78 Amendments of Jaromír KOHLÍČEK related to 2016/0379(COD)
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) setting fundamental principles for well-functioning, integrated electricity markets, which allow non-discriminatory market access for all resource providers and electricity customers, empower consumers, enable demand response and energy efficiency, facilitate aggregation of distributed demand and supply, and contribute to the decarbonisation of the economy by enabling market integration and market-based remuneration of electricity generated from renewable sources; via an innovative sector coupling technologies that provide flexibility and security of supply in an energy system increasingly based on RES.
Amendment 216 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) ‘congestion’ means a situation in which all requests from market participants to trade between two bidding zones cannot be accommodated because they would significantly affect the physical flows on network elements which cannot accommodate those flows ;
Amendment 282 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) barriers to cross-borderzonal electricity flows and cross-borderzonal transactions on electricity markets and related services markets shall be avoided;
Amendment 322 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. All market participants shall aim for system balance and shall be financially responsible for imbalances they cause in the system. They shall either be balance responsible parties or delegate their responsibility to a balance responsible party of their choice. From 1 January 2025, no exemption to balance responsibility shall be allowed.
Amendment 363 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All prequalified market participants shall have access to the balancing market, be it individually or through aggregation. Balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies.
Amendment 382 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The imbalances shall be settled at a price that reflects the real time value of energy. calculated according to EB GL
Amendment 385 #
Amendment 390 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 401 #
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
9. The procurement of upward balancing capacity and downward balancing capacity shall be carried out separately, except in cases described in Article 32 (3) of Commission Regulation (EU).../...establishing a guideline on electricity balancing (EBGL). The contracting shall be performed on short- term basis for not longer than one day before the provision of the balancing capacity and the contracting period shall have a maximum of one day. When cost efficient, the contracting may be partially performed on a longer term basis with a longer contacting period.
Amendment 410 #
Proposal for a regulation
Article 5 – paragraph 10
Article 5 – paragraph 10
10. Transmission system operators shall publish close to real-time information on the current balancing state of their control areas, the imbalance price and theand the estimate of balancing energy price.
Amendment 413 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Transmission system operators and nominated electricity market operators shall jointly organise the management of the integrated day-ahead and intraday markets based on market coupling as set out in Regulation (EU) 2015/1222. Transmission system operators and nominated electricity market operators shall cooperate at Union level or, where more appropriate, on a regional basis in order to maximise the efficiency and effectiveness of Union electricity day- ahead and intraday trading. The obligation to cooperate shall be without prejudice to the application of the provisions of Union competition law. In their functions relating to electricity trading, transmission system operators and nominated electricity market operators shall be subject to regulatory oversight by regulators and the Agency pursuant to Article 59 of [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2] and Articles 4 and 9 of [recast of Regulation (EC) No 713/2009 as proposed by COM(2016) 863/2].
Amendment 418 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) maximise the opportunities for market participants to participate in cross- borderzonal trade as close as possible to real time across all bidding zones;
Amendment 421 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 461 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. There shall be no maximum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with Article 10. There shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 € or less and, in the event that it is or anticipated to be reached, set at a lower value for the following day. This provision shall apply, inter alia, to bidding and clearing in all timeframes and include balancing energy and imbalance prices.
Amendment 462 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. There shall be no maximum limit of the wholesale electricity balancing market price unless it is set atreflecting the value of lost load as determined in accordance with Article 10. There shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 € or less and, in the event that it is or anticipated to be reached, set at a lower value for the following day. This provision shall apply, inter alia, to bidding and clearing in all timeframes and include balancing energy and imbalance prices.
Amendment 469 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, until [OP: two years after entry into force]nominated electricity market operators may apply harmonized limits on maximum clearing prices for single day- ahead andcoupling and single intra-day timeframescoupling in accordance with Articles 41 and 54 of Regulation (EU) 2015/1222. Such harmonized limits shall be set at the value close to the value of lost load. In the event that limits are, or are anticipated to be, reached, they shall be raised for the following day.
Amendment 478 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By [OP: one year after entry into force] Member States or by the Member States designated authority shall establish a single estimate of the Value of Lost Load (VoLL) for their territory, expressed in €/MWh. That estimate shall be reported to the Commission and made publically available. Member States may establish different VoLL per bidding zone if they have several bidding zones in their territory. In establishing VoLL, Member States shall apply the methodology developed pursuant to Article 19(5).
