27 Amendments of Bernd LUCKE related to 2018/0063(COD)
Amendment 341 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that a credit servicer provides its services in respect of the management and enforcement of a credit agreementwhen a creditor does not perform itself the credit servicing activities, the credit servicer appointed in accordance with Article 15(1) provides its services in respect of the management and enforcement of the creditor’s rights under a credit agreement or of the credit agreement itself on the basis of a writtencredit servicing agreement with a creditor.
Amendment 366 #
Proposal for a directive
Article 12 – paragraph 11
Article 12 – paragraph 11
11. Member States shall ensure that where, after having informed the home Member State no adequate and effective measures were taken in a reasonable time or despite measures taken bywithin three months the competent authorities of the homst Member State Member State or in an urgent case, the credit servicer continues to be in breach of the obligations under this Directive,are entitled to take appropriate administrative penalties and remedial measures in order to ensure compliance with the applicable rules after informing without delay the competent authorities of the hostme Member State are entitled to take appropriate administrative sanctions or penalties and remedial measures in order to ensure compliance with the provisions of this Directive withi. In addition, the competent authorities of the host Member State may prohibit further activities of such credit servicers in its Member State until an adequate and effective decision its territory after informing without delaaken by the competent authoritiesy of the home Member State or a remedial measure is taken by the credit servicer.
Amendment 373 #
Proposal for a directive
Article 13 – title
Article 13 – title
Right to information regarding the credit agreementcreditor’s rights under a non-performing credit agreement or the non-performing credit agreement itself
Amendment 376 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that a creditor shall provide alls the necessary information to a credit purchaser to enable that credit purchaser assess the value of the credit agreement and the likelihood of recovery of the value of that agreement prior to entering into a contract for the transfer of that credit agreementregarding the creditor’s rights under a non-performing credit agreement or the non-performing credit agreement itself and, if applicable, the collateral, to a credit purchaser to enable that credit purchaser assess the value of the creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself and the likelihood of recovery of the value of that agreement prior to entering into a contract for the transfer of that creditor’s rights under a non-performing credit agreement or of that non-performing credit agreement while ensuring the protection of information made available by the creditor and the confidentiality of business data.
Amendment 378 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Member States shall require a credit institution or the subsidiary of a credit institution that transfers as that transfer a creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself to a credit purchaser to inform the competent authorities designated in accordance with Article 20(3) of this Directive and Article 4 of Directive 2013/36/EU39 of the following: _________________ 39Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activ, for each transfer about the legal entity identifier (LEI) of the credit purchaser or where such identifier does not exist about: (i) the identity of the credit institutions and the prudential supervision of credit purchaser or members of the purchaser's management or administitutions and investment firms, amending Directive 2002/87/EC and reprative organ and the persons who hold qualifying holdings in the purchaser within the mealning Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).of point (36) of Article 4(1) of Regulation (EU) No 575/2013; and (ii) the address of the purchaser. Additionally, the credit institution shall inform about at least the following:
Amendment 379 #
Proposal for a directive
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) the type of asset securing the credit agreement, including information on whether it is a credit agreement concluded with consumersaggregated outstanding balance of the creditor’s rights under the non-performing credit agreements or of the non-performing credit agreements transferred;
Amendment 380 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the nominal value of the non- performing credit agreement;
Amendment 381 #
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the identity and address of the borrower and of the credit purchason whether the transfer includes creditor’s rights under the non- performing credit agreements or non- performing credit agreements concluded with consumers and, where applicable, of its representative designated in accordance with Article 17 the types of assets securing them, when applicable.
Amendment 382 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The competent authorities referred to in paragraph 2designated in accordance with Article 20(3) of this Directive shall communicate without delay the information referred to in that paragraph and any other information that they might consider to be necessary for carrying out their task according to this Directive to the competent authorities of the home Member State whereof the credit purchaser or its representative, designated in accordance with Article 17, is established and of the Member State where the borrower is established or resident.
Amendment 384 #
Proposal for a directive
Article 14 – title
Article 14 – title
Technical standards for NPL data formats
Amendment 391 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. EBA shall develop draft implementing technical standards that specify the formats to be used by creditors who are credit institutions for the provision of information as set out in Article 13(1), in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the screening, financial due diligence and valuation of the credit agreementor’s rights under a non-performing credit agreement or of the non-performing credit agreement itself. EBA shall specify in the implementing technical standards the required data fields for creditor’s rights under a non-performing credit agreement or for the non-performing credit agreement itself in order to meet the information requirements as set out in Article 13(1).
