Changes from plenary report to adopted text

RemovedRecital 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 th…

RemovedRecital 6: (6) This Regulation should apply to services consisting in the short-term letting of furnished accommodation, against remuneration, including any sort of compensation, whether on a professional or non-professional basis, and as further defined under 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.

RemovedRecital 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 remuneration (for example, online platforms intermediating the exchange of dwellings) are not covered by these rules.

RemovedRecital 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. Registration obligations, established under this Regulation should be without prejudice to other possible information obligations derived from Union or national law, arising from taxation, population censuses and the collection of statistics.

RemovedRecital 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 precise 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 Council28 to complete those registration procedures. Registration should be free of charge and ensure that hosts can submit all required documentation digitally. However, an offline service should still be available to cater for the needs of less-digitally skilled or equipped users, especially the elderly.

RemovedRecital 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 specific address of the unit, the type (e.g. house, apartment, room, shared room, or other relevant categories) and characteristics of the unit. To enable the unit to be identified precisely, specific information should be required from the host, such as the apartment and mailbox number and the floor that the unit is on. Such information is needed to ensure traceability of hosts and units offered. The description of the unit’s characteristics should include an indication of whether the unit is offered in whole or part and whether the host uses the unit for residential purposes as a primary or secondary residence or for other purposes. Hosts should also provide information on the maximum number of guests that the unit is capable of accommodating by specifying for example the number of rooms and the number of bed places in the unit.

RemovedRecital 11 a (new): (11a) This Regulation does not affect the possibility for Member States to adopt and maintain market access requirements relating to the provision of short-term rental accommodation services in accordance with Directive 2006/123/EC of the European Parliament and of the Council However, rules under this Regulation should clarify that the automatic issuance of a registration number is without prejudice to the assessment of compliance by the hosts with market access requirements that may apply. Where relevant, it should also be possible for hosts to be required to indicate whether they obtained an authorisation to provide the service of short-term rental accommodation in accordance with Directive 2006/123/EU. Requirements to submit additional information and documentation should not be used to circumvent rules applicable under the Directive 2006/123/EU.

RemovedRecital 12: (12) It should be possible for Member States to require hosts to submit additional information and documentation attesting compliance with requirements established by national law, such as health and safety and consumer protection requirements. Member States may, in particular, in order to ensure equal access and inclusion, require hosts to provide information concerning the accessibility for persons with disabilities of the units offered for short-term accommodation rental services in relation to national or local accessibility requirements. Member States should be able to enable hosts to declare whether additional services are offered in return for remuneration. However, any requirements should comply with the principles of non-discrimination and proportionality, meaning that they must be appropriate and necessary to achieve a legitimate regulatory objective, and with the Treaty on the Functioning of the European Union and Directive 2006/123/EC. Furthermore, Member States should be able to impose information requirements on hosts that comply with Union law concerning issues not covered by this Regulation, such as non-remunerated stays including where hosting arrangements concern vulnerable individuals, such as refugees or beneficiaries of temporary protection.

RemovedRecital 13: (13) Where the information and documentation provided by hosts via the registration procedure is valid for a limited period of time, for example in the case of an identity document or a fire or other safety certificate, hosts should be able to update the information or documentation. Where a host fails to submit the updated information and documentation, the competent authorities should have the power to suspend the validity of the registration number until the updated information or documentation has been submitted. The information and documentation submitted by the host should be retained for the entire period of validity of the registration number and for a maximum period of 18 months following the host’s request for removal of a unit from the registry, in order to allow competent authorities to perform any relevant checks even after the removal of the unit from the registry.

RemovedRecital 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 be specified by competent authorities, to rectify the information and documentation submitted which a competent authority considers to be incomplete or inaccurate. 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. In the event of wilful misconduct or gross negligence, it should also be possible for competent authorities to take further action to prevent the commercialisation of a unit. 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 …

RemovedRecital 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 provide further information regarding a specific unit and to remove listings related to units offered without a registration number or offered with an invalid registration number.

RemovedRecital 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 on a regular basis. This should not amo…

RemovedRecital 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 the unit was rented to per night, the specific address of the unit, the registration number and the URL of the listing of the unit, which is needed in order to allow 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. Without prejudice to the exemption from liability, laid down in Regulati…

RemovedRecital 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.

