2022/0358(COD) | [ParlTrack]

Proposal for a regulation
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

(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

(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 103 #

Proposal for a regulation
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 104 #

Proposal for a regulation
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 105 #

Proposal for a regulation
Article 4 – paragraph 2 – point g a (new)

(ga) online registration procedures are provided for hosts which are free of charge.

Amendment 106 #

Proposal for a regulation
Article 4 – paragraph 2 – point g a (new)

(ga) hosts can register online at no cost.

Amendment 107 #

Proposal for a regulation
Article 4 – paragraph 3

3. Member States shall ensure that hosts are aobl~~e to requ~~iged, when offering their short-term rental servicest th~~at the information or documentation provided pursuant to Article 5(1) and (2) can be re- used for the purposes of subsequent~~rough 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 108 #

Proposal for a regulation
Article 4 – paragraph 4

4. Member States shall ensure that registration numbers are included in a public and easily accessible registry. The competent authority issuing the registration number shall be responsible for establishing and maintaining the registry.

Amendment 109 #

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. Member States shall ensure digital communication methods with hosts and ensure that all required documents can be submitted digitally; in order not to disadvantage less digitally-skilled or digitally-equipped hosts and as a fall back option only, offline services for communication and submission of documents shall be made available.

Amendment 110 #

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. Member States shall take action to ensure that the issued registration number must not be used to offer a unit on an online rental platform until the authorisation procedure is finished and the host has been authorized by the competent authority.

Amendment 111 #

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 1

(1) the detailed address of the unit, including flat number, cadastre reference and land registry number;

Amendment 112 #

Proposal for a regulation
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 113 #

Proposal for a regulation
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 114 #

Proposal for a regulation
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 115 #

Izaskun BILBAO BARANDICA, Ondřej KOVAŘÍK

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)

(4a) if applicable, an authorization, from the competent authorities, to offer short-term rental accommodation services;

Amendment 116 #

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)

4a. the unit's registration number, obtained by application of national, regional or local legislation

Amendment 117 #

Izaskun BILBAO BARANDICA, Ondřej KOVAŘÍK

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 b (new)

4b. adapting the unit to disabled persons or persons with reduced mobility

Amendment 118 #

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1a. Additionally, Member States shall decide to require hosts to declare whether they are acting for the purpose of their trade, business or profession, or otherwise.

Amendment 119 #

Proposal for a regulation
Article 5 – paragraph 2

2. Member States ~~may~~shall require that the information submitted pursuant to paragraph 1 is accompanied by appropriate supporting documentation. With respect to the information referred to in Article 5, 1 (a) (currently 4a (new)) in which the host declares that the unit is subject to authorisation, or where the other information referred to in paragraph 1 allows an automatic determination that an authorisation requirement applies, Member States shall request a copy of the authorisation.

Amendment 120 #

Proposal for a regulation
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 121 #

Proposal for a regulation
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 122 #

Proposal for a regulation
Article 5 – paragraph 5

5. Member States shall ensure that the information or documentation submitted pursuant to a registration procedure referred to in Article 4 is retained in a secure and confidential manner and only for a period which is necessary for the identification of the unit and for a maximum of 12 years after the host has indicated via the functionality referred to in Article 4(2), point (f) that the unit should be removed from the registry. Member States shall ensure that the information and documentation provided by the host pursuant to paragraphs 1 and 2 is only processed for the purpose of issuing the registration number and ensuring compliance with the applicable rules of the Member State concerning the access to and provision of short-term accommodation rental services.

Amendment 123 #

Proposal for a regulation
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 124 #

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities ~~may~~shall, 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).

Amendment 125 #

Proposal for a regulation
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 126 #

Proposal for a regulation
Article 6 – paragraph 2

Amendment 127 #

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 6 – paragraph 2

Amendment 128 #

Proposal for a regulation
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 and withdraw 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 129 #

Proposal for a regulation
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 130 #

Proposal for a regulation
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 and withdraw 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 131 #

Izaskun BILBAO BARANDICA, Ondřej KOVAŘÍK

Proposal for a regulation
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 132 #

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 6 – paragraph 5

5. Where a competent authority intends to suspend the validity of a registration number or numbers pursuant to paragraphs 3 or 4, it shall notify the host in writing stating the reasons for that intention. The host shall be given the opportunity to be heard and, where appropriate, to rectify the information or documentation in question within ~~a reasonable period to be~~15 days following the notification, as specified by the competent authority. Where, after having heard the host, the competent authority confirms its intention to suspend the validity of a registration number or numbers, it shall notify the host in writing of that decision, accompanied by a copy of the order referred to in paragraphs 3 or 4.

Amendment 133 #

Proposal for a regulation
Article 6 – paragraph 5 a (new)

5a. Where the competent authorities have evidence that applicable national, regional or local legislation has been breached, they may initiate a platform inspection procedure. The competent authority shall request information that it considers relevant from the host in order to seek out and analyse the alleged infringements.

Amendment 134 #

Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 6 – paragraph 5 b (new)

5b. This process shall give rise to the appropriate sanctions. The competent authority shall notify the host of its decision and give the host one month to make any relevant claims. The competent authority shall address any claims within one month, deciding whether or not a sanction is appropriate.

Amendment 135 #

Proposal for a regulation
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

(c) the ~~identity of the host and~~registration number of the unit offered for short-term accommodation rental services.

Amendment 137 #

Proposal for a regulation
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 138 #

Proposal for a regulation
Article 6 – paragraph 8

8. The competent authority shall inform the hosts about the redress mechanisms available in relation to the steps taken pursuant to paragraphs 2 to 5, 7 and 711.

Amendment 139 #

Proposal for a regulation
Article 6 – paragraph 8

8. The competent authority shall inform the hosts about the redress mechanisms available in relation to the steps taken pursuant to paragraphs 2 ~~to 5~~, 5, 7 and 711.

Amendment 140 #

Proposal for a regulation
Article 6 – paragraph 8 a (new)

8a. Competent authorities have the authority to cross-check the information provided by online platforms regarding hosts who have claimed their listing is exempt from the registration process, as outlined in Article 7.1(b) and (d). They can also utilize the powers specified in paragraphs 6.2 to 6.9, if necessary, when dealing with the hosts concerned.

Amendment 141 #

Proposal for a regulation
Article 6 – paragraph 10 a (new)

10a. Competent authorities may verify with the hosts concerned the information provided by online platforms with respect to hosts that have declared their listing exempt from the registration procedure as provided by Article 7 paragraph 1 (b) and (d) and exercise, where relevant, towards the hosts concerned, the powers set out in paragraphs 6 (2) to 6 (9).

Amendment 142 #

Proposal for a regulation
Article 6 – paragraph 10 a (new)

10a. Where an authorisation procedure applies, Member States shall ensure that national legislation enables competent authorities to order providers of online short-term rental platforms to provide information and remove listings related to units offered without authorisation.

Amendment 143 #

Proposal for a regulation
Article 7 – title

Compliance by design for online short- term rental platforms

Amendment 144 #

Proposal for a regulation
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 whet~~entering the registration number is mandatory in cases where the ~~unit offered for short-term accommodation rental services~~address of a specific unit is located in an area where a registration procedure has been established or applies; according to Art.13 (1).

Amendment 145 #

Proposal for a regulation
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 enables hosts to let users to either: (i) 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; (ii) or self declare that the unit they offer is exempt from the registration procedure applicable in the area where it is located;

Amendment 146 #

Proposal for a regulation
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 enables hosts to let users to either (i) 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 or (ii) self declare that the unit they offer is exempt from the registration procedure applicable in the area where it is located;

Amendment 147 #

Proposal for a regulation
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 ~~enables~~makes 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 148 #

Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)

(ba) taking into account the list made available pursuant to Article 13(1), point (a), impede the listing of a unit located in an area where a registration procedure exists without a registration number and make reasonable efforts on quarterly basis to randomly check 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 149 #

Proposal for a regulation
Article 7 – paragraph 1 – point c

(c) make ~~reasonable~~significant efforts to randomly check the declaration of the hosts concerning the existence or not of a registration procedure and prevent the listing of a unit located in an area where a registration procedure is in place, 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 150 #

Proposal for a regulation
Article 7 – paragraph 1 – point c

(c) ~~make reasonable efforts to randomly check the declaration~~check the listings ofn the ~~host~~platforms 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~~check 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 151 #

Proposal for a regulation
Article 7 – paragraph 1 – point c

(c) make ~~reasonable efforts~~efforts, 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 152 #

Proposal for a regulation
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 153 #

Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)

(ca) where the host declares that the unit is exempt from the registration procedure applicable to the area where it is located, the online platform is to provide, on a monthly basis, the list of the hosts that claim to benefit from an exemption to the competent authority for them to be able to conduct the verifications referred to in Article 6.

