110 Amendments of Adriana MALDONADO LÓPEZ related to 2022/0358(COD)
Amendment 65 #
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. 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, given that it represents one of the main causes of the decrease of available long-term housing on the market and of the increase in rents and housing prices, and can have a negative impact on liveability in urban and tourist centres. 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 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 67 #
Proposal for a regulation
Recital 2
Recital 2
(2) Public authorities at national, regional and local level are increasingly taking measures to obtain information from hosts and online short-term rental platforms, by imposing registration schemes and other transparency requirements, including on online short- term rental platforms. However, legal obligations regarding data generation and data sharing diverge considerably within and between Member States as regards their scope and frequency, as well as in terms of related procedures. The large majority of online platforms intermediating the provision of short-term accommodation rental services provide their services across borders and indeed across the internal market. As a result of diverging transparency requirements and the refusal by some platforms to comply with existing obligations for data sharing and suspending or withdrawing listings, the full realisation of short-term accommodation rental services potential is hampered, and the proper functioning of the internal market is negatively affected. In order to achieve more harmonised rules and requirements, and ensure a fair, unambiguous and transparent provision of short-term accommodation rental services as part of efforts to promote a balanced tourism ecosystem within the internal market, a uniform and targeted set of rules should be established at Union levelnd continue upholding the UN Sustainable Development Goals, in particular the safe and affordable housing target, and the human right to access to decent and affordable housing, a uniform and targeted set of rules should be established at Union level. Short-term accommodation rental services through platforms and their impact should not undermine the high level of acceptance of tourism in the regions and cities of Europe or degrade the habitability of neighbourhoods.
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 72 #
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 Union and national law.
Amendment 75 #
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, 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 setting up national legislations requiring authorisation schemes or permits for the short-term letting of residential properties is consistent with Union law, given that a housing shortage and shortage of long- term housing rentals constitute ‘an overriding reason relating to the public interest’. 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 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 80 #
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 of any form, 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 82 #
Proposal for a regulation
Recital 8
Recital 8
(8) The rules laid down in this Regulation 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 of any formare 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 83 #
Proposal for a regulation
Recital 9
Recital 9
(9) Registration procedures enable competent authorities to collect information on hosts and units relating to short-term accommodation rental services. The registration number, which is a unique identifier of a unit rented, should ensure that the data collected and shared by platforms can be properly attributed to hosts and units. It should therefore be for competent authorities, where they wish to receive data from providers of online short- term rental platforms, to put in place or maintain registration procedures for hosts and their units, either at national, regional or local level. The registration procedure pursuant to this Regulation is understood without prejudice to other possible information obligations, for example in the fields of taxation, population census and statistics.
Amendment 85 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure that competent authorities obtain the information and data they need, without imposing disproportionate burdens on online platforms and hosts, it is necessary to lay out a common approach to registration procedures within Member States that is limited to basic information allowing the identification of the unit and the host. To that end, Member States should ensure that, upon the submission of all relevant information and documents, hosts and units are given a registration number. Hosts should be able to identify and authenticate themselves using electronic identification means issued under a notified electronic identity scheme pursuant to Regulation (EU) No 910/2014 of the European Parliament and of the Council28to complete those registration procedures. Hosts should be able to submit all required documents digitally. However, an offline service for the submission of documents should still be made available, taking into account the needs of the less digitally-skilled or equipped, especially the elderly. _________________ 28 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 88 #
Proposal for a regulation
Recital 11
Recital 11
(11) Hosts should provide information regarding themselves, the units they offer for short-term accommodation rental services and other necessary information so that the competent authorities know the identity of the host and their contact details, as well as the location, the type (e.g. house, apartment, roomspecific address, the cadastral reference, the type (e.g. house, apartment, room, shared room, or relevant category provided in national law) and characteristics of the unit.. Such information is needed to ensure traceability of hosts and units offered. Where relevant, hosts shall also indicate whether they have obtained an authorisation to provide services in accordance with Article 9 of Directive 2006/123/EC, granted that such authorisation requirement is line with Union law, and may be required to submit a copy of, or reference to, the authorisation granted. Information on the rights of hosts with regards to the authorisation scheme as well as to the means of redress available in the event of dispute, should be easily available to hosts as provided for by Directive 2006/123/EC. The description of the unit’s characteristics should include an indication of whether the unit is offered in whole or part and whether the host uses the unit for residential purposes as a primary or secondary residence or for other purposes. Hosts should also provide information on the maximum number of guests that the unit is capable of accommodating.
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 94 #
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 or revoke the validity of the registration number. The competent authority should have the power to suspend or revoke 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 or revoked, competent authorities should have the power to issue an order requesting 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 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 98 #
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 either order online short-term rental platforms to provide information regarding the affected unit(s) and order online short- term rental platforms to remove listings related to units offered without a registration number or offered with an invalid registration number.
