Updated 22/10/2024
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Version from: 30/12/2023
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Article 44 - Review clause

Article 44

Review clause

The Commission shall undertake a review of this Directive by 21 March 2019. The review shall consider the effectiveness and appropriateness of the provisions on consumers and the internal market.

The review shall include the following:

(a) 

an assessment of the use and consumer understanding of and satisfaction with the ESIS;

(b) 

an analysis of other pre-contractual disclosures;

(c) 

an analysis of cross-border business by credit intermediaries and creditors;

(d) 

an analysis of the evolution of the market for non-credit institutions providing credit agreements relating to residential immovable property;

(e) 

an assessment on the need for further measures, including a passport for non-credit institutions providing credit agreements relating to residential immovable property;

(f) 

an examination of the need to introduce additional rights and obligations with regard to the post-contractual stage of credit agreements;

(g) 

an assessment of whether the scope of this Directive remains appropriate, taking account of its impact on other, substitutable forms of credit;

(h) 

an assessment of whether additional measures are necessary to ensure the traceability of credit agreements secured against residential immovable property;

(i) 

an assessment of the availability of data on trends in prices of residential immovable property and on the extent to which data are comparable;

(j) 

an assessment of whether it continues to be appropriate to apply Directive 2008/48/EC to unsecured credits the purpose of which is the renovation of a residential immovable property involving a total amount of credit above the maximum amount specified in point (c) of Article 2(2) of that Directive;

(k) 

an assessment of whether the arrangements for the publication of sanctions under Article 38(2) provide sufficient transparency;

(l) 

an assessment of the proportionality of warnings referred to in Articles 11(6) and 13(2) and the potential for further harmonisation of risk warnings.