Amendment 506 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. When dispatching electricity generating installations, transmission system operators shallmay give priority to generating installations using renewable energy sources or high-efficiency cogeneration from small generating installations or generating installations using emerging technologies to the following extent:
Amendment 514 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 5100 kW; or
Amendment 528 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 562 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market-based mechanisms and be financially compensated. In the event of critical grid situations caused by regional excess demand or supply of electricity a flexible configuration of demand, storage or supply facilities, shall be exempted from grid fees and other charges when helping to avoid costly grid congestion and subsequent curtailment measures. In case of incremental electricity consumption via demand response measures, grid fee exemption is granted irrespective of the end use of the electricity. That includes flexible demand units shifting their load (electricity consumption) to a later point of time via energy storage units. Likewise, electricity from flexible renewable generation units that increase system efficiency by offering market-based flexibility options instead of curtailment measures shall be compensated by exemption from any charges and taxes related to the electricity retail prices. Non-market- based curtailment or redispatching of generation or redispatching of demand response shall only be used where no market-based alternative is available, where all available market-based resources have been used, or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition. The provision of market-based resources shall be open to all generation technologies, storage and demand response and sector coupling technologies, including operators located in other Member States unless technically not feasible. In order to fulfil the EU emission target the eligibility of market-based flexibility options should depend on their carbon emission intensity. Facilities should only be eligible to participate in a marked-based procurement model if its emissions are below 450 gr CO2/kWh and at least 10% of fuel requirements (in terms of calorific value) are based on renewable energy sources. In case the consumed fuel has a RES share physically below 10% the remaining fraction can be offset by virtual blending activities via Guarantees of Origin. Also small-scale units of at least 100kW capacity should be eligible to participate.
Amendment 576 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating installations using renewable energy sources or high-efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future. Curtailment or redispatching of generating installations using renewable energy sources or high-efficiency cogeneration shall be subject to compensation pursuant to paragraph 6.
Amendment 587 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high- efficiency cogeneration with minimum possible curtailment or redispatching. That shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 52 % of installed capacities using renewable energy sources or high- efficiency cogeneration in their area;
Amendment 594 #
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. Where non-market-based downward redispatching or curtailment is used, ithe following principles shall apply:
Amendment 595 #
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
Amendment 605 #
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
Amendment 611 #
Proposal for a regulation
Article 12 – paragraph 5 – point c
Article 12 – paragraph 5 – point c
Amendment 625 #
Proposal for a regulation
Article 12 – paragraph 5 – point d
Article 12 – paragraph 5 – point d
(d) downward redispatching or curtailment under letters a to c shall be duly and transparently justified. The justification shall be included in the report under paragraph 3.
Amendment 644 #
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
(b) 90 % of the net revenues from the sale of electricity on the day-ahead market that the generating or demand facility would have generated without the curtailment or redispatching request. Where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed, lost financial support shall be deemed part of the net revenues.
Amendment 651 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Bidding zone borders shall be based on long-term, structural congestions in the transmission network and bidding zones shall not contain such congestions. The configuration of bidding zones in the Union shall be designed in such a way as to maximise economic efficiency and cross- border trading opportunities while maintaining security of supply. Current bidding zones shall be assessed in considering their ability to incentivize sufficient flexible generation and load capacity which is vital for avoiding grid bottlenecks, balancing electricity demand and supply and securing the long-term security of the grid. If the bidding zone design does not allow for price peaks in terms of scarcity prices the redesign of The bidding zones shall be mandated by the Agency.
Amendment 704 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The maximum capacity of the interconnections and/or the transmission networks affecting cross-border flows shall be made available to market participants, complying with safety standards of secure network operation. Counter-trading and redispatch, including cross-border redispatch, shall be used to maximise available capacities unless it is demonstrated that it is not beneficial to economic efficiency at Union level.
Amendment 727 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Charges applied by network operators for access to networks , including charges for connection to the networks, charges for use of networks, and, where applicable, charges for related network reinforcements, shall be transparent, take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non-discriminatory manner. In particular, they shallWithout prejudice to Article 15 (1) and (6) and the criteria in Annex XI of Directive 2012/27/EU, they shall, in particular, be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level, either positively or negatively. They shall noteither discriminate against nor provide incentives for energy storage and shall not create disincentives for participation in demand response. Without prejudice to paragraph 3, those charges shall not be distance- related.
Amendment 751 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. Distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers, and may be differentiated based on system users’ consumption or generation profiles. Where Member States have implemented the deployment of smart metering systems, regulatory authorities may introduce time differentiated network tariffs, reflecting the use of the network, in a transparent and foreseeable way for the consumer. Industrial consumers should be exempt from charges when preventing grid congestion or providing balancing energy through flexibility and services via storage, green hydrogen, and other load shifting measures irrespective of end use of electricity. This exemption applies to all sorts of industrial customers that are able to shift their load in a system-friendly fashion either by a flexible production profile or by the help of (backup) energy storage.