RemovedRecital 20: (20) Online short-term rental platforms that qualify as small or micro enterprises within the meaning of Commission Recommendation 2003/361/EC29 should be able not to use machine-to-machine communication means of data-sharing, provided that they did not, in the previous quarter, reach a monthly average of minimum 2 500 active hosts in the Union. Allowing such online short-term rental platforms to use manual means to share data with the Single Digital Entry Point reduces their compliance burden and takes account of their financial or technical resources, while still ensuring that competent authorities obtain the relevant data. The assumption is that online short-term rental platforms that are small or micro enterprises within the meaning of Recommendation 2003/361/EC and that reach or exceed this threshold should already have in place systems that allow to comply with machine-to-machine transmission requirements.

RemovedRecital 21: (21) Online short-term rental platforms should be required to fulfil the reporting obligations with respect to the short-term accommodation rental services that they intermediate for units located in an area where a registration procedure has been established, and provided that the Single Digital Entry Point has been established by the Member State. Collecting and sharing this information is necessary to enable competent authorities to monitor compliance with the registration procedures applicable to hosts and to enable Member States to develop and enforce appropriate and proportionate policies in the area of short-term accommodation rental services. It is essential to ensure that online short-term rental platforms design their interfaces in a way to facilitate submission of information so as to ensure that hosts can provide all the relevant information prior to listing. At the same time, hosts should remain primarily responsible for compliance of their activity with applicable rules.

RemovedRecital 24: (24) In order to ensure uniform conditions for the implementation of the technical solutions supporting the exchange of data and to promote the interoperability of the national Single Digital Entry Points, implementing powers should be conferred on the Commission to lay down, where necessary, the applicable standards and interoperability requirements. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council30 . It is of particular importance that the Commission carries out appropriate consultations during its preparatory work with all relevant stakeholders.

RemovedRecital 26: (26) A proportionate, limited and predictable framework at Union level is necessary in order to ensure that 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 comply with Union law, including the rules on free movement of services, freedom of establishment, and the rules in Directive 2006/123/EC. 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, includi…

RemovedRecital 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 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 down in Regulation (EU) 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.

RemovedRecital 28: (28) Member States should provide the necessary information 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. This information is also essential to allow better enforcement of the Regulation by the Commission.

RemovedRecital 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 18 months.

RemovedRecital 30: (30) Member States should ensure an effective enforcement of this Regulation. The authorities entrusted with the enforcement of Regulation (EU) 2022/2065 should ensure that the obligations laid down in this Regulation for providers of online short-term rental platforms concerning the design of the interface of online short-term rental platforms with regard to the registration number of any host, as defined in this Regulation, are complied with in accordance with the powers and procedures laid down in Chapter IV of Regulation (EU) 2022/2065. In accordance with Regulation (EU) 2022/2065, therefore, the competent digital services coordinators or the Commission should be empowered to enforce the compliance by design obligation laid down in this Regulation in accordance with the allocation of competences laid down in Chapter IV of Regulation (EU) 2022/2065. Consequently, the Commission should be empowered to adopt direct enforcement measures only with regard to very large online platforms designated pursuant to the Regulation (EU) 2022/2065.

RemovedRecital 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 of 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.

RemovedRecital 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, any effects of the increased availability and usability of data relating to the provision of short-term accommodation rental services and, specifically, as regards the degree to which data can be accessed and used for policy making and enforcement purposes, as well as 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 the effectiveness of cross-border cooperation and enforcement mechanisms.

RemovedRecital 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, the application of this Regulation should be deferred 18 months from the date of entry into force.

RemovedRecital 36: (36) Since the objectives of this Regulation, namely contributing to the proper functioning of the internal market in relation to the provision of short-term accommodation rental services provided by online short-term rental platforms cannot be sufficiently achieved by the Member States, but can rather, by reason of scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

RemovedRecital 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 by being responsible for the supervision of the processing of personal data carried out in the context of this Regulation.

RemovedArticle 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, housing and tenancies;

RemovedArticle 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.

