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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
ORDINARY LEGISLATIVE procedure
Follow up to the European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on data collection and sharing relating to short-term accommodation rental services and amending Regulation (EU) 2018/1724
(COM(2022)0571 – C90371/2022 – 2022/0358(COD))
1. Rapporteur: Kim VAN SPARRENTAK (Greens/EFA / NL)
(Ordinary legislative procedure: first reading)
2. Reference numbers: 2022/0358 (COD) / A9-0270/2023 / P9_TA(2024)0112
The European Parliament,
3. Date of adoption of the resolution: 29 February 2024
– having regard to the Commission proposal to Parliament and the Council (COM(2022)0571),
4. Legal basis: Article 114 of the Treaty on the Functioning of the European Union
– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90371/2022),
5. Competent Parliamentary Committee: Committee on Internal Market and Consumer Protection (IMCO)
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
6. Commission's position: accepts all amendments.
– having regard to the opinion of the European Economic and Social Committee of 22 February 2023,
– having regard to the opinion of the Committee of the Regions of 15 March 2023,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the opinion of the Committee on Transport and Tourism,
– having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0270/2023),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 1
Amendment 2
Proposal for a regulation
Recital 2
Amendment 3
Proposal for a regulation
Recital 3
Amendment 4
Proposal for a regulation
Recital 4
Amendment 5
Proposal for a regulation
Recital 6
Amendment 6
Proposal for a regulation
Recital 8
Amendment 7
Proposal for a regulation
Recital 9
Amendment 8
Proposal for a regulation
Recital 10
Amendment 9
Proposal for a regulation
Recital 11
Amendment 10
Proposal for a regulation
Recital 11 a (new)
Amendment 11
Proposal for a regulation
Recital 12
Amendment 12
Proposal for a regulation
Recital 13
Amendment 13
Proposal for a regulation
Recital 14
Amendment 14
Proposal for a regulation
Recital 15
Amendment 15
Proposal for a regulation
Recital 16
Amendment 16
Proposal for a regulation
Recital 18
Amendment 17
Proposal for a regulation
Recital 19
Amendment 18
Proposal for a regulation
Recital 20
Amendment 19
Proposal for a regulation
Recital 21
Amendment 20
Proposal for a regulation
Recital 24
Amendment 21
Proposal for a regulation
Recital 26
Amendment 22
Proposal for a regulation
Recital 27
Amendment 23
Proposal for a regulation
Recital 28
Amendment 24
Proposal for a regulation
Recital 29
Amendment 25
Proposal for a regulation
Recital 30
Amendment 26
Proposal for a regulation
Recital 31
Amendment 27
Proposal for a regulation
Recital 34
Amendment 28
Proposal for a regulation
Recital 35
Amendment 29
Proposal for a regulation
Recital 36
Amendment 30
Proposal for a regulation
Recital 37
Amendment 31
Proposal for a regulation
Article 2 – paragraph 2 – point b
Amendment 32
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Amendment 33
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Amendment 34
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Amendment 35
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Amendment 36
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Amendment 37
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Amendment 38
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Amendment 39
Proposal for a regulation
Article 4 – paragraph 2 – point b
Amendment 40
Proposal for a regulation
Article 4 – paragraph 4
Amendment 41
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Amendment 42
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 1
Amendment 43
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
Amendment 44
Proposal for a regulation
Article 5 – paragraph 2
Amendment 45
Proposal for a regulation
Article 5 – paragraph 3
Amendment 46
Proposal for a regulation
Article 5 – paragraph 5
Amendment 47
Proposal for a regulation
Article 6 – paragraph 2
Amendment 48
Proposal for a regulation
Article 6 – paragraph 4
Amendment 49
Proposal for a regulation
Article 6 – paragraph 5
Amendment 50
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Amendment 51
Proposal for a regulation
Article 6 – paragraph 6 – point c
Amendment 52
Proposal for a regulation
Article 6 – paragraph 10
Amendment 53
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Amendment 54
Proposal for a regulation
Article 7 – paragraph 1 – point b
Amendment 55
Proposal for a regulation
Article 7 – paragraph 1 – point c
Amendment 56
Proposal for a regulation
Article 7 – paragraph 2
Amendment 57
Proposal for a regulation
Article 7 – paragraph 3
Amendment 58
Proposal for a regulation
Article 9 – paragraph 1
Amendment 59
Proposal for a regulation
Article 9 – paragraph 2
Amendment 60
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Amendment 61
Proposal for a regulation
Article 10 – paragraph 1
Amendment 62
Proposal for a regulation
Article 10 – paragraph 2 – point a
Amendment 63
Proposal for a regulation
Article 10 – paragraph 2 – point b
Amendment 64
Proposal for a regulation
Article 10 – paragraph 2 – point c
Amendment 65
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Amendment 66