Amendment 762 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems. For that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies, including energy efficiency, in their networks. DSOs and TSOs shall be entitled to approve flexibility services that secure grid stability via network operating resources, i.e. costs for procuring such flexibility services or building and operating a storage installation providing the needed flexibility must be considered as grid infrastructure and must be treated equally as investments in grid expansion.
Amendment 815 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
If the revenues cannot be efficiently used for the purposes set out in points (a) or (b) of the first subparagraph, they shall be placed on a separate internal account line for future use on these purposes.
Amendment 820 #
Amendment 829 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Transmission system operators shall clearly establish beforehand how any congestion income will be used, and report on the actual use of thatcongestion income. On an annual basis, and by 31 July each year, the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12-month period ending on 30 June1 December of the same year and how that revenue was used, including the specific projects the income has been used for or the amount placed on a separate account line, together with verification that that use complies with this Regulation and the methodology developed pursuant to paragraph 3.
Amendment 889 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The European resource adequacy assessment shall cover the overall adequacy of the electricity system to supply current and projected demands for electricity with respect to the availability of primary resources for a ten-year period from the date of that assessment, in a yearly resolution.
Amendment 894 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Transmission system operators shall provide the ENTSO for Electricity with the data it needs to carry out, every year, the European resource adequacy assessment. The ENTSO for Electricity shall carry out the assessment every year. Market participants shall, based on their possibilities and data availability, provide transmission system operators with data regarding expected future utilization of generation sources.
Amendment 913 #
Proposal for a regulation
Article 19 – paragraph 4 – point i a (new)
Article 19 – paragraph 4 – point i a (new)
(ia) Respecting real network development.
Amendment 946 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The reliability standard shall be set by the national regulatoryMember state or by the Member state designated authority based on the methodology pursuant to Article 19(5).
Amendment 958 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Mechanisms other than strategic reserves shall be open to direct participation of capacity providers located in another Member State provided there is a network connection between that Member State and the bidding zone applying the mechanism.
Amendment 998 #
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Regional operational centres established pursuant to Article 32levant transmission system operator shall annually calculate the maximum entry capacity available for the participation of foreign capacity taking into account the expected availability of interconnection and the likely concurrence of system stress between the system where the mechanism is applied and the system in which the foreign capacity is located. A calculation is required for each bidding zone border.
Amendment 1041 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Capacity mechanisms shall be designed in a way which does not create unnecessary market distortions and not limit cross-border trade. The amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern.
Amendment 1057 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1064 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Generation capacity for which a final investment decision has been made after [OP: entry into force] shall only be eligible to participate in a capacity mechanism if its emissions are below 550 gr CO2/kWh. GExisting generation capacity emitting 550 gr CO2/kWh or more shall not be committed in capacity mechanisms 5 years after the entry into force of this Regulation650 gr CO/kWh or more shall not be committed in capacity mechanisms 5 years after entry into force of this Regulation. Existing generation capacity emitting 600 gr CO2/kWh or more shall not be committed in capacity mechanisms 10 years after the entry into force of this Regulation. Existing generation capacity emitting 550 gr CO/kWh or more shall not be committed in capacity mechanisms 15 years after the entry into force of this Regulation. Installations burning waste gases, including blast furnace gases, shall not be subject to the CO2 emission limit, taking into account the efficient energy recovery of waste gases and its environmental benefit, and the fact that the high CO2 content of the waste gases is transferred from the industrial process, for example steel making process ("inherent CO2" according to the Monitoring and Reporting Regulation). The CO2 emission factor of an electricity generation installation shall be based on the net efficiency at nominal capacity under ISO conditions.
Amendment 1105 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a When designing capacity mechanisms Member States shall include an exit clause, a provision allowing for efficient phase-out of a capacity mechanism in case the resource adequacy assessment proves that the adequacy concern is not present anymore.
Amendment 1109 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States applying capacity mechanisms on [OP: entry into force of this Regulation] shall adapt their mechanisms to comply with Articles 18, 21 and 23 of this Regulation within [two] years after entry into force of this Regulation.
