Changes from report parliamentary committee draft to plenary report

RemovedArticle 4 – paragraph 2 – point da (new): (da) technical means are in place to exclude specific addresses or specific areas from the registration procedure due to applicable rules;

AddedRecital 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.

RemovedArticle 4 – paragraph 2a (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.

AddedRecital 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.

RemovedArticle 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;

AddedRecital 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.

RemovedArticle 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;

AddedRecital 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.

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 suspend the validity of the registration number and 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.

AddedRecital 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 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 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.

AddedArticle 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 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 withdraw 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, as well as remove or disable access to any listing relating to the unit or units in question without undue delay.

AddedArticle 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 6 – paragraph 5: 5. Where a competent authority suspends or withdraws 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 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 or annuls its decision for suspension or withdrawal of the validity of a registration number or numbers, it shall notify the host in writing of that decision.

AddedArticle 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 6 – paragraph 6 – introductory part: 6. Orders issued pursuant to paragraphs 2, 3, 4, 10 and 11 shall contain at least the following information:

AddedArticle 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 6 – paragraph 6 – point c: deleted

AddedArticle 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 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.

AddedArticle 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;

Change 11

ChangedArticle 63 – paragraph 10: 10. Where a registration procedure applies,1 Member– Statespoint shall10: ensure(10) that‘competent nationalauthority’ lawmeans enablesa competentnational, authoritiesregional toor orderlocal providersauthority of online short-term rental platforms to provide requesteda informationMember andState removethat listingsis relatedcompetent to units offeredmanage withoutand aenforce registration number,procedures, orensure offeredcompliance with an invalid registration number,applicable orrules, relatedand/or to units in respect of which misuse of a registration number, such as multiple listings with thecollect samedata singleon registrationshort-term number,accommodation hasrental occurred.services;

Change 12

RemovedArticle 6 – paragraph 10a (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.

AddedArticle 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;

Change 13

ChangedArticle 74 – paragraph 12 – point -ab: (new):(b) (-a)registration informprocedures theare hostsprovided online, free of thecharge, applicableand registrationallow procedures,for authorisationthe schemesautomatic and zoneimmediate bansissue inof thea territoryregistration wherenumber thefor a specific unit thatupon theythe aresubmission offering,by orthe intendhost toof offer,the forinformation short-termreferred accommodationto rentalin servicesArticle is5(1) located,and, takingwhere intoappropriate, considerationany thesupporting listdocumentation providedrequired pursuant to Article 13 of this Regulation.5(2);

Change 14

RemovedArticle 7 – paragraph 1 – point a: (a) design and organise their online interface in a way that requires hosts to 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 taking into account the list made available pursuant to Article 13(1)(a) and (aa);

AddedArticle 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 7 – paragraph 1 – point b: deleted

AddedArticle 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 7 – paragraph 1 – point c: (c) prevent the listing of a unit located in an area where a registration procedure has been established or applies without a valid registration 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.

AddedArticle 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 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 incorrect declarations of hosts, multiple use of a single registration number or invalid registration numbers.

AddedArticle 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 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 the detailed address of the unit, 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.

AddedArticle 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.

Change 15

ChangedArticle 95 – paragraph 2: 2. By3: way3. ofWhere derogationa fromMember paragraphState 1,requires smallhosts orto microsubmit onlinefurther short-terminformation rentaland platformsdocumentation, thatincluding didon not,compliance inof the previous quarter, reach a monthly average ofunit 2declared 500with oraccessibility morerequirements activefor hostspersons shallwith transmitdisabilities, the activity data per unit, together with thesubmission correspondingof registrationthat numberinformation and detailed addressdocumentation ofis thewithout unitprejudice andto the URLissuance of the listing, at the endregistration ofnumber thein quarter,accordance bywith machine-to-machineArticle communication4(2), meanspoint or(b). manually,Member toStates themay Singlealso Digitalenable Entryhosts Pointto ofdeclare theadditional Memberservices Stateancillary whereto the unitshort-term isrental located.services.

Change 16

ChangedArticle 105 – paragraph 1:5: 1.5. WhereMember aStates Membershall Stateensure hasthat establishedthe oneinformation or moredocumentation submitted pursuant to a registration proceduresprocedure pursuantreferred to in Article 8,4 thatis Memberretained Statein shalla establishsecure and confidential manner and only for a Singleperiod Digitalwhich Entryis Pointnecessary for the receiptidentification of the unit and forwardingfor a maximum of activity18 data,months after the relevanthost registrationhas number,indicated via the detailedfunctionality addressreferred ofto in Article 4(2), point (f) that the unit andshould be removed from the URLregistry. ofMember States shall ensure that the listingsinformation providedand bydocumentation onlineprovided short-termby rentalthe platformshost pursuant to Articleparagraphs 9.1 Thatand Member2 Stateis shallonly designateprocessed for the authoritypurpose whichof willissuing bethe responsibleregistration fornumber and ensuring compliance with the operationapplicable rules of the SingleMember DigitalState Entryconcerning Point.the access to and provision of short-term accommodation rental services.

Change 17

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, the detailed address of the unit and the URL of the listings;

AddedArticle 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 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 detailed 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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;.

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

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

Change 18

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