Activities of Sergey LAGODINSKY related to 2020/0345(COD)
Legal basis opinions (0)
Amendments (49)
Amendment 49 #
Proposal for a regulation
Recital 1
Recital 1
(1) Ensuring an effective access of citizens and businesses to justice and facilitating judicial cooperation in civil, commercial and criminal matters between the Member States are among the main objectives of the EU’s Area of Freedom, Security and Justice enshrined in Title V of the Treaty.
Amendment 56 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Digitalisation of proceedings in civil and criminal matters should be encouraged with the aim of strengthening the rule of law and the fundamental rights guarantees in the Union, particularly by facilitating access to justice and ensuring the rights to an effective remedy and to a fair trial.
Amendment 57 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2 b) Special attention should be paid to respect the lines between distinct Union policy fields, notably criminal justice and internal security, so that the role of criminal justice and the democratic oversight are not undermined. Reciprocal judicial scrutiny of cross-border data- gathering measures should remain a key requirement of Union judicial cooperation in criminal matters, and constitute a key legal certainty factor.
Amendment 63 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 68 #
Proposal for a regulation
Recital 6
Recital 6
(6) Given the importance of the e- CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability. The system should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation in civil and criminal matters and to enable the exchange of information between the access points.
Amendment 74 #
Proposal for a regulation
Recital 7
Recital 7
(7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while taking into accountensuring the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated.
Amendment 75 #
Proposal for a regulation
Recital 8
Recital 8
(8) The most appropriate entity for the operational management of the system is an agency, since its governance structure allows for the involvement of Member States in the operational management of the system through participation in the Agency's Management Board, Advisory Groups and Programme Management Boards. The European Union Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council33 has relevant experience in managing large- scale IT Systems. eu-LISA shcould therefore be entrusted with the operational management of the e-CODEX system, under certain conditions. It is also necessary to adjust the existing governance structure of eu-LISA by adapting the responsibilities of its Management Board and by establishing an e-CODEX Advisory Group. Regulation (EU) 2018/1726 should therefore be amended accordingly. A specific Programme Management Board should also be established. _________________ 33Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99)
Amendment 77 #
Proposal for a regulation
Recital 9
Recital 9
(9) According to Article 19 of Regulation (EU) 2018/1726 the role of the Management Board of eu-LISA is, inter alia, to ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary. The governance structure of the Agency and financing scheme further guarantee the respect of that principle. Ìt is also important to involve the legal professions and other stakeholdersactitioners, other experts and other stakeholders, such as the Hague Conference on Private International Law and scientific researchers, in the governance of the e-CODEX system through the Advisory Group and the Programme Management Board.
Amendment 83 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) e-CODEX correspondents designated by the Commission or by Member States should have the role of supporting the operation of the e-CODEX system among Member States but also among all relevant stakeholders, including those based in third countries, in view of reinforcing international cooperation and compatible multilateral technological standards.
Amendment 84 #
Proposal for a regulation
Recital 11
Recital 11
(11) The e-CODEX system can be used in cross-border civil and criminal proceedingmatters. However, given its open source nature, it could also be used infor other situationpurposes outside of the scope of judicial cooperation under national or Union law, as long as such use does not impair the use of the e-CODEX system for judicial proceedings. This Regulation should notonly apply to any use of the e-CODEX system which is not based on the legal acts listed in Annex Ithe cross-border exchange of data between connected systems via authorised e-CODEX access points, including any relevant structure involved in the operation of the e-CODEX system, in accordance with the corresponding digital procedural standards.
Amendment 86 #
Proposal for a regulation
Recital 12
Recital 12
(12) eu-LISA should have more responsibility for the components of the e- CODEX system, except for the operational management of the Domibus Gateway software, since that software is currently provided on a cross-sectoral basis within the eDelivery building block by the Commission. eu-LISA should take over full responsibility for the operational management of the Domibus Connector software and the digital procedural standards from the entity managing the e- CODEX system. Given that the Domibus Gateway and the Domibus Connector are integral components of e-Codex, eu-LISA should issue guidance as to how to assure compatibility of the connector with the latest version of the gateway. To that end, the Commission should include eu-LISA in the preparatory work undertaken before eu-LISA takes over the e-CODEX system, and in the relevant governance body of the eDelivery building block from the moment of the entry into force of this Regulation.
Amendment 87 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of extending the judicial procedures covered by the e- CODEX system and of delineating the extension of competences of eu-LISA. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 1a OJ L 123, 12.5.2016, p. 1.
Amendment 90 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The Commission should conclude a memorandum of understanding, in collaboration with all relevant stakeholders, in order to ensure coherence between the exercise of their respective responsibilities in relation to the components of the e-CODEX system referred to in this Regulation, and in view of ensuring better regulation standards.
