CCD II Transposition

The CCD II Transposition Working Group

As part of our ongoing efforts to successfully transpose the Consumer Credit Directive II (CCDII) into the national frameworks, we are proud to announce the establishment of the CCDII Transposition Working Group.

Mission and vision

  • Ensure a smooth and effective transposition of the CCDII in the participant’s countries, and especially art. 36 of CCDII and shape the future of debt advisory.
  • Engage with policymakers to ensure that national laws align with the CCDII and advocate for additional measures to establish stable debt advisory; provide recommendations and participate in consultations.

Objectives and goals

  • Empower and prepare members for the legislation time to establish in countries of our participants stable and sustainable debt counseling
  • Collaboration and Networking: exchange of good practices and materials regarding the initiatives for the transposition of the CCD II
  • Monitoring and reporting: monitor changes in the national legal framework due to CCDII

ECDN CCDII Working Group - 3rd Meeting, 22 October 2024, 10am (CET)

Progress statements from different countries about CCDII and debt advisory situation

Currently, nothing is happening in Bulgaria with CCDII. The discussion on the implementation of the directive on consumer bankruptcy has begun. Representatives of the non-governmental organization Temida 18.10/2024 submitted comments and proposals for improvements to the Law on Insolvency of Individuals to the National Assembly.

Nothing new has happened on the CCDII topic since the last meeting.

In Germany, there is no draft law implementing the directive, nor even the assumptions for the draft has yet appeared. Currently, BAG - Bundesarbeitsgemeinschaft Schuldnerberatung in cooperation with the AG SBV, the working group of welfare associations that are active in debt counseling, is working on preparing a position paper in the scope of CCDII.

The Ministry of Justice is responsible for the transposition of CCDII, but there are no indications that anything relevant is happening at the moment. The next elections are planned in 1.5 years. Currently, the authorities are deaf to the attempts of third-sector organizations to contact them on the subject of CCDII implementation.

There are no indications that anything relevant is happening at the moment.

Due to the December elections, nothing is happening in Romania with CCDII. Everyone is waiting for the elections and all offices will be filled again in January.

In Spain, in September, the Ministry of Economy released a Questionnaire on the implementation of the directive for public consultation. Carlos Javier Zarco Pleguezuelos & European Consumer Debt Network submitted a response to the questionnaire on October 4.

There is no new information about the implementation of CCDII in Sweden. Currently, an evaluation of the current system of counseling in the municipalities is underway.

There is an ongoing discussion and projects related to the cooperation of counselors with primary care doctors in the development of their medical skills in working with debtors.

ECDN CCDII Working Group - 2nd Meeting, 25 September 2024, 10am (CET)

Progress statements from different countries about CCDII and debt advisory situation

The political situation in Bulgaria is unstable. 95% of European funds are unspent. Not much is happening. Unfortunately, to this day, the bankruptcy procedures are not available for consumers in Bulgaria. There was a project of the act prepared by financial institutions, i.e. entities that do not care about consumers. There has been no elected Ombudsman for 7 months. All this is unclear and unstable.

In Croatia not much is happening in terms of the new directive. The Ministry of Finance is responsible for debt advisory. The topic will be raise on the next meeting of the Operation Committee for Financial Literacy.

The Ministry of Economy has a call to consumer organizations and part of this is financial advice and counselling (not really debt advise). In March, the results of this call will be published.

The situation in France is strange, because for three months they have not had a government, and now there is a government. The Ministry of Finance, which is responsible for implementing the directive, only contacted credit institutions, and not consumer organizations.

  • In France, there are two options for proceeding with the directive:
    a draft, to which the parliament can say yes or no, but without amendments;
  • regular law.

Looking at the current political situation, using the first procedure will not be possible, but that is good because then we can propose changes. Then, it will really become a law for the consumer. If it is only about the transposition, it will only go through the parliament. Regarding the article 36, that there is still an ongoing discussion about what independence means. It is expected that the law will be voted next summer.

In Germany there are about 1,500 debt advisory centers in Germany, but they usually have only one person + one person part-time for administrative matters. On paper, the German situation looks good, but in reality, there are long waiting lists to receive advice, among other things. The intention of the directive was to give Germany a chance to develop advisory services, but the Ministry believes that the services are fine.

