responsible credit
HOME   IMPRINT - ECRC   PRIVACY POLICY   SITEMAP   | ECRC IN THE MEDIA |
Search OK

 
Home
CONSUMER CREDIT DIRECTIVE - The European Parliament and selected Media sources have reported on the imminent vote by Europe's elected deputies on new legislation for consumer credit contracts. View the debates live.
EUROPEAN PARLIAMENT PRESS RELEASE:

CONSUMER CREDIT LEGISLATION HEADS FOR PARLIAMENTARY VOTE

(14-01-2008 - 11:53)

Two-thirds of Europeans use credit to buy things like TVs and washing machines. Most credit loans are easy to get and come from national companies. On Tuesday MEPs will discuss proposals to facilitate credit across EU borders, making it easier for companies to compete across the European market. The vote is on Wednesday, but the outcome is by no means clear.

The new legislation will cover loans from €200 to € 75,000. It will not cover mortgages and charge cards.

The lower limit was set to cover SMS "quick loans", which are growing in popularity - especially in places like Sweden and Estonia. Under this system you can borrow hundreds of euros within 15 minutes by sending a text.

Customers pay different rates depending where they live. For example average interest rates are 6% in Finland, 8% in Germany and 12% in Portugal.

DIRECTIVE AIMS FOR EU-WIDE CREDIT MARKET

The key aims of the proposals are to:
• Extend the EU's internal market.
• Allow people to choose the best offer available from banks or credit companies in another European country.
• Ensure transparency and comparability of total loan cost and repayment details.
• Allow consumers to cancel within 14 days.
• Set out the total cost of the loan and repayment details.
• Set out standard information for advertising, provided to consumers before the contract is signed and when it’s concluded.
• Credit companies will have to explain the benefits and drawbacks of their products.
The EU credit market is enormous. In a report commissioned by the European Parliament, figures for the Eurozone show loans of €4,553 billion in January 2007. Of this €588 billion (13%) was in the form of consumer credit.

Since the initial proposal by the Commission in 2002, the complexity of the directive and its scope has ensured intense debate. Conflicting opinion about the level of penalties for early repayments on credit loans has been a key issue.

MEPS GIVE PROPOSALS MIXED REACTION

Parliament's rapporteur for the issue is German Christian Democrat Kurt Lechner. He has voiced concerns that the proposals could add mean extra costs and more red tape. Reacting to fears over people getting into debt with easy credit, he said that "you cannot prevent people becoming overly indebted by law, or you would have to prohibit people from taking out credit".

However, he thinks that the approach taken by national ministers in the Council is "overly complicated and overloaded" and that "consumers will be inundated with information".

German Socialist Evelyne Gebhardt has said the rapporteur’s position has not allowed an agreement to be reached with the Council of ministers prior to the vote in plenary. She said the Socialists, Liberals and Greens will table amendments supported by the Council and Commission that would allow the adoption of the directive. These amendments call for costs incurred on the early repayment of a loan to be not more than 1% of the total left on the loan and be "proportionate and justified".

She said the legislation would "make it easier for private customers to do credit business across borders".

A LONG RUNNING DIRECTIVE

The legislation passed its first reading in the EP in 2004 and this week will see the second reading. As late as last Thursday night, agreement had not been reached between MEPs and EU Ministers over the method of calculating the compensation for the bank in the event of early repayment of credit.

WATCH THE CREDIT DEBATE LIVE ONLINE

The debate takes place on Tuesday 15 January from the European Parliament in Strasbourg from 1000 CET. MEPs will vote Wednesday from 1200. Watch it all live here on the Parliament's website

--------------------------

BEUC COMMENT:


CONSUMER CREDIT : CONSUMERS AT RISK

(Contact: Levi Nietvelt, Caroline Hayat, 08/01/2008)



In the context of the ongoing negotiations between the three Institutions on the proposal for a Directive on Consumer Credit, BEUC, the European Consumers’ Organisation, is calling on decision makers and especially MEPs to turn the tide, and not water down any further the protection and the positive points seen in the Council’s Common Position.

