31 Amendments of Alicia HOMS GINEL related to 2022/0358(COD)
Amendment 66 #
Proposal for a regulation
Recital 1
Recital 1
(1) Short-term accommodation rental services offered by hosts have existed for many years as a complement to other accommodation services such as hotels, hostels, or bed and breakfasts. The volume of short-term accommodation rental services is increasing significantly across the Union as a result of the growth of the platform economy. Some platforms have been operating within a frame of non- compliance and lack of cooperation and respect for laws and rules. While short- term accommodation rental services create many opportunities for guests, hosts and the entire tourism ecosystem, their rapid growth has also triggered concerns and challenges, in particular for local communities and public authorities. One of the main challenges is the lack of reliable information about short-term accommodation rental services, such as the identity of the host, the location where those services are being offered, and their duration, making it difficult for authorities to assess the impact of short-term accommodation rental services and develop and enforce appropriate and proportionate policy responses.
Amendment 70 #
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. This implies maintaining opportunities for platforms while respecting public policy objectives like available and affordable housing and protecting urban centres and rural areas, especially when economic conditions in Europe are deteriorating. Short-term accommodation rental services via platforms and their impact shall not undermine the high acceptance of tourism in Europe's regions and cities and degrade the liveability of neighbourhoods. They should respect local communities and promote sustainability from an ecological and socioeconomic point of view.
Amendment 79 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should apply to services consisting in the short-term letting of furnished accommodation, against remuneration, or some sort of compensation, for example in the form of credit points, whether on a professional or non-professional basis. Short-term accommodation rental services can concern, for example, a room in a host’s primary residence with the host present, a host’s primary or secondary residence rented out for a limited number of days per year, or one or more properties bought by the host as an investment to be rented out on a short-term basis, typically for less than a year throughout the year. The provision of furnished accommodation for more permanent use, typically for one year or more, should not be considered to be provided on short-term basis. Short-term accommodation rental services are not limited to units let for touristic or leisure purposes but should include short-term stays for other purposes, such as business or study.
Amendment 90 #
Proposal for a regulation
Recital 12
Recital 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 taxation, 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. 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.
Amendment 95 #
Proposal for a regulation
Recital 14
Recital 14
(14) The information and documentation provided by hosts via the registration procedure should be verified by competent authorities only after the issuance of the registration number. It is appropriate to enable hosts, within a reasonable period of time, to rectify the information and documentation submitted which a competent authority considers to be incomplete or inaccurate. Where the host fails to rectify the information and documentation within the period indicated, the competent authority should have the power to suspend the validity of the registration number. The competent authority should have the power to suspend the validity of the registration number also in cases where it finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation provided by the host. In those cases, competent authorities should inform hosts about their intention to suspend the validity of the registration number and the reasons for it. Hosts should have the possibility to be heard and, where appropriate, to rectify the information and documentation provided within a reasonable period of time. Where the validity of the registration number has been suspended, competent authorities should have the power to issue an order requestiring the online short-term rental platforms to remove or disable access to the listing relating to the unit in question without undue delay. Those orders should include all necessary information to identify the listing, including the individual Uniform Resource Locator (URL) of the listings.
Amendment 102 #
Proposal for a regulation
Recital 16
Recital 16
(16) Article 31 of the Regulation (EU) 2022/2065 lays down certain due diligence requirements for providers of online platforms allowing consumers to conclude distance contracts with traders. Those requirements apply to online short-term rental platforms with respect to short-term accommodation rental services offered by hosts that qualify as traders. However, the short-term accommodation rental sector is characterised by the fact that hosts are often private individuals offering short- term accommodation rental services on an occasional peer-to-peer basis, who do not necessarily meet the conditions to be categorised as ‘traders’ under Union law. Therefore, in line with the concept and objective of ‘compliance by design’ under Article 31 of Regulation (EU) 2022/2065, and in order to enable competent authorities to verify whether applicable registration obligations are complied with, it is appropriate to apply specific conditions for compliance by design in the context of short-term accommodation rental services, including those offered by hosts that do not qualify as traders pursuant to Union law. Online short-term rental platforms should ensure that services are not offered where no registration number has been provided, in cases where a host declares that such a registration number applies. This should not amount to an obligation for onlinelead to short-term rental online platforms to generally monitmaking every possible effort the services offered by hosts through their platform, nor to a general fact-finding obligation aimed at assessing the accuracy of the registration number prior to the publication of the offer of short-term accommodation rental serviceo assess whether the unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established, for example, by using the list provided pursuant to Article 13(1)(a). This evaluation could be done through the use of automated means.
Amendment 119 #
Proposal for a regulation
Recital 27
Recital 27
(27) Aggregated dData sets based on the available activity data, would also be important for the compilation of official statistics. Those data, together with information on the total number of units and on the maximum number of guests that the unit can accommodate in each geographical subdivision, should be transmitted to national statistical offices and Eurostat every month for the purposes of compiling statistics in line with the requirements applicable to other service providers in the accommodation sector as laid in Regulation 692/2011 concerning European statistics on tourism. Member States should designate the national entity responsible for aggregating data and transmitting it. Competent authorities should also be able to share activity data, without any data that could enable the identification of individual units or hosts, such as registration numbers and URLs, with entities and persons when this is needed to carry out scientific research or analytical activities as well as to produce new business models and services. Under the same conditions, activity data could be made available via sectorial data spaces, when established.
Amendment 127 #
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 of data on the content and proportionality of national, regional and local rules relating to the provision of short-term accommodation rental services, usability and quality of data. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of the competent authorities of Member States and relevant stakeholders.
