Corrigendum to Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC ( OJ L 133, 22.5.2008 )
Date: 2010-07-31
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, consumer information, consumer protection, contract, credit








L_2010199EN.01004001.xml










31.7.2010   


EN


Official Journal of the European Union


L 199/40







Corrigendum to Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC
(
Official Journal of the European Union L 133 of 22 May 2008
)

On page 82, Article 26:
for:

               ‘Where a Member State makes use of any of the regulatory choices referred to in Article 2(5) and 2(6), Article 4(1), Article 4(2)(c), Article 6(2), Article 10(1), Article 10(2)(g), Article 14(2) and Article 16(4), it shall …’,
read:

               ‘Where a Member State makes use of any of the regulatory choices referred to in Article 2(5) and 2(6), Article 4(1), Article 4(2)(c), Article 6(2), Article 10(1), Article 10(5)(f), Article 14(2) and Article 16(4), it shall …’;
on page 82, Article 27(2), second sentence:
for:

               ‘The Commission shall also monitor the effect of the existence of the regulatory choices referred to in Article 2(5) and 2(6), Article 4(1), Article 4(2)(c), Article 6(2), Article 10(1), Article 10(2)(g), Article 14(2) and Article 16(4) on the internal market and consumers.’,
read:

               ‘The Commission shall also monitor the effect of the existence of the regulatory choices referred to in Article 2(5) and 2(6), Article 4(1), Article 4(2)(c), Article 6(2), Article 10(1), Article 10(5)(f), Article 14(2) and Article 16(4) on the internal market and consumers.’;
on page 87, Annex II, heading 3:
for:

‘3.   Costs of the credit







The borrowing rate or, if applicable, different borrowing rates which apply to the credit agreement


[ %






—


fixed or,










—


variable (with the index or reference rate applicable to the initial borrowing rate),










—


periods],








Annual Percentage Rate of Charge (APR)

This is the total cost expressed as an annual percentage of the total amount of credit.

The APR is there to help you compare different offers.


[ % A representative example mentioning all the assumptions used for calculating the rate to be set out here]




Is it compulsory, in order to obtain the credit or to obtain it on the terms and conditions marketed, to take out






—


an insurance policy securing the credit, or










—


another ancillary service contract,





If the costs of these services are not known by the creditor they are not included in the APR.


Yes/no [if yes, specify the kind of insurance]
Yes/no [if yes, specify the kind of ancillary service]




Related costs


 




If applicable
Maintaining one or more accounts is required for recording both payment transactions and drawdowns


 




If applicable
Amount of costs for using a specific means of payment (e.g. a credit card)


 




If applicable
Any other costs deriving from the credit agreement


 




If applicable
Conditions under which the above mentioned costs related to the credit agreement can be changed


 




If applicable
Obligation to pay notarial fees


 




Costs in the case of late payments

Missing payments could have severe consequences for you (e.g. forced sale) and make obtaining credit more difficult.


You will be charged […… (applicable interest rate and arrangements for its adjustment and, where applicable, default charges)] for missing payments.’,





read:

‘3.   Costs of the credit







The borrowing rate or, if applicable, different borrowing rates which apply to the credit agreement


[ %






—


fixed, or










—


variable (with the index or reference rate applicable to the initial borrowing rate),










—


periods]








Annual Percentage Rate of Charge (APR)

This is the total cost expressed as an annual percentage of the total amount of credit.

The APR is there to help you compare different offers.


[ % A representative example mentioning all the assumptions used for calculating the rate to be set out here]




Is it compulsory, in order to obtain the credit or to obtain it on the terms and conditions marketed, to take out






—


an insurance policy securing the credit, or










—


another ancillary service contract.





If the costs of these services are not known by the creditor they are not included in the APR.


Yes/no [if yes, specify the kind of insurance]
Yes/no [if yes, specify the kind of ancillary service]




Related costs


 




If applicable
Maintaining one or more accounts is required for recording both payment transactions and drawdowns


 




If applicable
Amount of costs for using a specific means of payment (e.g. a credit card)


 




If applicable
Any other costs deriving from the credit agreement


 




If applicable
Conditions under which the above mentioned costs related to the credit agreement can be changed


 




If applicable
Obligation to pay notarial fees


 




Costs in the case of late payments

Missing payments could have severe consequences for you (e.g. forced sale) and make obtaining credit more difficult.


You will be charged […… (applicable interest rate and arrangements for its adjustment and, where applicable, default charges)] for late payments.’;





on page 91, Annex III, heading 3, right-hand column, last entry:
for:

               ‘You will be charged […… (applicable interest rate and arrangements for its adjustment and, where applicable, default charges)] for missing payments.’,
read:

               ‘You will be charged […… (applicable interest rate and arrangements for its adjustment and, where applicable, default charges)] for late payments.’.