natgillin/translations-raw huggingface dataset:
г) ако няма определен погасителен план и такъв план не се подразбира от условията на договора за кредит и предвидените средства за погасяване на кредита, се счита, че срокът на кредита е една година и че кредитът се погасява на дванадесет равни месечни капиталови вноски;
(d) if there is no fixed timetable for repayment, and no such timetable can be deduced from the terms of the credit agreement and the means of repaying the credit granted, the duration of the credit shall be deemed to be one year and the amount of the credit shall be assumed to be repaid in twelve equal instalments of capital at monthly intervals;
г) ако няма определен погасителен план, се счита:
(d) if there is no fixed timetable for repayment, it shall be assumed:
i) че кредитът е отпуснат за срок от една година, започваща от съответната дата; както и
(i) that the credit is provided for a period of one year beginning from the relevant date; and
ii) че кредитът се погасява на дванадесет равни и месечни вноски, започващи един месец след съответната дата;
(ii) that the credit will be repaid in twelve equal instalments and at monthly intervals , beginning one month after the relevant date ;
As the question of whether a fixed timetable can be deduced from the agreement or not is open to subjective interpretation, this amendment seeks to ensure that the APR is always calculated based on the same assumptions concerning the timetable, so as to enable consumers to make effective comparisons of cross-border credit offers.
As the question of whether a fixed timetable can be deduced from the agreement or not is open to subjective interpretation, this amendment seeks to ensure that the APR is always calculated based on the same assumptions concerning the timetable, so as to enable consumers to make effective comparisons of cross-border credit offers.
Приложение І, част ІІ, буква ж)
Annex I, part II, point (g)
ж) ако не е договорена горната граница на кредита, се счита, че тя е 1 000 евро ;
g) if the ceiling applicable to the credit has not yet been agreed, that ceiling is assumed to be EUR 1 000 ;
ж) ако не е договорена горната граница на кредита, се счита, че тя е 2 500 евро или минималният размер на кредит, предлаган за продукта;
g) if the ceiling applicable to the credit has not yet been agreed, that ceiling is assumed to be EUR 2 500 or the minimum amount of credit offered for the product ;
The limit of EUR 2,500 is more reflective of the typical credit products.
The limit of EUR 2,500 is more reflective of the typical credit products.
There exist also products with significantly higher credit limits for which calculations using a lower limit would be misleading to the consumers.
There exist also products with significantly higher credit limits for which calculations using a lower limit would be misleading to the consumers.
Приложение ІІ, раздел 4, втора клетка, лява колона
Annex II, section 4, box 2, left-hand column
Предсрочно погасяване
Early repayment
Имате право на частично или пълно предсрочно погасяване на кредита по всяко време.
You have the right to repay the credit early at any time in full or partially.
Ако е приложимо
If applicable
Кредиторът има право на обезщетение в случай на предсрочно погасяване.
The creditor is entitled to compensation in the case of early repayment
Указание за дължимо обезщетение
Reference to compensation payable
Приложение ІІ, раздел 4, втора клетка, лява колона
Annex II, section 4, box 2, right-hand column
[Определяне на обезщетението (метод на изчисление) съгласно разпоредбите за привеждане в изпълнение на член 16, параграф 2 от Директива.../.../ЕО]
[Determination of the compensation (calculation method) in accordance with the provisions implementing Article 16(2) of Directive …/…/EC]
Приложение ІІ, раздел 4, трета клетка, лява колона
Annex II, section 4, box 3, left-hand column
Справки в бази данни
Consultation of a database
Кредиторът е длъжен незабавно да Ви предостави безвъзмездна информация относно резултата от справката в база данни, ако молбата за кредит е отхвърлена въз основа на нея.
The creditor must inform you immediately and without charge of the result of a consultation of a database, if a credit application is rejected on the basis of such a consultation.
Това не важи ако предоставянето на такава информация е забранено от правото на Европейската общност или е в противоречие с целите на обществения ред или обществената сигурност.
This does not apply if the provision of such information is prohibited by European Community law or is contrary to objectives of public policy or public security.
Съгласие на потребителя
Consent of the consumer
Приложение ІІ, раздел 4, втора клетка, лява колона
Annex III, section 2, box 4, left-hand column
Как и кога ще погасявате кредита?
How and when will you have to repay the credit?