RemovedArticle 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, on a regular or on a temporary basis, directly or through an intermediary, a short-term accommodation rental service against remuneration through an online short-term rental platform;

RemovedArticle 3 – paragraph 1 – point 7: (7) ‘registration number’ means a unique identifier issued by the competent authority which identifies a unit in that Member State;

RemovedArticle 3 – paragraph 1 – point 8: (8) ‘registration procedure’ means any procedure by which hosts must provide specific information and documentation to the competent authorities to obtain, automatically and immediately, a registration number in order to offershort-term accommodation rental services;

RemovedArticle 3 – paragraph 1 – point 8 a (new): (8a) ‘authorisation scheme’ means an authorisation scheme within the meaning of Article 4(6) of Directive 2006/123/EC;

RemovedArticle 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 applicable rules, and/or to collect data on short-term accommodation rental services;

RemovedArticle 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 the unit was rented to per night, and their country of residence, in accordance with Regulation (EU) 692/2011;

RemovedArticle 4 – paragraph 2 – point b: (b) registration procedures are provided online, free of charge, 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);

RemovedArticle 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.

RemovedArticle 4 – paragraph 4 a (new): 4a. Member States shall ensure that hosts are able to submit all required documents as part of the registration process in a digital format. Member States may also retain the possibility for hosts to submit all required documents offline.

RemovedArticle 5 – paragraph 1 – point a – point 1: (1) the specific address of the unit including, where relevantthe apartment and mailbox number and the floor that the unit is on, or any other type of information that allows its precise identification;

RemovedArticle 5 – paragraph 1 – point a – point 4 a (new): (4a) where applicable, whether the host has obtained an authorisation, under an authorisation scheme, to offer short-term rental accommodation services from the relevant competent authority;

RemovedArticle 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. With respect to information referred to in paragraph 1(a), point (4a) of this Article, Member States may request a copy of, or a clear reference to, the authorisation.

RemovedArticle 5 – paragraph 3: 3. Where a Member State requires hosts to submit further information and documentation, including on compliance of the unit declared with accessibility requirements for persons with disabilities, the submission of that information and documentation is without prejudice to the issuance of the registration number in accordance with Article 4(2), point (b). Member States may also enable hosts to declare additional services ancillary to the short-term rental services.

RemovedArticle 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 18 months 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.

RemovedArticle 6 – paragraph 2: 2. Where a competent authority, after verification pursuant to paragraph 1, finds that the information or documentation submitted pursuant to Article 5(1) and 5(2) is incomplete or incorrect, that competent authority shall have the power to ask the host to rectify the information and documentation provided via the functionality referred to in Article 4(2), point (d), within a reasonable period of time to be specified by the competent authority.

RemovedArticle 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.

RemovedArticle 6 – paragraph 5: 5. Where a competent authority suspends the registration number or numbers pursuant to paragraphs 3 or 4, it shall notify the host in writing stating the reasons for that decision and provide a copy of the orders issued in accordance with this Article. 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 decision 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.

RemovedArticle 6 – paragraph 5 a (new): 5a. Where it is established by a competent authority that the host has failed, through wilful misconduct or gross negligence, to rectify the information requested pursuant to paragraph 2 or provided inauthentic or invalid information as referred to in paragraph 4, the competent authority may take appropriate further action to prevent the commercialisation of a unit.

RemovedArticle 6 – paragraph 6 – point c: (c) where available, the identity of the host and the registration number of the unit offered for short-term accommodation rental services, or, where applicable, any other information that may help identify the host and unit.

RemovedArticle 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 provide the requested information and remove listings related to units offered without a registration number or offered with an invalid registration number, or related to units in respect of which misuse of a registration number, such as its use for more than one listing, has occurred.

RemovedArticle 7 – paragraph 1 – point a a (new): (aa) upon receiving the information referred to in point (a) and prior to allowing the host concerned to use its services, , through the lists made available pursuant to Article 13(1), point (a) make best efforts to assess whether the information referred to in point (a), for the accuracy and reliability of which hosts are responsible for the purposes of this Regulation, is reliable and complete;.

