48 Amendments of Martin SCHIRDEWAN related to 2022/0358(COD)
Amendment 73 #
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.
Amendment 76 #
Proposal for a regulation
Recital 4
Recital 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 or restrictions by area or type of building, provided that such requirements are necessary and proportionate to protect public interest objectives, in accordance with the provisions of the Treaty on the Functioning of the European Union and Directive 2006/123/EC of the European Parliament and of the Council25. T. In this respect, the Court of Justice of the European Union has acknowledged that combatting housing shortage is an overriding reason of public interest justifying the setting up of authorisation schemes to provide short-term rental accommodation services. Therefore, the availability of reliable data on a uniform basis should support Member States’ efforts in developing policies and regulations that comply with Union law. In fact, as the case-law of the Court of Justice of the European Union made clear, Member States are required to justify possible market access restrictions for hosts on the basis of data and evidence. _________________ 25 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 92 #
Proposal for a regulation
Recital 13
Recital 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 13 years 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.
Amendment 93 #
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. During the rectification period, the competent authority may suspend the registration number and, where appropriate, adopt interim measures to avoid the commercialisation of the unit during the suspension period. Where the host fails to rectify the information and documentation within the period indicated, the competent authority should have the power to suspendwithdraw the validity of the registration number. The competent authority should have the power to suspendwithdraw 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 andcases of suspension or withdrawal of the registration number competent authorities should inform hosts of 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 or withdrawn, competent authorities should have the power to issue an order requesting the online short-term rental platforms to remove or disable access toeither provide information regarding the affected unit or remove the listing relating to the unit in question without undue delay. Those orders should include all necessarythe available information to identify the listing, including the individual Uniform Resource Locator (URL) of the listings.
Amendment 96 #
Proposal for a regulation
Recital 15
Recital 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 information regarding a specific unit, as well as to order online short-term rental platforms to remove listings related to units offered without a registration number or offered with an invalid registration number. Where a registration procedure applies, hosts should not be allowed to list a unit without a valid registration number. Where it finds that the registration number is not valid or missing, or, where appropriate, that the authorisation has not been granted, the competent authority may order the online short-term rental platforms to remove access to the illegal listing without undue delay.
Amendment 108 #
(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 nighte unit was rented for per night, the detailed address, the registration number and the URL of the listing of the unit, 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 111 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Single Digital Entry Points should facilitate the ability of online short- term rental platforms to randomly check the validity of a registration number or the accuracy of self-declarations, in order to reduce errors and inconsistencies as regards data transmission and to ease their compliance burden. The Single Digital Entry Point should, while not requiring the actual storage of the registration number, allow the performance of random checks either automatically by means of Application Programming Interface allowing the verification of a registration number against the given entries in the registry of the individual registration procedures in a Member State connected to the Single Digital Entry Point or manually, for example, by entering a registration number in an online interface and receiving a confirmation on its validity. Online short- term rental platforms should be free to perform additional checks through the Single Digital Entry Point. Member States should continue enforcing registration obligations using the tools already available to them.
Amendment 117 #
Proposal for a regulation
Recital 26
Recital 26
(26) A proportionate, limited and predictable framework at Union level is necessary for ensuring 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, the areas where an authorisation scheme applies in their territory and the areas where offering short-term accommodation rental services is not permitted in their territory. Such data should only be processed for purposes of monitoring complyiance with Union law, including the rules on free movement of services, freedom of establishment, and the rules in Directive 2006/123registration procedures or implementing rules concerning access to and provision of short-term accommodation rental services. 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, including effective and proportionate rules for the access to, and the provision of, short-term accommodation rental services. A retention period of maximum 13 years should allow competent authorities to ensure compliance with rules and regulations applicable to hosts or concerning units rented and for policy development. _________________ 31 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 121 #
Proposal for a regulation
Recital 29
Recital 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 two years.
Amendment 122 #
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 concerningfrom which clear obligations arise for hosts and platforms. This includes, among others, the verification by the competent authorities, the declarations of the hosts, 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, respectively for the competent authorities 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 hosts 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 should ensure that national law enables competent authorities to order providers of online short-term rental platforms to remove listings related to units offered without a registration number or offered with an invalid registration number. Where an authorisation procedure applies, Member States should ensure that national law enables competent authorities to order providers of online short-term rental platforms to remove listings related to units offered without an authorisation by the competent authority. In both cases, competent authorities should have the power to order platforms to provide information. Member States should be able to lay down rules on respective penalties. _________________ 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 124 #
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 availability, quality and usability of data relating to the provision of short-term accommodation rental services and 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 172 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (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.
Amendment 176 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Member States may limit the validity of the registration number and request active prolongation by the host.
Amendment 178 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 1
Article 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;
Amendment 183 #
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) where applicable, whether an authorisation has been granted to offer short-term accommodation rental services;
Amendment 193 #
Proposal for a regulation
Article 5 – paragraph 5
Article 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 13 years 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.
Amendment 194 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Access to the information transmitted pursuant to Article 5(1a) shall be granted to authorities tasked with developing laws, regulations or administrative provisions concerning access to and the provision of short-term accommodation rental services.
Amendment 196 #
Proposal for a regulation
Article 6 – paragraph 2
Article 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 registration number and to 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. While the registration number is suspended, That competent authority may issue an order requesting online short-term rental platforms to provide information and to remove any listings relating to the unit or units in question without undue delay.