There are a number of points which we find worrying, particularly the fact that:
- The scope of this directive is too narrow: in particular, overdrafts and equity releases are not covered.
- The provisions on lenders’ liability, which are essential to protect consumers against overindebtedness, are not adequately addressed.
- More importantly, the provisions on early repayment are much too vague on the issue of lenders’ rights to compensation. There is a real danger that when put into practice, they would leave consumers with no possibility of early repayment and financial mobility. These provisions are completely unacceptable, and if they remain unchanged, this directive will have been a complete waste of time.
- Moreover, we are afraid that the decisions which are taken now will influence the forthcoming debate on mortgage credit; another area where we have been waiting all too long for binding legislation.

“We have been waiting for five years for legislation to put an end to the numerous problems which consumers are facing on a daily basis; unless MEPs change their approach, this directive will prove to be useless; worse, some of the best national consumer protection measures could even be removed” declared Monique Goyens, Director General of BEUC.

------------------------------

GUARDIAN COMMENT:

EU STATES AGREE RULES ON CONSUMER CREDIT
(By Huw Jones, Friday January 11 2008)

BRUSSELS, Jan 11 (Reuters) - European Union states agreed to a deal on new consumer credit rules on Friday, backed by two of the biggest parties in the European Parliament, a document obtained by Reuters showed.

The draft rules cover personal loans worth between 200 and 75,000 euros ($295 to $110,000) and are intended to open up the market across national borders, but discussions have been bogged down since 2002. "The EU states have agreed a compromise that is similar to amendments tabled by the Liberals and the Socialists," the source in the EU assembly said.
Representatives of EU states and the European Parliament had again failed on Thursday to cut a deal ahead of a key parliamentary vote next week, having failed to agree on how to compensate a loan company when a consumer wants to repay early.

Ambassadors from EU states met on Friday and agreed to a revised text on early repayments that is effectively identical to one later put forward by the Liberals and the Socialists. Under the deal, member states would be given flexibility over compensation policy at national level.
"Any compensation shall not exceed the amount of interest the consumer would have paid during the period between the early repayment and the agreed date of termination of the credit agreement," a document outlining the position agreed by EU states on Friday said.

Kurt Lechner, the German centre-right European People's Party lawmaker who is steering the bill through parliament, had wanted less flexibility for EU states and more say for the credit firms, an EU source said.

EU Consumer Protection Commissioner, Meglena Kuneva, urged lawmakers to vote through the deal.

"I look forward to parliament making the right decision next week for the consumer by endorsing this agreement," Kuneva told Reuters.

"The proposed new rules aim to break open the 800 billion euro consumer loans market which remains largely fragmented into national markets denying consumers choice and more competitive prices," Kuneva said.

In a move to win over more lawmakers, EU states also agreed on Friday to the assembly's request to delete from the measure the right for the consumer to obtain a copy of the draft credit agreement free of charge before it is signed.

EU states also agreed to parliament's request to delete a requirement to indicate in the credit contract the charges that apply in the event of late payments in some cases.

EU lawmakers vote on the draft consumer credit directive next Wednesday, and to obtain the needed qualified majority, backing from some members of the EPP party will also be needed, which EU member state and assembly officials said looked likely. (Additional reporting by Darren Ennis, editing by Dale Hudson/Will Waterman)

------------------------------

EU Observer COMMENT:


EU CAPITALS AND MEPS WRANGLE OVER CONSUMER CREDIT RULES
(11.01.2008 - 08:59 CET | By Renata Goldirova)

EUOBSERVER / BRUSSELS – The European Union is set to end a five-year long legislative process aimed at reducing differences in 27 national consumer credit rules. But EU capitals and MEPs are still locked in a dispute over a key part of the controversial bill.

The consumer credit directive, tabled by the EU's executive body in autumn 2002, is designed to boost the European market by allowing all of its customers to benefit from bank products that are not available in their own country.

Currently, the market in consumer credit is predominantly national, as the legal situation varies greatly from one member state to another.

According to the proposal, consumer credit contracts should be harmonised in a number of key areas, such as pre-contractual information, contractual information, the right to withdraw or pay off a loan early.

EU member states and MEPs, however, have fought a fierce battle over all points, with German conservative Kurt Lechner saying the overall result is unsatisfactory.

