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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.
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, and to hosts providing short-term accommodation rental services. 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, in compliance with Union law, 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, building standards, housing and tenancies; (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; (e) Union or national law regulating the development, production and dissemination of European statistics or national official statistics. 3. In addition, 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 ( 16 ) ; (b) Regulation (EU) 2022/2065; (c) Regulation (EU) 2022/1925 of the European Parliament and of the Council ( 17 ) ; (d) Directive 2000/31/EC; (e) Directive 2006/123/EC; (f) Directive (EU) 2015/1535 of the European Parliament and of the Council ( 18 ) ; (g) Council Directive 2010/24/EU ( 19 ) ; and (h) Council Directive 2011/16/EU ( 20 ) .
Definitions
For the purposes of this Regulation, the following definitions 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 accommodation, including resort hotels, suite or apartment hotels and motels as described in NACE Rev. 2, group 55.1 (‘hotels and similar accommodation’) and hostels as described in NACE Rev. 2, group 55.2 (‘holiday and other short-stay accommodation’) of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council ( 21 ) ; (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 (EC) No 1893/2006. (2) ‘host’ means a natural or legal person that provides, or intends to provide, on a professional or non-professional basis, on a regular or on a temporary basis, a short-term accommodation rental service provided for remuneration, through an online short-term rental platform; (3) ‘guest’ means a natural person who is hosted in a unit; (4) ‘short-term accommodation rental service’ means the short-term letting of a unit, provided for remuneration, whether on a professional or non-professional basis, on a regular or on a temporary basis, as further defined by national law; (5) ‘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; (6) ‘small or micro online short-term rental platform’ means an online short-term rental platform which qualifies as a small or micro enterprise within the meaning of Recommendation 2003/361/EC; (7) ‘registration number’ means a unique identifier issued by the competent authority 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 in order to obtain a registration number enabling them to offer short-term accommodation rental services through online short-term rental platforms; (9) ‘authorisation scheme’ means an ‘authorisation scheme’ as defined in Article 4, point 6, of Directive 2006/123/EC; (10) ‘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; (11) ‘competent authority’ means a national, regional or local authority of a Member State that is competent to manage or enforce registration procedures, or to collect data on short-term accommodation rental services, or is responsible for ensuring compliance with the applicable rules of the Member States concerning access to, and the provision of, short-term accommodation rental services; (12) ‘activity data’ means the number of nights for which a unit is rented and the number of guests to whom the unit is rented per night along with the country of residence of each guest, in accordance with Regulation (EU) No 692/2011; (13) ‘municipality’ means a ‘local administrative unit (LAU)’ within the meaning of Article 4 of Regulation (EC) No 1059/2003 of the European Parliament and of the Council ( 22 ) .
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