Legal provisions of COM(2022)571 - Data collection and sharing relating to short-term accommodation rental services

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dossier COM(2022)571 - Data collection and sharing relating to short-term accommodation rental services.
document COM(2022)571 EN
date April 11, 2024



CHAPTER I

General provisions

Contents

Article 1 - Subject matter

This Regulation lays down rules for data collection by competent authorities and providers of online short-term rental platforms and data sharing from online short-term rental platforms to competent authorities relating to the provision of short-term accommodation rental services offered by hosts through online short-term rental platforms.

Article 2 - Scope

1. This Regulation applies to providers of online short-term rental platforms that offer services to hosts providing short-term accommodation rental services in the Union, irrespective of their place of establishment.

2. This Regulation is without prejudice to:

(a)national, regional or local rules regulating access to, or the provision of, short-term accommodation rental services by hosts, unless otherwise specifically provided for under this Regulation;

(b)national, regional or local rules regulating the development or use of land, town and country planning or building standards; 

(c)Union or national law regulating the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;

(d)Union or national law regulating the administration, collection, enforcement and recovery of taxes, customs and other duties. 

3. This Regulation is without prejudice to the rules laid down by other Union legal acts regulating other aspects of the provision of services by online short-term rental platforms and the provision of short-term accommodation rental services, in particular:

(a)Regulation (EU) 2019/1150 of the European Parliament and of the Council 37 ;

(b)Regulation (EU) 2022/2065;

(c)Regulation (EU) 2022/1925 of the European Parliament and of the Council 38 ;

(d)Directive 2000/31/EC; 

(e)Directive 2006/123/EC;

(f)Directive (EU) 2015/1535 of the European Parliament and of the Council 39 ;

(g)Council Directive (EU) 2010/24/EU 40 ; and

(h)Council Directive (EU) 2011/16/EU 41 .

Article 3 - Definitions

For the purpose of this Regulation, the following definitions shall apply:

(1) ‘unit’ means a furnished accommodation located in the Union that is the subject of the provision of a short-term accommodation rental service. It does not include the following:

(a)hotels and similar accommodations including resort hotels, suite or apartment hotels, hostels and motels as described in NACE Rev. 2, group 55.1 (‘hotels and similar accommodation’) of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council 42 ;

(b)the provision of accommodation in camping grounds, recreational vehicle parks and trailer parks, as described in NACE Rev. 2 group 55.3 of Annex I to Regulation 1893/2006.

(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 through an online short-term rental platform;

(3) ‘active hosts’ means hosts who have at least one unit listed during a period of 1 month on an online short-term rental platform;

(4) ‘guest’ means a natural person who is hosted in a unit;

(5) ‘short-term accommodation rental service’ means the short-term letting of a unit, against remuneration, whether on a professional or non-professional basis, as further defined by national law;

(6) ‘online short-term rental platform’ means an online platform within the meaning of Article 3, point (i), of Regulation (EU) 2022/2065, that allows guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services;

(7) ‘registration number’ means a unique identifier issued by the competent Member State, which identifies a unit in that Member State;

(8) ‘registration procedure’ means any procedure by which hosts must provide specific information and documentation to the competent authorities before they can start offering short-term accommodation rental services;

(9) ‘listing’ means the reference to a unit offered for short-term accommodation rental services and published on an online short-term rental platform’s website;

(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; 

(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 night;

(12) ‘small or micro online short-term rental platform’ means an online short-term rental platform that qualifies as a small or micro enterprise within the meaning of Recommendation 2003/361/EC.


CHAPTER II

Registration

Article 4 - Registration procedures

1. Any registration procedure established by a Member State, at national, regional or local level, for units located in its territory, shall comply with the provisions of this Chapter.

2. Member States shall ensure that:

(a)registration procedures operate on the basis of declarations made by hosts;

(b)registration procedures allow for the automatic and immediate issue of a registration number for a specific unit upon the submission by the host of the information referred to in Article 5(1) and, where appropriate, any supporting documentation required pursuant to Article 5(2);

(c)a unit is not subject to more than one registration procedure;

(d)technical means are in place to allow for information and documentation to be updated by a host;

(e)technical means are in place to assess the validity of registration numbers;

(f)technical means are in place to allow a host to remove a unit from the registry referred to in paragraph 3;

(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.

3. Member States shall ensure 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.

4. Member States shall ensure that registration numbers are included in a registry. The competent authority issuing the registration number shall be responsible for establishing and maintaining the registry. 

Article 5 - Information to be provided by hosts

1. When registering pursuant to a registration procedure referred to in Article 4, a host shall submit the following information by way of declaration:

(a)for each unit:

(1) the address of the unit;

(2) the type of unit;

(3) whether the unit is offered as a part or whole of the host’s primary or secondary residence, or for other purposes;

(4) the maximum number of guests that the unit can accommodate;

(b)where the hosts are natural persons:

(1) their name; 

(2) a national identification number or, if not available, other information allowing the identification of the person;

(3) their address;

(4) their contact telephone number;

(5) the electronic mail address that the competent authority can use for written communication;

(c)where the hosts are legal persons:

(1) their name;

(2) the national business registration number;

(3) the name of all its legal representatives;

(4) their registered address;

(5) a contact telephone number, of a representative of that legal person;

(6) an electronic mail address that the competent authority can use for written communication.

