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Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing Directive 2008/48/EC

article  11

CELEX:  32023L2225

Pre-contractual information with regard to credit agreements referred to in Article 2(6) or (7) 1. For credit agreements referred to in Article 2(6) or (7), the pre-contractual information referred to in Article 10(1) shall, by way of derogation from Article 10(2), be provided on paper or on another durable medium chosen by the consumer by means of the European Consumer Credit Information form set out in Annex II. That information shall be clear and comprehensible. All information provided in that form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements laid down in this paragraph and in Article 3(1) and (2), of Directive 2002/65/EC if that creditor has supplied that form.
Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing Directive 2008/48/EC

article  11

CELEX:  32023L2225

2. For credit agreements referred to in Article 2(6) or (7), the pre-contractual information referred to in Article 10(1) shall, by way of derogation from Article 10(3), specify all of the following elements, in a prominent way in the first part of the European Consumer Credit Information form on one page:
(a) the identity of the creditor as well as, where applicable, of the credit intermediary involved;
(b) the total amount of credit;
(c) the duration of the credit agreement;
(d) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances;
(e) the annual percentage rate of charge and the total amount payable by the consumer;
(f) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price;
(g) the costs in the case of late payments, i.e. the interest rate applicable in the case of late payments and the arrangements for its adjustment, and, where applicable, any charges payable for default;
(h) the amount, number and frequency of payments to be made by the consumer and, where appropriate, the order in which payments will be allocated to different outstanding balances charged at different borrowing rates for the purposes of reimbursement;
(i) warning regarding the consequences of missing or late payments;
(j) the existence or absence of a right of withdrawal;
(k) the existence of a right of early repayment, and, where applicable, information concerning the creditor’s right to compensation;
(l) the geographical address, telephone number and email address of the creditor as well as, where applicable, the geographical address, telephone number and email address of the credit intermediary involved.
Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing Directive 2008/48/EC

article  11

CELEX:  32023L2225

3. In the event that all the elements referred to in paragraph 2 cannot be displayed in a prominent way on one page, they shall be displayed in the first part of the European Consumer Credit Information form on two pages at most. In that case, the information referred to in points (a) to (g) of that paragraph shall be displayed on the first page of the form.
Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing Directive 2008/48/EC

article  11

CELEX:  32023L2225

4. The pre-contractual information referred to in paragraph 1 shall specify all of the following elements, which shall be displayed after and noticeably separated from the elements listed in paragraph 2:
(a) the type of credit;
(b) where different borrowing rates apply in different circumstances, the conditions governing the application of each borrowing rate, any index or reference rate applicable to the initial borrowing rate, the charges applicable from the time the credit agreement is concluded, and, where applicable, the conditions under which those charges may be changed;
(c) a representative example illustrating the annual percentage rate of charge and the total amount payable by the consumer, referring to all of the assumptions used in order to calculate that rate;
(d) the conditions and procedure for terminating the credit agreement;
(e) where applicable, information concerning the way in which the creditor’s compensation will be determined in the event of early repayment;
(f) where applicable, an indication that the consumer may be requested to repay the amount of credit in full at any time;
(g) a reference to the consumer’s right to be informed immediately and free of charge, pursuant to Article 19(6), of the result of a database consultation carried out for the purposes of assessing his or her creditworthiness;
(h) where applicable, an indication that the price was personalised on the basis of automated processing, including profiling;
(i) where applicable, the period of time during which the creditor is bound by the pre-contractual information provided in accordance with this Article;
(j) a reference to the possibility for the consumer of having recourse to an out-of-court complaint and redress mechanism and the methods for having access to it;
(k) a warning and explanation regarding the legal and financial consequences of non-compliance with the other commitments linked to the specific credit agreement;
(l) a repayment schedule containing all payments and repayments over the duration of the credit agreement, including the payments and repayments for any ancillary services relating to the credit agreement which are sold simultaneously, whereby payments and repayments, in the event that different borrowing rates apply in different circumstances, are based on reasonable upward changes in the borrowing rate.
Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing Directive 2008/48/EC

article  11

CELEX:  32023L2225

5. Information displayed in the European Consumer Credit Information form shall be consistent. It shall be clearly legible and shall take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels, taking into account interoperability.
6. By way of derogation from paragraph 4 of this Article, in the case of voice telephony communications, as referred to in Article 3(3) of Directive 2002/65/EC, the description of the main characteristics of the financial service to be provided pursuant to Article 3(3), point (b), second indent, of that Directive shall include at least the elements referred to in paragraph 2 of this Article. In such case, the creditor and, where applicable, the credit intermediary shall provide the consumer with the European Consumer Credit Information form on a durable medium immediately after the conclusion of the credit agreement.
Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing Directive 2008/48/EC

article  11

CELEX:  32023L2225

7. Upon request from the consumer, the creditor and, where applicable, the credit intermediary shall, in addition to the European Consumer Credit Information form, provide the consumer free of charge with a copy of the draft credit agreement, provided that the creditor, at the time of the request, is willing to proceed to the conclusion of the credit agreement with the consumer.
8. This Article shall not apply to suppliers of goods or providers of services acting as credit intermediaries in an ancillary capacity. This is without prejudice to the creditor’s or, where applicable, the credit intermediary’s obligation to ensure that the consumer receives the pre-contractual information referred to in this Article.