TITLE VII

The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). . Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. By 29 December 2026, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall consist of at least the following: the number of authorised credit servicers in the Union and the number of credit servicers providing their services in a host Member State; the number of creditors’ rights under non-performing credit agreements or of non-performing credit agreements purchased from credit institutions by credit purchasers domiciled or having their registered office or, if under their national law they have no registered office, their head office, in the same Member State as the credit institution, or in a different Member State than the credit institution, or outside of the Union; an assessment of the existing money laundering and terrorist financing risk associated with the activities performed by credit servicers and credit purchasers; an assessment of the cooperation between competent authorities under Article 26. Where the evaluation identifies significant problems with the functioning of this Directive, the report shall outline how the Commission intends to address the identified problems, including steps and timings of the potential revision. Without prejudice to the legislative prerogatives of the European Parliament and the Council, by 29 December 2023, the Commission shall submit to the European Parliament and to the Council a report on: the adequacy of the regulatory framework regarding a potential introduction of caps on charges arising from the event of default applicable to credit agreements concluded with: natural persons for purposes related to the trade, business or profession of those natural persons; SMEs, as defined in Article 2 of the Annex to Recommendation 2003/361/EC; any borrower, provided that the credit is guaranteed by a natural person or is secured by assets or property belonging to that natural person; relevant aspects, including potential forbearance measures, of credit agreements concluded with: natural persons for purposes related to the trade, business or profession of those natural persons; SMEs, as defined in Article 2 of the Annex to Recommendation 2003/361/EC; any borrower, provided that the credit is guaranteed by a natural person or is secured by assets or property belonging to that natural person; the need for, and feasibility of, developing implementing or regulatory technical standards or other appropriate means to introduce common reporting formats for communications to borrowers under Article 10(2) and on forbearance measures. Where appropriate, the report referred to in the first paragraph shall be accompanied by a legislative proposal. Member States shall adopt and publish, by 29 December 2023, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission. They shall apply the measures referred to in paragraph 1 from 30 December 2023. By way of derogation from the first subparagraph, entities already carrying out in accordance with national law credit servicing activities on 30 December 2023 shall be allowed to continue carrying out those credit servicing activities in their home Member State until 29 June 2024 or until the date on which they obtain an authorisation in accordance with this Directive, whichever is the earlier. Member States that already have in place regimes that are equivalent to, or stricter than, those established in this Directive for credit servicing activities may allow entities already carrying out credit servicing activities under those regimes on 30 December 2023 to be automatically recognised as authorised credit servicers by the national provisions transposing this Directive. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Directive is addressed to the Member States.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.