EUROPEAN COMMISSION DIRECTORATE‐GENERAL HEALTH AND CONSUMER PROTECTION STUDY ON THE CALCULATION OF THE ANNUAL PERCENTAGE RATE OF CHARGE FOR CONSUMER CREDIT AGREEMENTS Original Report 2009 Revised October 2013 Prepared by Dr. Gloria M. Soto (Universidad de Murcia, Spain) Contact information: Facultad de Economía y Empresa, Universidad de Murcia, 30100 Murcia (Spain). Email: [email protected] Study on the Calculation of the APR CONTENTS List of tables and figures ............................................................................................................... 3 Country codes ............................................................................................................................... 4 Acronyms ....................................................................................................................................... 4 Legal acts and related documents ................................................................................................ 5 Executive summary ....................................................................................................................... 6 Introduction ................................................................................................................................ 21 Aim of the study ...................................................................................................................... 21 Sources of information ............................................................................................................ 23 Structure of the study ............................................................................................................. 23 1. The APR in the EU legal framework for consumer credit agreements .................................. 25 1.1. Introduction ................................................................................................................. 25 1.2. Scope of the Directive and disclosure of the APR ........................................................ 29 1.3. The cost elements to be included in the APR .............................................................. 41 1.4. The calculation of the APR ........................................................................................... 53 Formula ........................................................................................................................ 53 Credit, costs and time together .............................................................................. 56 Present value rule ................................................................................................... 57 Effective Annual Rate ............................................................................................. 59 Remarks ....................................................................................................................... 70 Non equal amounts or periods ............................................................................... 71 Starting date ........................................................................................................... 72 Measurement of time ............................................................................................. 72 Accuracy and rounding‐off ..................................................................................... 77 Equivalent expressions ........................................................................................... 77 Assumptions ................................................................................................................ 78 Fulfilment of the agreement .................................................................................. 88 Amount ................................................................................................................... 88 Drawdowns ............................................................................................................. 88 Duration and repayment ........................................................................................ 89 Rates and charges ................................................................................................... 96 2. Consumer credit agreements in the European Union ......................................................... 101 2.1. A snapshot of the market .......................................................................................... 101 2.2. Collecting information ............................................................................................... 107 2.3. General features of consumer credit agreements .................................................... 112 Types of consumer credit products ........................................................................... 113 Instalment credit .................................................................................................. 113 CS 17.020200/08/520936 1 Study on the Calculation of the APR Revolving credit .................................................................................................... 115 Fees and charges ........................................................................................................ 116 Interest charges .................................................................................................... 116 Other charges and fees ......................................................................................... 118 Sureties ...................................................................................................................... 119 Insurance and other ancillary services ...................................................................... 119 Credit insurance and payment protection insurance ........................................... 120 Constitution of a capital ....................................................................................... 121 2.4. Specific features of consumer credit products .......................................................... 123 Personal loans ............................................................................................................ 123 Hire‐purchase agreements ........................................................................................ 127 Revolving credit accounts .......................................................................................... 129 Credit cards ................................................................................................................ 130 Overdraft facilities ..................................................................................................... 134 3. Examples of the calculation of the APR ............................................................................... 137 3.1. Introduction ............................................................................................................... 137 3.2. Changes in the examples ........................................................................................... 