BETA

7 Amendments of Catherine STIHLER related to 2011/0062(COD)

Amendment 154 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
2a. Where a creditor or a credit intermediary provides services in a Member State other than their home Member State, supervision of the ongoing activities of the creditor or credit intermediary shall be performed by the competent authority of the host Member State. The competent authority of the home Member State shall be required to provide the competent authority of the host Member State with all relevant information requested by the that authority. Competent authorities of the host Member State shall have the power to intervene including by denying the right to provide services in the host Member State, if the creditor or credit intermediary fails to comply with the professional requirements, and other regulatory duties and responsibilities defined in this Directive or otherwise required of creditors or credit intermediaries operating in that Member State. The competent authority of the host Member State shall notify the competent authority of the home Member State, the other competent authorities of the EU Member States and the European Banking Authority of any action taken against a creditor or credit intermediary in such circumstances, and the reasons for such action.
2011/10/27
Committee: IMCO
Amendment 244 #
Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that consumers provide creditors and, where applicable, credit intermediaries with complete and correctrequest from consumers all necessary information on their financial situation and personal circumstances in the context of the credit application process. That information should be supported, when necessary, by documentary evidence from independently verifiable sources.
2011/10/27
Committee: IMCO
Amendment 245 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
As regards the information to be provided by the consumer in order for the creditor to be able to conduct a thorough assessment of the consumer's creditworthiness and make a decision on whether or not to grant the creditrequested from the consumer under paragraph 1, Member States shall ensure that creditors, at the pre-contractual phase, clearly specify the information, including independently verifiable evidence where necessary, that the consumer needs to provide. Member States shall also ensure that creditors state the exact timing by which consumers are required to provide such information.
2011/10/27
Committee: IMCO
Amendment 246 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1 a (new)
2a. Member States shall ensure that creditors and, where applicable, credit intermediaries undertake appropriate due diligence to verify that the consumer has provided necessary information as requested under paragraph 1. Member States shall ensure that subsequent to an offer of credit being made, the consumer may not be sanctioned by the creditor for failing to provide complete information where the credit provider or where applicable, credit intermediary failed to request such information from the consumer or failed to undertake appropriate due diligence to ensure such complete information had been provided.
2011/10/27
Committee: IMCO
Amendment 272 #
Proposal for a directive
Recital 44
(44) The efficient functioning of this Directive will need to be reviewed, as will progress on the establishment of an internal market with a high level of consumer protection for credit agreements relating to residential immovable property. The Commission should therefore review the Directive five years after the deadline for its transposition. The review should include, among other things, an analysis of the evolution of the market for non-credit institutions providing credit agreements relating to residential immovable property, and an impact assessment on the implications of early repayments and a possible cap on indemnity. An assessment on the need for further measures, including a passport for such non-credit institutions, an examination of the necessity to introduce rights and obligations with regard to the post- contractual stage of credit agreements, and an assessment of whether an extension of the scope to include lending to small companies is warranted.
2011/10/06
Committee: ECON
Amendment 277 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2
Member States shall provide for penalties in particular cases where consumers knowingly provide incomplete or incorrect information in order to obtain a positive creditworthiness assessment where the complete and correct information would have resulted in a negative creditworthiness assessment, and are subsequently unable to fulfil the conditions of the agreement, and shall take all measures necessary to ensure that they are implemented.deleted
2011/10/27
Committee: IMCO
Amendment 684 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2 a (new)
Requests the European Commission to undertake an impact assessment on the structural implications of early repayments and a possible cap on indemnity on the EU mortgage market. Furthermore with the intention of ensuring that any reductions in indemnity does not cause further costs and less flexibility for the consumer in the long term.
2011/10/06
Committee: ECON