Activities of Cláudia MONTEIRO DE AGUIAR related to 2022/0358(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council Proposal for a Regulation of the European Parliament and of the Council on data collection and sharing relating to short-term accommodation rental services and amending Regulation (EU) 2018/1724
Amendments (30)
Amendment 58 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should apply to services consisting in the short-term letting of furnished accommodation, against remuneration, whether on a professional or non-professional basis. Short-term accommodation rental services can concern, for example, a room in a host’s primary residence with the host present, a host’s primary or secondary residence rented out for a limited number of days per year, or one or more properties bought by the host as an investment to be rented out on a short-term basis, typically for less than a year throughout the year, but always according to national laws. The provision of furnished accommodation for more permanent use, typically for one year or moremore than a year, should not be considered to be provided on short-term basis. Short-term accommodation rental services are not limited to units let for touristic or leisure purposes but should include short-term stays for other purposes, such as business or study.
Amendment 59 #
Proposal for a regulation
Recital 8
Recital 8
(8) The rules laid down in this Regulation should apply to online platforms within the meaning of Article 3 point (i) of Regulation (EU) 2022/2065 of the European Parliament and the Council27, which allow guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services. Therefore, webpages connecting hosts with guests without any further role in the conclusion of direct transactiItshould also apply to online short-term rental advertising platforms within the meaning of article 3, point (j), ofRegulation 2022 / 2065 of the European Parliament and the Council that display on their platform advertising ons should be excluded from the scope of thisRegulationrt- term rental services but do not conclude distance contracts. Online platforms intermediating the provision of short-term accommodation rental services without payment (for example, online platforms intermediating the exchange of dwellings) are not covered by these rules, given that only short-term accommodation rental services provided against remuneration are covered. _________________ 27 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), (OJ L 277, 27.10.22, p. 1).
Amendment 63 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure that competent authorities obtain the information and data they need, without imposing disproportionate burdens on online platforms and hosts, it is necessary to lay out a common approach to online registration procedures within Member States that is limited to basic information allowing the identification of the unit and the host. To that end, Member States should ensure that, upon the submission of all relevant information and documents, hosts and units are given a registration number. Hosts should be able to identify and authenticate themselves using electronic identification means issued under a notified electronic identity scheme pursuant to Regulation (EU) No 910/2014 of the European Parliament and of the Council28to complete those registration procedures. _________________ 28 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 69 #
Proposal for a regulation
Recital 16
Recital 16
(16) Article 31 of the Regulation (EU) 2022/2065 lays down certain due diligence requirements for providers of online platforms allowing consumers to conclude distance contracts with traders. Those requirements apply to online short-term rental platforms with respect to short-term accommodation rental services offered by hosts that qualify as traders. However, the short-term accommodation rental sector is characterised by the fact that hosts are often private individuals offering short- term accommodation rental services on an occasional peer-to-peer basis, who do not necessarily meet the conditions to be categorised as ‘traders’ under Union law. Therefore, in line with the concept and objective of ‘compliance by design’ under Article 31 of Regulation (EU) 2022/2065, and in order to enable competent authorities to verify whether applicable registration obligations are complied with, it is appropriate to apply specific conditions for compliance by design in the context of short-term accommodation rental services, including those offered by hosts that do not qualify as traders pursuant to Union law. Online short-term rental platforms should ensure that services are not offered where no registration number has been provided, in cases where a host declares that such a registration number applies, where there is no exemption from the registration obligation. This should not amount to an obligation for online short- term rental platforms to generally monitor the services offered by hosts through their platform, nor to a general fact-finding obligation aimed at assessing the accuracy of the registration number prior to the publication of the offer of short-term accommodation rental services.
Amendment 73 #
Proposal for a regulation
Recital 18
Recital 18
(18) Competent authorities that wish to receive from online short-term rental platforms information about hosts’ activities and have registration systems in place should be able to obtain activity data from online platforms on a regular basis. The type of data that may be obtained should be fully harmonised and include information on the number of nights for which a registered unit has been rented, the number of guests that stayed in the unitthe unit was rented for per night, the registration number and the URL of the listing of the unit, which is needed in order to facilitate the identification of the host and the unit offered for short-term accommodation rental services in cases where the registration number is missing or incorrect. Only online platforms that have effectively facilitated the conclusion of direct transactions between hosts and guests are covered by the obligation to provide the activity data, the registration number and the URL of the listing of the unit, as only those platforms are in a position to collect data, such as on the number of nights for which a unit is rented and the number of guests that stayed in the unit per night. Member States should not maintain or introduce measures that require platforms to report on short-term accommodation rental service providers and their activities diverging from those laid down in this Regulation, unless otherwise provided under Union law.
Amendment 75 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Single Digital Entry Points should facilitate the ability of online short- term rental platforms to randomly check the validity of a registration number or the accuracy of self-declarations, in order to reduce errors and inconsistencies as regards data transmission and to ease their compliance burden. The Single Digital Entry Point should, while not requiring the actual storage of the registration number, allow the performance of random checks either automatically by means of Application Programming Interface allowing the verification of a registration number against the given entries in the registry of the individual registration procedures in a Member State connected to the Single Digital Entry Point or manually, for example, by entering a registration number in an online interface and receiving a confirmation on its validityexistence. Online short- term rental platforms should be free to perform additional checks through the Single Digital Entry Point. Member States should continue enforcing registration obligations using the tools already available to them.
