Changes from plenary report to adopted text

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].