Amendment 154 #

Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)

(ca) inform the hosts that the letting of certain types of unit, such as social housing, on online short-term rental platforms might be in breach of local tenancy regulations.

Amendment 155 #

Proposal for a regulation
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 i~~ncorrect~~llegal declarations of hosts or invalid registration numbers.

Amendment 156 #

Proposal for a regulation
Article 7 – paragraph 3

3. Online short-term rental platforms shall include, in a specific section of the online interface that is directly and easily accessible, a reference to the information to be made available by Member States pursuant to Article 17(1). They should also make reasonable efforts to regularly and adequately inform and update hosts regarding the applicability of registration procedures, data sharing obligations, or authorization schemes in a given area. Additionally, a link to the Portal established under Article 13b (new) should be provided.

Amendment 157 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 (new)

4. Paragraph 1 (a) and (b) shall apply to an online short-term rental advertising platforms when display an advertising for a short-term rental service.

Amendment 158 #

Proposal for a regulation
Article 7 a (new)

Article7a Compliance by design for online short- term rental advertising platforms Where an online short-term rental advertising platform includes an advertising for a short-term accommodation rental service, it shall: (a) structure and arrange their online interface in such a manner that hosts advertising short-term accommodation rentals on the platform are required to self-declare whether the unit being offered is subject to an established or applicable registration procedure in the area. (b) where the host declares that the unit is subject to a registration procedure, the online platform should design its interface to allow hosts to either (i) identify the unit using a registration number and ensure that the number is provided before allowing the offering of short-term accommodation services for that unit, or (ii) declare that the unit is exempt from the registration procedure in the area where it is located. (c) conduct random checks on the hosts' declarations regarding the existence of a registration procedure, taking into consideration the list provided in Article 13(1)(a) and, if a registration procedure exists, verify the validity of the registration number provided by the host. This verification can be done using the functionalities offered by the Single Digital Entry Points mentioned in Article 10(2)(b), after allowing the host to offer the short-term accommodation rental services. (d) where the online platform includes advertisements from an online short-term rental platform that does not act as a host, it should design its interface to enable users to identify the unit through a registration number, if provided by the online short-term rental platform. (e) where the host declares that the unit is exempt from the applicable registration procedure, the online platform must, upon request from the relevant competent authority, provide the information provided by the host to allow the authority to verify its accuracy. This is done after allowing the host to offer the short-term accommodation rental services.

Amendment 159 #

Proposal for a regulation
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)

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 161 #

Proposal for a regulation
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 ~~validity~~existence of registration numbers provided by hosts;

Amendment 162 #

Proposal for a regulation
Article 10 – paragraph 5

5. The Commission ~~may~~shall adopt implementing acts laying down common technical specifications and procedures to ensure interoperability of solutions for the functioning of the Single Digital Entry Points and the seamless exchange of data, including the structure of the registration numbers and detailed addresses of the units. Registration numbers should be harmonised in all Member States. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2). Additionally, the Commission shall also organise training and technical discussions, to ensure the proper functioning of the Single Digital Entry Points and the sharing of good practices.

Amendment 163 #

Proposal for a regulation
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

(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 165 #

Proposal for a regulation
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 166 #

Proposal for a regulation
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 12 years 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 167 #

Proposal for a regulation
Article 12 – paragraph 4

4. Member States shall ~~aggreg~~designate 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 registrati~~stics in accordance with Regulation (EC) No 223/2009 of the European Parliament~~on 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 units~~municipality where the unit is located and on the maximum number of ~~guest~~available 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 repealing~~make available to Eurostat for the purposes of compiling statistics in accordance with Regulation (EC~~, Euratom~~) No ~~1101~~223/20089 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 168 #

Proposal for a regulation
Article 12 – paragraph 4

4. Member States shall aggregate the activity data obtained pursuant to Article 9 and transmit it on a monthly basis to national and, where relevant, to regional 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. The data should be made available to European, national, local and regional authorities, in accordance with Regulation (EU) 2016/679, in order to inform policy-making and support planning, implementation and enforcement of local rules.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 169 #

Proposal for a regulation
Article 13 – paragraph 2 a (new)

2a. Competent authorities shall inform the hosts that the letting of certain types of unit, such as social housing, on online short-term rental platform might be in breach of local tenancy regulations.

Amendment 170 #

Proposal for a regulation
Article 13 a (new)

Article13a Data analysis and interpretation 1. In order to achieve the objectives of this Regulation, leading to evidence-based policymaking, Member State shall regularly hold consultation sessions with the Commission and with relevant stakeholders. These consultation procedures can relate to, amongst others: (a) the interpretation of data and the understanding of current trends in the expansion of short-term rentals and the social, economic and environmental impact on the local communities; (b) the interpretation of Union and national legislation concerning the short- term rentals, especially with regards to principles enshrined in European law; (c) the impact of Union and national legislation on the relevant stakeholders.

Amendment 171 #

Proposal for a regulation
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

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.

Amendment 173 #

Proposal for a regulation
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. This report shall be based on the evaluations submitted by national supervisory authorities pursuant to Article 14. and the data transmitted to Eurostat according to Article 12 (4)

Amendment 174 #

Proposal for a regulation
Article 18 – paragraph 2 – point c

(c) to the extent possible, the impact of this Regulation on the content and proportionality 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, as well as the effectiveness of cross-border cooperation and enforcement mechanisms.

Amendment 175 #

Proposal for a regulation
Article 18 – paragraph 2 – point c

Amendment 176 #

Proposal for a regulation
Article 19 – paragraph 2

It shall apply from [OP please insert date = 124 months after the date of entry into force of this Regulation], whilst the obligations imposed by this Regulation on online short-term rental platforms and hosts shall apply as of [3] months from the moment the Member State concerned has set up its Single Digital Entry Points in line with the provisions of this Regulation.

Amendment 177 #

Proposal for a regulation
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].

Amendment 178 #

Proposal for a regulation
Article 19 – paragraph 2

It shall apply from [OP please insert date = 24 months after the date of entry into force of this Regulation]. whilst the obligations imposed by this Regulation on online short-term rental platforms shall apply only as of [12] months from the moment the Member State concerned has set up its Single Digital Entry Points in line with the provisions of this Regulation.

Amendment 50 #

Proposal for a regulation
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 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. The increase in the number of short-term rental accommodations in touristic areas has mechanically led to a reduction of accommodations available in the renting on the private housing market and, consequently, has led to higher rental prices1a. Combined with the effects of inflation, the increase in rental prices has extremely negative consequences for vulnerable households, putting at risk the right to affordable housing. This is why it is necessary to regulate and supervise more strongly the rental conditions of housing, both at the local, national and European levels.One of the main challenges 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 and proportionate policy responses. _________________ 1a https://ec.europa.eu/eurostat/web/product s-eurostat-news/w/DDN-20230404-2

Amendment 51 #

Proposal for a regulation
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 52 #

Proposal for a regulation
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 53 #

Proposal for a regulation
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, in accordance with national and European law. This implies maintaining opportunities for platforms while respecting public policy objectives like available and affordable housing and protecting urban centres, particularly when economic conditions in Europe are facing challenges and opportunities for growth. Short-term accommodation rental services via platforms and their impact shall not undermine the high acceptance of tourism in Europe’s regions and enhance the livability of neighborhoods.

Amendment 54 #

Proposal for a regulation
Recital 3 a (new)

(3a) By harmonising rules on data collection and sharing in the sector of short-term rentals in the internal market, this Regulation can play a decisive role in enhancing enforcement in the Member States. As a result of more effective enforcement, consumers should be able to assume that only legal listings are online and hosts of short-term rentals generally comply with the legal requirements and offer their services under fair conditions. Consequently, the objective of this regulation is to preserve and enhance the standard of consumer protection within the EU market.