138 3.3. New set of examples .................................................................................................. 148 Preliminary remarks ................................................................................................... 148 Examples .................................................................................................................... 149 Credit information and amortisation tables .............................................................. 184 4. Excel Simulator for the calculation of the APR .................................................................... 293 4.1. Software requirements .............................................................................................. 293 4.2. Main features ............................................................................................................. 293 4.3. Instructions ................................................................................................................ 294 First stage ................................................................................................................... 296 Second stage .............................................................................................................. 303 Third stage ................................................................................................................. 305 4.4. The amortisation table .............................................................................................. 314 4.5. Brief instructions ........................................................................................................ 317 4.6. Q&A ............................................................................................................................ 319 4.7. Final remarks ............................................................................................................. 320 5. List of terms ......................................................................................................................... 321 Annex: Examples of the calculation of the APR in the 2002 Proposal ...................................... 326 CS 17.020200/08/520936 2 Study on the Calculation of the APR LIST OF TABLES AND FIGURES Table 1. Exclusions from the scope and special cases ................................................................ 36 Table 2. Overview of cost elements in Reifner's study ............................................................... 44 Table 3. Elements of the Total Cost of the Credit ....................................................................... 51 Table 4. The definition of the APR .............................................................................................. 55 Figure 1. Interest charges and capital under simple and compound interest ............................ 61 Table 5. Effective rate versus nominal rate................................................................................. 63 Table 6. Amortisation table and APR using effective, nominal and simple rates ....................... 65 Figure 2. Discount factors under simple and compound rates ................................................... 66 Table 7. Remarks about the formula ........................................................................................... 71 Table 8. Assumptions for the calculation of the APR .................................................................. 82 Table 9. Assumptions for the calculation of the APR (bis) .......................................................... 83 Figure 3. Outstanding consumer credit provided by CI in UE27 markets in 2008 .................... 102 Figure 4. Outstanding consumer credit provided by CI in UE27 markets in 2008 as a percentage of GPD .................................................................................................................... 103 Figure 5. Cross‐country standard deviation of average interest rates on banking segments in the Euro area (%) .................................................................................................. 104 Figure 6. Market penetration per consumer credit product in some European countries in 2006 (volume relative to GDP IN %) ...................................................................... 106 Table 10. Comparison of instalment and revolving credits ...................................................... 116 Table 11. Set of examples ......................................................................................................... 144 CS 17.020200/08/520936 3 Study on the Calculation of the APR COUNTRY CODES Country name Country code Currency code Austria AT EUR Belgium BE EUR Bulgaria BG BGN Cyprus CY EUR Czech Republic CZ CZK Denmark DK DKK Estonia EE EEK Finland FI EUR France FR EUR Germany DE EUR Greece GR EUR Hungary HU HUF Ireland IE EUR Italy IT EUR Latvia LV LVL Lithuania LT LTL Luxembourg LU EUR Malta MT EUR Netherlands NL EUR Poland PL PLN Portugal PT EUR Romania RO RON Slovakia SK SKK Slovenia SI EUR Spain ES EUR Sweden SE SEK United Kingdom GB GBP ACRONYMS APR(C) Annual percentage rate (of charge) EU European Union MS Member States(s) ECB European Central Bank TCC Total cost of the credit (to the consumer) CS 17.020200/08/520936 4 Study on the Calculation of the APR LEGAL ACTS AND RELATED DOCUMENTS Directive 87/102/EEC Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, OJ L 42, 12 February 1987. Directive 90/88/EEC Council Directive 90/88/EEC of 22 February 1990 amending Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, OJ L 61, 10 March 1990. Directive 98/7/EC Directive 98/7/EC of the European Parliament and of the Council of 16 February 1998 amending Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, OJ L 101, 1 April 1998. Commission proposal of 2002 COM(2002) 443 final – Proposal for a Directive of the European Parliament and of the Council on the harmonisation of the laws, regulations and administrative provisions of the Member States concerning credit for consumers. Directive on Unfair Commercial Directive 2005/29/EC of the European Parliament and of the Council of 11 Practices (UCPD) May 2005 concerning unfair business‐to‐consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC and 2002/65 of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (Unfair Commercial Practices Directive), OJ L 149, 11 June 2005. Directive 2008/48/EC Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, OJ L 133, 22 May 2008. Directive 2011/90/EU Commission Directive 2011/90/EU of 14 November 2011 amending Part II of Annex I to Directive 2008/48/EC of the European Parliament and of the Council providing additional assumptions for the calculation of the annual percentage rate of charge, OJ L 296, 15 November 2011. Guidelines on the application of Guidelines on the application of Directive 2008/48/EC (Consumer Credit Directive 2008/48/EC Directive) in relation to costs and the Annual Percentage Rate of Charge, Brussels, 8.5.2012, SWD(2012) 128 final. CS 