17 Amendments of Luis GARICANO related to 2018/0063A(COD)
Amendment 213 #
Proposal for a directive
Recital 3
Recital 3
(3) In July 2017 the Council in its "Action Plan to Tackle Non-Performing Loans in Europe"25 called upon various institutions to take appropriate measures to further address the high number of NPLs in the Union and to avoid long-run increases of NPLs in the future. The Action Plan sets out a comprehensive approach that focuses on a mix of complementary policy actions in four areas: (i) bank supervision and regulation (ii) reform of restructuring, insolvency and debt recovery frameworks, (iii) developing secondary markets for distressed assets, and (iv) fostering restructuring of the banking system. Actions in these areas are to be taken at national level and at Union level where appropriate. The Commission announced a similar intention in its "Communication on completing the Banking Union" of 11 October 201726 , which called for a comprehensive package on tackling NPLs within the Union. _________________ 2511/07/2017, http://www.consilium.europa.eu/en/press/p ress-releases/2017/07/11/conclusions-non- performing-loans/pdf. 26Communication to the European Parliament, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions on completing the Banking Union, COM(2017) 592 final, 11.10.2017.
Amendment 229 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) There are currently no common minimum standards at European level to regulate credit servicing activities. Moreover, no common standards are currently laid down to regulate the activities related to debt collection.
Amendment 234 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Similarly, the Directive does not affect the restrictions in national laws regarding transfer of creditor´s rights under a non-performing credit agreement or the credit agreement itself that is not terminated in accordance with national civil law with the effect that all amounts payable under the credit agreement become immediately due, where this is required for the transfer to an entity outside the banking system. This way, there will be Member States where, taking into account the national rules, the acquisition of non-performing credit agreements that are not past due, are less than 90 days past due or are not terminated in accordance with national civil law by non-regulated creditors will remain limited. It is open to Member States to regulate the transfer of performing credit agreements, including by imposing requirements equivalent to those under this Directive.
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) credit servicers acting on behalf of a credit institution or a credit purchaser in respect of aof creditor's rights under a non-performing credit agreement or of the non-performing credit agreement itself issued by a credit institution or by its subsidiariesestablished in the Union, who act on behalf of a credit institution or a credit purchaser;
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Directive relates to non-performing credit agreements only. Creditors shall not be allowed to transfer to third parties performing credit agreements concluded with consumers.
Amendment 281 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Directive shall not affect the restrictions in the Member States' national laws regarding the transfer of creditor’s rights under a non-performing credit agreement that is not past due, or is less than 90 days past due or is not terminated in accordance with national civil law, or the transfer of such a non- performing credit agreement.
Amendment 285 #
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) the servicing of a credit agreement carried out by a credit institution established in the Union or its subsidiaries established in the Union; an AIFM as defined in point (b) of Article 4(1) of Directive2011/61/EU; a management company as defined in point (b) of Article 2(1) in Directive 2009/65/EC; or an investment firm as defined in point (1) of Article 4(1) of Directive 2014/65/EU;
Amendment 300 #
Proposal for a directive
Article 3 – paragraph 1 – point 8 – point e a (new)
Article 3 – paragraph 1 – point 8 – point e a (new)
(ea) handles any activities related to debt collection;
Amendment 316 #
Proposal for a directive
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) are of sufficiently good reputehave a clean police record or other national equivalent in relation to serious criminal offences relating to property, to financial activities, money laundering, fraud, tax crimes, violation of professional secrecy or to physical integrity;
Amendment 319 #
Proposal for a directive
Article 5 – paragraph 1 – point b – point ii
Article 5 – paragraph 1 – point b – point ii
(ii) have a clean police record or other national equivalent in relation to serious criminal offences relating to property, to financial activities or to physical integrityare not subject to any on-going insolvency procedure or have previously been declared bankrupt unless reinstated in accordance with national law;
Amendment 320 #
Proposal for a directive
Article 5 – paragraph 1 – point b – point iii
Article 5 – paragraph 1 – point b – point iii
(iii) are not currently subject to any insolvency procedure or have previously been declared bankrupt unless reinstated in accordance with national law;the management, taken as a whole, has adequate knowledge and experience to conduct the business in a competent and responsible manner.
Amendment 341 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) has ceased to engage in the activities of a credit servicer for more than six monthsone year;
Amendment 353 #
Proposal for a directive
Article 9 – paragraph 2 – point d a (new)
Article 9 – paragraph 2 – point d a (new)
(da) a clause requiring the fair and diligent treatment of the borrowers.
Amendment 394 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 415 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall require a credit purchaser or, where applicable, its representative designated in accordance with Article 17, that transfers a credit agreement to anoWhen a credit purchaser transfers a creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself to another credit purchaser, Member States shall require the appointed credit servicer to inform the competent authorities of the home Member State on a quarterly basis for each transfer about the new credit purchaser’s legal entity identifier (LEI) or where such identifier does not exist about: (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 (ii) the address of the new purchaser. Additionally, on an aggregated level, ther credit purchaser toshall inform the competent authorities referred to in Article 18(1) of the transfat least the following: (a) the aggregated outstanding balance of the creditor’s rights under the non- performing credit agreements or of the non-performing credit agreements transferred; (b) the number and size of the creditor’s rights under, the identity and address of the new credit purchaser and, where applicable, its representative designated in accordance with Article 17non-performing credit agreements or of the non-performing credit agreements transferred; (c) 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 462 #
Proposal for a directive
Article 34 – paragraph 1 – point a
Article 34 – paragraph 1 – point a
(a) a clear and comprehensive description of the proposed changes;
Amendment 464 #
The provision of information to individuals about the processing of personal data and the processing of such personal data and any other processing of personal data for the purposes of this Directive shall be carried out in accordance with Regulation (EU) 2016/679 and with Regulation (EC) No 45/2001. Debt collection is a legal ground for data storing and processing.