Mr Lechner, who is in charge of the dossier in the parliament, criticised governments for defending only their national interests, while forgetting the overall EU perspective. "They were all saying 'I have the best spices for this meal', even though the final result is not eatable", he said.

Negotiations between member states and the parliament are now entering a decisive phase, focusing mainly on the consumer's right to pay off loans early and the lender's right to demand compensation.

EU capitals suggest the creditor should determine the level of compensation, although there would be a ceiling, depending on whether the period of time until the normal termination of the credit agreement exceeds one year or not.

On the other hand, EU lawmakers are calling for greater flexibility, suggesting the creditor may gain "fair and objectively justified" compensation for possible costs directly linked to early repayment of credit.

According to one diplomat, the Slovenian EU presidency has tabled a fresh compromise proposal, which will be discussed later today (11 January).

The legislative piece is to be voted by MEPs next Wednesday (16 January).


------------------------------

EURACTIV COMMENT:

FATE OF CONSUMER CREDIT DIRECTIVE REMAINS UNCERTAIN
(Published: Friday 11 January 2008)

The outcome of next week's Parliament vote on the consumer credit directive remains unclear after negotiations with the Council failed, fuelling speculation that the disputed bill will face a last-chance 'conciliation' procedure. On 10 December, the Parliament's committee on internal market and consumer protection (IMCO) passed some 236 amendments to the proposed directive, which was initially proposed by the Commission in 2002. Consumer credit rates currently range from 6% in Finland to 12% in Portugal. Two out of three Europeans use credit to buy furniture, a washing machine or a car, yet few European consumers are likely to reap the benefits of harmonised rules, as consumer credit remains a local business, with less than 1% of transactions currently carried out across borders.

ISSUES:

The final round of talks between the Council and the Parliament on 10 January di not reach agreement, as the issue of early repayment remained the largest stumbling block. If the text to be voted upon by MEPs on Wednesday (16 January) does not find agreement in the Council it will have to go to conciliation. Parliament sources say this will be hard to avoid. The new rules will harmonise the €800 billion consumer credit market, allowing European consumers to enjoy the same rights and information standards, as well as compare offers across the EU. One of the main objectives of the directive is to protect consumers against taking on too much debt. In order to prevent this, the information given by the lender must allow the borrower to make a responsible decision and the lender must also assess the solvency of the borrower. Moreover, the information to accompany the signing of the contract will make it easier to calculate and compare the total cost of loans by using an annual percentage rate of charge (APR) as a basis for calculations. Similarly, definitions of overdraft facilities will be standardised.The directive also gives consumers the right to pay off their loans early and sets out rules on the calculation of compensation payments to the lender in such cases. However, the level of harmonisation and the calculation of the compensation remains the main bone of contention in the talks between the Parliament and the Council.

POSITIONS:

European Consumers' Organisation BEUC warned MEPs not to water down consumer protection rules. BEUC found that provisions were much too vague, particularly on early repayment. "We have been waiting for five years for legislation to put an end to the numerous problems which consumers are facing on a daily basis. Unless MEPs change their approach, this directive will prove useless," declared Monique Goyens, director general of BEUC. The Parliament's rapporteur for the consumer credit directive, Kurt Lechner (EPP-ED), seriously questioned the usefulness of the directive as it currently stands. According to Lechner, the rules voted in by the committee impose an overload of information and bureaucracy and will result in higher prices for consumers. However, he conceded that increasingly harmonised rules would bring benefits for the banking sector by facilitating their cross-border operations.

LATEST & NEXT STEPS:

- 15 Jan. 2008: Debate on the consumer credit directive in Parliament.
- 16 Jan. 2008: Vote in Parliament in second reading.

----------------------------------------

ID: 40770
Author(s): SCR
Publication date: 13/01/08
   
URL(s):

Link to EP press release with link to EP session webcam

Link to Guardian article

Link to EU Observer article

Link to Euractiv article
 

Created: 14/01/08. Last changed: 15/01/08.
Information concerning property and copy right of the content will be given by the Institut For Financial Services (IFF) on demand. A lack of explicit information on this web site does not imply any right for free usage of any content.