section 1 of the effective interest rate under the consumer credit Act
(2010:1846) shall be calculated in accordance with the mathematical formula
as specified in part I of annex I to the directive of the European Parliament and of
Council Directive 2008/48/EC of 23 april 2008 on the
consumer credit contracts and repealing Council directive
87/102/EC.
section 2 For the calculation of the annual percentage rate of charge shall
the cost of credit. When the cost of credit is determined under
This clause should not be included as such fees shall
be paid by the consumer due to an obligation under the
the credit agreement has not been fulfilled. At the credit purchase will not
Moreover, such fees will be included which would have been levied even
If the good or service had been paid in cash. As part of the
the cost of credit to be considered costs for the management of a
account for the registration of drawn credit and made
payments, charges for using a means of payment
tied to the account, as well as other costs for payments
over the account, unless it is volunteered to open the account and
costs clearly and separately stated in the credit agreement or in
any other agreement concluded with the consumer.
Regulation (2013:767).
§ 3 when calculating the effective interest rate, it is assumed that
credit contract is valid for the period agreed and that the
the Contracting Parties to fulfil their obligations under the terms and
at the times specified in the credit agreement.
If the credit agreement containing clauses allowing variations of
the borrowing rate or fees, which could not be foreseen when the
effective interest rate is calculated, credit rates and fees
is assumed to be fixed and apply until the credit agreement expires.
In addition to the assumptions taken into account specified in part II of
Annex I to Directive 2008/48/EC
of 23 april 2008 on credit agreements for consumers and repealing
Council Directive 87/102/EEC, as amended by Commission
Directive 90/EU. In taking account of the assumptions referred to in
account credit only a credit in the form of an explicit
credit agreement whereby a creditor gives a consumer
access to funds which exceed the current balance in the
the consumer's account. Regulation (2012:615).