25 Amendments of Ondřej KOVAŘÍK related to 2022/0358(COD)
Amendment 53 #
Proposal for a regulation
Recital 3
Recital 3
(3) To that end, harmonised rules on data generation and data sharing for short- term accommodation rental services should be laid down to increase access to and quality of data for public authorities on the provision of short-term accommodation rental services, which in turn should enable them to design and implement policies on such services in an effective and proportionate manner, in accordance with national and European law. This implies maintaining opportunities for platforms while respecting public policy objectives like available and affordable housing and protecting urban centres, particularly when economic conditions in Europe are facing challenges and opportunities for growth. Short-term accommodation rental services via platforms and their impact shall not undermine the high acceptance of tourism in Europe’s regions and enhance the livability of neighborhoods.
Amendment 54 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) By harmonising rules on data collection and sharing in the sector of short-term rentals in the internal market, this Regulation can play a decisive role in enhancing enforcement in the Member States. As a result of more effective enforcement, consumers should be able to assume that only legal listings are online and hosts of short-term rentals generally comply with the legal requirements and offer their services under fair conditions. Consequently, the objective of this regulation is to preserve and enhance the standard of consumer protection within the EU market.
Amendment 56 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The provisions stated in this regulation do not affect any additional requirements for reporting or registration as stipulated by EU law or national law, including but not limited to obligations related to taxation, population registration, or statistics.
Amendment 60 #
Proposal for a regulation
Recital 8
Recital 8
(8) The rules laid down in this Regulation including advertising for short-term rental services should apply to online platforms within the meaning of Article 3 point (i) of Regulation (EU) 2022/2065 of the European Parliament and the Council27, which allow guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services. Therefore, webpages connecting hosts with guests without any further role in the conclusion of direct transactions should be excluded from the scope of this Regulation. Online platforms intermediating the provision of short-term accommodation rental services without payment (for example, online platforms intermediating the exchange of dwellings) are not covered by these rules, given that only short-term accommodation rental services provided against remuneration are covered. _________________ 27 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), (OJ L 277, 27.10.22, p. 1).
Amendment 72 #
Proposal for a regulation
Recital 18
Recital 18
(18) Competent authorities that wish to receive from online short-term rental platforms information about hosts’ activities and have registration systems in place should be able to obtain activity data from online platforms on a regular basis. The type of data that may be obtained should be fully harmonised and include information on the number of nights for which a registered unit has been rented, the number of guests that stayed in the unit per night, the registration number and the URL of the listing of the unit, and, in cases where the registration number is missing or incorrect, the identity of the host in line with the GDPR, which is needed in order to facilitate the identification of the host and the unit offered for short-term accommodation rental services in cases where the registration number is missing or incorrect. Only online platforms that have effectively facilitated the conclusion of direct transactions between hosts and guests are covered by the obligation to provide the activity data, the registration number and the URL of the listing of the unit, as only those platforms are in a position to collect data, such as on the number of nights for which a unit is rented and the number of guests that stayed in the unit per night. Member States should not maintain or introduce measures that require platforms to report on short-term accommodation rental service providers and their activities diverging from those laid down in this Regulation, unless otherwise provided under Union law.
Amendment 82 #
Proposal for a regulation
Recital 31
Recital 31
(31) Member States should ensure an effective enforcement of this Regulation as regards the provisions of this Regulation concerning the verification by the competent authorities, the results of the random checks, the obligation to include a reference to the information to be made available by Member States on rules governing the provision of short-term accommodation rental services and the data sharing obligations of short-term rental platforms. Due to the specific nature of those obligations, it should be for authorities designated by the Member State of the Single Digital Entry Point, in which the relevant unit is located, to enforce them. Member States should also lay down rules setting out penalties for the infringement of these provisions of this Regulation that apply to online short-term rental platforms and should ensure that such penalties are implemented and notified in accordance with Directive 2000/31/EC of the European Parliament and of the Council32. Such penalties should be effective, proportionate and dissuasive. These penalties should ensure an effective enforcement of this Regulation, notably as regards data sharing obligations. Where a registration procedure applies, Member States establish legal provisions that empower competent authorities to instruct providers of online platforms for short- term rentals to delete listings associated with units that are either offered without a valid registration number or with an invalid registration number. Similarly, when an authorization process is applicable, Member States should ensure that national legislation grants competent authorities the authority to compel providers of online short-term rental platforms to remove listings linked to units offered without the required authorization from the competent authority. In both scenarios, competent authorities shall be enabled to mandate platforms to furnish information. Member States should have the capacity to establish regulations pertaining to the respective penalties for non-compliance. _________________ 32 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 83 #
Proposal for a regulation
Recital 34
Recital 34
(34) The Commission should periodically evaluate this Regulation and monitor its effects on the provision of short-term accommodation rental services offered through online short-term rental platforms in the Union. That evaluation should include any effects on providers of online short-term rental platforms and any effects of the increased availability, usability and quality of data on the content and proportionality of national, regional and local rules relating to the provision of short-term accommodation rental services. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders, including in particular the effectiveness of cross-border cooperation and enforcement mechanisms.
Amendment 89 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘ online short-term rental platform’ means an online platform, including advertising for short-term rental services and online research engines, within the meaning of Article 3, point (i), of Regulation (EU) 2022/2065, that allows guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services;
Amendment 90 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘online short-term rental advertising platform’ means a service within the meaning of Article 3, point (i) and (j) of Regulation (EU) 2022/2065, that includes advertising of short-term accommodation rental services on their platform. However, this service does not facilitate guests in entering into remote agreements with hosts for the purpose of procuring short-term accommodation rental services.