There is a discussion in many bodies regarding CCDII, but there is no draft law for implementing the directive yet. Topics discussed include: the construction of paragraphs regarding debt advise, which means that advice should be free for everyone, which is what quality advice means.

The 3rd meeting of the working group dealing with the transposition of the directive is taking place in Greece at September 26. Up to this point, it has observed that the Minister wants to give consumers as many rights as the directive gives him. The first two meetings of the group gave a positive impression that both consumer organizations and financial institutions are trying to organize consumer protection. Greece is a positive example of a country where there is a committee and work is underway on the directive.

Probably, in Hungary, it will be as usual with directives that will be accepted on paper, but will not be actually enforced. The Ministry of Justice is responsible for the transposition of CCDII, but there are no indications that anything relevant is happening at the moment. There will probably be a big political change in the National bank and there may be room for a change of attitude.

Although the political situation in Italy is stable, nothing is happening with the transposition. On November 5, there will be a national meeting of the organization (OCC) in Rome, where the topic of the transposition will be raised. Also, during the meeting, the development of psychosocial support for debtors will be discussed.

There are no additional steps with the transposition of the CCDII, probably because everyone is focused on the Directive 2021/2167 on credit services, credit purchasers, and NPL. Politicians and lawyers in Italy are focused on very important changes in bankruptcy law, and no one is dealing with advice for debtors.

During the summer everything stopped and nothing happened in terms of the directive. Work on the directive was divided. A part was assigned to the Consumer Authority and the other part, concerning financial institutions, went to the Financial Service Authority. The Debt Advisory part went to the Ministry for Social Policy and Children’s Rights. In conclusion, this directive is not a priority at the moment. In Malta, there are preparations for the elections.

In Poland, The Office of Consumer Protection and Competition is responsible for the transposition of the directive. There are no indications that anything relevant is happening at the moment.

The official consumer protection body in Portugal is responsible for the transposition of the directive CCDII. They passed the information that it is progressing as expected.

Due to the December elections, nothing is happening in Romania with CCDII

In 2024, 46 debt advisory centers are being operated, consisting of lawyers, economists, and psychologists (a total of 184 people). Since January 1, 2024, they have dealt with 11,000 clients, with an average of 1,250 per month. They have accompanied about 8,000 clients and supported them and their families.

Changes are being prepared in the counselling system starting on January 1, 2025, where offices will expand their services to support families, domestic violence and support for people with disabilities. Currently, recruitment has started for over 270 new positions: psychologists, lawyers and social workers. They are now at the stage of preparing training programs and organizational procedures. At the moment, the priority is consolidation. Due to the changes, there expected an increase in demand for counselling by about 10%.

A few days ago the first draft of the questionnarie about transposition of CCDII from the Ministry of Economics was released. The questionnaire has only 12 pages, and the Ministry gave only 15 days to send comments on the draft (the deadline is October 4th). Regarding the debt advisory services the document focused only what small fees mean. There are more questions regarding the advisory services. There was a concern that the system of debt advisory would rely on voluntary advice.

There is no working group in Sweden dealing with the transposition of the CCDII. However, financial institutions and collection companies will have a difficult time with new government.

The municipalities throughout Sweden have debt advisors, but people who are covered by debt settlement do not have legal representation, as is the case in Denmark. In Sweden, 20% of people covered by debt settlement have a psychiatric diagnosis. It is not fair for people with disorders to represent themselves in court and before creditors.

It was also mentioned that people working with debtors must have medical competences, because many debtors have diagnoses.

In one of the municipalites, a project is being implemented concerning cooperation between family doctors and debt advisors. The aim of the project is for doctors to refer to debt advisors and vice versa. It is very important to find people with debts as soon as possible, to increase their care and reduce the risk of suicide. The cross-professional networks is very important.

