelis (GUE/NGL), SALVINI Matteo (NI) |
Legal Basis RoP 048
Subjects
Activites
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2012/11/20
Text adopted by Parliament, single reading
- T7-0418/2012
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2012/11/19
Debate in Parliament
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2012/11/19
Prev DG PRES
- DG {'url': 'http://ec.europa.eu/dgs/health_consumer/index_en.htm', 'title': 'Health and Consumers'}, DALLI John
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2012/10/19
Committee report tabled for plenary, single reading
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A7-0343/2012
summary
The Committee on the Internal Market and Consumer Protection adopted the own-initiative report by Birgit COLLIN-LANGEN (EPP, DE) on the implementation of the Consumer Credit Directive 2008/48/EC. Members welcome the fact that, in preparation for its review, the Commission is already conducting a study of the impact of the Directive on the internal market and on consumer protection, in order to determine exactly what bearing it will have on the take-up of cross-border credit. In this context, the committee responsible makes the following observations: Pre-contractual information: the report recommends that supervisory authorities should require financial institutions to provide consumers with personalised, complete and easily understandable explanations regarding the risks involved in foreign currency lending. Some Member States have raised concerns about the way pre-contractual information is presented to consumers through the Standard European Consumer Credit Information (SECCI) form and which is of such technical nature that it affects consumers’ capacity to understand it effectively. Members consider that the efficiency of the SECCI form should be an important aspect in the assessment of the impact of the Directive carried out by the Commission. Advertising: Members welcomes the ‘sweep’ operation, carried out by the Commission in September 2011, which revealed that 70 % of the financial institution websites checked failed to include relevant information in their advertising material, and certain items of key information in the credit offer itself, and contained misleading presentations of costs. They call on the Commission and the Member States to take appropriate steps to remedy this problem. In this context, the report notes that the rules on representative examples are sometimes not used as prescribed and that there is need for improvement. Members call for the advertising and marketing practices of financial institutions to be strictly monitored in order to avoid misleading or false information in the advertising or marketing of credit agreements. Right of withdrawal: Members consider that more detailed consideration should be given to the problems which could arise in connection with the exercise of the right of withdrawal in cases where linked agreements have been concluded. They take the view that particular attention should be paid to the complicated rules on early repayment. Calculation of the annual percentage rate of charge: the report states that, prior to interest rate changes, notification to consumers should afford them enough time to survey the market and to change credit provider before the changes take effect. It emphasises that a uniform method of calculating the annual percentage rate of charge should be laid down, that ambiguous provisions should be clarified and that consistency should be established with all other legal instruments. SMS loans: given that the demand for SMS loans is increasing all the time, Members call on the Member States to extend the existing level of consumer protection to credit, including short-term credit, provided over the internet, through short message services (SMS) or other distance communication media involving amounts below the lower threshold of EUR 200, currently outside the scope of the Directive. In conclusion, the report stresses that there is currently no need to revise the Directive but that, instead, priority should be given to ensuring that it is correctly transposed and enforced. In this regard, Members consider that the practical impact of the Directive should be assessed before the Commission proposes any eventual amendments. The Commission is invited to present to Parliament and the Council an assessment report on the implementation of the Directive and a full assessment of its impact regarding consumer protection, taking into account the consequences of the financial crisis and the new EU legal framework for financial services.
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A7-0343/2012
summary
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2012/10/11
Vote in committee, 1st reading/single reading
- 2012/06/29 Amendments tabled in committee
- 2012/05/10 Committee draft report
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2012/03/15
Committee referral announced in Parliament, 1st reading/single reading
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2012/03/08
EP officialisation
Documents
- Committee draft report: PE489.471
- Decision by Parliament, 1st reading/single reading: T7-0418/2012
- Amendments tabled in committee: PE492.635
- Committee report tabled for plenary, single reading: A7-0343/2012
| Amendments | Dossier |
| 61 |
2012/2037(INI)
2012/04/25
ECON
32 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Calls for financial institutions to be required to provide consumers with adequate information regarding the risks involved in foreign currency lending and the impact on instalments of a severe depreciation of the legal tender of the Member State in which a consumer is domiciled and of an increase of the foreign interest rate; considers that this information should be included in
Amendment 10 #
Draft opinion Paragraph 1 c (new) 1c. Calls for financial institutions to be required to ensure that where a credit agreement relates to a foreign currency loan, the consumer shall have the right to convert the loan into an alternative currency, in accordance with a transparent method disclosed to the consumer in pre-contractual information;
Amendment 11 #
Draft opinion Paragraph 1 d (new) 1d. Calls for financial institutions to be required to ensure that for credit agreements in a foreign currency, a trigger credit amount payable or a maximum amount payable is included in the credit agreement; when the trigger credit amount payable or a maximum amount has been reached, the creditor shall warn the consumer of the high rise of the credit amount payable; in this case the consumer shall have the right to convert the loan into an alternative currency; additionally the creditor shall allow the consumer to renegotiate his credit agreement, taking into account the provisions of early repayment;
Amendment 12 #
Draft opinion Paragraph 1 e (new) 1e. Calls for financial institutions to be required to provide the consumer, in good time before the consumer is bound by any credit agreement or offer, a best and worst case scenario based on caps or in the case when the total credit amount in the national currency is not limited by any caps based on data of the currency fluctuations during last 20 years;
Amendment 13 #
Draft opinion Paragraph 2 Amendment 14 #
Draft opinion Paragraph 2 2. Calls for supervisory authorities to require financial institutions to allow foreign currency loans to be granted only to consumers that demonstrate their creditworthiness, taking into account the repayment structure of the loan and the consumers' capacity to withstand adverse shocks in exchange rates and in the foreign interest rate and applying more stringent debt service to income and loan to value ratios;
Amendment 15 #
Draft opinion Paragraph 2 a (new) 2a. Calls for financial institutions, where appropriate, to provide a foreign exchange hedging facility at a reasonable cost to the consumer in order to limit the risk of adverse currency movements on repayments;
Amendment 16 #
Draft opinion Paragraph 3 Amendment 17 #
Draft opinion Paragraph 3 Amendment 18 #
Draft opinion Paragraph 3 3. Calls for
Amendment 19 #
Draft opinion Paragraph 3 a (new) 3α. Stresses that, in Member States facing fiscal problems and receiving economic support, citizens’ incomes are being badly affected by the impact of austerity measures, through wage and pension cuts and an increase in redundancies; notes that, in those Member States, the percentage of private loans that cannot be repaid is very high; calls, as a consequence, for a reduction in the loan repayment obligations of borrowers in line with the reductions in their pay and for the cancellation of debts where the individual’s or family’s income is below the poverty line;
Amendment 2 #
Draft opinion Paragraph 1 1. Calls for financial institutions to be required to provide consumers with
Amendment 20 #
Draft opinion Paragraph 3 b (new) 3b. Stresses that excessive private borrowing is a result (i) of citizens’ need to deal with income shortfall and (ii) irresponsible lending practices, the sole aim of which is to increase bank profitability;
Amendment 21 #
Draft opinion Paragraph 4 Amendment 22 #
Draft opinion Paragraph 4 4. Calls on financial institutions not to
Amendment 23 #
Draft opinion Paragraph 4 4. Calls on financial institutions
Amendment 24 #
Draft opinion Paragraph 4 a (new) Amendment 25 #
Draft opinion Paragraph 5 5. Calls for consumers to have a right to buy auxiliary services such as insurance from alternative suppliers; Considers that financial institutions should be required to distinguish such services and related charges from those pertaining to the basic loan and to make clear which services are essential to the extension of a loan and which are entirely at the discretion of the borrower;
Amendment 26 #
Draft opinion Paragraph 5 5. Calls for consumers to
Amendment 27 #
Draft opinion Paragraph 5 a (new) 5a. Points out that one of the purposes of the Directive was to ensure the availability of information, thus facilitating the operation of the single market in the field of credit too and that it is therefore necessary to evaluate whether the number of cross-border transactions is increasing and whether further improvements are required;
Amendment 28 #
Draft opinion Paragraph 5 a (new) 5a. Calls for financial institutions to be strictly monitored on advertisement and marketing practices in order to avoid misleading or false information when advertising or marketing credit agreements;
Amendment 29 #
Draft opinion Paragraph 5 a (new) 5a. Calls for supervisory authorities to require financial institutions to have effective internal and external pricing, capital allocation and liquidity management systems that incorporate the risks related to foreign currency lending and to require additional capital to be held for such risks wherever necessary;
Amendment 3 #
Draft opinion Paragraph 1 1. Calls for supervisory authorities to require financial institutions to
Amendment 30 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to present to the European Parliament and the Council an assessment report on the implementation of the Directive and a full assessment of its impact regarding consumer protection taking into account the consequences from the financial crisis and the new EU legal framework for financial services;
Amendment 31 #
Draft opinion Paragraph 5 b (new) 5b. Calls for supervisory authorities to closely monitor the funding and liquidity risks resulting from foreign currency lending by institutions and to take effective action to prevent such risks reaching excessive levels;
Amendment 32 #
Draft opinion Paragraph 5 c (new) 5c. Calls for a revision of Directive 2008/48/EC integrating it and Directive [CARRP] into a single Directive.