2. Member States may require that the information submitted pursuant to paragraph 1 is accompanied by appropriate supporting documentation.

3. Where a Member State requires hosts to submit further information and documentation, the submission of that information and documentation is without prejudice to the issuance of the registration number in accordance with Article 4(2), point (b). 

4. Without prejudice to Article 6, where there is a material change in the situation substantiated by the information and documentation provided pursuant to paragraphs 1 and 2, hosts shall update the information and documentation via the functionality referred to in Article 4(2), point (d).

5. Member States shall ensure that the information or documentation submitted pursuant to a registration procedure referred to in Article 4 is retained in a secure and confidential manner and only for a period which is necessary for the identification of the unit and for a maximum of 1 year after the host has indicated via the functionality referred to in Article 4(2), point (f) that the unit should be removed from the registry. Member States shall ensure that the information and documentation provided by the host pursuant to paragraphs 1 and 2 is only processed for the purpose of issuing the registration number and ensuring compliance with the applicable rules of the Member State concerning the access to and provision of short-term accommodation rental services.

6. Hosts shall be responsible for the accuracy of the information that they provide to competent authorities pursuant to this Article, and of the information that they provide to online short-term rental platforms pursuant to Article 7 of this Regulation.

Article 6 - Verification by competent authorities

1. Competent authorities may, at any time after issuing a registration number, verify the declaration and any supporting documentation submitted by a host pursuant to Article 5(1) and 5(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 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.

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 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.

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 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.

5. Where a competent authority intends to suspend the validity of a registration number or numbers pursuant to paragraphs 3 or 4, it shall notify the host in writing stating the reasons for that intention. The host shall be given the opportunity to be heard and, where appropriate, to rectify the information or documentation in question within a reasonable period to be specified by the competent authority. Where, after having heard the host, the competent authority confirms its intention to suspend the validity 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.

6. Orders issued pursuant to paragraphs 3, 4 and 10 shall contain at least the following information:

(a)a statement of reasons; 

(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;

(c)the identity of the host and of the unit offered for short-term accommodation rental services.

7. The validity of a registration number shall remain suspended until the host has rectified the relevant information and documentation with the competent authorities. Upon reception, via the functionality referred to in Article 4(2), point (d), and verification of the accuracy, completeness and correctness of the information and documentation provided by the host, the competent authorities shall reinstate the registration number.

8. The competent authority shall inform the hosts about the redress mechanisms available in relation to the steps taken pursuant to paragraphs 2 to 5 and 7. 

9. Where a Member State requires hosts to submit further information and documentation as referred to in Article 5(3), it may apply the provisions of this Article to such information or documentation, provided that the requirement in question is non-discriminatory, proportionate and complies with Union law.

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 remove listings related to units offered without a registration number or offered with an invalid registration number. 

Article 7 - Compliance by design

1. Online short-term rental platforms shall: 

(a)design and organise their online interface in a way that requires hosts to self-declare whether the unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established or applies;

(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 of the short-term accommodation rental services with respect to that unit;

(c)make reasonable efforts to randomly check the declaration of the hosts 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, the validity of the registration number provided by the host, including through the use of the functionalities offered by the Single Digital Entry Points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host.

2. Online short-term rental platforms shall inform without delay the competent authorities 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.

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). 


CHAPTER III

Data reporting

Article 8 - Registration procedures for data reporting

Member States shall ensure that a registration procedure is established or maintained for units located in an area included in the list referred to in Article 13(1), point (b).

Article 9 - Obligation on online short-term rental platforms to transmit activity data and registration numbers

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 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. 

2. By way of derogation from paragraph 1, small or micro online short-term rental platforms that did not, in the previous quarter, reach a monthly average of 2 500 or more active hosts shall transmit the activity data per unit, 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.

Article 10 - Establishment and functionalities of Single Digital Entry Points

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 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.

2. The Single Digital Entry Point referred to in paragraph 1 shall:

(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 and the URL of the listings;

(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 hosts;

(c)provide a technical interface for the competent authorities referred to in Article 12 to receive activity data, the relevant registration number 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. 

3. Member States shall ensure that the Single Digital Entry Point referred to in paragraph 1 provides for:

(a)interoperability with the registries referred to in Article 4(3);

(b)the possibility to re-use the information or documentation to be provided by hosts pursuant to Article 5, if the same information or documentation is requested by multiple registries referred to in Article 4(3) within the same Member State;

(c)confidentiality, integrity and security of the processing of the activity data and registration numbers and the URL of the listing transmitted by online short-term rental platforms in accordance with Article 9.

4. The Single Digital Entry Point referred to in paragraph 1 shall not store information containing personal data. It shall ensure the automatic, intermediate and transient processing of personal data that is strictly necessary for the purpose of giving access to the authorities referred to in Article 12 to activity data, registration numbers and URL of listings provided by online short-term rental platforms.