Proposal for a regulation
Article 10 – paragraph 3 – point c
Amendment 67
Proposal for a regulation
Article 10 – paragraph 4
Amendment 68
Proposal for a regulation
Article 10 – paragraph 5
Amendment 69
Proposal for a regulation
Article 11 – paragraph 2
Amendment 70
Proposal for a regulation
Article 12 – paragraph 2 – point b
Amendment 71
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Amendment 72
Proposal for a regulation
Article 12 – paragraph 4
Amendment 73
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Amendment 74
Proposal for a regulation
Article 13 – paragraph 2
Amendment 75
Proposal for a regulation
Article 14 – paragraph 1
Amendment 76
Proposal for a regulation
Article 15 – paragraph 2
Amendment 77
Proposal for a regulation
Article 15 – paragraph 3
Amendment 78
Proposal for a regulation
Article 18 – paragraph 1
Amendment 79
Proposal for a regulation
Article 18 – paragraph 2 – point b a (new)
Amendment 80
Proposal for a regulation
Article 18 – paragraph 2 – point c
Amendment 81
Proposal for a regulation
Article 18 – paragraph 2 – point c a (new)
Amendment 82
Proposal for a regulation
Article 18 – paragraph 2 – point c b (new)
Amendment 83
Proposal for a regulation
Article 19 – paragraph 2
EXPLANATORY STATEMENT
I. Introduction
The recent growth of online short-term rental accommodation services has impacted society in many aspects: positively from a tourism development perspective with more variety in offers, but also negatively by extracting long-term housing from the market in popular tourist destinations, increased housing prices, and a loss of grip on where tourism activity takes place, with impact on the liveability of some areas with noise disturbances or closure of convenience stores.
This growing phenomenon has led several cities and regions to adopt local rules to restrict market access to the provision of short-term rental accommodations services in accordance with the Services Directive for numerous reasons. It should be noted that , in this context, the Cali Apartments case (cases C-724/18 and C-727/18) the Court explicitly recognised that combating the long-term rental housing shortage constitutes an overriding reason relating to the public interest under the Services Directive. This means that local authorisation schemes can be justified for this reason under the Services Directive.
However, despite local rules to combat these problems, enforcement of those is nearly impossible without cooperation of the online short-term holiday rental platforms. Competent authorities need access to relevant data to enforce local rules and currently rely on the good will of online short-term rental platforms to share those.
The Rapporteur welcomes therefore the Commission proposal; this being a long-standing call from the Parliament in its Resolution on access to decent and affordable housing for all, as well as from alliance of cities impacted by the growth of the sector and various stakeholders within the sector. The draft report intends however to clarify few points and reinforce obligations on the platforms to ensure compliance with the provisions laid down under this Regulation, in particular with regard to the issue of illegal listings.
On registration procedures: Any registration procedure established in a Member State must comply with the requirements set under this Regulation and provide for the automatic issuance of a registration number - while for some existing procedures, this is currently done ex-ante. In view of clarifying how such registration procedure is interlinked with authorisation schemes when they are in place, the Rapporteur proposes amendments to Article 4 and Article 5. Furthermore, when it comes to information to be provided by hosts as part of the registration procedures, she recommends to expand the list of information that allow the precise identification of a unit.
Verification by competent authorities: this is the view of the Rapporteur that to counterbalance the automatic issuance of a registration number that greater powers should be given to competent authorities in case of incorrect information or serious doubts about validity of a registration number, such as granting them possibility to withdraw the validity of such number, as well as possibility to request online short-term rental platforms to provide further information and remove access to the illegal listings.
Compliance by design: this point is key to ensure that hosts and platforms comply with the provisions under this Regulation. Building on the information submitted by Member States under Article 13, platforms should design their online interface in a way that requires hosts to provide a registration number for areas where such a procedure exists, and not only self-declare. Furthermore, random checks are crucial to detect illegal listings and should be performed on a regular basis.
The Rapporteur agrees with the Commission’s approach that this Proposal does not regulate the adoption of local rules by competent authorities under the Services Directive and proposes some improvements in this respect: adoption of such rules by competent authorities are done under the Services Directive and notified in this respect. We should avoid creating confusion on this particular point.
