CELEX: 51989PC0592
Language: en
Date: 1989-11-29
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ( EEC ) AMENDING DIRECTIVE 87/102/EEC OF 22 DECEMBER 1986 FOR THE APPROXIMATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES CONCERNING CONSUMER CREDIT

No C 30/92                              Official Journal of the European Communities                                     8. 2. 90
             COMMON POSITION OF THE COUNCIL                                        TEXT AMENDED BY PARLIAMENT
                                                       AMENDMENT No 2
                            Article 3                                                          Article 3
 Where a company becomes a single-member company                    Where a company becomes a single-member company
 because all its shares are held by a single person, that fact,     because all its shares are held by a single person, that fact,
 together with the identity of the sole member, must either         together with the identity of the sole member, must either
 be recorded in the file or entered in the register within the      be recorded in the file or entered in the register within the
 meaning of Article 3 (1) and (2) of Directive 68/151/EEC or        meaning of Article 3(1) and (2) of Directive 68/151/EEC or
 be entered in a register kept by the company and accessible        be entered in a register kept by the company and accessible
 to the public.                                                     to the public, an attendant consequence of this being the
                                                                    obligation to convert the shares into nominative shares.
                                                                    The fact that all the shares are held by a single person shall
                                                                    also be recorded on the paper used by the company for its
                                                                    correspondence.
               Re-examined proposal for a Council Directive amending Directive 87/102/EEC of 22 December
               1986 on the approximation of the laws, regulations and administrative provisions of the Member
                                              States concerning consumer credit (1)
                                                 COM(89) 592 final — SYN 132
                     [Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on
                                                        4 December 1989]
                                                           (90/C 30/07)
               (!) OJ No C 155, 14. 6. 1988, p. 10.
            COMMON POSITION OF THE COUNCIL                                     TEXT AMENDED BY THE COMMITTEE ON
                                                                                LEGAL AFFAIRS AND CITIZENS' RIGHTS
                                                       AMENDMENT No 1
Fourth recital                                                      Fourth recital
Whereas, during a transitional period, Member States                Delete this recital
which prior to the date of notification of this Directive,
apply laws which permit the use of another mathematical
formula for calculating the annual percentage rate of
charge may continue to apply such laws;
                                                       AMENDMENT No 2
Fifth recital                                                       Fifth recital
Whereas, before expiry of the transitional period and in the        Delete this recital
light of experience, the Council will, on the basis of a
proposal from the Commission, take a decision which will
make it possible to apply a single Community mathema-
tical formula;
 ---pagebreak---  8. 2. 90                                  Official Journal of the European Communities                              No C 30/93
               COMMON POSITION OF THE COUNCIL                                   TEXT AMENDED BY THE COMMITTEE ON
                                                                                  LEGAL AFFAIRS AND CITIZENS' RIGHTS
                                                         AMENDMENT No 3
            Article 1 (2) — Article la (3)(a) and (b)                          Article 1 (2) — Article la (3)(a) and (b)
3.    (a) Where credit transactions referred to in this               Delete the whole of paragraph 3
           Directive are subject to the provisions of national
           laws in force on... which impose maximum limits
           on the annual percentage rate of charge for such
           transactions and, where such provisions permit
           standard costs other than those described in
           paragraph 2(i) to (v) not to be included in those
           maximum limits, Member States may, solely in
           respect of such transactions, not include the
           aforementioned costs when calculating the annual
           percentage rate of charge, as stipulated in this
           Directive, provided that there is a requirement, in
           the cases mentioned in Article 3 and in the credit
           agreement, that the consumer be informed of the
           amount and inclusion thereof in the payments to be
           made.
     (b) Member States may no longer apply point (a) from
           the date of entry into force of the single mathema-
           tical formula for calculating the annual percentage
           rate of charge in the Community, pursuant to the
          provisions of paragraph 5(c)
                                                        AMENDMENT No 4
        Article 1 (2) — Article la (5)(a), (b) and (c)                      Article 1 (2) — Article la (5)(a), (b) and (c)
5.   (a) As a transitional measure, notwithstanding the              Delete the whole of paragraph 5
          provisions of paragraph 1(a), Member States
          which, prior to ..., applied legal provisions
          whereby a mathematical formula different from
          that given in Annex II could be used for calculating
          the annual percentage rate of charge, may continue
          applying that formula within their territory for a
          period of three years starting from 1 January 1993.
          Member States shall take the appropriate measures
          to ensure that only one mathematical formula for
         calculating the annual percentage rate of charge is
          used within their territory.
    (b) Six months before the expiry of the time limit laid
         down in point (a) the Commission shall submit to
         the Council a report, accompanied by a proposal,
         which will make it possible in the light of
         experience, to apply a single Community mathe-
         matical formula for calculating the annual per-
         centage rate of charge.
    (c) The Council shall, acting by a qualifed majority on
         the basis of the proposal of the Commission, take a
         decision before 1 January 1996.
 ---pagebreak--- No C 30/94                               Official Journal of the European Communities                                    8. 2. 90
             COMMON POSITION OF THE COUNCIL                                    TEXT AMENDED BY THE COMMITTEE ON
                                                                                LEGAL AFFAIRS AND CITIZENS' RIGHTS
                                                        AMENDMENT No 5
               Article 1 (4) — Article 4 (2)(d)                                    Article 1 (4) — Article 4 (2)(d)
2. The written agreement shall include:...                          2. The written agreement shall include:...
                                                                    (d) a statement of the cost items referred to in Article la
(d) a statement of the cost items referred to in Article la (2)
     with the exception of expenditure related to the breach             (2), which were not included in the calculation of the
     of contractual obligations which were not included in               annual percentage interest charge, but which have to be
     the calculation of the annual percentage rate of charge             paid by the consumer in given circumstances, together
     but which have to be paid by the consumer in given                  with a statement identifying such circumstances.
     circumstances, together with a statement identifying                Where the exact amount of those items is known, that
     such circumstances. Where the exact amount of those                 sum is to be indicated; if that is not the case, either a
     items is known, that sum is to be indicated; if that is not         method of calculation or as accurate an estimate as
     the case, either a method of calculation or as accurate             possible is to be provided where possible.
     an estimate as possible is to be provided where
     possible.
                                                        AMENDMENT No 6
                         Article 2 (2)                                                       Article 2 (2)
2. Member States shall communicate to the Commission                2. Member States shall communicate to the Commission
the texts of the main provisions of national law which they         the texts of the main provisions of national law which they
adopt in the field governed by this Directive.                      adopt in the field governed by this Directive. The said texts
                                                                    shall contain an express reference to this Directive and to
                                                                    Directive 87/102/EEC.