5. The Commission may adopt implementing acts laying down common technical specifications and procedures to ensure interoperability of solutions for the functioning of the Single Digital Entry Points and the seamless exchange of data, including the structure of the registration numbers. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2).

Article 11 - Coordination of Single Digital Entry Points

1. Each Member State shall appoint a national coordinator. Those national coordinators shall act as contact points for their respective administrations for all matters relating to the Single Digital Entry Point. 

The national coordinator for each Member State shall be responsible for contacts with the Commission in respect of all matters relating to the Single Digital Entry Point. Each Member State shall inform the other Member States and the Commission of the name and contact details of its national coordinator. The Commission shall keep and maintain a list of the national coordinators and their contact details.

2. The Single Digital Entry Points coordination group (‘the coordination group’) is hereby established. The coordination group shall be composed of the national coordinator from each Member State and shall be chaired by the Commission. The coordination group shall adopt its rules of procedure. The Commission shall support the functioning of the coordination group. 

3. The coordination group shall support the implementation of the provisions of this Regulation concerning the Single Digital Entry Points. In particular, the coordination group shall perform the following tasks:

(a)facilitate the exchange of best practices on matters related to the coordination of the implementation at national level, in particular as regards the provisions set out in Article 10;

(b)assist the Commission in promoting the use of interoperability solutions for the functioning of the Single Digital Entry Points and the exchange of data;

(c)assist the Commission in developing a common approach to message format for the transmission of activity data and registration numbers and a common structure of the registration numbers.

Article 12 - Access to data

1. Member States shall establish a list of the competent authorities responsible for areas where a registration procedure applies pursuant to Article 8. 

2. Access to the information transmitted pursuant to Article 9 shall be granted to the competent authority only where the intended purpose of the processing is one of the following:

(a)monitoring compliance with the registration procedures referred to in Article 8;

(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 comply with Union law.

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 1 year 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:

(a)authorities tasked with developing laws, regulations or administrative provisions concerning access to and provision of short-term accommodation rental services;

(b)entities or persons carrying out scientific research, analytical activities or developing new business models, where this is necessary for the purpose of those activities.

4. Member States shall aggregate the activity data obtained pursuant to Article 9 and transmit it on a monthly basis to national statistical offices and Eurostat for the purposes of compiling statistics in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council 43 . 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 States shall designate the national entity responsible for aggregating activity data and transmitting it to national statistical offices and Eurostat.


CHAPTER IV

Information, supervision and enforcement

Article 13 - Information obligations

1. Member States shall draw up and make available, free of charge, the following lists:

(a)list of areas where a registration procedure applies in their territory;

(b)list of areas for which competent authorities have requested data from providers of online short-term rental platforms.

2. Competent authorities shall promote awareness of the rights and obligations under this Regulation in their respective territories.

Article 14 - Monitoring

Each Member State shall designate an authority, which shall monitor the implementation of the obligations laid down by this Regulation on their territory and report on this implementation every two years to the Commission.

Article 15 - Enforcement

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) of this Regulation.

2. Authorities designated by the Member State of the relevant Single Digital Entry Point shall be competent to enforce Articles 7(2), 7(3) and 9 of this Regulation.

3. Member States shall lay down rules on penalties applicable to infringements by online short-term rental platforms of Articles 7(2), 7(3) and 9. Member States shall ensure that those penalties are effective, proportionate and dissuasive.

4. Member States shall by [date of application of the Regulation] adopt and publish the laws, regulations and administrative provisions necessary to comply with paragraph 2 and shall notify the Commission thereof without delay.


CHAPTER V

Final provisions

Article 16 - Committee

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Article 17 - Amendment to Regulation (EU) 2018/1724

Regulation (EU) 2018/1724 is amended as follows:

1. in Annex I, in the second column, in the row ‘N.Services’, the following point 4 is added:

‘4. information on rules governing the provision of short-term accommodation rental services, including the lists referred to in Article 13 of 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]’.

2. Annex II is amended as follows:

(a)in the second column, in the row ‘Starting, running and closing a business’, the following is added as a new row:

‘Declarations by hosts for registration procedures in relation to short-term accommodation rental services’;

(b)in the third column, in the row ‘Starting, running and closing a business’, the following is added as a new row:

‘Issuance of a registration number’.

Article 18 - Evaluation and review

1. No later than 5 years after the date of application of this Regulation, the Commission shall evaluate this Regulation and submit a report on its main findings to the European Parliament, the Council and to the European Economic and Social Committee. This report shall be based on the evaluations submitted by national supervisory authorities pursuant to Article 14.

2. The evaluation made pursuant to paragraph 1 shall assess in particular:

(a)the impact of this Regulation on the obligations imposed on online short-term rental platforms;

(b)the impact of this Regulation on the availability of data relating to the provision of short-term accommodation rental services offered in the Union by hosts through online short-term rental platforms; and

(c)to the extent possible, the impact of this Regulation on the content and proportionality of national legislative, regulatory or administrative measures relating to access to and the provision of short-term accommodation rental services, including where such services are provided cross-border.

Article 19 - Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from [OP please insert date = 24 months after the date of entry into force of this Regulation].


This Regulation shall be binding in its entirety and directly applicable in all Member States.