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Commission pushes for 'responsible lending' by banks

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Published 16 June 2009, updated 23 September 2010
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credit

The European Commission yesterday (15 June) launched a consultation on responsible lending and borrowing, in an attempt to tackle credit market risks that were at the the root of the current financial crisis.

The consultation covers, amongst other things, the advertising and marketing of credit products, the pre-contractual information provided, ways to assess product suitability and borrower creditworthiness, advice standards, responsible borrowing and issues relating to the framework for credit intermediaries (e.g. disclosure, registration, licensing and supervision). 

Brussels wants to review rules governing "ways to assess product suitability and borrower creditworthiness". "The issue of suitability is one that may need to be addressed because some borrowers have been granted credit that was unsuitable for them or their needs," reads a document which the Commission has put under public consultation.

As for borrower creditworthiness, the EU executive is evaluating a range of measures aimed at avoiding risks of default. The US sub-prime mortgage crisis highlighted practices which have pushed lenders to give money away without properly assessing borrowers' ability to pay it back, and these need total redress, the Commission warned.

"For instance, a lender may opt to provide a risky loan because it can always resort to the sale of the property held as collateral in case the borrower defaults. It can transfer the risk of default to third parties by issuing residential mortgage-backed securities or even sell the loan portfolio," reads the document published by the Commission.

"Moreover, lenders and credit intermediaries may have incentives not to undertake a thorough creditworthiness assessment to speed up the process and thereby gain new clients," the document continues.

Borrowers themselves are expected to face more stringent controls on their credit histories. For this reason, Brussels is studying facilitating access to national credit data registers. 

Better coordination among national authorities within the EU can make it easier to verify whether a mortgage buyer has borrowed significant sums in other countries. Assessment by lenders should thus be more appropriate, according to a report published by an expert group set up by the Commission in September 2008. The group did not propose the establishment of a single EU credit register, however.

Brussels is also looking into the advertising and marketing of credit products, pre-contractual information, credit intermediaries' activities and advice standards. 

The Commission is inviting relevant stakeholders to make known their views by the end of August.

Positions: 

Internal Market Commissioner Charlie McCreevy said: "The financial crisis has shown the damage that irresponsible lending and borrowing practices can have on consumers, lenders, the financial system and the economy at large. We are therefore determined to learn from possible mistakes to ensure that lending and borrowing take places in a responsible manner," he said in a statement.

Eurofinas, which represents specialised consumer credit providers, commented: "A key benefit in facilitating cross-border access to credit databases lies in improving access to finance for some categories of applicant borrower who are more difficult to assess, such as migrants and individuals who wish to buy a second home abroad."

In welcoming the report on credit histories, however, Eurofinas noted "that some lenders currently face unjustifiable difficulties accessing some databases," and therefore called on the European Commission "to ensure that member states transpose this provision properly and in a consistent manner".

The European Mortgage Federation (EMF) has recently released a draft list of standards for responsible lendind for home loans, aimed "at reinforcing the industry's commitment to existing practices". In addition, the EMF considers that "with regard to mortgage lending practices, the Commission should have drawn the distinction between the strict and responsible lending practices widely in use in the EU and those in evidence in the US which led in the end to the crisis in its sub-prime markets. While it is evident that strong improvements in lending practices are clearly necessary in the US, the EMF believes that the situation in the EU is not at all comparable", reads a statement.

Consumer associations took an opposite line. BEUC, representing European consumers, raised doubts about sharing credit databases. "The current crisis proved that the effects of databases on consumers' data and technologies based on such databases did not result necessarily in a more responsible credit and financial market. Such databases still need further and independent work, including on their desirability, proportionality and effectiveness, especially prior to their proliferation at cross-border level," reads a statement.

BEUC opposed the idea of shared registers due to privacy concerns. "The report does not provide the necessary restrictions/guarantees to protect consumers' personal data and right to privacy against a growing collection and aggregation of personal data and use of profiling techniques by the private sector," read its statement.

Next steps: 
  • 31 Aug. 2009: End of Commission consultations on responsible lending and borrowing, and on credit histories report.
  • 3 Sept. 2009: Public hearing organised by the Commission on responsible lending and borrowing.
Background: 

Worldwide financial markets went into a tailspin following the sub-prime mortgage crisis in the US, forcing central banks to make massive cash injections and states to rescue banks in order to keep the system rolling and fend off a possible liquidity crisis.

According to the dominant view, at the origin of the crisis lies the spread of a risk-prone approach to lending money and, by reverse, in borrowing it.

Lenders were encouraged to give loans also in cases of high risk of default exploiting a system allowing them transferring the risk to third parties by issuing mortgage-backed securities. 

On the other hand, financial education and information have been seriously lacking. As a consequence, only a few consumers made clearly responsible choices in buying loans or financial products (see our LinksDossier on 'Financial Education').

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