17.020200/08/520936 5 Study on the Calculation of the APR EXECUTIVE SUMMARY This report presents the work carried out and the results obtained under service contract number 17.020200/08/520936, aimed at conducting a study on the calculation of the Annual Percentage Rate of Charge (APR) for consumer credit agreements. The aim of the study was twofold. Firstly, to adapt the examples provided in the Proposal for a Directive on consumer credit adopted by the Commission in 2002 to the current regulatory framework given by Directive 2008/48/EC and the products marketed in the EU. Secondly, to provide the Comission with scientific elements about the calculation of the APR for consumer credit agreements, including explanations on the calculation method and the way the cost of the credit and anatocism are reflected in the APR, together with the analysis of the assumptions used for the calculation of the APR. In the context of this second objetive, the contract also stipulated the provision of answers to the questions of the Member States (MS) about APR and the attendance at workshops where the APR or the examples are broached. Dealing with the two objectives of the study requires adopting a broad perspective which covers the following three areas: the regulatory framework, the technical and financial aspects of the APR and the reality of the market for consumer credit agreements in the EU. This report presents an analysis of these areas with respect to the relevant aspects on the disclosure and calculation of the APR, it provides a new set of examples for the calculation of the APR and extends the possibilities of obtaning the APR on consumer credit agreements for all the interested parties by providing an Excel simulator for the calculation of the APR coherent with the Directives in force. Finally, a list of specialized terms is included. Release notes The original study of 2009 has been amended in 2013 to make it coherent with Directive 2011/90/EU, adopted in November 2011, and the Guidelines on the Application of Directive 2008/48/EC in Relation to Costs and the Annual Percentage Rate of Charge, published on May 2012. Directive 2011/90/EU introduced significant changes in the assumptions for the calculation of the APR amending Part I of Annex I of the Directive 2008/48/EC. The Guidelines clarify some particular aspects of the Total Cost of Credit (TCC) and the application of the assumptions for the calculation of the APR as amended by the Directive 2011/90/EC. They also address specific problems encountered by the MS when implementing Directive 2008/48/EC. The amendment of the study, carried out under service contract 17.020200/12/638501, has been significant and affected chapters 1, 3 and 4. Most of the changes are derived from the new assumptions for the calculation of the APR. They have motivated changes in the section of the study dealing with the assumptions themselves and have required a significant revision of the examples for the calculation of the APR because some of the examples previously provided became invalid and additional examples illustrating the application of the new assumptions were required; as a result, the number of examples has increased from 24 to 41. Also, step‐by‐ step explanations on how to solve the examples in the Excel simulator have been newly added. In relation to the Guidelines, the amendments have consisted in incorporating to the study those parts of the Guidelines relevant for the purposes of the study in a manner that is as close to the original as possible. In those cases where the Guidelens were too specific that might impair readability of the study and disrupt the flow of words, only references to parts of the CS 17.020200/08/520936 6 Study on the Calculation of the APR Guidelines have been made. Finally, chapter 4, devoted to the Excel simulator for the calculation of the APR, has changed for two reasons. First, because the changes in the assumptions and examples have implied changes on it. And second, because the description of the functioning of the simulator has been extended in order to provide examples which explain to the user the order and form of necessary manipulations on the simulator. Note that chapter 2, devoted to the analysis of credit markets in the European Union has not been updated and hence, the text describes the situation in the first quarter of 2009. This is advisable because the international financial and economic crisis has been contracting credit markets since 2008, reducing the variety of products and features far below usual levels. Thus, the situation of the market previous to the crisis is more relevant to ensure an ample coverage of products and features by the examples of calculation of the APR. THE APR IN THE EU LEGAL FRAMEWORK FOR CONSUMER CREDIT AGREEMENTS APR has been always present in the Community regulation of consumer credit agreements as an essential element of transparency in credit products. The objective of the APR is to provide a numerical and comparable representation of the cost of the credit to the consumer. Specifically, APR is defined as “the total cost of the credit to the consumer expressed as an annual percentage of the total amount of credit”. To meet this objective and to contribute to the creation of a single consumer credit market in the European Union (EU), the elements comprising the total cost of the credit to the consumer (TCC) and the method for calculating the APR should be uniformly defined throughout the EU in order to avoid the appearance of differences in APR which might distort the comparison of products of different credit providers. The changes in the law at EU level define the path followed to attain this result. In Directive 87/102/EEC, most of the decisions about the TCC and the method for calculating the APR were left to national legislation. Specifically, MS were allowed to determine the method used, no mathematical formula for the calculation of the APR was defined, and the elements to be included in the TCC were left to national legislation. The first amendment of this Directive, Directive 90/88/EEC, sought to harmonize these key aspects. A method for calculating the APR was introduced and a mathematical formula was defined, together with certain hypotheses for calculating the APR. The determination of the costs elements to be included in the APR was refined by eliminating the leeway of MS in the determination of the TCC and by introducing a list of exemptions from the TCC for the purpose of calculating the APR. However, as regards the formula, Directive 90/88/EEC allowed MS whose legislation was prior to the date of notification of the Directive (1 March 1990) to use their national formulas during a transitional period of three years, as for 1 January 1993. Directive 98/7/EC finally imposed the formula for the calculation of the APR to be used throughout the Community, allowing a transition period of 2 years (until March 2000) for its adoption by all the MS. However, the Directive did not solve the difficulties found in the