Приложение ІІІ, раздел 2, шеста клетка, лява колона
Annex III, section 2, box 6, left-hand column
Кредитът е предоставен под формата на разсрочено плащане за стока или услуга
The credit is granted in the form of a deferred payment for a good or service
Наименование на стоката/услугата
Name of good/service
Приложение ІІІ, раздел 4, трета клетка, лява колона
Annex III, section 4, box 3, left-hand column
Право на проектодоговор за кредит
Right to a draft credit agreement
Имате право да получите безвъзмездно копие от проектодоговора за кредит при поискване.
You have the right, upon request, to obtain a copy of the draft credit agreement free of charge.
Тази разпоредба не се прилага, ако в момента на поискването кредиторът не желае да пристъпи към сключването на договор за кредит с Вас.
This provision does not apply if the creditor is at the time of the request unwilling to proceed to the conclusion of the credit agreement with you.
Приложение ІІІ, раздел 5, трета клетка, лява колона
Annex III, section 5, box 3, left-hand column
Кредиторът има право на обезщетение в случай на предсрочно погасяване.
The creditor is entitled to compensation in the case of early repayment.
Приложение ІІІ, раздел 5, трета клетка, дясна колона
Annex III, section 5, box 3, right-hand column
[Определяне на обезщетението (метод на изчисление) съгласно разпоредбите за привеждане в изпълнение на член 16, параграф 2 от Директива.../.../ЕО*]
[Determination of the compensation (calculation method) in accordance with the provisions implementing Article 16(2) of Directive …/…/EC*]
Consumer credit to finance the purchase of goods or services has become a standard part of economic life.
Consumer credit to finance the purchase of goods or services has become a standard part of economic life.
It accounts for a substantial proportion of Gross Domestic Product in Europe, although there are large differences between the individual Member States.
It accounts for a substantial proportion of Gross Domestic Product in Europe, although there are large differences between the individual Member States.
Despite increasing economic interrelatedness, a single currency and substantial improvements in the methods available for making cross-border payments, the fact is that markets remain predominantly national, while cross-border credit provision is rare.
Despite increasing economic interrelatedness, a single currency and substantial improvements in the methods available for making cross-border payments, the fact is that markets remain predominantly national, while cross-border credit provision is rare.
There are many different reasons for this, the main ones probably being different national customs and traditions of financing, as well as language barriers.
There are many different reasons for this, the main ones probably being different national customs and traditions of financing, as well as language barriers.
Improving access to national markets in the important economic sector of consumer credit, promoting competition and improving the internal market are political tasks incumbent on the EU and are in the interests of consumers and creditors.
Improving access to national markets in the important economic sector of consumer credit, promoting competition and improving the internal market are political tasks incumbent on the EU and are in the interests of consumers and creditors.
A common European legal framework for consumer protection can contribute to this, although legal and practical obstacles remain and law is not the decisive factor in cross-border consumer credit.
A common European legal framework for consumer protection can contribute to this, although legal and practical obstacles remain and law is not the decisive factor in cross-border consumer credit.
The European legal framework currently comprises Directive 87/102/EEC.
The European legal framework currently comprises Directive 87/102/EEC.
It only contains minimum standards.
It only contains minimum standards.
The further development of this field of the law varies widely between Member States, creating obstacles to the internal market.
The further development of this field of the law varies widely between Member States, creating obstacles to the internal market.
However, complete harmonisation of legislation is not the answer.
However, complete harmonisation of legislation is not the answer.
Consumer law must be flexible; differences in circumstances, and particularly differences in the risks to consumers, call for different legal rules in response, and where appropriate these must be adopted quickly and open to amendment.
Consumer law must be flexible; differences in circumstances, and particularly differences in the risks to consumers, call for different legal rules in response, and where appropriate these must be adopted quickly and open to amendment.
The effect of the law also depends on its acceptance by people, who wish to be able to regard it as their law and as appropriate to the circumstances in which they live.
The effect of the law also depends on its acceptance by people, who wish to be able to regard it as their law and as appropriate to the circumstances in which they live.
Uniformity of the law might not only violate the subsidiarity principle but also in many cases, because of the necessary compromises, result in complex and excessive regulation, further reducing the already small internal market impact of consumer credit.
Uniformity of the law might not only violate the subsidiarity principle but also in many cases, because of the necessary compromises, result in complex and excessive regulation, further reducing the already small internal market impact of consumer credit.
For this reason, the Commission's first proposal of 11 September 2002, which provided for complete harmonisation, miscarried.
For this reason, the Commission's first proposal of 11 September 2002, which provided for complete harmonisation, miscarried.
At first reading, the European Parliament adopted huge numbers of amendments to the Commission proposal and provided only for minimum harmonisation.
At first reading, the European Parliament adopted huge numbers of amendments to the Commission proposal and provided only for minimum harmonisation.
