10 Amendments of María IRIGOYEN PÉREZ related to 2011/0062(COD)
Amendment 103 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In its Communication of 13 April 2011 entitled ‘Single Market Act - Twelve levers to boost growth and strengthen confidence’ (COM (2011)0206), the Commission promised to continue improving the ‘better protection of borrowers in the mortgage market’.
Amendment 104 #
Proposal for a directive
Recital 3
Recital 3
(3) The financial crisis has shown that irresponsible behaviour by market participants can undermine the foundations of the financial system, leading to a lack of confidence among all parties, in particular consumers, and potentially severe social and economic consequences. Many consumers have lost confidence in the financial sector and borrowers have found their loans increasingly unaffordable, with defaults and forced sales rising. In view of the problems brought to light in the financial crisis and in the context of efforts to ensure an efficient and competitive internal market that ensures financial stability and consumer protection, the Commission has proposed measures with regard to credit agreements relating to residential immovable property, including a reliable framework on credit intermediation, in the context of delivering responsible and reliable markets for the future and restoring consumer confidence.
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Directive develops a more transparent, efficient and competitive internal market, through consistent, flexible and fair credit agreements relating to residential immovable property, while promoting sustainable lending and borrowing and hence providing a high degree of protection to consumers.
Amendment 155 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
1. Member States shall determine measures to ease and promote understanding by consumers of their responsibilities with respect to borrowing and debt management, especially as regards credit agreements. 2. Member States shall ensure that information is accessible to all users, in order to prevent the absence of such information making consumers more vulnerable than normal, and shall particularly guarantee protection for consumers whose profiles make them especially vulnerable to credit agreements for residential immovable property.
Amendment 180 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall ensure that accessible and comprehensible 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.
Amendment 186 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point j a (new)
Article 9 – paragraph 1 – subparagraph 2 – point j a (new)
ja) a warning, where applicable, concerning the risk of losing the residential immovable property in the event of non-observance of the commitments linked to the credit agreement when the credit is secured by a mortgage or another comparable security commonly used in a Member State on residential immovable property or secured by a right related to residential immovable property.
Amendment 188 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point k
Article 9 – paragraph 1 – subparagraph 2 – point k
(k) details on how to obtain information on tax obligations and reliefs on credit agreement interest or other public subsidies.
Amendment 261 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that the consumer has a statutory or contractual right to discharge his obligations under a credit agreement prior to the expiry of that agreement. In such cases, he shall be entitled to a reduction in the total cost of the credit, such a reduction consisting of the interest and the costs for the remaining duration of the contract.
Amendment 267 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Member States may provide that the exercise of the right refershall guarantee that cred ito in paragraph 1 is subject to certain conditions. Such conditions may include time limitations on thers do not penalise consumers who 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 referred to in paragraph 1 and preserve the creditor’s indemnity whilst ensuring market efficiency.
Amendment 282 #
Proposal for a directive
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
a) an assessment of consumer satisfaction with the ESISmpliance with the ESIS and consumer use, understanding and satisfaction thereof;