Amendment 1142 #
Proposal for a regulation
Article 31
Article 31
Amendment 1150 #
Proposal for a regulation
Article 32
Article 32
Amendment 1169 #
Proposal for a regulation
Article 33
Article 33
Amendment 1181 #
Proposal for a regulation
Article 34
Article 34
Amendment 1194 #
Proposal for a regulation
Article 34 – paragraph 1 – point g
Article 34 – paragraph 1 – point g
Amendment 1199 #
Proposal for a regulation
Article 34 – paragraph 1 – point h
Article 34 – paragraph 1 – point h
Amendment 1228 #
Proposal for a regulation
Article 35
Article 35
Amendment 1247 #
Proposal for a regulation
Article 36
Article 36
Amendment 1251 #
Proposal for a regulation
Article 37
Article 37
Amendment 1258 #
Proposal for a regulation
Article 38
Article 38
Amendment 1283 #
Proposal for a regulation
Article 39
Article 39
Amendment 1302 #
Proposal for a regulation
Article 40
Article 40
Amendment 1313 #
Proposal for a regulation
Article 41
Article 41
Amendment 1323 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Amendment 1329 #
Proposal for a regulation
Article 43
Article 43
Amendment 1343 #
Proposal for a regulation
Article 44
Article 44
Amendment 1365 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Distribution system operators which are not part of a vertically integrated undertaking or which are unbundled according to the provisions of Article 35 [recast of Directive 2009/72/EC as proposed by COM(2016) 864/2], shall cooperate at Union level through a European Entity for Distribution system operators ("EU DSO entity"), in order to promote the completion and functioning of the internal market in electricity, and to promote optimal management and a coordinated operation of distribution and transmission systems. Distribution system operators who wish to participate in the EU DSO entity shall become registered members of the entity. Decision-making process shall ensure for proportional geographical representation of DSOs in the EU DSO entity.
Amendment 1398 #
Proposal for a regulation
Article 50 – paragraph 6
Article 50 – paragraph 6
6. The costs related to the activities of the EU DSO entity shall be borne by distribution system operators who are registered members and shall be taken into accountconsidered as eligible cost and taken into account by regulatory authority in the calculation of tariffs. Regulatory authorities shall approve those costs only if they are reasonable and proportionate.
Amendment 1453 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Commission may, subject to the empowerments in Articles 55 and 57, adopt delegated acts. Such delegatedimplementing acts. Such implementing acts can either be adopted as network codes on the basis of text proposals developed by the ENTSO for Electricity, or, where so decided in the priority list pursuant to Article 55 paragraph 2, by the EU DSO entity and the Agency pursuant to the procedure in Article 55 or as guidelines pursuant to the procedure in Article 57.
Amendment 1461 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 63 concerning the establishment of network codes in the following areas:
Amendment 1464 #
Proposal for a regulation
Article 55 – paragraph 1 – point g
Article 55 – paragraph 1 – point g
(g) capacity-allocation and congestion- management rules including curtailment of generation and redispatch of generation and demand ;
Amendment 1473 #
Proposal for a regulation
Article 55 – paragraph 1 – point k
Article 55 – paragraph 1 – point k
(k) rules regarding harmonised transmission and distribution tariff structures and connection charges including locational signals and inter- transmission system operator compensation rules;
Amendment 1479 #
Proposal for a regulation
Article 55 – paragraph 1 – point n
Article 55 – paragraph 1 – point n
Amendment 1522 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 63 concerning the amendment of network codes following the procedure under Article 55. Amendments can also be proposed by the Agency under the procedure set out in paragraphs 2 to 4 of this Article.
Amendment 1530 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The Commission may adopt a delegatedimplementing act as a Guideline in the areas where such acts could also be developed under the network code procedure pursuant to Article 55 (1).
Amendment 1534 #
Proposal for a regulation
Article 57 – paragraph 4 – subparagraph 1
Article 57 – paragraph 4 – subparagraph 1
Guidelines may also determine appropriate rules relating to charges applied to producers, energy storage and customers (load) under national distribution and transmission tariff systems and connection regimes , including the reflection of the inter-transmission system operator compensation mechanism in national network charges and the provision of appropriate and efficient locational signals, in accordance with the principles set out in Article 16.
Amendment 1549 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
1. The power to adopt delegatedimplementing acts is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 1551 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The power to adopt delegatedimplementing acts referred to in Article 31(3), Article 46(4), Article 55(1), Article 56(1) and (4), and Article 59(11) shall be conferred on the Commission for an undetermined period of time from the [OP: please insert the date of entry into force].
Amendment 1555 #
Proposal for a regulation
Article 63 – paragraph 4
Article 63 – paragraph 4
4. Before adopting a delegatedn implementing act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
Amendment 1558 #
Proposal for a regulation
Article 63 – paragraph 5
Article 63 – paragraph 5
5. As soon as it adopts a delegatedn implementing act, the Commission shall notify it simultaneously to the European Parliament and to the Council.