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘competent authority’ means a national, regional or local authority of a Member State that is competent to manage andor enforce registration procedures, and/or to collect data on short-term accommodation rental services, or is responsible for ensuring compliance with the applicable rules of the Member States concerning the access to and provision of short-term accommodation rental services;
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 2 – point g a (new)
Article 4 – paragraph 2 – point g a (new)
(ga) hosts can register online at no cost.
Amendment 116 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
Article 5 – paragraph 1 – point a – point 4 a (new)
4a. the unit's registration number, obtained by application of national, regional or local legislation
Amendment 117 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 b (new)
Article 5 – paragraph 1 – point a – point 4 b (new)
4b. adapting the unit to disabled persons or persons with reduced mobility
Amendment 133 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Where the competent authorities have evidence that applicable national, regional or local legislation has been breached, they may initiate a platform inspection procedure. The competent authority shall request information that it considers relevant from the host in order to seek out and analyse the alleged infringements.
Amendment 139 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. The competent authority shall inform the hosts about the redress mechanisms available in relation to the steps taken pursuant to paragraphs 2 to 5, 5, 7 and 711.
Amendment 140 #
Proposal for a regulation
Article 6 – paragraph 8 a (new)
Article 6 – paragraph 8 a (new)
8a. Competent authorities have the authority to cross-check the information provided by online platforms regarding hosts who have claimed their listing is exempt from the registration process, as outlined in Article 7.1(b) and (d). They can also utilize the powers specified in paragraphs 6.2 to 6.9, if necessary, when dealing with the hosts concerned.
Amendment 143 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Compliance by design for online short- term rental platforms
Amendment 146 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) where the host declares that the unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established or applies, design and organise their online interface in a way that enables hosts to let users to either (i) identify the unit through a registration number, and to ensure that hosts have provided a registration number prior to allowing the offering of the short- term accommodation rental services with respect to that unit or (ii) self declare that the unit they offer is exempt from the registration procedure applicable in the area where it is located;
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) taking into account the list made available pursuant to Article 13(1), point (a), impede the listing of a unit located in an area where a registration procedure exists without a registration number and make reasonable efforts on quarterly basis to randomly check the validity of the registration number provided by the host, including through the use of the functionalities offered by the Single Digital Entry Points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host.
Amendment 156 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Online short-term rental platforms shall include, in a specific section of the online interface that is directly and easily accessible, a reference to the information to be made available by Member States pursuant to Article 17(1). They should also make reasonable efforts to regularly and adequately inform and update hosts regarding the applicability of registration procedures, data sharing obligations, or authorization schemes in a given area. Additionally, a link to the Portal established under Article 13b (new) should be provided.
Amendment 158 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article7a Compliance by design for online short- term rental advertising platforms Where an online short-term rental advertising platform includes an advertising for a short-term accommodation rental service, it shall: (a) structure and arrange their online interface in such a manner that hosts advertising short-term accommodation rentals on the platform are required to self-declare whether the unit being offered is subject to an established or applicable registration procedure in the area. (b) where the host declares that the unit is subject to a registration procedure, the online platform should design its interface to allow hosts to either (i) identify the unit using a registration number and ensure that the number is provided before allowing the offering of short-term accommodation services for that unit, or (ii) declare that the unit is exempt from the registration procedure in the area where it is located. (c) conduct random checks on the hosts' declarations regarding the existence of a registration procedure, taking into consideration the list provided in Article 13(1)(a) and, if a registration procedure exists, verify the validity of the registration number provided by the host. This verification can be done using the functionalities offered by the Single Digital Entry Points mentioned in Article 10(2)(b), after allowing the host to offer the short-term accommodation rental services. (d) where the online platform includes advertisements from an online short-term rental platform that does not act as a host, it should design its interface to enable users to identify the unit through a registration number, if provided by the online short-term rental platform. (e) where the host declares that the unit is exempt from the applicable registration procedure, the online platform must, upon request from the relevant competent authority, provide the information provided by the host to allow the authority to verify its accuracy. This is done after allowing the host to offer the short-term accommodation rental services.
Amendment 162 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission mayshall adopt implementing acts laying down common technical specifications and procedures to ensure interoperability of solutions for the functioning of the Single Digital Entry Points and the seamless exchange of data, including the structure of the registration numbers and detailed addresses of the units. Registration numbers should be harmonised in all Member States. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2). Additionally, the Commission shall also organise training and technical discussions, to ensure the proper functioning of the Single Digital Entry Points and the sharing of good practices.
Amendment 173 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. No later than 5 years after the date of application of this Regulation, the Commission shall evaluate this Regulation and submit a report on its main findings to the European Parliament, the Council and to the European Economic and Social Committee. This report shall be based on the evaluations submitted by national supervisory authorities pursuant to Article 14. and the data transmitted to Eurostat according to Article 12 (4)
Amendment 174 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) to the extent possible, the impact of this Regulation on the content and proportionality of national legislative, regulatory or administrative measures relating to access to and the provision of short-term accommodation rental services, including where such services are provided cross-border, as well as the effectiveness of cross-border cooperation and enforcement mechanisms.
Amendment 178 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
It shall apply from [OP please insert date = 24 months after the date of entry into force of this Regulation]. whilst the obligations imposed by this Regulation on online short-term rental platforms shall apply only as of [12] months from the moment the Member State concerned has set up its Single Digital Entry Points in line with the provisions of this Regulation.