Amendment 55 #

Proposal for a regulation
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 56 #

Proposal for a regulation
Recital 5 a (new)

(5a) The provisions stated in this regulation do not affect any additional requirements for reporting or registration as stipulated by EU law or national law, including but not limited to obligations related to taxation, population registration, or statistics.

Amendment 57 #

Proposal for a regulation
Recital 5 a (new)

(5a) This Regulation is without prejudice to other registration and information obligations under Union and national law, most notably, in the fields of taxation, population registration and statistics.

Amendment 58 #

Proposal for a regulation
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 more~~more 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

(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 transacti~~Itshould 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 sho~~uld be excluded from the scope of thisRegulation~~rt- 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 60 #

Proposal for a regulation
Recital 8

(8) The rules laid down in this Regulation including advertising for short-term rental services 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. _________________ 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 61 #

Proposal for a regulation
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 62 #

Proposal for a regulation
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. _________________ 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 63 #

Proposal for a regulation
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 64 #

Proposal for a regulation
Recital 11

Amendment 65 #

Proposal for a regulation
Recital 11

Amendment 66 #

Proposal for a regulation
Recital 14

(14) The information and documentation provided by hosts via the registration procedure should be verified by competent authorities only after the issuance of the registration number. It is appropriate to enable hosts, within a reasonable period of time, to rectify the information and documentation submitted which a competent authority considers to be incomplete or inaccurate. During this period, the competent authority may suspend the registration number, and, if necessary, take action to avoid the commercialisation of the unit. Where the host fails to rectify the information and documentation within the period indicated, the competent authority should have the power to suspend the validity of the registration number. The competent authority should have the power to suspend the validity of the registration number also in cases where it finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation provided by the host. In those cases, competent authorities should inform hosts about their intention to suspend the validity of the registration number and the reasons for it. Hosts should have the possibility to be heard and, where appropriate, to rectify the information and documentation provided within a reasonable period of time. Where the validity of the registration number has been suspended, competent authorities should have the power to issue an order requesting the online short-term rental platforms to remove or disable access to the listing relating to the unit in question without undue delay. Those orders should include all necessary information to identify the listing, including the individual Uniform Resource Locator (URL) of the listings.

Amendment 67 #

Proposal for a regulation
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. In areas where a registration procedure applies, hosts should not be allowed to commercialise a unit without a valid registration number. Where it finds that the registration number is missing or not valid, or that the authorisation has not been granted, the competent authority can require the online short-term rental platforms to remove access to the unit without undue delay.

Amendment 68 #

Proposal for a regulation
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~~lead to short-term rental online platforms ~~to generally monit~~making 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 69 #

Proposal for a regulation
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 70 #

Proposal for a regulation
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, and they should carry out regular 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 71 #

Proposal for a regulation
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~~for 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 72 #

Proposal for a regulation
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, the registration number and the URL of the listing of the unit, and, in cases where the registration number is missing or incorrect, the identity of the host in line with the GDPR, 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 73 #

Proposal for a regulation
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~~the 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 74 #

Proposal for a regulation
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 75 #

Proposal for a regulation
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~~existence. 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)

(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, and where that is the case, to identify that unit through a valid registration number or, where relevant, to indicate that the unit benefits from an exemption of registration. 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 on 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 77 #

Proposal for a regulation
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 78 #

Proposal for a regulation
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. 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 79 #

Proposal for a regulation
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 80 #

Proposal for a regulation
Recital 27

(27) ~~Aggregated d~~Data 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 81 #

Proposal for a regulation
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 82 #

Proposal for a regulation
Recital 31

(31) Member States should ensure an effective enforcement of this Regulation as regards the provisions of this Regulation concerning the verification by the competent authorities, the results of the random checks, the obligation to include a reference to the information to be made available by Member States on rules governing the provision of short-term accommodation rental services and the data sharing obligations of short-term rental platforms. Due to the specific nature of those obligations, it should be for authorities designated by the Member State of the Single Digital Entry Point, in which the relevant unit is located, to enforce them. Member States should also lay down rules setting out penalties for the infringement of these provisions of this Regulation that apply to online short-term rental platforms and should ensure that such penalties are implemented and notified in accordance with Directive 2000/31/EC of the European Parliament and of the Council32. Such penalties should be effective, proportionate and dissuasive. These penalties should ensure an effective enforcement of this Regulation, notably as regards data sharing obligations. Where a registration procedure applies, Member States establish legal provisions that empower competent authorities to instruct providers of online platforms for short- term rentals to delete listings associated with units that are either offered without a valid registration number or with an invalid registration number. Similarly, when an authorization process is applicable, Member States should ensure that national legislation grants competent authorities the authority to compel providers of online short-term rental platforms to remove listings linked to units offered without the required authorization from the competent authority. In both scenarios, competent authorities shall be enabled to mandate platforms to furnish information. Member States should have the capacity to establish regulations pertaining to the respective penalties for non-compliance. _________________ 32 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 83 #

Proposal for a regulation
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, usability and quality of data on the content and proportionality of national, regional and local rules relating to the provision of short-term accommodation rental services. 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, including in particular the effectiveness of cross-border cooperation and enforcement mechanisms.

Amendment 84 #

Proposal for a regulation
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 85 #

Proposal for a regulation
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 86 #

Proposal for a regulation
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

(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 88 #

Proposal for a regulation
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 89 #

Proposal for a regulation
Article 3 – paragraph 1 – point 6

(6) ‘ online short-term rental platform’ means an online platform, including advertising for short-term rental services and online research engines, within the meaning of Article 3, point (i), of Regulation (EU) 2022/2065, that allows guests to conclude distance contracts ~~with hosts for the provision of short-term accommodation rental services;~~

Amendment 90 #

Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)

(6a) ‘online short-term rental advertising platform’ means a service within the meaning of Article 3, point (i) and (j) of Regulation (EU) 2022/2065, that includes advertising of short-term accommodation rental services on their platform. However, this service does not facilitate guests in entering into remote agreements with hosts for the purpose of procuring short-term accommodation rental services.

Amendment 91 #

Proposal for a regulation
Article 3 – paragraph 1 – point 7

(7) ‘registration number’ means a unique identifier issued by the competent Member State or competent authority, which identifies a unit in that Member State;

Amendment 92 #

Proposal for a regulation
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 start~~in order to obtain a registration number and before they are allowed to offer~~ing~~ short-term accommodation rental services;

Amendment 93 #

Proposal for a regulation
Article 3 – paragraph 1 – point 10

(10) ‘competent authority’ means a national, regional or local authority of a Member State that is competent to manage and enforce registration procedures, to issue orders to remove access to illegal listings and/or other applicable rules of the Member State concerning the provision of short-term rental services, and/or to collect data on short-term accommodation rental services;

Amendment 94 #

Proposal for a regulation
Article 3 – paragraph 1 – point 10

(10) ‘competent authority’ means a national, regional or local authority of a Member State that is competent to manage and enforce registration procedures, ensure compliance with the applicable rules of the Member States and/or to collect data on short-term accommodation rental services;

Amendment 95 #

Proposal for a regulation
Article 3 – paragraph 1 – point 10

(10) ‘competent authority’ means a national, regional or local authority of a Member State that is competent to manage ~~and~~or enforce registration procedures, ~~and/~~or to collect data on short-term accommodation rental services, or is responsible for ensuring compliance with the applicable rules of the Member States concerning the access to and provision of short-term accommodation rental services;

Amendment 96 #

Proposal for a regulation
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 have been declared to stayed in the unit per night;, and, in accordance with (EU) Regulation 692/2011, their country of residence.

Amendment 97 #

Proposal for a regulation
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 have been declared and granted to stayed in the unit per night;

Amendment 98 #

Proposal for a regulation
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~~declared to stayed in ~~the unit per night~~a unit at the time the reservation is made;

Amendment 99 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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~~the unit was rented for per night;

source: 749.212

2023/06/05 IMCO 251 amendments...

