32 Amendments of Carlo FIDANZA related to 2022/0358(COD)
Amendment 51 #
Proposal for a regulation
Recital 2
Recital 2
(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 and business practices of online platforms, the full realisation of short-term accommodation rental services potential is hampered, and the proper functioning of the internal market is negatively affected. Additionally, the lack of cooperation by online platforms with national, regional and local level authorities further aggravated the functioning of the internal market and contributed to unfair competition with other accommodation providers. 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 55 #
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 wheren 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. 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 65 #
Proposal for a regulation
Recital 11
Recital 11
(11) Hosts should provide information regarding themselves, the units they offer for short-term accommodation rental services and other necessary information so that the competent authorities know the identity of the host and their contact details, as well as the location, the type (e.g. house, apartment, room) and characteristics of the unit. Such information is needed to ensure traceability of hosts and units offered. The description of the unit’s characteristics should include an indication of whether the unit is offered in whole or part and whether the host uses the unit for residential purposes as a primary or secondary residence or for other purposes. Hosts should also provide information on the maximum number of guests that the unit is capable of accommodating, the number of rooms and the number of beds in the unit.
Amendment 68 #
Proposal for a regulation
Recital 2
Recital 2
(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 and business practices of online platforms, the full realisation of short-term accommodation rental services potential is hampered, and the proper functioning of the internal market is negatively affected. Additionally, the lack of cooperation by online platforms with national, regional and local level authorities further aggravated the functioning of the internal market and contributed to unfair competition with other accommodation providers. 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 71 #
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 preserving opportunities for platforms while upholding public policy objectives, for example, ensuring that accommodation is available and protecting town and city centres, particularly in the event that the economic picture deteriorates in Europe. Short-term accommodation rental services provided via platforms and their impact must not undermine the broad acceptance of tourism in Europe’s regions and cities or lower living standards in individual neighbourhoods.
Amendment 77 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation is not intended to ensure compliance with customs or taxation rules and does not affect Member States’ competences in the area of criminal offences. Accordingly, it does not affect the competence of Member States or of the Union in those fields or any instruments of national or Union law adopted pursuant to such competence for the access, sharing, and use of data in those areas. Therefore, possible future use of personal data processed pursuant to the Regulation for law enforcement or for taxation and customs purposes should be excluded. In all areas of legislation and enforcement, the term 'national' always includes regional, municipal and rural levels.
Amendment 78 #
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. Given the different approaches existing in the Member States, for the purpose of this Regulation, short- term rental accommodation services should be further defined by national law. 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. The provision of furnished accommodation for more permanent use, typically for one year or more, 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 79 #
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, proportionate, and comply with Union law, including the rules on free movement of services, freedom of establishment, and the rules in Directive 2006/123. Upon reasoned request, the data shall be cross-referenced and checked by other relevant authorities conducting investigations related to the host.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 84 #
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 provided for in this regulation does not constitute exemption from any other disclosure requirements, for example, in the areas of taxation, population registration and statistics.
Amendment 86 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
Article 3 – paragraph 1 – point 1 – introductory part
(1) ‘unit’ means a furnished accommodation located in the Union that is the subject of the provision of a short-term accommodation rental service as further defined by national law. It does not include the following:
Amendment 87 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a
Article 3 – paragraph 1 – point 1 – point a
(a) hotels and similar accommodations including resort hotels, suite or apartment hotels, hostels and motels as described in NACE Rev. 2, group 55.1 (‘hotels and similar accommodation’) of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council42 or as further defined by national law or standards; _________________ 42 Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ 393, 30.12.2006, p. 1).
Amendment 101 #
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 online short-term rental platforms to generally monitor the services offered by hosts through their platform, nor to a general fact-finding obligation aimedto carry out atn assessingment of the accuracy of the registration number prior to the publication of the offer of short-term accommodation rental services.
Amendment 107 #
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 unit per night, their country of residence, 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 112 #
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 113 #
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 rooms, beds and the number of guests that the unit can accommodate according to national law or recomendations;
Amendment 115 #
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, proportionate, and comply with Union law, including the rules on free movement of services, freedom of establishment, and the rules in Directive 2006/123. Upon reasoned request, the data shall be cross-referenced and checked by other relevant authorities conducting investigations related to the host.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 126 #
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 of national, regional and local rules relating to the provision of short-term accommodation rental services, usability and quality of data. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of the Member States' competent authorities and relevant stakeholders.
Amendment 133 #
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 or residential law;
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 3 – point h a (new)
Article 2 – paragraph 3 – point h a (new)
(ha) Regulation (EU) No 692/2011;
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
Article 3 – paragraph 1 – point 1 – introductory part
(1) ‘unit’ means a furnished accommodation located in the Union that is the subject of the provision of a short-term accommodation rental service as further defined by national law. It does not include the following:
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a
Article 3 – paragraph 1 – point 1 – point a
(a) hotels and similar accommodations including resort hotels, suite or apartment hotels, hostels and motels as described in NACE Rev. 2, group 55.1 (‘hotels and similar accommodation’) of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council42; _________________ 42 Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ 393, 30.12.2006, p. 1). or as further defined by national law or standards ;
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘host’ means a natural or legal person that provides, or intends to provide, on a professional or non-professional basis, permanent or temporary, basis – and regardless of whether the rental service in question is provided directly or through a tourist management or marketing company –, a short-term accommodation rental service against remuneration through an online short-term rental platform;
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘registration procedure’ means any procedure by which hosts must provide specific information and documentation to the competent authorities before they can startto obtain a registration number for offering short- term accommodation rental services through an online short term rental platform;
Amendment 151 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) make reasonable effortsefforts, especially in areas where non-compliance with this Regulation was identified, 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 158 #
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 unit per night, and, in accordance with Regulation (EU) 692/2011, their country of residence;
Amendment 165 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 (new)
Article 12 – paragraph 2 – subparagraph 1 (new)
Upon reasoned request, the data shall be cross-referenced and checked by other relevant authorities conducting investigations related to the host.
Amendment 181 #
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 rooms, beds and the number of guests that the unit can accommodate according to national law or recommendations;
Amendment 225 #
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 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 232 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) make reasonable effortsefforts, especially in areas where non-compliance with this Regulation was identified, 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 246 #
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 for the unit, including the exact building and apartment number, 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 301 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. No later than 5 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 and the Committee of the Regions, accompanied by any appropriate proposals, where necessary. This report shall be based on the evaluations submitted by national supervisory authorities pursuant to Article 14.
Amendment 310 #
Proposal for a regulation
Article 18 – paragraph 2 – point c a (new)
Article 18 – paragraph 2 – point c a (new)
(ca) an assessment of the impact on local and regional authorities and their ability to devise policies based on the data shared by platforms with the competent authorities; the assessment should also take account of the availability, quality and usability of the data, and of the dynamics of cross-border cooperation as regards the application of rules and to administrative cooperation.