Amendment 4 #
Draft opinion Paragraph 1 1. Calls for financial institutions to be required to provide consumers with
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1a. Calls for financial institutions to be required, in good time before the consumer is bound by any credit agreement or offer, to provide consumers 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;
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1a. Calls for a revision of provisions relating to the Annual Percentage rate of Charge in Directive 2008/48/EC to more adequately reflect the characteristics of foreign currency and variable rate lending;
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1α. Calls for it to be taken into account that the decision to take a loan is very important for citizens and that the complex nature of loan products and the conflicting interests of participants in the market mean that it is very difficult for consumers to be able to assess these products accurately;
Amendment 8 #
Draft opinion Paragraph 1 b (new) 1b. Calls for financial institutions to be required to provide consumers a warning when, considering the consumer's financial situation, a credit agreement may induce a specific risk for the consumer;
Amendment 9 #
Draft opinion Paragraph 1 b (new) 1b. Calls on Member States to ensure that the provision of financial advisory services is a separate and independent service; proposes that the competent state authorities create an independent advisory body to supply free consultancy services to citizens, tailored to their interests and financial situation, thus preventing them from being deceived and becoming overindebted;
source: PE-487.936
2012/06/29
IMCO
29 amendments...
Amendment 1 #
Motion for a resolution Recital A A. whereas
Amendment 10 #
Motion for a resolution Paragraph 5 5. Points out that countering systemic risks in the financial sector
Amendment 11 #
Motion for a resolution Paragraph 5 a (new) 5a. Takes note of the concerns raised in some Member States about the technical nature of the pre-contractual information provided to consumers through the Standard European Consumer Credit Information (SECCI) which affects consumers' capacity to effectively understand it; considers that the efficiency of the SECCI should be an important aspect in the assessment of the impact of the directive carried out by the Commission;
Amendment 12 #
Motion for a resolution Paragraph 6 6. Welcomes the ‘sweep’ operation carried out by the Commission in September 2011, which revealed that 70 % of the financial institution websites checked failed to include relevant information in their advertising material and certain items of key information in the credit offer itself and contained misleading presentations of costs, and calls on the Commission and the Member States to take appropriate steps to remedy this problem; notes in this context in particular that banks still advertise so- called ‘teaser rates’, which are not then actually accorded to consumers; regrets that the Directive has not been implemented as intended in this field and therefore identifies an urgent need to improve the practical application of the provisions on representative interest rates in advertising material;
Amendment 13 #
Motion for a resolution Paragraph 8 8. Emphasises that legal provisions should reflect standard practice and the needs of the average consumer and the average businessman, and should not represent a response to a small number of abuses of the rules in such a way as to render the information provided to the consumer less understandable, transparent and comparable;
Amendment 14 #
Motion for a resolution Paragraph 9 9. Notes that more comprehensive provisions do not always
Amendment 15 #
Motion for a resolution Paragraph 9 9. Notes that more comprehensive provisions do not always make for more effective consumer protection and that, in
Amendment 16 #
Motion for a resolution Paragraph 9 a (new) 9a. Takes the view that guarantors should be fully informed of the implications and responsibilities entailed by their role as well as be subject to a creditworthiness assessment by the credit provider;
Amendment 17 #
Motion for a resolution Paragraph 10 10. Considers that more detailed consideration should be given to the problems which could arise in connection with the exercise of the right of withdrawal in cases where linked agreements have been concluded; calls for clarification on what costs should be due by the consumer arising from the exercise of the right of withdrawal when the supplier or service provider directly receives the corresponding amount from the creditor, particularly as regards ancillary contracts;