Amendment 100 #

Proposal for a regulation
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 101 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI

Proposal for a regulation
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 ~~aimed~~to carry out atn assess~~ing~~ment of the accuracy of the registration number prior to the publication of the offer of short-term accommodation rental services.

Amendment 102 #

Proposal for a regulation
Recital 16

Amendment 103 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Recital 17

(17) Where competent authorities wish to receive from online short-term rental platforms information about hosts’ activities, they should be required to establish or maintain a dedicated registration procedure communication channel for submitting information.

Amendment 104 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Recital 17 a (new)

(17a) However, the rules laid down in this Regulation are without prejudice to other reporting obligations in accordance with EU and national law, including in the field of taxation, population registration or statistics.

Amendment 105 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

(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~~for which the unit was rented per night, the yearly average remuneration, the registration number ~~and~~, the URL of the listing of the unit, and the specific address of the unit, including the exact number of the apartment, 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~~registered unit has been rented , the yearly average remuneration, the number of guests for which the unit was rented 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 106 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Proposal for a regulation
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 or geographical area 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 107 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
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 108 #

(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 th~~at stayed in the unit per night~~e unit was rented for per night, the detailed address, 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 109 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Recital 18 a (new)

(18a) Additionally, Member States may require hosts to declare whether they are acting for the purpose of their trade, business or profession, or otherwise, as well as the number of units they are renting on the short-term rentals market. This data can facilitate a better understanding of the short-term rentals market, also in view of eventual policymaking.

Amendment 110 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Recital 19

(19) In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, in order to ensure that the processing of personal data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed, online short- term rental platforms should not be required to report additional information on the identity of the hosts and on units, given that this information is already collected by competent authorities through the registration procedures applicable to hosts.

Amendment 111 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Recital 23

Amendment 112 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Recital 23

Amendment 113 #

Proposal for a regulation
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 114 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 115 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 116 #

Proposal for a regulation
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 117 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Recital 26

(26) A proportionate, limited and predictable framework at Union level is necessary for ensuring hosts are informed about applicable rules and procedures and 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, the areas where an authorisation scheme applies in their territory and the areas where offering short-term accommodation rental services is not permitted in their territory. Such data should only be processed for purposes of monitoring complyiance with ~~Union law, including the rules on free movement of services, freedom of establishment, and the rules in Directive 2006/123~~registration procedures or implementing rules concerning access to and provision of short-term accommodation rental services. 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 (EU) 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 13 years 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 118 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Recital 27

(27) Aggregated data 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, on the yearly average remuneration 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 119 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI

Proposal for a regulation
Recital 27

Amendment 120 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Recital 28

(28) Member States should provide the necessary information 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. This should also allow the Commission to have access to a full overview of all such existing and new relevant national, regional and local procedures and requirements so that, whenever justified, it can take the appropriate enforcement actions to ensure compliance with EU law.

Amendment 121 #

Proposal for a regulation
Recital 29

(29) In order to facilitate the implementation of this Regulation, each Member State should designate an authority that should monitor its implementation and report to the Commission every ~~two~~ years.

Amendment 122 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Recital 31

(31) Member States should ensure an effective enforcement of this Regulation as regards the provisions of this Regulation ~~concerning~~from which clear obligations arise for hosts and platforms. This includes, among others, the verification by the competent authorities, the declarations of the hosts, the results of the random checks, the obligation to include a reference to the information to be made available by Member States on rules governing the provision of short-term accommodation rental services and the data sharing obligations of short-term rental platforms. Due to the specific nature of those obligations, it should be for authorities designated by the Member State of the Single Digital Entry Point, in which the relevant unit is located, respectively for the competent authorities to enforce them. Member States should also lay down rules setting out penalties for the infringement of these provisions of this Regulation that apply to online short-term rental platforms and hosts and should ensure that such penalties are implemented and notified in accordance with Directive 2000/31/EC of the European Parliament and of the Council32 . Such penalties should be effective, proportionate and dissuasive. These penalties should ensure an effective enforcement of this Regulation, notably as regards data sharing obligations. Where a registration procedure applies, Member States should ensure that national law enables competent authorities to order providers of online short-term rental platforms to remove listings related to units offered without a registration number or offered with an invalid registration number. Where an authorisation procedure applies, Member States should ensure that national law enables competent authorities to order providers of online short-term rental platforms to remove listings related to units offered without an authorisation by the competent authority. In both cases, competent authorities should have the power to order platforms to provide information. Member States should be able to lay down rules on respective penalties. _________________ 32 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 123 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Recital 31

(31) Member States should ensure an effective enforcement of this Regulation as regards the provisions of this Regulation concerning the results of the ~~random~~ checks, the obligation to include a reference to the information to be made available by Member States on rules governing the provision of short-term accommodation rental services and the data sharing obligations of short-term rental platforms. Due to the specific nature of those obligations, it should be for authorities designated by the Member State of the Single Digital Entry Point, in which the relevant unit is located, to enforce them. Member States should also lay down rules setting out penalties for the infringement of these provisions of this Regulation that apply to online short-term rental platforms and should ensure that such penalties are implemented and notified in accordance with Directive 2000/31/EC of the European Parliament and of the Council32. Such penalties should be effective, proportionate and dissuasive. These penalties should ensure an effective enforcement of this Regulation, notably as regards data sharing obligations. _________________ 32 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 124 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
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 availability, quality and usability of data relating to the provision of short-term accommodation rental services and on the content and proportionality of national, regional and local rules relating to the provision of short-term accommodation rental services. 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, including in particular the effectiveness of cross-border cooperation and enforcement mechanisms.

Amendment 125 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 126 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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 127 #

Proposal for a regulation
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 competent authorities of Member States and relevant stakeholders.

Amendment 128 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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~~, quality, usability and quantity of data. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of the competent authorities of Member States and relevant stakeholders.

Amendment 129 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 35

(35) In order to allow sufficient time for Member States to establish registration procedures, adapt existing registration procedures to the provisions of this Regulation and to establish Single Digital Entry Points, and to enable platforms and hosts to adapt to the new requirements, a period of no longer than six months should be established for the application of this Regulation ~~should be deferred~~from the date of entry into force.

Amendment 130 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 131 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to providers of online short-term rental platforms ~~that offer services to host~~and online short-term rental advertising platforms that offer services to hosts and other online short-term rental platforms providing short-term accommodation rental services in the Union, irrespective of their place of establishment.

Amendment 132 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 2 – paragraph 1 a (new)

1a. This Regulation also applies to hosts providing short-term accommodation rental services in the Union, their intermediaries and the local authorities managing the data collected, irrespective of their place of establishment.

Amendment 133 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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 134 #

Proposal for a regulation
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 135 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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, residence and tenancy;

Amendment 136 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)

(da) Union or national law regulating the development, production and dissemination of European statistics or national official statistics.

Amendment 137 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 2 – paragraph 3 – point c a (new)

(ca) Regulation (EU) No 692/2011 of the European Parliament and of the Council;

Amendment 138 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 2 – paragraph 3 – point h a (new)

(ha) Regulation (EU) No 692/2011;

Amendment 139 #

Proposal for a regulation
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 140 #

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part

Amendment 141 #

Proposal for a regulation
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 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 143 #

Proposal for a regulation
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, a short-term accommodation rental service against remuneration of any form through an online short-term rental platform;

Amendment 144 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘active hosts’ means hosts who have at least one unit listed during a period of ~~1 month~~at least a total of 15 days over the period of 1 year on an online short-term rental platform;

Amendment 145 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)

(3a) ‘property manager’ means any entity that has been retained to perform and carry out short term rentals, operation and management services at one or more of the units owned by the host;

Amendment 146 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 3 – paragraph 1 – point 5

(5) ‘short-term accommodation rental service’ means the short-term letting of a unit, against remuneration of any form, whether on a professional or non- professional basis, as further defined by national law;

Amendment 147 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)

(6a) ‘online short-term rental advertising platform’ means a service within the meaning of Article 3, point (i) and (j) of Regulation (EU) 2022/2065, that display advertising of short-term accommodation rental services on their platform but that do not allow guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services;

Amendment 148 #

Alex AGIUS SALIBA

Proposal for a regulation
Article 3 – paragraph 1 – point 7

(7) ‘registration number’ means a unique identifier issued by the competent ~~Member State~~authority, which identifies a unit in that Member State;