Evaluation: the Rapporteur introduces some modifications with regard to the evaluation by shortening the period from 5 to 4 years to assess how effective this Regulation has been in helping competent authorities to enforce rules regulating market access for short-term rental accommodation services due to the quality and availability of data submitted by online platforms, but also to evaluate the extent to which online platforms cooperate in this respect.
Date of application: In order not to delay further the implementation of this long-awaited Proposal, the date of application is shortened from 24 to 18 months.
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the [draft report / report, until the adoption thereof in committee]:
20.7.2023
OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM
for the Committee on the Internal Market and Consumer Protection
on the proposal for a regulation of the European Parliament and of the Council Proposal for a Regulation of the European Parliament and of the Council on data collection and sharing relating to short-term accommodation rental services and amending Regulation (EU) 2018/1724
(COMCOM(2022)0571 – C90371/2022 – 2022/0358(COD))
Rapporteur for opinion: Josianne Cutajar
SHORT JUSTIFICATION
The Rapporteur supports the development of a harmonized legislative framework that aims to enhance transparency in the field of short-term accommodation rentals (STR), which will help public authorities ensure the positive STR development as part of a sustainable tourism sector. A balanced approach to the collection and sharing of data from hosts and online short-term rental platforms will give the national, regional and local authorities the tools necessary to create effective, evidence-based and proportionate policies able to address the challenges and opportunities related to the short-term rental sector.
Tourism is one of the sectors in which the collaborative economy has flourished due to the link between the two; both tourism and the collaborative economy rely on connectivity between people, regions and cultures, depending on the sharing of experiences that benefit both consumers and entrepreneurs.
Nevertheless, tourism and short-term rentals are human and spatial selective activities, and, therefore, the prosperity of collaborative platforms is challenging for existing market operators, that are very often subject to high and strict market access requirements, and for the established practices of the local authorities.
Whilst the uncontrolled proliferation of the short-term rentals can lead to the commodification of housing, to gentrification of cities and to local communities experiencing the negative side effects of the activity, more transparency and a better enforcement of the rules can potentially lead to promoting a safe, more fair and sustainable ecosystem. This ecosystem would be defined not only by a level playing field and by the mitigation of any negative impacts on the local community, but also by the empowerment of homeowners and those providing the myriad of auxiliary services they generate, supporting local businesses and new employment opportunities.
In order to preserve and amplify the benefits of the short-term rentals, while guaranteeing fair conditions for all actors in the tourism sector, the Rapporteur distinguishes between the registration process, which shall be user-friendly, free of charge or at a minimal cost, and the authorisation procedure along with any market access requirements Member States may choose to impose in line with EU law.
Consequently, with an aim to ensure a good knowledge and understanding of EU law and a uniform application of guiding principles such as proportionality and non-discrimination, as enshrined in our legislation and in the jurisprudence of the Court of Justice of the European Union, the Rapporteur proposes that the Commission is tasked with assisting and training in this field. In this regard, the Commission shall make available training courses and material concerning the abovementioned notions, which training should be mandatory for national coordinators established under this Regulation and for national, regional and local authorities entrusted with the implementation and enforcement of rules pertaining to the provision of short-term rental services.
On the other hand, with a view to increasing the transparency within the short-term rentals ecosystem and to enourage the active involvement of hosts who use this activity as a source of additional income, while sharing their home, their traditions and their personal experience, the Rapporteur proposes that the Commission, supported by Member States, maintains a portal (‘the European Short-Term Rentals Portal’) as a point of entry for centralised information related to the national and local regulations concerning the provision of short-term rental services in the EU countries applying a registration system as set up in this Regulation. The European Short-Term Rentals Portal shall be easily accessible in all official languages of the Union and free of charge.
Additionally, in light of the objectives of this Regulation, the Rapporteur limitedly widens the category of data to be shared with the competent authorities and with the entities or persons carrying out scientific research and analytical activities.
Finally, as the competent authority in each Member State shall report on the implementation of the Regulation every two years, the Rapporteur considers that the evaluation conducted by the Commission should be done earlier than initially proposed. She also introduces an amendment stating that the obligations imposed by this Regulation on online short-term rental platforms and hosts shall apply as of three months from the moment the Member State concerned has set up its Single Digital Entry Points in line with the provisions of this Regulation.