In October 2005, the Commission submitted a new, substantially modified proposal.
In October 2005, the Commission submitted a new, substantially modified proposal.
To a large extent, it took account of Parliament's decisions and was considerably more concise.
To a large extent, it took account of Parliament's decisions and was considerably more concise.
The new Commission proposal also abandoned the objective of comprehensive maximum harmonisation, opting instead merely for selective harmonisation of certain fundamental legal aspects: pre-contractual information, contractual information, right of withdrawal, early repayment and annual percentage rate of charge.
The new Commission proposal also abandoned the objective of comprehensive maximum harmonisation, opting instead merely for selective harmonisation of certain fundamental legal aspects: pre-contractual information, contractual information, right of withdrawal, early repayment and annual percentage rate of charge.
This new approach is very much to be welcomed.
This new approach is very much to be welcomed.
In its common position, the Council adopted the same approach, making further modifications, some of which rendered the proposal even more concise, although others introduced fresh complications.
In its common position, the Council adopted the same approach, making further modifications, some of which rendered the proposal even more concise, although others introduced fresh complications.
Although the common position constitutes a good basis, certain revisions and corrections on points of detail are called for.
Although the common position constitutes a good basis, certain revisions and corrections on points of detail are called for.
The following criteria should be applied for this purpose: legislation should be based on typical cases, average consumers and average entrepreneurs, rather than on failed attempts to commit abuses, which are the exception.
The following criteria should be applied for this purpose: legislation should be based on typical cases, average consumers and average entrepreneurs, rather than on failed attempts to commit abuses, which are the exception.
The principle of freedom to enter into contracts should be maintained, and the personal responsibility of consumers should be increased.
The principle of freedom to enter into contracts should be maintained, and the personal responsibility of consumers should be increased.
Increased regulation does not automatically mean better consumer protection.
Increased regulation does not automatically mean better consumer protection.
As unequivocally demonstrated by the study commissioned by the European Parliament and the hearings which it has held, too much information leads more to confusion than to enlightenment, particularly among inexperienced consumers, quite apart from the associated higher costs, which ultimately also have to be borne by the consumer.
As unequivocally demonstrated by the study commissioned by the European Parliament and the hearings which it has held, too much information leads more to confusion than to enlightenment, particularly among inexperienced consumers, quite apart from the associated higher costs, which ultimately also have to be borne by the consumer.
Rules should be clear, simple and transparent, and should ensure European added value with the aim of promoting the internal market.
Rules should be clear, simple and transparent, and should ensure European added value with the aim of promoting the internal market.
Not all parts of the common position take account of these aspects and succeed in striking the right balance with regard to them.
Not all parts of the common position take account of these aspects and succeed in striking the right balance with regard to them.
Many are too extensive and bureaucratic, and some are too complex and difficult to understand.
Many are too extensive and bureaucratic, and some are too complex and difficult to understand.
This may be attributable to the need to arrive at compromises within the Council and the insistence of Member States on their own specific rules, but it is not the right approach and cannot be the one which guides the European Parliament.
This may be attributable to the need to arrive at compromises within the Council and the insistence of Member States on their own specific rules, but it is not the right approach and cannot be the one which guides the European Parliament.
The following amendments call for comment:
The following amendments call for comment:
Further exceptions need to be made to the scope, for example for contracts concluded with the assistance of a notary, housing loans and credits under € 500 and over
Further exceptions need to be made to the scope, for example for contracts concluded with the assistance of a notary, housing loans and credits under € 500 and over
€ 50 000.
€ 50 000.
This will give Member States greater freedom of action.
This will give Member States greater freedom of action.
However, it should particularly be noted that they may also adopt provisions relating to these fields at the transposition stage.
However, it should particularly be noted that they may also adopt provisions relating to these fields at the transposition stage.
For example, Member States may already apply their rules to credits from € 100 credits upwards, and they may at any time adjust this threshold in the light of monetary circumstances and incomes in their territory without its being necessary to amend the European directive.
For example, Member States may already apply their rules to credits from € 100 credits upwards, and they may at any time adjust this threshold in the light of monetary circumstances and incomes in their territory without its being necessary to amend the European directive.
The provisions concerning advertising are unclear and seem excessive, particularly as Directive 2005/29/EC on unfair commercial practices also applies.
The provisions concerning advertising are unclear and seem excessive, particularly as Directive 2005/29/EC on unfair commercial practices also applies.
The pre-contractual and contractual information requirements are excessive.
The pre-contractual and contractual information requirements are excessive.