Amendment 149 #

Proposal for a regulation
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 start~~to obtain a registration number for offering short- term accommodation rental services through an online short term rental platform;

Amendment 150 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 start offering short-term accommodation rental services through online short-term rental platforms ;

Amendment 151 #

Proposal for a regulation
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~~in order to obtain a registration number necessary to start offering short-term accommodation rental services;

Amendment 152 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)

(8a) ‘authorisation scheme’ means the authorisation scheme within the meaning of Article 4 (6) of Directive 2006/123/EC;

Amendment 153 #

Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)

(8a) ‘authorisation scheme’ means the authorisation scheme within the meaning of Article 4 (6) of Directive 2006/123/EC;

Amendment 154 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 3 – paragraph 1 – point 10

(10) ‘competent authority’ means a national, regional or local authority of a Member State that is competent to manage and enforce registration procedures, and/or to collect data on short-term accommodation rental services and/or authorities responsible for checking compliance with the national provisions regarding ‘units’ and hosts for example with respect to country planning or building standards ;

Amendment 155 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 3 – paragraph 1 – point 10

(10) ‘competent authority’ means a national, regional or local authority of a Member State that is competent to manage ~~and~~or enforce registration procedures, and/or to collect data on short-term accommodation rental services , or is responsible for ensuring compliance with the applicable rules of the Member States concerning the access to and provision of shortterm accommodation rental services;

Amendment 156 #

Proposal for a regulation
Article 3 – paragraph 1 – point 10

(10) ‘competent authority’ means a national, regional or local authority of a Member State that is competent to ~~manage and enforce~~enforce applicable rules concerning the access to and provision of short-term accommodation rental services, including concerning registration procedures, and/or to collect data on short-term accommodation rental services;

Amendment 157 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 3 – paragraph 1 – point 11

(11) ‘activity data’ means the number of nights for which a unit is rented corresponding to the number of actual stays in the unit and the number of guests that have been declared to stayed in the unit per night, and, in accordance with Regulation (EU) 692/2011, their country or geographical area of residence;

Amendment 158 #

Proposal for a regulation
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 159 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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~~declared to stayed in ~~the unit per night~~a unit at the time the reservation is made;

Amendment 160 #

Proposal for a regulation
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~~per night that a unit was rented for;

Amendment 161 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)

(aa) the requirements on hosts underlying the registration procedures are proportionate, non-discriminatory and justified;

Amendment 162 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 163 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
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 164 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) a unit is not subject to more than one registration procedure in the sense of this Regulation. This is understood without prejudice to other possible information obligations derived from Union law, for example in the fields of taxation, population census and statistics;

Amendment 165 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 4 – paragraph 2 – point e

(e) technical means are in place to assess the validity of registration numbers in light of applicable rules concerning the access to and provision of short-term accommodation rental services;

Amendment 166 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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 pursuant to Article 11;

Amendment 167 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 4 – paragraph 2 – point f a (new)

(fa) where an authorisation scheme applies, the registration number cannot be used to start offering short-term rental accommodation services until the authorisation has been obtained;

Amendment 168 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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~~, 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 169 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 4 – paragraph 2 – point g

Amendment 170 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

(g) hosts are required, when offering their short-term accommodation rental services via an online short-term rental platform, ~~to declare whether~~and, if 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 171 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 4 – paragraph 2 – point g a (new)

(ga) registration procedures are provided for free and made available online for hosts.

Amendment 172 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. Member States shall take appropriate measures to ensure that, where an authorisation scheme applies, the issued registration number is not used to offer a unit on an online short-term rental platform until the authorisation procedure is completed.

Amendment 173 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 4 – paragraph 3

3. Member States shall ensure, where an authorisation scheme applies, that the issued registration number is not used to offer a unit on an online short-term rental platform until the authorisation procedure is completed and that hosts are able to request that the information or documentation provided pursuant to Article 5(1) and (2) can be re- used for the purposes of subsequent registrations.

Amendment 174 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 4 – paragraph 3

Amendment 175 #

Karen MELCHIOR

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. Where Member States have a public record of property ownership, they shall enable access to these records by online short-term rental platforms through an API in order to facilitate registration of properties.

Amendment 176 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. Member States may limit the validity of the registration number and request active prolongation by the host.

Amendment 177 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 178 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 1

(1) the detailed address of the unit, including floor, apartment or mailbox number, cadastral reference or any other type of information that allows its precise identification;

Amendment 179 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 1

(1) the specific address of the unit;

Amendment 180 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4

(4) the number of rooms and bed places in the unit, and the maximum number of guests that the unit can accommodate in accordance with applicable requirements;

Amendment 181 #

Proposal for a regulation
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 182 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)

(4a) whether the unit is subject to authorisation, and if so, whether the host has obtained an authorisation to offer short-term rental accommodation services from the relevant authorities, where such authorisation requirement is line with Union law;

Amendment 183 #

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)

(4a) where applicable, whether an authorisation has been granted to offer short-term accommodation rental services;

Amendment 184 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)

(4a) where applicable, if the host uses the intermediary services of a property manager;

Amendment 185 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)

(4a) any additional services offered by the host in exchange for remuneration;

Amendment 186 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 b (new)

(4b) information concerning the accessibility of the unit for persons with disabilities or with mobility issues in accordance with applicable requirements;

Amendment 187 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 c (new)

(4c) whether the unit is subject to an authorisation scheme and, where applicable, whether an authorisation has been granted;

Amendment 188 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 5 – paragraph 1 – point c – point 4 a (new)

(4a) the website’s uniform resource locator (URL), where applicable;

Amendment 189 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 5 – paragraph 2

2. Member States may require that the information submitted pursuant to p~~aragraph 1 is accompanied by appropriate supporting document~~oints 1 to 4 of subparagraph (a) and in subparagraphs (b) and (c) of 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 an automatic determination that an authorisation requirement applies, Member States may request a copy of, or reference to, the authorisation.

Amendment 190 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 191 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 5 – paragraph 2

2. Member States may require that the information submitted pursuant to paragraph 1 is accompanied by appropriate supporting documentation, including where the unit is subject to an authorisation scheme, a copy of, or reference to, the authorisation granted.

Amendment 192 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 193 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 5 – paragraph 5

5. Member States shall ensure that the information or documentation submitted pursuant to a registration procedure referred to in Article 4 is retained in a secure and confidential manner and only for a period which is necessary for the identification of the unit and for a maximum of 13 years after the host has indicated via the functionality referred to in Article 4(2), point (f) that the unit should be removed from the registry. Member States shall ensure that the information and documentation provided by the host pursuant to paragraphs 1 and 2 is only processed for the purpose of issuing the registration number and ensuring compliance with the applicable rules of the Member State concerning the access to and provision of short-term accommodation rental services.

Amendment 194 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 5 – paragraph 5 a (new)

5a. Access to the information transmitted pursuant to Article 5(1a) shall be granted to authorities tasked with developing laws, regulations or administrative provisions concerning access to and the provision of short-term accommodation rental services.

Amendment 195 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
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 and to online short-term rental advertising platforms pursuant to Article 7 of this Regulation.

Amendment 196 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
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 suspend the registration number and to ask the host to rectify the information and documentation provided via the functionality referred to in Article 4(2), point (d), within a period to be specified by the competent authority. While the registration number is suspended, That competent authority may issue an order requesting online short-term rental platforms to provide information and to remove any listings relating to the unit or units in question without undue delay.

Amendment 197 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 6 – paragraph 2

Amendment 198 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
Article 6 – paragraph 2

Amendment 199 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 200 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
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 short-term advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.

Amendment 201 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 or revoke 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 202 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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 requ~~est~~iring 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 203 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
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~~withdraw 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 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 205 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
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 platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.

Amendment 206 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 or revoke 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 207 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
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~~withdraw the affected registration numbers and to issue an order requesting online short-term rental platforms to ~~remove or disabl~~provide information and to remove access to any listing relating to the unit or units in question without undue delay.

