Scope of application

The Guidelines apply to all credit servicers of a creditor’s right under a non-performing credit agreement, or of the non-performing credit agreement itself, issued by a credit institution established in the Union. On the contrary, the Guidelines do not apply to entities listed in Article 2(5)(a) of Directive (EU) 2021/2167.

The Guidelines apply with regard to the assessment of the adequate knowledge and experience of credit servicers’ management or administrative organ, as a whole, to conduct the business in a competent and responsible manner under Article 5(1)(c) of Directive (EU) 2021/2167. Where the organ consists of a management and a supervisory function, the Guidelines apply to both functions.

Credit servicers should comply with the Guidelines. Competent authorities should ensure that credit servicers comply with these Guidelines.