Amendment 129 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to allow sufficient time for Member States to establish registration procedures, adapt existing registration procedures to the provisions of this Regulation and to establish Single Digital Entry Points, and to enable platforms and hosts to adapt to the new requirements, a period of no longer than six months should be established for the application of this Regulation should be deferredfrom the date of entry into force.
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) national, regional or local rules regulating the development or use of land, town and country planning or building standards and the law on housing or horizontal property;
Amendment 154 #
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 and enforce registration procedures, and/or to collect data on short-term accommodation rental services and/or authorities responsible for checking compliance with the national provisions regarding ‘units’ and hosts for example with respect to country planning or building standards ;
Amendment 164 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) a unit is not subject to more than one registration procedure in the sense of this Regulation. This is understood without prejudice to other possible information obligations derived from Union law, for example in the fields of taxation, population census and statistics;
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) technical means are in place to assess the validity of registration numbers for which a common structure of registration numbers will be established pursuant to Article 11;
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
(g) hosts are required, when offering their short-term accommodation rental services via an online short-term rental platform, to declare whether the unit offered is located in an area where a registration procedure has been established or applies and, if so, to provide the registration number.
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that hosts are aoble to requiged, when offering their short-term rental servicest that the information or documentation provided pursuant to Article 5(1) and (2) can be re- used for the purposes of subsequentrough an online platform, to provide the registration number to the online short- term rental platform if the offered unit is subject to a registrations procedure.
Amendment 190 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States may require that the information submitted pursuant to paragraph 1 is accompanied by appropriate supporting documentation. With respect to the information referred to in point 5 of subparagraph (a) of paragraph 1, where the host declares that the unit is subject to authorisation, or where the other information referred to in paragraph 1 allows the determination that an authorisation requirement applies, Member States may request a copy of, or reference to, the authorisation.
Amendment 202 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where a host fails to rectify the requested information pursuant to paragraph 2, the competent authority shall have the power to suspend the validity of the affected registration numbers and to issue an order requestiring online short-term rental platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 208 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where a competent authority, after verification pursuant to paragraph 1, finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation submitted pursuant to Article 5(1) and 5(2), it shall have the power to suspend the validity of the affected registration numbers and to issue an order requestiring online short-term rental platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 212 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The competent authority in the event of non-compliance of the orders issued pursuant to paragraphs 3, 4 and 5, may apply the penalty system they have defined or they define in their rules to online short-term rental platforms.
Amendment 224 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) design and organis, organise and continuously update their online interface in a way that requires hosts to self-declare whether the unit offered for short-term accommodation rental servicesentering the registration number is mandatory in cases where the address of a specific unit is located in an area where a registration procedure has been established or applies according to Article 13(1);
Amendment 228 #
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 enablesmakes it mandatory for hosts to let users identify the unit through a registration number, and to ensure that hosts have provided a registration number prior to allowing the offering of the short- term accommodation rental services with respect to that unit;
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) make reasonable efforts to randomly check the declarationrandomly check at least 25% of the listings ofn the hostsplatform 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, thecheck the necessary validity of the registration number provided by the host, including through the use of the functionalities offered by the Single Digital Entry Points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host; platforms shall also carry out additional ad hoc checks at the request of competent authorities.
Amendment 239 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Online short-term rental platforms shall inform without delay the competent authorities, the authority considered in Article 14 and the hosts of the results of the random checks referred to in paragraph 1, point (c), concerning incorrect declarations of hosts or invalid registration numbers including the number of correct advertisements.
Amendment 243 #
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)3 and 17(1), paragraph 1.
Amendment 247 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. When a listing concerns a unit located in an area included in the list referred to in Article 13(1), point (b), providers of online short-term rental platforms shall collect and, on a monthly basis, transmit to the Single Digital Entry Point of the Member State where the unit is located, activity data per unit, together with the address of the unit, including the exact number of the apartment including its zip code, the corresponding registration number as provided by the host and the URL of the listing. That transmission shall take place by machine-to-machine communication means.
Amendment 271 #
Proposal for a regulation
Article 12 – paragraph 2 – point b a (new)
Article 12 – paragraph 2 – point b a (new)
(ba) use this to confirm compliance with other national regulations and transmit it, where necessary, to the respective authorities responsible for the implementation of this Regulation (for example, national rules on country planning or building).
Amendment 286 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall aggregate the activity data obtained pursuant to Article 9 and transmit itdesignate the national entity responsible for transmitting, for each unit, the activity data and the registration numbers obtained pursuant to Article 5 and 9, the municipality where the unit is located and the maximum number of guests that the unit can accommodate in accordance with the requirements set by the competent authorities in the matter, on a monthly basis to national and, where relevant, regional statistical offices and make available to Eurostat for the purposes of compiling statistics in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council43 . Activity data shall be aggregated at national, regional and municipal level, and shall include information on the total number of units and on the maximum number of guests that the unit can accommodate in each geographical subdivision. Those data shall be broken down by the type of unit as described in Article 5(1), point (a), of this Regulation. Member Stcess to the data referred to above by the national or regional statistical offices shall be subject to appropriates shall designate the national entity responsible for aggregating activity data and transmitting it to national statistical offices and Eurostatafeguards for data protection. _________________ 43 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
Amendment 297 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Authorities designated by the Member State of the relevant Single Digital Entry Point shall be competent to enforce Articles 7(1), 7(2), 7(3) and 9 of this Regulation.
Amendment 299 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall lay down rules on penalties applicable to infringements by online short-term rental platforms of Articles 7(1), 7(2), 7(3) and 9. Member States shall ensure that those penalties are effective, proportionate and dissuasive.
Amendment 300 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply.
Amendment 312 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
It shall apply from [OP please insert date = 124 months after the date of entry into force of this Regulation].