CHAPTER 14 FINAL PROVISIONS

consumers may not waive the rights conferred on them by national law transposing this Directive;

the measures they adopt in transposing this Directive cannot be circumvented in a way which could lead to consumers losing the protection granted by this Directive as a result of the way in which agreements are formulated, in particular by integrating credit agreements falling within the scope of this Directive into credit agreements the character or purpose of which would make it possible to avoid the application of those measures.

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

an analysis of other pre-contractual disclosures;

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

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

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

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

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

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

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

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;

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

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.

The second subparagraph of Article 13(1) is replaced by the following:

‘Where the Commission adopts a regulatory technical standard which is the same as the draft regulatory technical standard submitted by the Authority, the period during which the European Parliament and the Council may object shall be 1 month from the date of notification. At the initiative of the European Parliament or the Council that period shall be extended for an initial period of 1 month and shall be extendable for a further period of 1 month.’

The second subparagraph of Article 17(2) is replaced by the following:

‘Without prejudice to the powers laid down in Article 35, the competent authority shall, without delay, provide the Authority with all information which the Authority considers necessary for its investigation including as to how the acts referred to in Article 1(2) are applied in accordance with Union law.’