AMENDMENTS
The Committee on Transport and Tourism calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take the following into account:
Amendment 1
Proposal for a regulation
Recital 1
Amendment 2
Proposal for a regulation
Recital 3
Amendment 3
Proposal for a regulation
Recital 3 a (new)
Amendment 4
Proposal for a regulation
Recital 6
Amendment 5
Proposal for a regulation
Recital 8
Amendment 6
Proposal for a regulation
Recital 9
Amendment 7
Proposal for a regulation
Recital 10
Amendment 8
Proposal for a regulation
Recital 11
Amendment 9
Proposal for a regulation
Recital 11 a (new)
Amendment 10
Proposal for a regulation
Recital 12
Amendment 11
Proposal for a regulation
Recital 14
Amendment 12
Proposal for a regulation
Recital 15
Amendment 13
Proposal for a regulation
Recital 16
Amendment 14
Proposal for a regulation
Recital 18
Amendment 15
Proposal for a regulation
Recital 18 a (new)
Amendment 16
Proposal for a regulation
Recital 23 a (new)
Amendment 17
Proposal for a regulation
Recital 25
Amendment 18
Proposal for a regulation
Recital 27
Amendment 19
Proposal for a regulation
Recital 28
Amendment 20
Proposal for a regulation
Recital 31
Amendment 21
Proposal for a regulation
Recital 34
Amendment 22
Proposal for a regulation
Recital 34 a (new)
Amendment 23
Proposal for a regulation
Recital 37
Amendment 24
Proposal for a regulation
Recital 37 a (new)
Amendment 25
Proposal for a regulation
Recital 37 b (new)
Amendment 26
Proposal for a regulation
Recital 37 c (new)
Amendment 27
Proposal for a regulation
Recital 37 d (new)
Amendment 28
Proposal for a regulation
Article 2 – paragraph 1
Amendment 29
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Amendment 30
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Amendment 31
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Amendment 32
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Amendment 33
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Amendment 34
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Amendment 35
Proposal for a regulation
Article 4 – paragraph 2 – point a
Amendment 36
Proposal for a regulation
Article 4 – paragraph 2 – point b
Amendment 37
Proposal for a regulation
Article 4 – paragraph 3
Amendment 38
Proposal for a regulation
Article 4 – paragraph 4
Amendment 39
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Amendment 40
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 1
Amendment 41
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4
Amendment 42
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
Amendment 43
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Amendment 44
Proposal for a regulation
Article 5 – paragraph 2
Amendment 45
Proposal for a regulation
Article 5 – paragraph 3
Amendment 46
Proposal for a regulation
Article 5 – paragraph 5
Amendment 47
Proposal for a regulation
Article 6 – paragraph 1
Amendment 48
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Amendment 49
Proposal for a regulation
Article 6 – paragraph 6 – point c
Amendment 50
Proposal for a regulation
Article 6 – paragraph 8
Amendment 51
Proposal for a regulation
Article 6 – paragraph 8 a (new)
Amendment 52
Proposal for a regulation
Article 6 – paragraph 10 a (new)
Amendment 53
Proposal for a regulation
Article 7 – paragraph 1 – point b
Amendment 54
Proposal for a regulation
Article 7 – paragraph 1 – point c
Amendment 55
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Amendment 56
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Amendment 57
Proposal for a regulation
Article 7 – paragraph 3
Amendment 58
Proposal for a regulation
Article 7 a (new)
Amendment 59
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Amendment 60
Proposal for a regulation
Article 10 – paragraph 5
Amendment 61
Proposal for a regulation
Article 11 – paragraph 2
Amendment 62
Proposal for a regulation
Article 11 – paragraph 3 – point b
Amendment 63
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Amendment 64
Proposal for a regulation
Article 12 – paragraph 4
Amendment 65
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Amendment 66
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Amendment 67
Proposal for a regulation
Article 13 – paragraph 2
Amendment 68
Proposal for a regulation
Article 13 a (new)
Amendment 69
Proposal for a regulation
Article 13 b (new)
Amendment 70
Proposal for a regulation
Article 15 – paragraph 3
Amendment 71
Proposal for a regulation
Article 17 – paragraph 1 – point 2 a (new)
Amendment 72
Proposal for a regulation
Article 18 – paragraph 1
Amendment 73
Proposal for a regulation
Article 18 – paragraph 2 – point c
Amendment 74
Proposal for a regulation
Article 18 – paragraph 2 – point c a (new)
Amendment 75
Proposal for a regulation
Article 19 – paragraph 2
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
PROCEDURE – COMMITTEE RESPONSIBLE
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE