37 Amendments of Andreas SCHWAB related to 2022/0358(COD)
Amendment 64 #
Proposal for a regulation
Recital 1
Recital 1
(1) Short-term accommodation rental services offered by hosts have existed for many years as a complement to other accommodation services such as hotels, hostels, or bed and breakfasts. The volume of short-term accommodation rental services is increasing significantly across the Union as a result of the growth of the platform economy. While short-term accommodation rental services are a cornerstone of European tourism and continuously create many opportunities for guests, hosts and the entire tourism ecosystem, their rapid growth has also triggered concerns and challenges, in particular for local communities and public authorities. OWhile other issues related for example to restrictions to free movement of services or removal of illegal content are already addressed in Union law, namely in Directive 2006/123/EC or in Regulation (EU) 2022/2065, this Regulation sets a clear focus in one of the main challenges, which is the lack of reliable information about short-term accommodation rental services, such as the identity of the host, the location where those services are being offered, and their duration, making it difficult for authorities to assess the impact of short-term accommodation rental services and develop and enforce appropriate, targeted, and proportionate policy responses, which should be based on existing legislation, in order ensure a comprehensive approach.
Amendment 69 #
(2) Public authorities at national, regional and local level are increasingly taking measures to obtain information from hosts and online short-term rental platforms, by imposing registration schemes and other transparency requirements, including on online short- term rental platforms. However, legal obligations regarding data generation and data sharing diverge considerably within and between Member States as regards their scope and frequency, as well as in terms of related procedures. The large majority of online platforms intermediating the provision of short-term accommodation rental services provide their services across borders and indeed across the internal market. As a result of diverging transparency requirements, which impede consistent compliance for platform operators, the full realisation of short-term accommodation rental services potential is hampered, and the proper functioning of the internal market is negatively affected. In order to achieve more harmonised rules and requirements, and ensure a fair, unambiguous and transparent provision of short-term accommodation rental services as part of efforts to promote a balanced tourism ecosystem within the internal market, a uniform and targeted set of rules should be established at Union level.
Amendment 74 #
Proposal for a regulation
Recital 4
Recital 4
(4) Rules should be laid down to harmonise transparency requirements for the provision of short-term accommodation rental services through online short-term rental platforms in cases where Member States decide to impose such transparency requirements. Accordingly, harmonised rules should be provided for registration schemes and data-sharing requirements concerning online short-term rental platforms should Member States decide to put in place such schemes or requirements. To achieve effective harmonisation, and to ensure a uniform application of the rules, Member States will not be able to legislate on access to data from online short-term rental platforms outside the specific regime laid down in the present Regulation. That is in order to ensure that Member States do not regulate the requests in question without putting in place the necessary registration schemes, databases and single digital entry point and to facilitate proportionate, privacy-compliant and secure data sharing by online short-term rental platforms within the internal market. This Regulation does not affect Member States’ competence to adopt and maintain market access requirements relating to the provision of short-term accommodation rental services by hosts, including health and safety requirements, minimum quality standards or quantitative restrictions, provided that such requirements are necessary and proportionate to protect public interest objectives, in accordance with the provisions of the Treaty on the Functioning of the European Union and Directive 2006/123/EC of the European Parliament and of the Council25 . In this respect, the Court of Justice of the European Union has established that in specific circumstances, restrictive measures may be justified in certain cases by a public interest objective but must be proportionate to the objective pursue. Therefore, such measures can only be examined on a case-by-case basis and must always adhere to the principles of non-discrimination and proportionality as set out in Directive 2006/123/EC. The availability of reliable data on a uniform basis should support Member States’ efforts in developing policies and regulations that comply with Union law. In fact, as the case-law of the Court of Justice of the European Union made clear, Member States are required to justify possible market access restrictions for hosts on the basis of data and evidence. _________________ 25 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 81 #
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 transactions should be excluded from the scope of this Regulation. 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, as laid out in the Directive 2006/123/EC. _________________ 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 86 #
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 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. Member States should ensure that registration should be free of charge for the host. Hosts should be able to submit all required documents as part of the registration process in a digital format. _________________ 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 87 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) While ensuring an appropriate and proportionate legislative framework, in order to avoid further fragmentation of the single market and strengthen a harmonised approach on the subject, it is vital to guarantee that no disproportionate burdens are imposed on online platforms and hosts, as such players contribute significantly to the further development of the European tourism sector.
Amendment 91 #
Proposal for a regulation
Recital 13
Recital 13
(13) Where the information and documentation provided by hosts via the registration procedure is valid for a limited period of time, for example in the case of an identity document or a fire or other safety certificate, hosts should be able to update the information or documentation. Where a host fails to submit the updated information andor documentation and where the competent authority has made best efforts to contact the host to ensure that they are aware of the need to submit updated information or documentation, the competent authorities should have the power to suspend the validity of the registration number until the updated information or documentation has been submitted. The information and documentation submitted by the host should be retained for the entire period of validity of the registration number and for a maximum period of 1 year following the host’s request for removal of a unit from the registry, in order to allow competent authorities to perform any relevant checks even after the removal of the unit from the registry.
Amendment 97 #
Proposal for a regulation
Recital 15
Recital 15
(15) Where a registration procedure applies, hosts should be required to provide online short-term rental platforms with their registration numbers, display them in each respective unit listing and provide guests with the unit’s registration number. Members States should ensure that, where a registration procedure applies, national law enables competent authorities to order online short-term rental platforms to remove listings related to units offered without a registration number or offered with an invalid registration number. Platform operators must adhere to the compliance by design obligations and ensure, that hosts have the possibility to clearly identify, the unit offered for short- term accommodation rental services is located in an area where a registration procedure has been established or applies.
Amendment 100 #
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. Furthermore, online short-term rental platforms should comply with Regulation (EU) 2022/2065 and make reasonable efforts to carry out random checks. 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 114 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) This Regulation ensures that hosts can self-declare whether a unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established or applies. Therefore, platforms have to design their interfaces in a way to facilitate this self- declaration and to ensure that hosts have provided the relevant information prior to listing. Self-declaration is an important and proportionate tool. It ensures that hosts remain primarily responsible for compliance of their activity with local rules and for communicating the necessary information about their status under the relevant registration procedures to platforms, without requiring platforms to conduct burdensome and disproportionate ex-ante verification mechanisms for each host.
Amendment 116 #
Proposal for a regulation
Recital 26
Recital 26
(26) A proportionate, limited and predictable framework at Union level is necessary for the transparent sharing of activity data and registration numbers, in compliance with the requirements of the Regulation (EU) 2016/679 of the European Parliament and of the Council31. To achieve this, Member States should list the competent authorities at national, regional and local level that have established or maintain a registration procedure to request activity data for units located on their territory. Such data should only be processed for purposes of monitoring compliance with registration procedures or implementing rules concerning access to and provision of short-term accommodation rental services. In the latter case, such processing should only be permitted if the rules in question are non- discriminatory, necessary andproportionate, and comply with Union law, including the rules on free movement of services, freedom of establishment, and the rules in Directive 2006/123. For purposes of complying with Union law on data protection, any rules concerning access to and provision of short-term accommodation rental services should set out the purpose of processing the data in accordance with the requirements of Regulation 2016/679. Activity data, not including personal data, is also essential for authorities that are developing such rules as part of efforts to promote a balanced tourism ecosystem, including effective and proportionate rules for the access to, and the provision of, short-term accommodation rental services. A retention period of maximum 1 year should allow competent authorities to ensure compliance with rules and regulations applicable to hosts or concerning units rented and for policy development. _________________ 31 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 125 #
Proposal for a regulation
Recital 34
Recital 34
(34) The Commission should periodically evaluate this Regulation and monitor its effects on the provision of short-term accommodation rental services offered through online short-term rental platforms in the Union. That evaluation should include any effects on providers of online short-term rental platforms and any effects of the increased availability of data on the content and proportionality and necessity of national, regional and local rules relating to the provision of short-term accommodation rental services and whether such rules comply with the principle of non-discrimination. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders.
Amendment 130 #
Proposal for a regulation
Recital 37
Recital 37
(37) The fundamental right to the protection of personal data is safeguarded in particular by Regulation (EU) 2016/679. That Regulation provides the basis for rules and requirements of personal data processing, including where datasets include a mix of personal and non-personal data and such data are inextricably linked. Any personal data processing under the present Regulation must comply with Regulation (EU) 2016/679. Therefore the data protection supervisory authorities are playing a key role in being responsible for the supervision of the processing of personal data carried out in the context of this Regulation.
Amendment 162 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) registration procedures are free of charge for the host and allow for the 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 177 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article4a Member States shall ensure that hosts are able to submit all required documents as part of the registration process in a digital format.
Amendment 192 #
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, which may be provided in digital format.
Amendment 198 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where a competent authority, after verification pursuant to paragraph 1, finds that the information or documentation submitted pursuant to Article 5(1) and 5(2) is incomplete or incorrect, that competent authority shall have the power to ask the host to rectify the information and documentation provided via the functionality referred to in Article 4(2), point (d), within a periodreasonable period of time to be specified by the competent authority.
Amendment 199 #
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 and where the competent authority has made best reasonable efforts to contact the host to ensure that they are aware of the need to rectify the requested information, 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 to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 204 #
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 to provide further information to verify the authenticity and validity of the affected registration number or to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 223 #
(a) design and organise their online interface in a way that requires hosts to self-declare in a simple and user-friendly manner whether the unit offered for short- term accommodation rental services is located in an area where a registration procedure has been established or applies;
Amendment 240 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Online short-term rental platforms shall inform without undue delay the competent authorities and the hosts of the results of the random checks referred to in paragraph 1, point (c), concerning incorrect declarations of hosts or invalid registration numbers.
Amendment 244 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Online short-term rental platforms shall not be obliged by the requirements pursuant to paragraph 1, to confirm the validity of the registration number provided by the host prior to the offering of the short-term accommodation rental services by the host.
Amendment 249 #
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 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 252 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, small or micro online short- term rental platforms and online short- term rental platforms that did not, in the previous quarter, reach a monthly average of 2 500 or more active hosts shall transmit the activity data per unit, together with the corresponding registration number and the URL of the listing, at the end of the quarter, by machine-to-machine communication means or manually, to the Single Digital Entry Point of the Member State where the unit is located.
Amendment 255 #
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Establishment and functionalities of the Single Digital Entry Points
Amendment 256 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where a Member State has established one or more registration procedures pursuant to Article 8, that Member StateThe Commission shall establish a Single Digital Entry Point for the receipt and forwarding of activity data, the relevant registration number and the URL of the listings provided by online short-term rental platforms pursuant to Article 9. That Member State shall designate the authority which will be responsible for the operation of the Single Digital Entry Pointe Single Digital Entry Point shall only be applicable for lettings located in an area where a registration procedure applies.
Amendment 262 #
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Member States shall ensure that tThe Single Digital Entry Point referred to in paragraph 1 shall provides for:
Amendment 265 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 268 #
Proposal for a regulation
Article 11
Article 11
Amendment 270 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) implementing rules governing the access to and the provision of short-term accommodation rental services, providedwith clear prerequisite that those rules are non- discriminatory, proportionate and comply with Union law.
Amendment 274 #
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. Competent authorities listed pursuant to paragraph 1 shall retain activity data in a secure and confidential manner as long as necessary for the purposes referred to in paragraph 2 and no longer than 1 year6 months after their receipt. Those competent authorities may, in accordance with the laws of the Member State, share activity data without any data that can identify individual units or hosts, including registration numbers and URLs, in particular with the following:
Amendment 284 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member StatesThe Commission shall aggregate 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 statistics in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council43. Activity data shall be aggregated at national, regional and municipal level, and shall include information on the total number of units and on the maximum number of guests 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 designate the national entity responsible for aggregating activity data and transmitting it to national 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 repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office 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).
Amendment 295 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Coordination Group The Commission shall establish a Coordination Group to ensure coherence of rules in the application of this Regulation across the Union and that local, regional and national rules on short-term rental accommodation services are proportionate and non-discriminatory, in line with Directive 2006/123/EC. The Group shall include representatives from each Member State and shall involve relevant stakeholders as necessary. The Group shall meet at least twice per year.
Amendment 303 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. No later than 57 years after the date of application of this Regulation, the Commission shall evaluate this Regulation and submit a report on its main findings to the European Parliament, the Council and to the European Economic and Social Committee. This report shall be based on the evaluations submitted by national supervisory authorities pursuant to Article 14.
Amendment 305 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the impact of this Regulation on the obligations imposed on online short-term rental platforms, as questions of market access are not within the scope of this legislation;
Amendment 308 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) to the extent possible, the impact of this Regulation on the content and, proportionality and subsidiarity of national legislative, regulatory or administrative measures relating to access to and the provision of short-term accommodation rental services, including where such services are provided cross-border, without imposing additional burden to authorities, platform operators or hosts.
Amendment 313 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
It shall apply from [OP please insert date = 2436 months after the date of entry into force of this Regulation].