Meet the members

DIETER KORCZAK

GP-Forschungsgruppe

Brief Biography:

President of the ECDN,
Lead coordination of the PEPPI project in 13 EU Member States;
Member of the Financial Services User Group (FSUG) of the EU;
Diploma in Economics, University of Cologne; PhD in Sociology, University of Cologne;

Author and editor of many books and scientific articles about over-indebtedness, debt advice, and financial education

Motivation statement:

“I want to effectively support the transposition of CCD II in the EU member states”

WILLY PIERRE ABBAL

Temida Foundation

Brief Biography:

Founder of the NGO Temida and leader in many financial Literacy Initiatives.
Experienced in the banking and insurance sectors across multiple countries.
Consultant in digital transformation, project manager in many methodologies: Agile, Scrum Master, Lean Six Sigma, and Kaizen),
Diploma in International Economic Relations from the University of Konstanz and Applied Studies focusing on Eastern Europe from Paris X University

Motivation statement:

“Joining the CCD II Working Group is an opportunity for me to contribute to a cause I am deeply passionate about. I am committed to using my expertise and experience to support the successful implementation of the new credit directive, ultimately enhancing consumer protection and financial literacy throughout Europe.”

CARLOS JAVIER ZARCO PLEGUEZUELOS

ZARCO-Law Firm

Brief Biography:

  • Practising Lawyer (since 1989). Advice and litigation.
  • Former member of CRF-Net, FIN-USE & FSUG)
  • Insolvency Practitioner – a specialist in Insolvency and Corporate Law, Digital Law, Legaltech, Finreg, Cryptoassets, Data Protection, and Master on AI.
  • Member of the Insolvency Practitioner´s Board at the Alicante Bar (ICALI)
  • Chair of the Consumer Law Section Board at the Alicante Bar (ICALI)
  • Former Head of Consumer Protection at the EBA (European Banking Authority).
  • Lecturer: Alicante University (Banking System & Financial Markets), and in Alicante Bar,
  • Chair of METABOGACIA (Lawyer´s Cooperative specializing in digital tools for lawyers);
  • National Coordinator on PEPPI Project (ECDN) for Spain

Motivation statement:

“It is a pleasure and an honor for me, to collaborate with ECDN on the CCDII Working Group, where I´ll do my best in order to monitor the developments regarding the Spanish Transposition Act, implementing CCD II, and reporting to the working group about it.“

Josef Hudak

Ustredie Prace, Socialnych Veci a Rodiny (Center for Work, Social Affairs and Family)

Area of expertise relevant to the working group:

Bankruptcy trustee, a specialist in economic policy, competitiveness, and economic development.

Brief Biography:

Leader of the project Free Debt Counseling
Manager of the regional consultancies services
Currently focus on developing the system of holistic family counseling in Slovakia

Chairman of the Board of Directors, Chairman of the Supervisory Board, and Chairman of the Management Board of multiple financial companies and investment funds.

Vision for the future:

To secure continued state budget funding for NP BDP as an independent entity. Starting from January 1, 2025, the NP BDP will strategically broaden its scope to provide social services for families in financial distress, with additional support for those facing bullying and individuals with mobility issues.

LUCA RIZZITANO

DIRITTI DEL DEBITORE

Area of expertise relevant to the working group:

Debt restructuring prevention and composition of the financial crisis, Management of crisis composition agencies

Brief Biography:

  • Civil lawyer of the Palermo Court;
  • Representative of the crisis settlement body “The Debtor’s Rights – Social Secretariat of the Municipality of Palermo”;
  • External relation and legal manager in Diritti del Debitore, Expert in the organization and functional implementation of OCCs;
  • Lecturer in private universities, in university master’s courses on the management and composition of the over-indebtedness crisis of private individuals and businesses;
  • General coordinator and General Management Consultant in Italian corporate and associative realities regarding the management of pathological indebtedness.

Motivation statement:

“I want to export and share Italian best practices and the system of crisis management bodies.“

HELENA HOLLAND

Ministry of Social Policy and Children’s Rights in Malta

Area of expertise relevant to the working group:

Financial literacy, debt in the local context, ESF project, debt & financial capability, domestic violence, and animal rights.

Brief Biography:

Director for Pension Strategy within the Strategy and Implementation Division of the Ministry for Social Policy and Children’s Rights of Malta
ĠEMMA team leader from November 2021 when the Financial Capability initiative operated under the office of the Permanent Secretary of the Ministry.
Formerly the Assistant Director to the Director General of Social Security.

Helena graduated in Communications, with a Master’s in Gender Studies. She has worked in different social areas including domestic violence and poverty, both in the administration and implementation side. She has also worked in the EU Funds sector both for local regulatory bodies as well as leading projects for Ministries.