Amendment 208 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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 requ~~est~~iring 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 209 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. Where a competent authority, after verification pursuant to paragraph 1, finds that the information given by the host pursuant to Article 5(1) conflicts with the offering of short term accommodation in a specific unit due to applicable rules of the Member State concerning the access to and the provision of short-term accommodation, it shall have the power to withdraw the affected registration numbers and to issue an order requesting online short-term rental platforms to remove any listing relating to the unit or units in question without undue delay.

Amendment 210 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 6 – paragraph 5

5. Where a competent authority ~~intend~~decides to suspend or revoke the validity of a registration number or numbers pursuant to paragraphs 2, 3 or 4, it shall notify the host in writing stating the reasons for that ~~intent~~decision. The host shall be given the opportunity to be heard and, where appropriate, to rectify the information or documentation in question within a reasonable period to be specified by the competent authority. Where, after having heard the host, the competent authority confirms its ~~intent~~decision to suspend or revoke the validity of a registration number or numbers, it shall notify the host in writing of that decision~~, accompanied by a copy of the order referred to in paragraphs 3 or 4~~.

Amendment 211 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 6 – paragraph 5

5. Where a competent authority intends to suspend ~~the validity of a~~or withdraw the registration number or numbers pursuant to paragraphs ~~3 or 4,~~2, 3, 4 or 4a (new) it shall notify the host in writing stating the reasons for that intention. The host shall be given the opportunity to be heard and, where appropriate, to rectify the information or documentation in question within a reasonable period to be specified by the competent authority. Where, after having heard the host, the competent authority confirms its intention to suspend ~~the validity of~~or withdraw a registration number or numbers, it shall notify the host in writing of that decision, accompanied by a copy of the order referred to in paragraphs ~~3 or 4~~2, 3, 4 or 4a (new).

Amendment 212 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 6 – paragraph 5 a (new)

5a. 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 213 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 6 – paragraph 6 – introductory part

6. Orders issued pursuant to paragraphs 2, 3, 4, 4 a (new) and 10 shall contain at least the following information:

Amendment 214 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 6 – paragraph 6 – introductory part

6. Orders issued pursuant to paragraphs 2, 3, 4 and 10 shall contain at least the following information:

Amendment 215 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 6 – paragraph 6 – point b

(b) clear information enabling the provider of the online short-term rental platform or 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 216 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 6 – paragraph 6 – point b

(b) clear information enabling the provider of the online short-term rental 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 217 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 6 – paragraph 6 – point c

(c) the ~~identity of the host and~~registration number of the unit offered for short-term accommodation rental services.

Amendment 218 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 6 – paragraph 7

7. The validity of a registration number shall remain suspended or withdrawn until the host has rectified the relevant information and documentation with the competent authorities. Upon reception, via the functionality referred to in Article 4(2), point (d), and verification of the accuracy, completeness and correctness of the information and documentation provided by the host, the competent authorities shall reinstate the registration number.

Amendment 219 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 6 – paragraph 10

10. Where a registration procedure applies, Member States shall ensure that national law enables competent authorities to order providers of online short-term rental platforms to ~~remove~~provide relevant information at their disposal, and to remove or disable access to listings related to units offered without a registration number or units offered with an invalid or misused registration number, such as units offered with the same registration number as another unit.

Amendment 220 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 6 – paragraph 10 a (new)

10a. Competent authorities may verify with the hosts concerned the information provided by online platforms with respect to hosts that have declared their listing exempt from the registration procedure as provided by Article 7(1)(b) and (d) and exercise, where relevant, towards the hosts concerned, the powers set out in paragraphs 2 to 9.

Amendment 221 #

Proposal for a regulation
Article 6 – paragraph 10 a (new)

10a. Where an authorisation scheme applies, Member States shall ensure that national law enables competent authorities to order providers of online short-term rental platforms to provide relevant information at their disposal, and to remove or disable access to listings related to units offered without authorisation.

Amendment 222 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 6 – paragraph 10 a (new)

10a. Where an authorisation procedure or other applicable rules apply, Member States shall ensure that national law enables competent authorities to order providers of online short-term rental platforms to provide information and, where appropriate, remove listings related to units offered without authorisation.

Amendment 223 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

(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 224 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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~~entering the registration number is mandatory in cases where the address of a specific unit is located in an area where a registration procedure has been established or applies according to Article 13(1);

Amendment 225 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 226 #

Proposal for a regulation
Article 7 – paragraph 1 – point a

(a) design and organise their online interface in a way that requires hosts to ~~self-declare whether~~provide a valid registration number when the unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established or applies;

Amendment 227 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 enables 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 ofand prior to allowing the offering of the short-term accommodation rental services with respect to that unit, check whether the registration number provided by the sho~~rt- term accommodation rental services with respect to that unit~~st is correct and valid;

Amendment 228 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 7 – paragraph 1 – point b

Amendment 229 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 7 – paragraph 1 – point c

(c) ~~make reasonable efforts to randomly check the declaration~~randomly check at least 25% of the listings ofn the ~~hosts~~platform 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~~check 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 230 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
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~~prevent the listing of a unit located in an area where a registration procedure has been established or applies without a valid registration ~~procedure~~number, taking into account the list made available pursuant to Article 13(1), point (a), and, where such a procedure exists, make reasonable efforts on a regular basis to randomly check, at least quarterly, 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 231 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Alex AGIUS SALIBA

Proposal for a regulation
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,, at least 20% of the listings on the platform on a yearly basis, concerning 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 232 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 7 – paragraph 1 – point c

Amendment 233 #

(c) make reasonable efforts to regularly carry out randomly checks of 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 234 #

Karen MELCHIOR

Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)

(ca) notify hosts when they are approaching the maximal number of allowed days of rental and prevent further rentals when the limit is reached.

Amendment 235 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)

(ca) refrain from charging more than 1% commission fee from the host by night;

Amendment 236 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 7 – paragraph 1 – point c b (new)

(cb) limit the possibility of units offered for short-term accommodation rental services to 10 units per host per country on their online interface.

Amendment 237 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 7 – paragraph 2

2. Online short-term rental platforms shall inform without delay the competent authorities, the authorities referred to in Article 14 and the hosts of the results of the random checks referred to in paragraph 1, point (c), concerning incorrect declarations of hosts ~~or invalid~~, invalid registration numbers or duplicates of registration numbers. The transmitted results shall include for all listings of the random sample the URL of the listing, the registration number and, where applicable, an indication of misuse of registration numbers.

Amendment 238 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 7 – paragraph 2

2. Online short-term rental platforms shall inform without delay the competent authorities, the authority referred to in Article 14, and the hosts of the results of the ~~random~~ checks referred to in paragraph 1, point (~~c), concerning incorrect declarations of hosts or invalid~~b), (c) and (ca), concerning invalid or misused registration numbers or duplicates of registration numbers. The transmitted results shall include for all listings of the random sample the URL of the listing, the registration number and, where applicable, an indication of misuse of registration numbers.

Amendment 239 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, René REPASI, Brando BENIFEI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 7 – paragraph 2

2. Online short-term rental platforms shall inform without delay the competent authorities, the authority considered in Article 14 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 including the number of correct advertisements.

Amendment 240 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 241 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 7 – paragraph 3

3. Online short-term rental platforms shall include, in a specific section of the online interface that is directly and easily accessible, a reference to the information to be made available by Member States pursuant to Article 17(1), and make reasonable efforts to regularly and adequately inform and update hosts of the applicability in a given area of registration procedures or data sharing obligations, or authorisation-schemes, taking into account the lists made available pursuant to Article 13(1), points (a), (b) and (c).

Amendment 242 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 7 – paragraph 3

3. Online short-term rental platforms shall include, in a specific section of the online interface that is directly and easily accessible, a reference to the information to be made available by Member States pursuant to Article 17(1), and make reasonable efforts to regularly and adequately inform and update hosts of the applicability in a given area of registration procedures or data sharing obligations or authorisation schemes, taking into account the lists made available pursuant to Article 13(1).

