The
objective of the Directive is to ensure that consumers entering into credit
agreements relating to immovable property benefit from a high level of
protection.
The Directive lays down a common framework for
certain aspects of the laws, regulations and administrative provisions of the
Member States concerning agreements covering credit for consumers secured by a
mortgage or otherwise relating to residential immovable property, including an
obligation to carry out a creditworthiness assessment before granting a credit,
as a basis for the development of effective underwriting standards in relation
to residential immovable property in the Member States, and for certain
prudential and supervisory requirements, including for the establishment and
supervision of credit intermediaries, appointed representatives and non-credit
institutions.
Specifically the Directive includes requirements on:
1.Financial education of borrowers
2.Conduct of business
obligations for creditors and credit intermediaries, when providing credit to
consumers and the obligation to provide
information free of charge to consumers
3.Information and practices that have to
be followed preliminary to the conclusion of the credit agreement, including
information that needs to be included in advertising, the specific calculation
of the annual Percentage Rate of Charge (APRC), requirement to conduct a
creditworthiness assessment and property valuation, and the requirement to disclose
and verify consumer information
4.Access to the data base by other
institutions
5.Advisory services
6.Provisions on foreign currency loans
and variable rate loans
7.Sound execution of credit agreements,
including early payment, arrears and foreclosure
8.Requirements for establishment and
supervision of credit intermediaries and appointed representatives