Amendment 18 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission to assess the extent of non-compliance with information duties in contracts where intermediaries are not bound by pre- contractual information requirements in order to establish how best to protect consumers in such situations;
Amendment 19 #
Motion for a resolution Paragraph 11 11. Takes the view that particular attention should be paid to the complicated rules on early repayment and that the Directive has clearly not yet resulted in lower costs in the case of early termination or unscheduled repayments; calls therefore for an analysis of the reasons why costs have not fallen since the entry into force of the Directive and for corresponding proposals to improve implementation;
Amendment 2 #
Motion for a resolution Recital C a (new) Ca. whereas, as shown by the European Parliament study on the implementation of the Consumer Credit Directive, certain key provisions of the Directive – such as Article 5 on pre-contractual information – have not achieved the intended harmonisation of Member States' laws due to differences in interpretation and implementation by the Member States;
Amendment 20 #
Motion for a resolution Paragraph 11 11. Takes the view that particular attention should be paid to the
Amendment 21 #
Motion for a resolution Paragraph 11 a (new) 11a. States that, prior to interest rate changes, notification to consumers should afford them enough time to survey the market and change credit provider before the changes take effect;
Amendment 22 #
Motion for a resolution Paragraph 12 a (new) 12a. Considers that the parameters and rules applying to consumer creditworthiness assessments should emulate, as closely as possible, those applicable to credit agreements relating to residential property;
Amendment 23 #
Motion for a resolution Paragraph 13 13. Emphasises that a uniform
Amendment 24 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on Member States to ensure that national supervisors are granted all the necessary powers and resources to discharge their duties; further calls for national supervisory authorities to effectively monitor compliance with, and enforce, the provisions of the directive;
Amendment 25 #
Motion for a resolution Paragraph 14 14.
Amendment 26 #
Motion for a resolution Paragraph 15 15. Urges the Commission to
Amendment 27 #
Motion for a resolution Paragraph 16 16. Emphasises that at present there is no need to revise the directive, but that instead priority should be given to ensuring that it is correctly transposed and enforced;
Amendment 28 #
Motion for a resolution Paragraph 16 16. Emphasises that, at present
Amendment 29 #
Motion for a resolution Paragraph 17 17. Takes the view that,
Amendment 3 #
Motion for a resolution Recital E E. Whereas statistics show that since the directive entered into force take-up of cross-border consumer credit has not increased, although
Amendment 4 #
Motion for a resolution Recital E E. Whereas statistics show that, since the directive entered into force, take-up of cross-border consumer credit has not increased, a
Amendment 5 #
Motion for a resolution Recital E a (new) Ea. whereas inadequate consumer protection practices in the credit sector played a significant role in the financial crisis; whereas exchange rate volatility poses significant risks to consumers, especially during financial crises;
Amendment 6 #
Motion for a resolution Paragraph 2 2. Points out that improving the cross- border consumer credit market would generate European added value by boosting the internal market; considers that this could be achieved, inter alia, by better informing consumers about the opportunity to take consumer credit in another Member State and about the rights they have when concluding such contracts;
Amendment 7 #
Motion for a resolution Paragraph 2 2. Points out that improving the cross- border consumer credit market
Amendment 8 #
Motion for a resolution Paragraph 4 4. Takes the view that the provisions on pre-contractual information, the explanations required pursuant to Article 5(6) and the creditworthiness assessment provided for in Article 8 are
Amendment 9 #
Motion for a resolution Paragraph 4 a (new) 4a. Calls, nevertheless, for supervisory authorities to require financial institutions to provide consumers with personalised, complete and easily understandable information regarding the risks involved in foreign currency lending and the impact on instalments of a severe depreciation of the legal tender of the Member State in which a consumer is domiciled and of an increase in the foreign interest rate; considers that this information should be included in advertising concerning consumer credit agreements in foreign currency, in pre- contractual information and in consumer credit agreements.
source: PE-492.635
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