Activities of Isabel GARCÍA MUÑOZ related to 2022/0358(COD)
Plenary speeches (1)
Data collection and sharing relating to short-term accommodation rental services (debate)
Amendments (21)
Amendment 52 #
Proposal for a regulation
Recital 3
Recital 3
(3) To that end, harmonised rules on data generation and data sharing for short- term accommodation rental services should be laid down to increase access to and quality of data for public authorities on the provision of short-term accommodation rental services, which in turn should enable them to design and implement policies on such services in an effective and proportionate manner. This implies maintaining opportunities for platforms while respecting public policy objectives like available and affordable housing and protecting urban centres and rural areas, especially when economic conditions in Europe are deteriorating. Short-term accommodation rental services via platforms and their impact shall not undermine the high acceptance of tourism in Europe's regions and cities and degrade the liveability of neighbourhoods. They should respect local communities and promote sustainability from an ecological and socioeconomic point of view.
Amendment 61 #
Proposal for a regulation
Recital 9
Recital 9
(9) Registration procedures enable competent authorities to collect information on hosts and units relating to short-term accommodation rental services. The registration number, which is a unique identifier of a unit rented, should ensure that the data collected and shared by platforms can be properly attributed to hosts and units. It should therefore be for competent authorities, where they wish to receive data from providers of online short- term rental platforms, to put in place or maintain registration procedures for hosts and their units, either at national, regional or local level. The registration procedure by virtue of this Regulation is understood without prejudice to other possible information obligations, for example in the fields of taxation, population census and statistics.
Amendment 68 #
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. This should not amount to an obligation for onlinelead to short-term rental online platforms to generally monitmaking every possible effort 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 serviceo assess whether the unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established, for example, by using the list provided pursuant to Article 13(1)(a). This evaluation could be done through the use of automated means.
Amendment 71 #
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 unitfor which the unit was rented per night, the registration number and, the URL of the listing of the unit, which is needed in order to facilitate and the address of the unit, including the exact number of the apartment, which is needed for 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 74 #
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 validity. 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 80 #
Proposal for a regulation
Recital 27
Recital 27
(27) Aggregated dData sets based on the available activity data, would also be important for the compilation of official statistics. Those data, together with information on the total number of units and on the maximum number of guests that the unit can accommodate in each geographical subdivision, should be transmitted to national statistical offices and Eurostat every month for the purposes of compiling statistics in line with the requirements applicable to other service providers in the accommodation sector as laid in Regulation 692/2011 concerning European statistics on tourism. Member States should designate the national entity responsible for aggregating data and transmitting it. Competent authorities should also be able to share activity data, without any data that could enable the identification of individual units or hosts, such as registration numbers and URLs, with entities and persons when this is needed to carry out scientific research or analytical activities as well as to produce new business models and services. Under the same conditions, activity data could be made available via sectorial data spaces, when established.
Amendment 85 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) national, regional or local rules regulating the development or use of land, town and country planning or building standards and the law on housing or horizontal property;
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) technical means are in place to assess the validity of registration numbers for which a common structure of registration numbers will be established as envisaged in Article 11;
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that hosts are aoble to requiged, when offering their short-term rental servicest that the information or documentation provided pursuant to Article 5(1) and (2) can be re- used for the purposes of subsequentrough an online platform, to provide the registration number to the online short- term rental platform if the offered unit is subject to a registrations procedure.
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4
Article 5 – paragraph 1 – point a – point 4
(4) the maximum number of guests that the unit can accommodate; , expressly mentioning the number of people authorised to accommodate in the rental unit in accordance with the requirements set by the competent authorities in the matter;
Amendment 114 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
Article 5 – paragraph 1 – point a – point 4 a (new)
(4a) whether the unit is subject to authorisation from the competent authorities to offer short-term rental accommodation services and, if so, whether the host has obtained such authorisation;
Amendment 120 #
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 supporting documentation. With respect to the information referred to in point 5 of subparagraph (a) of paragraph 1, where the host declares that the unit is subject to authorisation, or where the other information referred to in paragraph 1 allows the determination that an authorisation requirement applies, Member States may request a copy of, or reference to, the authorisation.
Amendment 137 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. The competent authority in the event of non-compliance of the orders issued pursuant to paragraphs 3, 4 and 5, may apply the penalty system they have defined or they define in their rules to online short-term rental platforms.
Amendment 144 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) design and organis, organise and continuously update their online interface in a way that requires hosts to self-declare whetentering the registration number is mandatory in cases where the unit offered for short-term accommodation rental servicesaddress of a specific unit is located in an area where a registration procedure has been established or applies; according to Art.13 (1).
Amendment 147 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) where the host declares that the unit offered for short- term accommodation rental services is located in an area where a registration procedure has been established or applies, design and organise their online interface in a way that enablesmakes it mandatory for hosts to let users identify the unit through a registration number, and to ensure that hosts have provided a registration number prior to allowing the offering of the short- term accommodation rental services with respect to that unit;
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) make reasonable efforts to randomly check the declarationcheck the listings ofn the hostplatforms 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, thecheck the necessary 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; platforms shall also carry out additional ad hoc checks at the request of competent authorities.
Amendment 159 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. When a listing concerns a unit located in an area included in the list referred to in Article 13(1), point (b), providers of online short-term rental platforms shall collect and, on a monthly basis, transmit to the Single Digital Entry Point of the Member State where the unit is located, activity data per unit, together with the address of the unit, including the exact number of the apartment including its zip code, the corresponding registration number as provided by the host and the URL of the listing. That transmission shall take place by machine-to-machine communication means.
Amendment 160 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. When a competent authority, after verification, finds that there are doubts regarding the accuracy and completeness of the data transmitted, it will be empowered to require the online platforms to rectify the data set in a reasonable time which should be specified by the competent authority
Amendment 167 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall aggregdesignate the activity data obtained pursuant to Article 9 and transmit it on a monthly basis to national statistical offices and Eurostat for the purposes of compiling national entity responsible for transmitting, for each unit, the activity data and the registratistics in accordance with Regulation (EC) No 223/2009 of the European Parliamenton numbers obtained pursuant to Articles 5 and of9, the Council43. Activity data shall be aggregated at national, regional and municipal level, and shall include information on the total number of unitsmunicipality where the unit is located and on the maximum number of guestavailable bed places that the unit can accommodate in each geographical subdivision. Those data shall be broken down by the type of unit as described in Article 5(1), point (a), of this Regulation. Member States shall designatethe national entity responsible for aggregating activity data and transmitting it to nats, on a monthly basis to national, and where relevant, regional statistical offices and Eurostat. _________________ 43 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealingmake available to Eurostat for the purposes of compiling statistics in accordance with Regulation (EC, Euratom) No 1101223/20089 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the S. Access to the data referred to above by the national or regional statistical Ooffice of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164)s shall be subject to appropriate safeguards for data protection.
Amendment 171 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Authorities designated by the Member State of the relevant Single Digital Entry Point shall be competent to enforce Articles 7(1), 7(2), 7(3) and 9 of this Regulation.
Amendment 172 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall lay down rules on penalties applicable to infringements by online short-term rental platforms of Articles 7 (1), 7(2), 7(3) and 9. Member States shall ensure that those penalties are effective, proportionate and dissuasive.