RemovedArticle 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 of the short-term accommodation rental services with respect to that unit, and publish that registration number clearly as part of the listing;

RemovedArticle 7 – paragraph 1 – point c: (c) make reasonable efforts to randomly check on a regular basis, the listings on the 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 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.

RemovedArticle 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, the multiple use of a single registration number, or invalid registration numbers.

RemovedArticle 7 – paragraph 3: 3. Online short-term rental platforms shall adequately inform hosts of the applicability in a given area of registration procedures or data sharing obligations, taking into consideration the lists provided pursuant to Article 13, and the information to be made available by Member States pursuant to Article 17(1), point 1.

RemovedArticle 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, the specific address of the unit, 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.

RemovedArticle 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, 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.

RemovedArticle 9 – paragraph 2 a (new): 2a. Online short-term rental platforms shall be responsible for the completeness and accuracy of the datasets they transmit to competent authorities pursuant to this Article.

RemovedArticle 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.

RemovedArticle 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 and the URL of the listingsThe technical interface shall be designed in accordance with the common specifications referred to in paragraph 5 of this Article;

RemovedArticle 10 – paragraph 2 – point b: (b) facilitate random checks by online short-term rental platforms pursuant to Article 7(1), points (b) and (c) of the validity of registration numbers provided by hosts;

RemovedArticle 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;

RemovedArticle 10 – paragraph 2 – point c a (new): (ca) facilitate the sharing of the information referred to in Article 13.

RemovedArticle 10 – paragraph 3 – point c: (c) confidentiality, integrity and security of the processing of the activity data, registration numbers, the specific address of the unit, and the URL of the listing transmitted by online short-term rental platforms in accordance with Article 9.

RemovedArticle 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, specific address of the unit, and URL of listings provided by online short-term rental platforms.

RemovedArticle 10 – paragraph 5: 5. The Commission 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 common specifications to establish a standardised structure of registration numbers, to develop an Application Programming Interface for platforms to connect with in order to share data with national Single Digital Entry Points and to ensure full interoperability. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2).

RemovedArticle 11 – paragraph 2: 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. The coordination group may, where relevant, consult relevant stakeholders with regard to specific points, including the harmonised format of data sharing.

RemovedArticle 12 – paragraph 2 – point b: (b) implementing rules governing the access to and the provision of short-term accommodation rental services, in line with Union law.

RemovedArticle 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 18 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, and relevant information transmitted pursuant to Article 5(1), point (a), including registration numbers and URLs, in particular with the following:

RemovedArticle 12 – paragraph 4: 4. Member States shall transmit aggregated 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 and their transmission shall be in line with Union law on protection of personal data. Member States shall designate the national entity responsible for aggregating activity data and transmitting it to national or regional statistical offices and Eurostat.

RemovedArticle 13 – paragraph 1 – introductory part: 1. Member States shall draw up and make publicly available, free of charge, and regularly update the following lists:

RemovedArticle 13 – paragraph 2: 2. Competent authorities shall promote awareness of the rights and obligations under this Regulation in their respective territories and shall provide information necessary to enable public authorities, online short-term rental platforms and hosts, to understand the rules, procedures and requirements of this Regulation relating to the provision of short-term accommodation rental services within their territories. Competent authorities shall regularly update the information available on the Single Digital Gateway.

RemovedArticle 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 18 months to the Commission.

RemovedArticle 15 – paragraph 2: 2. Authorities designated by the Member State of the relevant Single Digital Entry Point shall be competent to enforce Articles 6, 7(2), 7(3) and 9 of this Regulation.

RemovedArticle 15 – paragraph 3: 3. Member States shall lay down rules on penalties applicable to infringements by online short-term rental platforms of Articles 6(10), 7(1), 7(2), 7(3) and 9. Member States shall ensure that those penalties are effective, proportionate and dissuasive.

RemovedArticle 18 – paragraph 1: 1. No later than 4 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 and the data transmitted to Eurostat in accordance with Article 12(4).

