What changed

DRAFT 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))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0571),

– 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),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– 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

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