MALWINA SILVA DA MOTA

STOWARZYSZENIE KRZEWIENIA EDUKACJI FINANSOWEJ (SKEF)

Area of expertise relevant to the working group:

Debt restructuring, Debt Counseling, Consumer bankruptcy

Brief Biography:

Lawyer, debt counselor, and coach in many financial literacy programs
Training and Project Coordinator – Financial and Consumer Advice Specialist in SKEF
Office Coordinator in ECDN since 2024

Motivation statement:

“I believe that by working together we can find better solutions to build a regional debt advisory system that meets the different needs of consumers. Sharing experiences and progress is especially important for countries that do not have established debt advisory traditions and where assistance to people in debt is still fragmentary.”

SALLY PETERS

INSTITUT FÜR FINANZDIENSTLEISTUNGEN E.V. (IFF) / INSTITUTE FOR RESPONSIBLE FINANCE

Area of expertise relevant to the working group:

Debt Counseling, over-indebtedness, poverty, financial consumer protection

Brief Biography:

Managing Director of iff [a non-profit research institute]. She researches and advises on over-indebtedness, poverty, and financial consumer protection;
Debt counselor with several years of experience
She graduated from social work at HAW Hamburg. She also completed her doctorate in social work at the University of Hamburg in 2018. Her dissertation deals with poverty and over-indebtedness among young
adults.

Motivation statement:

“An important aspect of the Consumer Credit Directive is protection against over-indebtedness. By working on this directive, we can help to develop preventative measures that prevent consumers from becoming financially over-indebted”

PAULINE DUJARDIN

FEDERATION FRANCAISE DES ASSOCIATION CRESUS (hereinafter referred to as Cresus)

Area of expertise relevant to the working group:

Lawyer of an NGO in France, which supports households in overindebtedness.
Cresus is in relation with the French institutions among others: the Ministry of Economy, and Central Bank about the transposition of the CCDII

Brief Biography:

Legal counselor of the federation of the 30 associations of CRESUS in France. As a federal counselor, Pauline works mainly in the field of advising and training about the legal aspects for the volunteers
who work at CRESUS such as lobbying for legislation.

Vice-President of the ECDN

Motivation statement:

“Exchange with other NGOs about the transposition will improve our activity and lobbying in France by knowing the different ways of understanding and transposing the directive”

DAVID ŠMEJKAL

DEBT ADVISORY CENTER - COUNSELING IN STRINGENCY

Area of expertise relevant to the working group:

Debt advice

Brief Biography:

Director of the Debt Advisory Center since 2008, Public Benefit Organization;
From 1997 to 2008 SOS – Consumer Defence Association, project leadership, chairman

JOZSEF MESZAROS

COGNATIVE LTD.

Brief Biography:

  • Obtained his first degree as a psychologist and then as a psychology teacher. Later, he received a business degree (Master of Business Administration) and graduated as a quality assurance engineer.
  • Personnel selection expert and market researcher. In the last decade, he researched social issues, mainly on academic projects.
  • Project management skills proven by more than 1000 successful projects in the past 30 years.
  • PEPPI Coordinator and ECDN representative in Hungary, where he succeeded in uncovering some of the causes and sources of the over-indebtedness of the Hungarian population and the peculiarities and insufficient functioning of Hungarian institutions.

Motivation statement:

“The main motivation for my work at ECDN was my belief in the social utility of my work. Here again, I hope to contribute to the public good in a number of ways by adopting and sharing financial education, financial awareness, and good practices through the use of consumer financial rights as a framework.”

ANASTASIOS KOKOUGIANNIS

EKPIZO

Brief Biography:

Lawyer with experience of over 10 years in consumer law, especially succeeded in regulating their debts in court by using the Greek insolvency law.

  • trainee lawyer in EKPIZO from 2012
  • 2014 -2015 consumer advisor in “Consumers Legal Support Office” in the Municipality of Agios Dimitrios (a municipality in the metropolitan area of Attiki – Athens)
  • 2018 attended the EU training programme in Consumer Law for SME : “Consumer Law Ready”
  • 2020 participated in “Train-the-trainer”, a European Commission online training program for the improvement of the quality of debt-advice services for European households
  • 2022-2023 national coordinator for Greece in the ECDN program “PEPPI”, co-funded by the European Union

Motivation statement:

“I think that sharing experience, knowledge, and best practices with the other members of the group will help all participants propose and advocate in front of their national authorities order to reach the best possible outcome concerning the transposition of the CCDII.”