Amendment 99 #
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 or an invalid one has been provided, in cases where a host declares that such a registration numbethe unit offered for short- term accommodation rental services is located in an area where a registration procedure has been established or applies. This, however, should not amount to an obligation for online short-term rental platforms to generally monitor 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 servicesbut should lead to short-term rental online platforms making every possible effort to 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) as well as to assess the validity of the registration number.
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 103 #
Proposal for a regulation
Recital 17
Recital 17
(17) Where competent authorities wish to receive from online short-term rental platforms information about hosts’ activities, they should be required to establish or maintain a dedicated registration procedure communication channel for submitting information.
Amendment 104 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) However, the rules laid down in this Regulation are without prejudice to other reporting obligations in accordance with EU and national law, including in the field of taxation, population registration or statistics.
Amendment 105 #
(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 nightfor which the unit was rented per night, the yearly average remuneration, the registration number and, the URL of the listing of the unit, and the specific address of the unit, including the exact number of the apartment, 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 unitregistered unit has been rented , the yearly average remuneration, the number of guests for which the unit was rented 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 109 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Additionally, Member States may require hosts to declare whether they are acting for the purpose of their trade, business or profession, or otherwise, as well as the number of units they are renting on the short-term rentals market. This data can facilitate a better understanding of the short-term rentals market, also in view of eventual policymaking.
Amendment 110 #
Proposal for a regulation
Recital 19
Recital 19
(19) In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, in order to ensure that the processing of personal data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed, online short- term rental platforms should not be required to report additional information on the identity of the hosts and on units, given that this information is already collected by competent authorities through the registration procedures applicable to hosts.
Amendment 113 #
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 118 #
Proposal for a regulation
Recital 27
Recital 27
(27) Aggregated data 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, on the yearly average remuneration 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 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 123 #
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 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. _________________ 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 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 128 #
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, quality, usability and quantity 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 135 #
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, residence and tenancy;
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Article 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.
Amendment 137 #
Proposal for a regulation
Article 2 – paragraph 3 – point c a (new)
Article 2 – paragraph 3 – point c a (new)
(ca) Regulation (EU) No 692/2011 of the European Parliament and of the Council;
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 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, a short-term accommodation rental service against remuneration of any form through an online short-term rental platform;
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘active hosts’ means hosts who have at least one unit listed during a period of 1 monthat least a total of 15 days over the period of 1 year on an online short-term rental platform;
Amendment 146 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘short-term accommodation rental service’ means the short-term letting of a unit, against remuneration of any form, whether on a professional or non- professional basis, as further defined by national law;
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘registration procedure’ means any procedure by which hosts must provide specific information and documentation to the competent authorities before they canin order to obtain a registration number necessary to start offering short-term accommodation rental services;
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) ‘authorisation scheme’ means the authorisation scheme within the meaning of Article 4 (6) of Directive 2006/123/EC;
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 156 #
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 enforceenforce applicable rules concerning the access to and provision of short-term accommodation rental services, including concerning registration procedures, and/or to collect data on short-term accommodation rental services;
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 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 stayed in the unit per nightper night that a unit was rented for;
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 165 #
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 in light of applicable rules concerning the access to and provision of short-term accommodation rental services;
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 167 #
Proposal for a regulation
Article 4 – paragraph 2 – point f a (new)
Article 4 – paragraph 2 – point f a (new)
(fa) where an authorisation scheme applies, the registration number cannot be used to start offering short-term rental accommodation services until the authorisation has been obtained;
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 170 #
(g) hosts are required, when offering their short-term accommodation rental services via an online short-term rental platform, to declare whetherand, if 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 173 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure, where an authorisation scheme applies, that the issued registration number is not used to offer a unit on an online short-term rental platform until the authorisation procedure is completed and that hosts are able to request that the information or documentation provided pursuant to Article 5(1) and (2) can be re- used for the purposes of subsequent registrations.
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 179 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 1
Article 5 – paragraph 1 – point a – point 1
(1) the specific address of the unit;
Amendment 180 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4
Article 5 – paragraph 1 – point a – point 4
(4) the number of rooms and bed places in the unit, and the maximum number of guests that the unit can accommodate in accordance with applicable requirements;
Amendment 185 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
Article 5 – paragraph 1 – point a – point 4 a (new)
Amendment 186 #
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) information concerning the accessibility of the unit for persons with disabilities or with mobility issues in accordance with applicable requirements;
Amendment 187 #
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 c (new)
Article 5 – paragraph 1 – point a – point 4 c (new)
(4c) whether the unit is subject to an authorisation scheme and, where applicable, whether an authorisation has been granted;
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 1 – point c – point 4 a (new)
Article 5 – paragraph 1 – point c – point 4 a (new)
(4a) the website’s uniform resource locator (URL), where applicable;
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 191 #
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, including where the unit is subject to an authorisation scheme, a copy of, or reference to, the authorisation granted.
Amendment 197 #
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 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.
Amendment 201 #
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 or revoke 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.
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 206 #
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 or revoke 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.
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 210 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Where a competent authority intenddecides to suspend or revoke 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 intentdecision. 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 intentdecision to suspend or revoke 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.