It is not desirable to harmonise this field of the law in such a way as to lump together all the requirements that exist in Member States.
It is not desirable to harmonise this field of the law in such a way as to lump together all the requirements that exist in Member States.
This would inevitably result in over-regulation and information overload, and the point is further borne out by the fact that consumers have a right of withdrawal.
This would inevitably result in over-regulation and information overload, and the point is further borne out by the fact that consumers have a right of withdrawal.
This is particularly true of overdraft facilities.
This is particularly true of overdraft facilities.
The additional explanations required concerning the information could substantially hamper the internal market, on the one hand because the Member States concerned might transpose the provisions differently and on the other hand because they would be too much for creditors to cope with, particularly in the case of cross-border transactions, but also in the case of electronic transactions, and the rules could well deter creditors from providing cross-border credit.
The additional explanations required concerning the information could substantially hamper the internal market, on the one hand because the Member States concerned might transpose the provisions differently and on the other hand because they would be too much for creditors to cope with, particularly in the case of cross-border transactions, but also in the case of electronic transactions, and the rules could well deter creditors from providing cross-border credit.
For this reason, and also on account of the individual responsibility of consumers, these explanations should only have to be provided at the consumer's request.
For this reason, and also on account of the individual responsibility of consumers, these explanations should only have to be provided at the consumer's request.
The right of withdrawal should be subject to a lapse date.
The right of withdrawal should be subject to a lapse date.
In view of the numerous rules with which businesses will be required to comply, errors may occur when concluding a contract and providing information about the right of withdrawal, although these errors are due not to dishonest intentions but purely to an oversight by the entrepreneur.
In view of the numerous rules with which businesses will be required to comply, errors may occur when concluding a contract and providing information about the right of withdrawal, although these errors are due not to dishonest intentions but purely to an oversight by the entrepreneur.
After all, the directive will also apply to entrepreneurs who do not have experience of credit transactions.
After all, the directive will also apply to entrepreneurs who do not have experience of credit transactions.
Such mistakes could also mislead consumers into committing abuses.
Such mistakes could also mislead consumers into committing abuses.
6 months after the conclusion of the contract, the legal position should therefore become incontestable.
6 months after the conclusion of the contract, the legal position should therefore become incontestable.
From the point of view of the Commission, early repayment and compensation were an element which it was important to harmonise.
From the point of view of the Commission, early repayment and compensation were an element which it was important to harmonise.
The compromise which the Council has reached on the subject could hardly be more complicated, and does not help matters much.
The compromise which the Council has reached on the subject could hardly be more complicated, and does not help matters much.
In view of the major differences in the traditions and legal doctrines of the individual Member States, it is understandable that it might be impossible to arrive at any convincing compromise on this.
In view of the major differences in the traditions and legal doctrines of the individual Member States, it is understandable that it might be impossible to arrive at any convincing compromise on this.
However, the solution which has been proposed is thoroughly unsatisfactory and does not appear likely to produce any effect on the internal market (harmonisation).
However, the solution which has been proposed is thoroughly unsatisfactory and does not appear likely to produce any effect on the internal market (harmonisation).
The nature of the calculation of any compensation is formulated unclearly and remains open.
The nature of the calculation of any compensation is formulated unclearly and remains open.
Up to € 10 000 per annum, it is possible to avoid compensation altogether.
Up to € 10 000 per annum, it is possible to avoid compensation altogether.
The only common rule worthy of the name remains that which lays down that, if compensation is permitted, and no matter how it is calculated, not more than 0.5% or 1% of the early repayment may be demanded.
The only common rule worthy of the name remains that which lays down that, if compensation is permitted, and no matter how it is calculated, not more than 0.5% or 1% of the early repayment may be demanded.
Against this background and because this limit is not necessarily the right one, the more honest solution would seem to be to completely delete the provisions on compensation, thus leaving the matter to the discretion of the Member States.
Against this background and because this limit is not necessarily the right one, the more honest solution would seem to be to completely delete the provisions on compensation, thus leaving the matter to the discretion of the Member States.
The rapporteur considers that the remaining amendments improve the common position by making the provisions clear and concise and that they strike an appropriate balance among the various aspects.
The rapporteur considers that the remaining amendments improve the common position by making the provisions clear and concise and that they strike an appropriate balance among the various aspects.
Хармонизация на законодателствата на държавите-членки в областта на потребителските кредити (отмяна на Директива 87/102/EИО)
Harmonisation of the Member States’ legislation on credit for consumers (repeal of Directive 87/102/EEC)
20.4.2004 г. T5-0297/2004
20.4.2004 T5-0297/2004