JACEK SKOCZEK

STOWARZYSZENIE KRZEWIENIA EDUKACJI FINANSOWEJ (SKEF)

Brief Biography:

  • lawyer specializing in cooperative and financial law
  • author of publications on credit unions and financial market supervision
  • PhD in civil law
  • experienced in the implementation of several acts (eg. Payment Services Act, Credit Union Act
    Consumer Bankruptcy Act) in the Polish Parliament

Motivation statement:

“I would like to share my experience with the Polish legislation system and how the implementation of acts works in the Polish parliament. Also, I would like to learn how this process works in different countries.”

FREDRIK TJULANDER

Individual member of ECDN, Associated Independent & Region Skåne Health Care

Area of expertise relevant to the working group:

Life and health risks and suicide prevention, in connection with over-indebtedness.

Brief Biography:

  • registered Nurse in the Psychiatric Intensive Care Unit, and Head Supervisor for students at the Psychiatric Clinic, in the University Hospital of the Region of Skåne
  • project manager, advisor, and convener – cooperation between Authorities, municipalities (Debt Advisors), and Healthcare. Experienced in project managing in primary care in developing cross-professional care flows with healthcare and municipalities, followed up and evaluated, with health economic models
  • lobbyist for the embracement of over-indebted and their relative
  • speaker in the field of interprofessional care for the over-indebted
  • participating in media, such as television, research magazines, morning papers, radio, and tabloids, in the matters of over-indebtedness and its consequences and solutions

Motivation statement:

“I will contribute with the importance of psychosocial factors, in the matters of over-indebtedness. We need to put the profits of the financial market and the importance of its regulation, in proportion to the life and health risks and the incidence of suicide that are associated. Also in Health Economic losses and societal costs. If we don´t count these factors in and adapt.”

BEATA ŚWIECKA

Individual member of ECDN since 2011, Associate Professor of Economics at the University of Szczecin

Area of expertise relevant to the working group:

Credit industry and consumer credit in Poland, consumer overindebtedness and insolvency; financial education and literacy as preventive measures, personal finance, households’ debt decisions, behavioral finance, and cashless payments.

Brief Biography:

  • expert Horizon Europa
  • member of the Finance and Banking Association, and ambassador of the Polish National Bank
  • lecturer of courses in personal finance
  • awarded – the prize Amicus Scientae at Veritatis by the Polish prestigious organization – Polish Economic Association; the Rector of the University of Szczecin Award for achievements in science and teaching; eDukat award by the Foundation for the Development of Cashless Payments for outstanding achievements in the cashless payments industry; the Dean’s Award for the scientific publication “Contemporary Problems of Personal Finance”; a Pearl from the Institute of Economics and Finance Director
  • populator of knowledge of personal finance and avoids over-indebtedness on the radio
  • authorizes over a dozen books and over 120 scientific articles, including financial education, financial literacy, debt, and consumer insolvency
  • co-author of the books: “Financial Literacy and Financial Education. Theory and Survey”, (Gruyter 2019, with Dieter Korczak et al.) and “Households Bankruptcy. Economic and social perspective.”

Motivation statement:

“I would like to give add value to avoid consumer and overindebtedness across the EU countries.”

CHARLOTTE BISCHOFF

BUNDESARBEITSGEMEINSCHAFT SCHULDNERBERATUNG (BAG-SB)

Brief Biography:

  • specialist in the team positions, responsible for preparing legal opinions, monitoring current political developments, as well as networking and collaborating with various working groups
  • extensive experience in direct debt counseling, including work in correctional facilities supporting individuals with financial difficulties
  • experience in financial education initiatives and implementation of prevention programs to improve financial literacy and avoid over-indebtedness
  • gained international exchange experience through participation in European networks like FEANTSA

Motivation statement:

“I am interested in working within a European association and believe that we all can benefit from exchanges. I would like to contribute by bringing professional and country-specific perspectives to the group to ensure that we consider national nuances while working towards common European goals.”

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