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 214 #
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 and 10 shall contain at least the following information:
Amendment 216 #
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) clear information enabling the provider of the online short-term rental platform to identify and locate the listing or listings concerned, such as one or more exact uniform resource locators (URL) and the identity of the competent authority;
Amendment 219 #
Proposal for a regulation
Article 6 – paragraph 10
Article 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 removeprovide relevant information at their disposal, and to remove or disable access to listings related to units offered without a registration number or units offered with an invalid or misused registration number, such as units offered with the same registration number as another unit.
Amendment 221 #
Proposal for a regulation
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
10a. Where an authorisation scheme applies, Member States shall ensure that national law enables competent authorities to order providers of online short-term rental platforms to provide relevant information at their disposal, and to remove or disable access to listings related to units offered without authorisation.
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 226 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) design and organise their online interface in a way that requires hosts to self-declare whetherprovide 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;
Amendment 227 #
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 identify the unit through a registration number, and to ensure that hosts have provided a registration number prior to allowing the offering ofand prior to allowing the offering of the short-term accommodation rental services with respect to that unit, check whether the registration number provided by the short- term accommodation rental services with respect to that unitst is correct and valid;
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 238 #
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 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 invalidb), (c) and (ca), concerning invalid or misused 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 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 241 #
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), points (a), (b) and (c).
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 248 #
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 specific address of the unit, is located,ncluding the exact flat number, and 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.
Amendment 251 #
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 specific address of the unit, including the exact flat number, and 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.
Amendment 253 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Where a competent authority, after verification, finds that there are manifest and serious doubts as regards the correctness and completeness of the data transmitted to the Single Digital Entry Point of the Member State, it shall have the power to issue an order requesting providers of online short-term rental platforms to rectify the dataset within a reasonable period to be specified by the competent authority and inform the monitoring authority referred to in Article 14.
Amendment 257 #
Proposal for a regulation
Article 10 – paragraph 1
Article 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.
Amendment 258 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 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 specific address of the unit and the URL of the listings;
Amendment 260 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) facilitate random checks by online short- term rental platforms pursuant to Article 7(1), point (c) of the validity of registration numbers provided by hostsb), (c) and (ca);
Amendment 261 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 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.
Amendment 263 #
Proposal for a regulation
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) confidentiality, integrity and security of the processing of the activity data and registration numbers, the specific address of the units and the URL of the listing transmitted by online short- term rental platforms in accordance with Article 9.
Amendment 267 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission may adopt, by means of 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. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2).
Amendment 269 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) implementing rules governing the access to and the provision of short-term accommodation rental services, provided that those rules are non-discriminatory, proportionate and complyin line with Union law.
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 273 #
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 12 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 283 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 (new)
Article 12 – paragraph 3 – subparagraph 1 (new)
Those competent authorities shall not share any data that can identify individual units or hosts, including registration numbers, the URL of the listings and the detailed address. By way of derogation, those competent authorities may share with authorities referred to in letter (a) of this paragraph the information contained in Article 5(1) (a) points 1-4(c), in accordance with the laws of the Member State and subject to appropriate safeguards for personal data protection.
Amendment 285 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
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 287 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States shall draw up and make publicly available, free of charge, and regularly updated the following lists:
Amendment 288 #
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 290 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. list of areas where a ban on short- term accommodation rental services applies in their territory;
Amendment 291 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Competent authorities may develop guidelines on applicable legislative, regulatory or administrative measures relating to access to and provision of short-term accommodation rental services.
Amendment 292 #
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. Member States may regularly hold consultations with the Commission and with relevant stakeholders in relation to the interpretation and the impact of applicable legislative, regulatory or administrative measures relating to access to and the provision of short-term accommodation rental services.
Amendment 293 #
Proposal for a regulation
Article 13 – paragraph 2 c (new)
Article 13 – paragraph 2 c (new)
Amendment 296 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For the purpose of the enforcement of Article 7(1) of this Regulation, Chapter IV of Regulation (EU) 2022/2065 shall apply, and any references therein to compliance with the relevant provisions of Regulation (EU) 2022/2065 shall be deemed to include Article 7(1) of this Regulation. To the extent that powers are conferred upon the Commission under Chapter IV of Regulation (EU) 2022/2065, they shall also cover the application of Article 7(1)s 6, 7 and 9 of this Regulation.
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 298 #
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(2), 7(3)6, 7 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 302 #
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, the European Committee of the Regions and to the European Economic and Social Committee. This report shall be based on the evaluations submitted by national supervisory authorities pursuant to Article 14.
Amendment 307 #
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, usability and quantityof data relating to the provision of short-term accommodation rental services offered in the Union by hosts through online short-term rental platforms; and
Amendment 309 #
(c) to the extent possible, the impact of this Regulation on the content and proportionality of nationaldegree of compliance with applicable legislative, regulatory or administrative measures relating to access to and the provision of short-term accommodation rental services, including where such services are providedand on cross-border enforcement.
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].
Amendment 314 #
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].