application of the list of exemptions from the total cost of the credit, which translated into differences among MS in the treatment of costs for the calculation of the APR. This shortcoming, together with the development and spreading of new credit products and banking practices and the adoption of more stringent provisions than CS 17.020200/08/520936 7 Study on the Calculation of the APR those in the Directive by some MS, called for a new regulation that was finally adopted after a long negotiation process in spring 2008 under Directive 2008/48/EC. This Directive, unlike its predecessors, aims at full harmonisation of the regulation of key aspects of consumer credit agreements, thus promoting the reduction of barriers to cross‐border provision of consumer credit and a high, equivalent consumer protection throughout the EU. The changes introduced in the elements involved in the calculation of the APR by Directive 2008/48/EC are profuse and affect the scope of the regulation, the definition of the cost of the credit, and the conventions (or remarks) and assumptions used for the calculation of the APR. SCOPE OF THE DIRECTIVE (2008/48/EC) AND DISCLOSURE OF THE APR Specifically, under Directive 2008/48/EC, disclosure of APR at all the stages of the credit agreement (in advertising, at a pre‐contractual and at a contractual level) is a central point in the strategy of consumer protection. This requirement applies to all credit agreements not exempt from the scope of the Directive, with only a few exceptions. This Directive implies significant advances in respect to the information provided to the consumer. In this regard, it should be highlighted that when the APR is disclosed at the advertising or a pre‐contractual stage, it should be accompanied by a representative example, the purpose of which is to make the APR and the cost of the credit more understandable to the consumer. The representative example in advertising should be representative of the type of credit under consideration, in order to keep comparability of the offers of different creditors. As we move to the pre‐contractual stage, the Directive requires adapting the representative example to the information provided by the consumer. Finally, at a contractual level, the APR refers to the specific credit agreement concluded by the consumer. THE COST ELEMENTS TO BE INCLUDED IN THE APR As indicated, the determination of the cost of the credit is crucial for preserving comparability and the informative content of the APR. Directive 90/88/EEC eliminated the margin of freedom of MS provided by Directive 87/102/EEC by defining in Article 1 (d) the TCC as “all the costs, including interest and other charges, which the consumer has to pay for the credit", and introducing a list of exemptions from the TCC for the purpose of calculating the APR in Article 1a (2). However, this list, which not only included exemptions but also exemptions of exemptions, proved to be a source of difficulties. As a result, as reported by the study presented by Reifner in 1998 to the Commission1, a significant percentage (around 30%) of the costs faced by the consumers was not represented in the APR, with insurance premiums being the most relevant. Directive 98/7/EC did not deal with this issue, whereas Directive 2008/48/EC addresses this aspect in a profound revision of the provisions relative to the cost elements to include in the APR. 1 Reifner, U. (1998): Harmonisation of Cost Elements of the Annual Percentage Rate of Charge, Hamburg, project AO‐ 2600/97/000169. CS 17.020200/08/520936 8 Study on the Calculation of the APR In Directive 2008/48/EC, the TCC is defined in Article 3 (g) as: "all the costs, including interest, commissions, taxes and any other kind of fees which the consumer is required to pay in connection with the credit agreement and which are known to the creditor, except for notarial costs; costs in respect of ancillary services relating to the credit agreement, in particular insurance premiums, are also included if, in addition, the conclusion of a service contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed." According to this definition, the TCC comprises all the range of costs that the consumer has to pay in order to access the credit or to use it, which are known (or ascertainable) by the creditor, except for costs of a notarial nature. This is regardless of whether these costs they are payable to the creditor or a third party or whether they give access to financial or non‐financial services. As regards the cost of ancillary services, the inclusion condition is more restrictive (note the words "in addition" in Article 3 (g)), because, only if these ancillary services are compulsory (i.e., imposed by the creditor regardless of whether they are imposed on his behalf or on behalf of a third party) to obtain the credit or to obtain it on the conditions marketed, their costs have to be included in the cost of the credit. Finally, Article 19 also establishes the inclusion and exclusion of some costs from the TCC for the calculation of the APR. The exclusions, in the first paragraph of Article 19 (2) and in (3), refer to charges payable when the purchase is either paid by cash or credit and to charges for non‐compliance, early payment and similar charges, all of which are already considered in the previous Directive. The inclusions, in the second paragraph of Article 19 (2), refer to charges related to the maintenance of accounts recording payment transactions and drawdowns, the use of means of payment for payment transactions and drawdowns, and other costs related to payment transactions, which might be now included in the APR, regardless of their amount. THE CALCULATION OF THE APR Once the cost elements to include in the APR are known, the next step consists of calculating this rate. To this end, three elements are required: (i) a formula which establishes the exact relationships between the different elements to be taken into account, (ii) the necessary explanatory remarks about the formula, and (iii) a set of assumptions aimed at quantifying the elements involved in the formula. As mentioned, it was Directive 90/88/EEC which first introduced a method consisting of a mathematical formula. It also established some remarks on the formula and a series of assumptions aimed at determining unknown elements. Later, by Directive 98/7/EC, the application of the method was imposed throughout the Community, the remark regarding the measuring of time was extended and a new remark about the rounding of the APR was introduced. Afterwards, Directive 2008/48/EC introduced changes in remarks and, specially, in the assumptions. Finally, Directive 2011/90/EU modified some of these assumptions and added new ones. The study analyses and justifies the three elements (formula, remarks and assumptions), which appear in Directive 2008/48/EC in some points of the APR Article and in Annex I,as amended by Directive 2011/90/EU. CS 17.020200/08/520936 9
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