Amendment 203 #
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 ofwithdraw 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.
Amendment 207 #
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 ofwithdraw the affected registration numbers and to issue an order requesting online short-term rental platforms to remove or disablprovide information and to remove access to any listing relating to the unit or units in question without undue delay.
Amendment 209 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Where a competent authority, after verification pursuant to paragraph 1, finds that the information given by the host pursuant to Article 5(1) conflicts with the offering of short term accommodation in a specific unit due to applicable rules of the Member State concerning the access to and the provision of short-term accommodation, it shall have the power to withdraw the affected registration numbers and to issue an order requesting online short-term rental platforms to remove any listing relating to the unit or units in question without undue delay.
Amendment 211 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Where a competent authority intends to suspend the validity of aor withdraw the registration number or numbers pursuant to paragraphs 3 or 4,2, 3, 4 or 4a (new) it shall notify the host in writing stating the reasons for that intention. 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 intention to suspend the validity ofor withdraw 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 42, 3, 4 or 4a (new).
Amendment 213 #
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. Orders issued pursuant to paragraphs 2, 3, 4, 4 a (new) and 10 shall contain at least the following information:
Amendment 218 #
Proposal for a regulation
Article 6 – paragraph 7
Article 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.
Amendment 222 #
Proposal for a regulation
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (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.
Amendment 230 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) make reasonable efforts to randomly check the declaration of the hosts concerning the existence or not of aprevent the listing of a unit located in an area where a registration procedure has been established or applies without a valid registration procedurenumber, 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.;
Amendment 235 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
Amendment 236 #
Proposal for a regulation
Article 7 – paragraph 1 – point c b (new)
Article 7 – paragraph 1 – point c b (new)
(cb) limit the possibility of units offered for short-term accommodation rental services to 10 units per host per country on their online interface.
Amendment 237 #
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 authorities referred to 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, invalid registration numbers or duplicates of registration numbers. The transmitted results shall include for all listings of the random sample the URL of the listing, the registration number and, where applicable, an indication of misuse of registration numbers.
Amendment 242 #
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), and make reasonable efforts to regularly and adequately inform and update hosts of the applicability in a given area of registration procedures or data sharing obligations or authorisation schemes, taking into account the lists made available pursuant to Article 13(1).
Amendment 245 #
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 wthere the unit is located, activity data per unit detailed address of the unit, activity data per unit, including data, on whether the host is providing a short-term accommodation rental service on a professional or non- professional basis, 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.
Amendment 250 #
Proposal for a regulation
Article 9 – paragraph 2
Article 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 activity data per unit, including data, on whether the host is providing a short- term accommodation rental service on a professional or non-professional basis together with the corresponding registration number and detailed address of the unit 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.
Amendment 254 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Online short-term rental platforms shall be responsible for the correctness, completeness and accuracy of the datasets they transmit to competent authorities pursuant to this Article.
Amendment 264 #
Proposal for a regulation
Article 10 – paragraph 4
Article 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, the detailed address of the unit and URL of listings provided by online short-term rental platforms.
Amendment 266 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission may 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 the detailed addresses of the units. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2).
Amendment 272 #
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 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 13 years 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, including registration numbers and URLs, in particular with the following:
Amendment 275 #
Proposal for a regulation
Article 12 – paragraph 3 – point a – indent 1 (new)
Article 12 – paragraph 3 – point a – indent 1 (new)
- activity data, including data, on whether the host is providing a short-term accommodation rental service on a professional or non-professional basis
Amendment 276 #
Proposal for a regulation
Article 12 – paragraph 3 – point a – indent 2 (new)
Article 12 – paragraph 3 – point a – indent 2 (new)
- the corresponding registration number
Amendment 277 #
Proposal for a regulation
Article 12 – paragraph 3 – point a – indent 3 (new)
Article 12 – paragraph 3 – point a – indent 3 (new)
- the URL of the listing
Amendment 278 #
Proposal for a regulation
Article 12 – paragraph 3 – point a – indent 4 (new)
Article 12 – paragraph 3 – point a – indent 4 (new)
- the detailed address of the unit
Amendment 279 #
Proposal for a regulation
Article 12 – paragraph 3 – point b – indent 1 (new)
Article 12 – paragraph 3 – point b – indent 1 (new)
- activity data, including data, on whether the host is providing a short-term accommodation rental service on a professional or non-professional basis
Amendment 280 #
Proposal for a regulation
Article 12 – paragraph 3 – point b – indent 2 (new)
Article 12 – paragraph 3 – point b – indent 2 (new)
- the corresponding registration number
Amendment 281 #
Proposal for a regulation
Article 12 – paragraph 3 – point b – indent 3 (new)
Article 12 – paragraph 3 – point b – indent 3 (new)
- the URL of the listing
Amendment 282 #
Proposal for a regulation
Article 12 – paragraph 3 – point b – indent 4 (new)
Article 12 – paragraph 3 – point b – indent 4 (new)
- the address of the unit up to the postal code
Amendment 289 #
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(aa) list of areas where an authorisation scheme applies in their territory;
Amendment 294 #
Proposal for a regulation
Article 14 – paragraph 1
Article 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 two years to the Commission.
Amendment 304 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. No later than 53 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.
Amendment 306 #
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) the impact of this Regulation on the availability, quality and usability of data relating to the provision of short-term accommodation rental services offered in the Union by hosts through online short- term rental platforms; and