2 Amendments of Edit HERCZOG related to 2011/0062(COD)
Amendment 557 #
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, debts and other financial commitmen in order to verify his continuous ability to repay his debts. 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. The risk assessment may not be restricted to classification or certification on the basis of statistical indicators, and must not take place only using certification based on credit history. These processes shall be reviewed at regular intervals and up-to-date records of those processes shall be maintained.
Amendment 664 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. The Member States shall ensure that the consumer has the statutory or contractual right to have an existing credit agreement that is concluded in a foreign currency converted into his own national currency at any time, at a rate calculated on the basis of the official exchange rates set by the European Central Bank. The bank may not make any extra charge during the exchange transaction; however, Member States shall ensure that the creditor is entitled to compensation for justified costs of the exchange transaction.