Amendment 243 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 7 – paragraph 3

Amendment 244 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 245 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
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 wthe~~re the unit is located, activity data per unit~~ detailed address of the unit, activity data per unit, including data, on whether the host is providing a short-term accommodation rental service on a professional or non- professional basis, 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 246 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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 247 #

Proposal for a regulation
Article 9 – paragraph 1

Amendment 248 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 wthere specific address of the unit, i~~s located,~~ncluding the exact flat number, and the 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 249 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 250 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 9 – paragraph 2

2. By way of derogation from paragraph 1, small or micro 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, including data, on whether the host is providing a short- term accommodation rental service on a professional or non-professional basis together with the corresponding registration number and detailed address of the unit 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 251 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 9 – paragraph 2

2. By way of derogation from paragraph 1, small or micro 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 specific address of the unit, including the exact flat number, and 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 252 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 253 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 9 – paragraph 2 a (new)

2a. Where a competent authority, after verification, finds that there are manifest and serious doubts as regards the correctness and completeness of the data transmitted to the Single Digital Entry Point of the Member State, it shall have the power to issue an order requesting providers of online short-term rental platforms to rectify the dataset within a reasonable period to be specified by the competent authority and inform the monitoring authority referred to in Article 14.

Amendment 254 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 9 – paragraph 2 a (new)

2a. Online short-term rental platforms shall be responsible for the correctness, completeness and accuracy of the datasets they transmit to competent authorities pursuant to this Article.

Amendment 255 #

Proposal for a regulation
Article 10 – title

10 Establishment and functionalities of the Single Digital Entry Points

Amendment 256 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 10 – paragraph 1

1. ~~Where a Member State has established one or more registration procedures pursuant to Article 8, that Member State~~The 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. Th~~at Member State shall designate the authority which will be responsible for the operation of the Single Digital Entry Point~~e Single Digital Entry Point shall only be applicable for lettings located in an area where a registration procedure applies.

Amendment 257 #

Proposal for a regulation
Article 10 – paragraph 1

1. Where a Member State has established one or more registration procedures pursuant to Article 8, that Member State shall establish a Single Digital Entry Point for the receipt and forwarding of activity data, the relevant registration number, the specific address of the unit 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 Point.

Amendment 258 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 10 – paragraph 2 – point a

(a) provide a technical interface for online short-term rental platforms enabling the machine-to-machine and manual transmission of activity data, the relevant registration number, the specific address of the unit and the URL of the listings;

Amendment 259 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
Article 10 – paragraph 2 – point b

(b) facilitate random checks by online short-term rental platforms and by online short-term rental advertising platforms pursuant to Article 7(1), point (c) of the validity of registration numbers provided by hosts;

Amendment 260 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 validity of registration numbers provided by hosts~~b), (c) and (ca);

Amendment 261 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 10 – paragraph 2 – point c

(c) provide a technical interface for the competent authorities referred to in Article 12 to receive activity data, the relevant registration number, the specific address of the unit and the URL of listings transmitted by online short-term rental platforms only for the purposes identified in Article 12(2) for units in their territory.

Amendment 262 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 10 – paragraph 3 – introductory part

3. ~~Member States shall ensure that t~~The Single Digital Entry Point referred to in paragraph 1 shall provides for:

Amendment 263 #

Proposal for a regulation
Article 10 – paragraph 3 – point c

(c) confidentiality, integrity and security of the processing of the activity data and registration numbers, the specific address of the units and the URL of the listing transmitted by online short- term rental platforms in accordance with Article 9.

Amendment 264 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 10 – paragraph 4

4. The Single Digital Entry Point referred to in paragraph 1 shall not store information containing personal data. It shall ensure the automatic, intermediate and transient processing of personal data that is strictly necessary for the purpose of giving access to the authorities referred to in Article 12 to activity data, registration numbers, the detailed address of the unit and URL of listings provided by online short-term rental platforms.

Amendment 265 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 10 – paragraph 5

5. The Commission may adopt implementing acts laying down common technical specifications and procedures to ensure interoperability of solutions for the functioning of the Single Digital Entry Points and the seamless exchange of data, including the structure of the registration numbers. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2).deleted

Amendment 266 #

Proposal for a regulation
Article 10 – paragraph 5

5. The Commission may adopt implementing acts laying down common technical specifications and procedures to ensure interoperability of solutions for the functioning of the Single Digital Entry Points and the seamless exchange of data, including the structure of the registration numbers and the detailed addresses of the units. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2).

Amendment 267 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 10 – paragraph 5

5. The Commission may ~~adopt~~, by means of implementing acts, lay~~ing~~ down common technical specifications and procedures to ensure interoperability of solutions for the functioning of the Single Digital Entry Points and the seamless exchange of data, including the structure of the registration numbers. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2).

Amendment 268 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 11

Coordination of Single Digital Entry 1. Each Member State shall appoint a national coordinator. Those national coordinators shall act as contact points for their respective administrations for all matters relating to the Single Digital Entry Point. The national coordinator for each Member State shall be responsible for contacts with the Commission in respect of all matters relating to the Single Digital Entry Point. Each Member State shall inform the other Member States and the Commission of the name and contact details of its national coordinator. The Commission shall keep and maintain a list of the national coordinators and their contact details. 2. The Single Digital Entry Points coordination group (‘the coordination group’) is hereby established. The coordination group shall be composed of the national coordinator from each Member State and shall be chaired by the Commission. The coordination group shall adopt its rules of procedure. The Commission shall support the functioning of the coordination group. 3. The coordination group shall support the implementation of the provisions of this Regulation concerning the Single Digital Entry Points. In particular, the coordination group shall perform the following tasks: (a) facilitate the exchange of best practices on matters related to the coordination of the implementation at national level, in particular as regards the provisions set out in Article 10; (b) assist the Commission in promoting the use of interoperability solutions for the functioning of the Single Digital Entry Points and the exchange of data; (c) assist the Commission in developing a common approach to message format for the transmission of activity data and registration numbers and a common structure of the registration numbers.Article 11 deleted Points

Amendment 269 #

Proposal for a regulation
Article 12 – paragraph 2 – point b

(b) implementing rules governing the access to and the provision of short-term accommodation rental services, ~~provided that those rules are non-discriminatory, proportionate and comply~~in line with Union law.

Amendment 270 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
Article 12 – paragraph 2 – point b

(b) implementing rules governing the access to and the provision of short-term accommodation rental services, ~~provided~~with clear prerequisite that those rules are non- discriminatory, proportionate and comply with Union law.

Amendment 271 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 12 – paragraph 2 – point b a (new)

(ba) use this to confirm compliance with other national regulations and transmit it, where necessary, to the respective authorities responsible for the implementation of this Regulation (for example, national rules on country planning or building).

Amendment 272 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
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 13 years 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 273 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 12 years 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 274 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 year~~6 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 275 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 12 – paragraph 3 – point a – indent 1 (new)

- activity data, including data, on whether the host is providing a short-term accommodation rental service on a professional or non-professional basis

Amendment 276 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 12 – paragraph 3 – point a – indent 2 (new)

- the corresponding registration number

Amendment 277 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 12 – paragraph 3 – point a – indent 3 (new)

- the URL of the listing

Amendment 278 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 12 – paragraph 3 – point a – indent 4 (new)

- the detailed address of the unit

Amendment 279 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 12 – paragraph 3 – point b – indent 1 (new)

- activity data, including data, on whether the host is providing a short-term accommodation rental service on a professional or non-professional basis

Amendment 280 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 12 – paragraph 3 – point b – indent 2 (new)

- the corresponding registration number

Amendment 281 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 12 – paragraph 3 – point b – indent 3 (new)

- the URL of the listing

Amendment 282 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 12 – paragraph 3 – point b – indent 4 (new)

- the address of the unit up to the postal code

Amendment 283 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 (new)

Those competent authorities shall not share any data that can identify individual units or hosts, including registration numbers, the URL of the listings and the detailed address. By way of derogation, those competent authorities may share with authorities referred to in letter (a) of this paragraph the information contained in Article 5(1) (a) points 1-4(c), in accordance with the laws of the Member State and subject to appropriate safeguards for personal data protection.

