Directive (EU) 2023/2225 on credit agreements for consumers and repealing Directive 2008/48/EC

Author (Corporate) ,
Series Title
Series Details 2023/2225
Publication Date 30/10/2023
Content Type , , ,

Summary:

Directive (EU) 2023/2225 - adopted by the co-legislators on 18 October 2023 - concerning credit agreements for consumers. It replaces and repeals Directive 2008/48/EC.

Further information:

This Directive lays down a common framework for harmonisation of certain aspects of the laws, regulations and administrative provisions of the Member States concerning credit agreements for consumers. It replaces and repeals Directive 2008/48/EC - also known as the Consumer Credit Directive.

REFIT Evaluation conducted in 2018-2019 showed that - whilst relevant - the objectives of the previous Directive were only partially met in a context of fragmented regulatory landscape in the European Union (EU). Fragmentation and imprecise wording were seen to have hampered the functioning of the internal market for consumer credit and not to have guaranteed consistently high level of consumer protection.

In the meantime, digitalisation changed the decision-making process and habits of consumers in general. The lending sector was affected by these changing processes, new market players and new products. It also brought new ways of disclosing information and assessing the creditworthiness of consumers. Digital transformation was also accelerated by the COVID-19 (coronavirus) pandemic. This crisis introduced added challenges to citizens and householders in dealing with their financial situation.

Against this background, the European Commission announced a review of the Consumer Credit Directive in its Work Programme for 2020. This was postponed by the revised Work Programme in the context of the pandemic. The proposal was eventually tabled on 30 June 2021 in the framework of the New Consumer Agenda. The Council of the European Union adopted its general approach on 9 June 2022. The plenary of the European Parliament endorsed a negotiating position on 12 July. An informal agreement between the co-legislators on a compromise text for this file was reached on 2 December. This was formally endorsed by the Parliament on 12 September 2023, followed by the Council on 9 October. The Act was signed by the co-legislators on 18 October 2023 and published in the Official Journal on 30 October 2023.

Source Link Link to Main Source https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:347:FIN
Related Links
Official
EUR-LEX: COM(2021)347: Proposal for a Directive on consumer credits https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:347:FIN
EUR-LEX: SWD(2021)170: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:170:FIN
EUR-LEX: SWD(2021)171: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:171:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Consumer credits (2021/0171(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2021/0171(COD)
European Parliament: Legislative Train Schedule: Revision of the Consumer Credit Directive (REFIT) https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-revision-of-consumer-credit-directive-(refit)
European Commission: Banking and Finance: Consumer Credit https://ec.europa.eu/info/business-economy-euro/banking-and-finance/consumer-finance-and-payments/retail-financial-services/credit/consumer-credit_en
European Commission: Press Release, 30/06/2021: Consumer protection: Commission revises EU rules on product safety and consumer credit https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3242
European Commission: Press speaking points by Vice-President Jourová on the revision of EU rules on product safety and consumer credit (30 June 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_3361
European Commission: Press speaking points by Commissioner Reynders on the revision of EU rules on product safety and consumer credit (30 June 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_3362
Council of the European Union: Press Release, 09/06/2022: Consumer protection: Council adopts its position on new rules for consumer credit https://www.consilium.europa.eu/en/press/press-releases/2022/06/09/consumer-protection-council-adopts-its-position-on-new-rules-for-consumer-credits/
European Parliament: Press Release, 12/07/2022: MEPs want better protection for consumers applying for loans online https://www.europarl.europa.eu/news/en/press-room/20220613IPR32811/
S&D EP Group: Newsroom, 12/07/2022: S&Ds: Rules for credit must minimise risk of over-indebtedness for EU consumers https://www.socialistsanddemocrats.eu/newsroom/sds-rules-credit-must-minimise-risk-over-indebtedness-eu-consumers
Renew Europe EP Group: News, 12/07/2022: Consumer credit must be accessible, fairly assessed and without hidden costs https://www.reneweuropegroup.eu/news/2022-07-12/consumer-credit-must-be-accessible-fairly-assessed-and-without-hidden-costs
Council of the European Union: Press Release, 02/12/2022: Council and European Parliament agree to improve protection for consumers applying for credit https://www.consilium.europa.eu/en/press/press-releases/2022/12/02/council-and-european-parliament-agree-to-improve-protection-for-consumers-applying-for-credit/
European Parliament: Press Release, 02/12/2022: Deal on new rules to protect consumers from taking on too much debt https://www.europarl.europa.eu/news/en/press-room/20221128IPR58027/
European Parliament: Press Release, 12/09/2023: MEPs adopted new rules protecting consumers from taking on too much debt https://www.europarl.europa.eu/news/en/press-room/20230911IPR04902/
Council of the European Union: Press Release, 09/10/2023: Asking for a loan will be safer in the EU after the Council’s final approval of the Consumer Credit Directive https://www.consilium.europa.eu/en/press/press-releases/2023/10/09/asking-for-a-loan-will-be-safer-in-the-eu-after-the-council-s-final-approval-of-the-consumer-credit-directive/