Amendment 76 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
Amendment 77 #
Proposal for a regulation
Recital 25
Recital 25
(25) Alignment should be ensured between the various registries in a Member State as well as their interoperability with the Single Digital Entry Point in order to remove semantic and technical barriers to data sharing and to ensure more effective and efficient administrative procedures. The entities in charge of creating the Single Digital Entry Points at national level and the Commission should facilitate implementation at national level and cooperation between Member States. Before adopting implementing acts, laying down common technical specifications and procedures for interoperability, the Commission shall establish technical discussions with platforms and Member States.
Amendment 81 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should provide the necessary information available on national websites, in a clear manner, to allow public authorities, online short-term rental platforms, hosts and citizens to understand the laws, procedures and requirements relating to the provision of short-term accommodation rental services within their territory. Those include registration procedures as well as any requirements concerning access to, and the provision of, short-term accommodation rental services.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to providers of online short-term rental platforms and online short-term rental advertising platforms that offer services to hosts providing short-term accommodation rental services in the Union, irrespective of their place of establishment.
Amendment 88 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘active hosts’ means hosts who have at least one unit listed during a period of 1 month in the reporting period and having booked at least once during the period of reference on an online short-term rental platform;
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘activity data’ means the number of nights for which a unit is rented and the number of guests that stayed in the unitthe unit was rented for per night;
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12a) online short-term rental advertising platform: means a service within the meaning of article 3, point (j), of Regulation 2022 / 2065 that displays on their platform advertising on short-term rental services but does not conclude distance contracts;
Amendment 101 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) registration procedures, which are proportionate, non-discriminatory and justified, operate on the basis of declarations made by hosts;
Amendment 102 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) registration procedures allow for the online, automatic and immediate issue of a registration number for a specific unit upon the submission by the host of the information referred to in Article 5(1) and, where appropriate, any supporting documentation required pursuant to Article 5(2);
Amendment 104 #
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
(g) hosts are required, when offering their short-term accommodation rental services via an online short-term rental platform or an online short-term rental advertising platform, to declare whether the unit offered is located in an area where a registration procedure has been established or applies and, if so, to provide the registration number.
Amendment 121 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States may require that the information submitted pursuant to paragraph 1 is accompanied by appropriate online supporting documentation.
Amendment 123 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Hosts shall be responsible for the accuracy of the information that they provide to competent authorities pursuant to this Article, and of the information that they provide to online short-term rental platforms pursuant to Article 7 of this Regulation and to online short-term rental advertising platforms pursuant to article 7 (a) and (b) of present Regulation.
Amendment 125 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities may, at any time after issuing a registration number, verify the declaration and any supporting documentation submitted by a host pursuant to Article 5(1) and 5(2), including the existence of exemptions from the registration obligation.
Amendment 129 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where a host fails to rectify the requested information pursuant to paragraph 2, the competent authority shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and online short-term advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 131 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where a competent authority, after verification pursuant to paragraph 1, finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation submitted pursuant to Article 5(1) and 5(2), it shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and online short-term rental advertising platform to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 135 #
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) clear information enabling the provider of the online short-term rental platform and the provider of the online short-term rental advertising platform to identify and locate the listing or listings concerned, such as one or more exact uniform resource locators (URL) and the identity of the competent authority;
Amendment 136 #
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
(c) the identity of the host andregistration number of the unit offered for short-term accommodation rental services.
Amendment 152 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) make reasonable efforts to randomly check the declaration of the hosts concerning the existence or not of a registration procedure, taking into account the list made available pursuant to Article 13(1), point (a), and, where such a procedure exists, the validity of the registration number provided by the host, including through the use of the functionalities offered by the Single Digital Entry Points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host.
Amendment 155 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Online short-term rental platforms shall inform without delay the competent authorities and the hosts of the results of the random checks referred to in paragraph 1, point (c), concerning incorrectllegal declarations of hosts or invalid registration numbers.
Amendment 157 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 (new)
Article 7 – paragraph 3 – subparagraph 1 (new)
Amendment 161 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) facilitate random checks by online short-term rental platforms pursuant to Article 7(1), point (c) of the validityexistence of registration numbers provided by hosts;
Amendment 163 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 (new)
Article 10 – paragraph 5 – subparagraph 1 (new)
6. The Commission shall organise regular technical discussions with online short- term rental platforms and Member States to ensure a proper functioning of the Single Digital Entry Point and facilitate the exchange of best practices, including an Application Programming Interface.
Amendment 164 #
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) assist the Commission in promoting the use of interoperability solutions and automated checks for the functioning of the Single Digital Entry Points and the exchange of data;
Amendment 177 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
It shall apply from [OP please insert date = 12 months after the date of entry into force of this Regulation]. However, article 7 and 9 shall apply from [ OP please insert date = 24 months after the date of entry into force of this Regulation].