Amendment 284 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 12 – paragraph 4

4. ~~Member States~~The 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 285 #

Proposal for a regulation
Article 12 – paragraph 4

4. Member States shall ~~aggregate~~transmit the 4. activity data obtained pursuant to Article 9 ~~and transmit it~~ on a monthly basis to national and, where relevant, to regional 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, andshall~~ include information on the total number of units , on the yearly average remunerationand on the maximum number of guests that the unit can accommodate in each geographical subdivision. Th~~osedata shall be broken down by the type of unit as described in Article 5(1), point (a),~~e transmission of activitydata shall be subject to appropriate safeguards in terms of personal data protection in line with Union law ofn th~~is Regulation~~e protection of personal data. Member States shall designate the national entity responsible for ~~aggrega~~transmittingactivity data ~~and transmitting itto nat~~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 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 286 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 12 – paragraph 4

4. Member States shall ~~aggregate the activity data obtained pursuant to Article 9 and transmit it~~designate the national entity responsible for transmitting, for each unit, the activity data and the registration numbers obtained pursuant to Article 5 and 9, the municipality where the unit is located and the maximum number of guests that the unit can accommodate in accordance with the requirements set by the competent authorities in the matter, on a monthly basis to national and, where relevant, regional statistical offices and make available to 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 Stcess to the data referred to above by the national or regional statistical offices shall be subject to appropriates s~~hall designate the national entity responsible for aggregating activity data and transmitting it to national statistical offices and Eurostat~~afeguards for data protection. _________________ 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 287 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. Member States shall draw up and make publicly available, free of charge, and regularly updated the following lists:

Amendment 288 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)

(aa) list of areas where an authorisation scheme applies in their territory;

Amendment 289 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)

(aa) list of areas where an authorisation scheme applies in their territory;

Amendment 290 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 13 – paragraph 1 a (new)

1a. list of areas where a ban on short- term accommodation rental services applies in their territory;

Amendment 291 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Article 13 – paragraph 2 a (new)

2a. Competent authorities may develop guidelines on applicable legislative, regulatory or administrative measures relating to access to and provision of short-term accommodation rental services.

Amendment 292 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 13 – paragraph 2 b (new)

2b. Member States may regularly hold consultations with the Commission and with relevant stakeholders in relation to the interpretation and the impact of applicable legislative, regulatory or administrative measures relating to access to and the provision of short-term accommodation rental services.

Amendment 293 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 13 – paragraph 2 c (new)

2c. The Commission may develop training and resources on the Union law and case law relating to access to and the provision of short-term accommodation rental services, particularly targeted at national coordinators and competent authorities.

Amendment 294 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 14 – paragraph 1

Each Member State shall designate an authority, which shall monitor the implementation of the obligations laid down by this Regulation on their territory and report on this implementation every ~~two~~ years to the Commission.

Amendment 295 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 296 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 15 – paragraph 1

1. For the purpose of the enforcement of Article 7(1) of this Regulation, Chapter IV of Regulation (EU) 2022/2065 shall apply, and any references therein to compliance with the relevant provisions of Regulation (EU) 2022/2065 shall be deemed to include Article 7(1) of this Regulation. To the extent that powers are conferred upon the Commission under Chapter IV of Regulation (EU) 2022/2065, they shall also cover the application of Article ~~7(1)~~s 6, 7 and 9 of this Regulation.

Amendment 297 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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 298 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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(2), 7(3)~~6, 7 and 9 of this Regulation.

Amendment 299 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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.

Amendment 300 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI

Proposal for a regulation
Article 16 – paragraph 2

2. Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply.

Amendment 301 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 302 #

Proposal for a regulation
Article 18 – paragraph 1

1. No later than 53 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, the European Committee of the Regions 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 303 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 304 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 18 – paragraph 1

1. No later than 53 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 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 306 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Article 18 – paragraph 2 – point b

(b) the impact of this Regulation on the availability, quality and usability of data relating to the provision of short-term accommodation rental services offered in the Union by hosts through online short- term rental platforms; and

Amendment 307 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 18 – paragraph 2 – point b

(b) the impact of this Regulation on the availability , quality, usability and quantityof data relating to the provision of short-term accommodation rental services offered in the Union by hosts through online short-term rental platforms~~; and~~

Amendment 308 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 309 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

(c) ~~to the extent possible,~~ the impact of this Regulation on the ~~content and proportionality of national~~degree of compliance with applicable legislative, regulatory or administrative measures relating to access to and the provision of short-term accommodation rental services, ~~including where such services are provided~~and on cross-border enforcement.

Amendment 310 #

Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Isabella TOVAGLIERI

Proposal for a regulation
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.

Amendment 311 #

Proposal for a regulation
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 Article 9 shall apply from [OP please insert date = 24 months after the date of entry into force of this Regulation].

Amendment 312 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 19 – paragraph 2

It shall apply from [OP please insert date = 124 months after the date of entry into force of this Regulation].

Amendment 313 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
Article 19 – paragraph 2

It shall apply from [OP please insert date = 2436 months after the date of entry into force of this Regulation].

Amendment 314 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Article 19 – paragraph 2

It shall apply from [OP please insert date = 124 months after the date of entry into force of this Regulation].

Amendment 64 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 65 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 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, given that it represents one of the main causes of the decrease of available long-term housing on the market and of the increase in rents and housing prices, and can have a negative impact on liveability in urban and tourist centres. One of the main challenges 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 and proportionate policy responses.

Amendment 66 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 1

Amendment 67 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 the refusal by some platforms to comply with existing obligations for data sharing and suspending or withdrawing listings, 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~~nd continue upholding the UN Sustainable Development Goals, in particular the safe and affordable housing target, and the human right to access to decent and affordable housing, a uniform and targeted set of rules should be established at Union level. Short-term accommodation rental services through platforms and their impact should not undermine the high level of acceptance of tourism in the regions and cities of Europe or degrade the habitability of neighbourhoods.

Amendment 68 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
Recital 2

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 70 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, Brando BENIFEI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 3

Amendment 71 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 72 #

Proposal for a regulation
Recital 3

Amendment 73 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
Recital 3 a (new)

Amendment 74 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 75 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 ~~. T~~. In this respect, the Court of Justice of the European Union has acknowledged that setting up national legislations requiring authorisation schemes or permits for the short-term letting of residential properties is consistent with Union law, given that a housing shortage and shortage of long- term housing rentals constitute ‘an overriding reason relating to the public interest’. Therefore, 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 76 #

Kateřina KONEČNÁ, Martin SCHIRDEWAN, Anne-Sophie PELLETIER

Proposal for a regulation
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 or restrictions by area or type of building, 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 Council~~25. T~~. In this respect, the Court of Justice of the European Union has acknowledged that combatting housing shortage is an overriding reason of public interest justifying the setting up of authorisation schemes to provide short-term rental accommodation services. Therefore, 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 77 #

Proposal for a regulation
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 #

Adriana MALDONADO LÓPEZ, Alicia HOMS GINEL, Christel SCHALDEMOSE, Maria GRAPINI, René REPASI, Clara AGUILERA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
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 6

(6) This Regulation should apply to services consisting in the short-term letting of furnished accommodation, against remuneration, or some sort of compensation, for example in the form of credit points, 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. 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 80 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
Recital 6

(6) This Regulation should apply to services consisting in the short-term letting of furnished accommodation, against remuneration of any form, 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. 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 81 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 82 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 of any formare 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 83 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 pursuant to this Regulation is understood without prejudice to other possible information obligations, for example in the fields of taxation, population census and statistics.

Amendment 84 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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 85 #

Proposal for a regulation
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. Hosts should be able to submit all required documents digitally. However, an offline service for the submission of documents should still be made available, taking into account the needs of the less digitally-skilled or equipped, especially the elderly. _________________ 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 86 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 #

Barbara THALER, Pablo ARIAS ECHEVERRÍA, Andreas SCHWAB

Proposal for a regulation
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 88 #

Brando BENIFEI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Alex AGIUS SALIBA

Proposal for a regulation
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~~specific address, the cadastral reference, the type (e.g. house, apartment, room, shared room, or relevant category provided in national law) and characteristics of the unit.. Such information is needed to ensure traceability of hosts and units offered. Where relevant, hosts shall also indicate whether they have obtained an authorisation to provide services in accordance with Article 9 of Directive 2006/123/EC, granted that such authorisation requirement is line with Union law, and may be required to submit a copy of, or reference to, the authorisation granted. Information on the rights of hosts with regards to the authorisation scheme as well as to the means of redress available in the event of dispute, should be easily available to hosts as provided for by Directive 2006/123/EC. 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.

Amendment 89 #