News
The Irish Times, 05/07/2021: EU proposes cap on rates charged by moneylenders https://www.irishtimes.com/business/financial-services/eu-proposes-cap-on-rates-charged-by-moneylenders-1.4612188
EurActiv, 27/08/2021: EU privacy watchdog calls for stricter data use to guarantee fair access to credit https://www.euractiv.com/section/data-protection/news/eu-privacy-watchdog-calls-for-stricter-data-use-to-guarantee-fair-access-to-credit/

Commentary and Analysis
eCommerce Europe: News, 14/09/2021: Commission is revising the existing EU rules on consumer credit https://ecommerce-europe.eu/news-item/commission-is-revising-the-existing-eu-rules-on-consumer-credit/
European Parliamentary Research Service (EPRS): Briefing, 04/10/2021: Consumer Credit - Initial Appraisal of a European Commission Impact Assessment https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2021)694231
European Parliamentary Research Service (EPRS): At a Glance, 13/10/2021: Credit servicers directive https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2021)698749
European Consumer Organisation (BEUC), 02/11/2021: Consumer Credit Directive: key points for consumers https://www.beuc.eu/sites/default/files/publications/beuc-x-2021-097_consumer_credit_directive_the_consumer_view.pdf
Centre for European Policy Studies (CEPS): Policy Brief, 20/12/2021: The revision of the Consumer Credit Directive https://www.ceps.eu/ceps-publications/consumer-credit-directive-review/
Payments Europe: Position Papers, 15/03/2022: Payment Europe’s Position On The Review Of The Consumer Credit Directive https://www.paymentseurope.eu/payment-europes-position-on-the-review-of-the-consumer-credit-directive/
European Consumer Organisation (BEUC): Press Release, 09/06/2022: Consumer credit: EU Member States propose to prevent overindebtedness but fail to capture new forms of lending https://www.beuc.eu/press-releases/consumer-credit-eu-member-states-propose-prevent-overindebtedness-fail-capture-new
Loyens&Loeff: Insights, 20/06/2022: Revision of the Consumer Credit Directive: consequences for buy now, pay later services and private lease https://www.loyensloeff.com/insights/news--events/news/revision-of-the-consumer-credit-directive-consequences-for-buy-now-pay-later-services-and-private-lease/
European Consumer Organisation (BEUC), 08/09/2022: Consumer Credit Directive: BEUC recommendations for trilogue https://www.beuc.eu/sites/default/files/publications/BEUC-X-2022-091_Members_consultation_CCD_position_paper_for_trilogues.pdf
Insurance Europe: News, 14/09/2022: Consumer Credit Directive: Including right to be forgotten for persons with prior diagnosis would be bad for consumers https://www.insuranceeurope.eu/news/2706/consumer-credit-directive-including-right-to-be-forgotten-for-persons-with-prior-diagnosis-would-be-bad-for-consumers
European Parliamentary Research Service (EPRS): Briefing, 26/04/2023: Consumer Credit Directive https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2021)698054
European Parliamentary Research Service (EPRS): At a Glance, 06/09/2023: Consumer credit https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2023)751440
Centre for European Policy Studies (CEPS): ECRI Explainers, 07/09/2023: New EU rules for consumer credit markets https://www.ceps.eu/ceps-publications/new-eu-rules-for-consumer-credit-markets/

Subject Categories ,
Subject Tags ,
International Organisations