Amendment 394 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. EBA shall submit those draft implementing technical standards to the Commission by [31 December 2018]12 months from the entry into force of the Directive.
Amendment 396 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 403 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that a credit purchaser is not subject to any additional administrative requirements for the purchase of creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself other than as provided for by the national measures transposing this Directive, the consumer protection law or governing contract law. Member States shall ensure that relevant Union and national law concerning in particular the enforcement of contracts, consumer protection, borrower's rights and criminal law continues to apply to the credit purchaser upon the transfer of the creditor’s rights under a credit agreement or the credit agreement itself to the credit purchaser. The level of protection provided under Union and national law to consumers and other borrowers shall not be affected by the transfer of the creditor’s rights under a credit agreement or the credit agreement itself to the credit purchaser.
Amendment 404 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. This Directive is without prejudice to national powers regarding credit registers, including the power to require information to credit purchasers regarding the creditor’s rights under a credit agreement or the credit agreement itself and its performance.
Amendment 408 #
Proposal for a directive
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. This Directive does not affect Member States’ laws extending the scope of the Directive or imposing additional requirements to credit purchasers that do not hold a licence in accordance with Regulation No 575/2013 and Directive2013/36/EU.
Amendment 410 #
Proposal for a directive
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
2 c. Member States may allow credit purchasers to engage natural persons to service the credits they acquired. Those natural persons should be subject to anational regulation and supervision regime and should not benefit from the freedom to provide services in another Member State in accordance with this Directive.
Amendment 415 #
Proposal for a directive
Article 19 – title
Article 19 – title
Transfer of a credit agreement by a credit purchaseror’s rights under a non-performing credit agreement or the non-performing credit agreement itself by a credit purchaser and communication to the competent authority
Amendment 416 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall requireWhen a credit purchaser or, whtransferes applicable, its representative designated in accordance with Article 17, that transfers a creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself to another credit purchaser to inform the competent authorities referred to in Article 18(1) of the transfer, the identity and address of the new credit purchaser and, where applicable, its representative, Member States shall require the appointed credit servicer to inform the competent authorities of the home Member State for each transfer about the new credit purchaser’s legal entity identifier (LEI) or where such identifier doesignated in accordance with Article 17. not exist about:
Amendment 417 #
Proposal for a directive
Article 19 – paragraph 1 – point i (new)
Article 19 – paragraph 1 – point i (new)
(i) the identity of the new credit purchaser or members of the new purchaser's management or administrative organ and the persons who hold qualifying holdings in the new purchaser within the meaning of point (36) of Article 4(1) of Regulation (EU) No 575/2013; and
Amendment 418 #
Proposal for a directive
Article 19 – paragraph 1 – point ii (new)
Article 19 – paragraph 1 – point ii (new)
(ii) the address of the new purchaser.
Amendment 419 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1 (new)
Article 19 – paragraph 1 – subparagraph 1 (new)
Additionally, on an aggregated level, the credit purchaser shall inform at least the following:
Amendment 420 #
Proposal for a directive
Article 19 – paragraph 1 – point iii (new)
Article 19 – paragraph 1 – point iii (new)
(iii) the aggregated outstanding balance of the creditor’s rights under the non-performing credit agreements or of the non-performing credit agreements transferred;
Amendment 421 #
Proposal for a directive
Article 19 – paragraph 1 – point d (new)
Article 19 – paragraph 1 – point d (new)
(d) the nominal value of the non- performing credit agreement;
Amendment 422 #
Proposal for a directive
Article 19 – paragraph 1 – point e (new)
Article 19 – paragraph 1 – point e (new)
(e) on whether the transfer includes creditor’s rights under non-performing credit agreements or non-performing credit agreements concluded with consumers and the types of assets securing them, when applicable.
Amendment 424 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that the competent authorities referred to in paragraph 1 shall transmit without undue delay the information received in accordance with Article 13(3) to the competent authorities of the Member State where the new credit purchaser and, where applicable, its representative is domiciled or established.
Amendment 458 #
Proposal for a directive
Title 5
Title 5