9 Amendments of Wolf KLINZ related to 2011/0062(COD)
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) credit agreements which relate to loans granted to a restricted public under a statutory provision with a purpose of general interest, free of interest or at an interest rate lower than those prevailing on the market.
Amendment 358 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the manner in which creditors remunerate their staff and the relevant credit intermediaries and the manner in which credit intermediaries remunerate their staff do not impede compliance with the obligation to act in accordance with the best interests of the consumer, as referred to in paragraph 1. To act in the best interest of the consumer in this context means offering a loan only if the borrower’s ability to repay can be assumed after a thorough analysis of parameters, such as the financial situation, the consumers income, savings, proprietary rights to assets, debts and other financial commitments.
Amendment 427 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall ensure that general information about credit agreements is made available free of charge on a mandatory basis by creditors or, where applicable, credit intermediaries at all times in a durable medium or in electronic form.
Amendment 558 #
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 onsolely on objective criteria including the consumer's income, assets, proprietary rights to assets, savings, debts and other financial commitments. 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. These processes shall be reviewed at regular intervals and up-to-date records of those processes shall be maintained.
Amendment 570 #
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) Where the assessment of the consumer's creditworthiness at the time of loan decision results in a negative prospect for his ability to repay the creditinterests of the credit and the percentage of the nominal value that has been contractually agreed over the lifetime of the credit agreement, the creditor refuses credit.
Amendment 600 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Further to assessing a consumer's creditworthiness, Member States shall ensure that creditors and credit intermediaries obtain the necessary information regarding the consumer's personal and financial situation, his preferences and objectives and consider a sufficiently large number of credit agreements from their product range in order to identify products that are not unsuitable for the consumer given his needs, financial situation and personal circumstances. Such considerations shall be based on information that is up to date at that moment in time and on reasonable assumptions as to the consumer's situation over the term of the proposed credit agreement.
Amendment 644 #
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) consider a sufficiently large number of credit agreements available on the marketoffered by the creditor itself or by partners it cooperates with so as to enable the recommendation of the most suitable credit agreements for the consumer's needs, financial situation and personal circumstances;
Amendment 651 #
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) obtain the necessary information regarding the consumer's personal and financial situation, his preferences and objectives so as to enable the recommendation of suitable credit agreements. Such an assessment shall be based on information that is up to date at that moment in time and on reasonable assumptions as to the consumer's situation over the term of the proposed credit agreement.
Amendment 668 #
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 referred to in paragraph 1 is subject to certain conditions. Such conditions may include time limitations on the 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. A repayment charge shall be excluded if an early repayment coincides with a favourable interest rate environment to the benefit of the creditor. 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.