RemovedArticle 18 – paragraph 2 – point b a (new): (ba) the extent to which online short-term rental platforms comply with the obligations laid down under this Regulation, taking into consideration reporting by competent authorities; and

RemovedArticle 18 – paragraph 2 – point c: (c) to the extent possible, the impact of this Regulation on the design, enforcement, and proportionality of national legislative, regulatory or administrative measures relating to access to and the provision of short-term accommodation rental services;

RemovedArticle 18 – paragraph 2 – point c a (new): (ca) the effectiveness of enforcement and cooperation at cross-border level where short-term accommodation rental services are provided cross-border; and

RemovedArticle 18 – paragraph 2 – point c b (new): (cb) the need to establish a centralised Single Digital Entry Point at Union level in order to provide for a unique interface for short-term rental platforms and ease the sharing of activity data.

RemovedArticle 19 – paragraph 2: It shall apply from [OP please insert date = 18 months after the date of entry into force of this Regulation].

RemovedI. Introduction

RemovedThe recent growth of online short-term rental accommodation services has impacted society in many aspects: positively from a tourism development perspective with more variety in offers, but also negatively by extracting long-term housing from the market in popular tourist destinations, increased housing prices, and a loss of grip on where tourism activity takes place, with impact on the liveability of some areas with noise disturbances or closure of convenience stores.

RemovedThis growing phenomenon has led several cities and regions to adopt local rules to restrict market access to the provision of short-term rental accommodations services in accordance with the Services Directive for numerous reasons. It should be noted that , in this context, the Cali Apartments case (cases C-724/18 and C-727/18) the Court explicitly recognised that combating the long-term rental housing shortage constitutes an overriding reason relating to the public interest under the Services Directive. This means that local authorisation schemes can be justified for this reason under the Services Directive.

RemovedHowever, despite local rules to combat these problems, enforcement of those is nearly impossible without cooperation of the online short-term holiday rental platforms. Competent authorities need access to relevant data to enforce local rules and currently rely on the good will of online short-term rental platforms to share those.

RemovedThe Rapporteur welcomes therefore the Commission proposal; this being a long-standing call from the Parliament in its Resolution on access to decent and affordable housing for all, as well as from alliance of cities impacted by the growth of the sector and various stakeholders within the sector. The draft report intends however to clarify few points and reinforce obligations on the platforms to ensure compliance with the provisions laid down under this Regulation, in particular with regard to the issue of illegal listings.

Removed On registration procedures: Any registration procedure established in a Member State must comply with the requirements set under this Regulation and provide for the automatic issuance of a registration number - while for some existing procedures, this is currently done ex-ante. In view of clarifying how such registration procedure is interlinked with authorisation schemes when they are in place, the Rapporteur proposes amendments to Article 4 and Article 5. Furthermore, when it comes to information to be provided by hosts as part of the registration procedures, she recommends to expand the list of information that allow the precise identification of a unit.

Removed Verification by competent authorities: this is the view of the Rapporteur that to counterbalance the automatic issuance of a registration number that greater powers should be given to competent authorities in case of incorrect information or serious doubts about validity of a registration number, such as granting them possibility to withdraw the validity of such number, as well as possibility to request online short-term rental platforms to provide further information and remove access to the illegal listings.

Removed Compliance by design: this point is key to ensure that hosts and platforms comply with the provisions under this Regulation. Building on the information submitted by Member States under Article 13, platforms should design their online interface in a way that requires hosts to provide a registration number for areas where such a procedure exists, and not only self-declare. Furthermore, random checks are crucial to detect illegal listings and should be performed on a regular basis.

Removed The Rapporteur agrees with the Commission’s approach that this Proposal does not regulate the adoption of local rules by competent authorities under the Services Directive and proposes some improvements in this respect: adoption of such rules by competent authorities are done under the Services Directive and notified in this respect. We should avoid creating confusion on this particular point.

Removed Evaluation: the Rapporteur introduces some modifications with regard to the evaluation by shortening the period from 5 to 4 years to assess how effective this Regulation has been in helping competent authorities to enforce rules regulating market access for short-term rental accommodation services due to the quality and availability of data submitted by online platforms, but also to evaluate the extent to which online platforms cooperate in this respect.

Removed Date of application: In order not to delay further the implementation of this long-awaited Proposal, the date of application is shortened from 24 to 18 months.