Amendment 91 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Member States should maintain a list of authorised e-CODEX access points operated within their territory, and communicate them to eu- LISA in order to enable the interaction between them in the context of the relevant procedures. The Commission should maintain a similar list of authorised e- CODEX access points operated by the Union institutions, bodies and agencies for the same reason. The entities operating the access points at national level or Union level may be public authorities, or legal persons, such as organisations representing legal practitioners or private companies. Bearing in mind the decentralised nature of the e-CODEX system, while eu-LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e-CODEX access points should lie exclusively with the entities operating the relevant access points. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point. authorised under national or Union law to operate the access points. The Union institutions, bodies, offices, agencies and European organisations operating as authorised e-CODEX access points are to comply with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council1a. The entities operating authorised e-CODEX access points at national level are to comply with the data protection requirements and principles laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council1b and in Directive 2002/58/EC of the European Parliament and of the Council1c. Bearing in mind the decentralised nature of the e-CODEX system, while eu-LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e-CODEX access points should lie exclusively with the entities operating the relevant access points. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point. The Member States and the Commission should ensure that the entities operating the authorised e-CODEX access points have the necessary technical equipment and human resources in order to guarantee a proper and trustworthy functioning of the e-CODEX system. _________________ 1aRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 1bRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 1cDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 103 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Member States should supervise their authorised e-CODEX access points, with closer scrutiny as regards private companies, in particular with respect to the mandatory data security measures to be put in place.
Amendment 104 #
(16) The national systems interconnected via the e-CODEX system should allow for monitoring its efficiency and effectiveness by providing a mechanism to monitor the outputs, results and impacts of instruments that enable the transmission of electronic data in the context of cross-border civil and criminal proceedings in the Union. The systems connected to the authorised e-CODEX access points should therefore be able to systematically collect and maintain comprehensive data on the use of cross- border civil and criminal proceedings in accordance with the relevant provisions of the legal acts listed in Annex I. This should not only alleviate the work of the Member States in collecting the relevant data and ensure mutual accountability and transparency, but also significantly facilitate the ex-post monitoring of the legal acts adopted in the area of civil and criminal cooperation by the Commission. The collected information should only encompass aggregated data and should not constitutetain personal data.
Amendment 106 #
Proposal for a regulation
Recital 17
Recital 17
(17) eu-LISA should maintain a high level of security when carrying out its tasks. When undertaking further technical evolutions of software, eu-LISA should implement the principles of security by design and data protection by design and by default, in accordance with Regulation (EU) 2018/1725s (EU) 2016/6791a and (EU) 2018/17251b of the European Parliament and of the Council, as well as with Directive 2002/58/EC of the European Parliament and of the Council1c. The entities operating the authorised e-CODEX access point should bear the responsibility for the security and the protection of the data transmitted via their access points. _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 1bRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 1cDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 237).
Amendment 112 #
Proposal for a regulation
Recital 20
Recital 20
(20) The handover should also ensure that any intellectual property rights or usage rights relating to the e-CODEX system and the relevant supporting products are transferred so as to enable eu- LISA to carry out its responsibilities under this Regulation. However, for the main software components of the system, a contractual transfer should not be needed, as the Domibus software is open source and covered by the European Union Public Licence (EUPL). Maintenance and improvements of the software should maintain that licence or make use of compatible open source licencing, and where appropriate, source code contribution policies put into place.
Amendment 114 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order for the Commission to be able to evaluate the e-CODEX system on a regular basis, eu-LISA should report to the Commission every two years on the technical evolution and the technical functioning of the e-CODEX system. In order to feed into that report, Member States should provide eu-LISA with the relevant information concerning the access points operated in their territory and the Commission should provide similar information concerning the access points operated by Union institutions, bodies and agencies. but also Union organisations. The information on the evaluation of the e-CODEX system should be regularly transmitted by the Commission to the European Parliament and to the Council.
Amendment 117 #
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation should not provide any specific legal basis for processing personal data. Any processing of personal data performed in the framework of this Regulation should be in accordance with the applicable data protection rules. Directive 2002/58/EC of the European Parliament and of the Council34a, Regulation (EU) 2016/679 of the European Parliament and the Council35 and Directive (EU) 2016/680 of the European Parliament and the Council36 , apply to the processing of personal data carried out by e-CODEX access points, operated by authorised e- CODEX access points which are established within the territory of the Member States according to this Regulation. _________________ 34aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 35Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 36 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to the electronic transmission of information in the context of judicial cooperation in cross-border civil and criminal proceedingmatters by means of the e- CODEX system in accordance with the legal acts adopted in the area of judicial cooperation listed in Annex Iin civil and criminal matters within the competence of the Union.
Amendment 129 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘authorised e-CODEX access point’ means an e-CODEX access point which has been notified to eu-LISAauthorised under national or Union law which has been notified to eu-LISA by the Commission or a Member State in accordance with Article 5(4) or Article 7(1) and which is operating aone or more digital procedural standards as referred to in Article 4(3);
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(b a) ‘e-CODEX correspondent’ means an entity designated by a Member State, the Commission or any other competent party, as competent to request and receive technical support as referred to in point (f) of Article 6(2) from eu-LISA in relation to the e-CODEX system;
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘entity operating an authorised e- CODEX access point’ means a Union institution, body, orffice, agency or organisation, a national public authority or legal person which is operating an authorised e-CODEX access point;
Amendment 133 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘central testing platform’ means an e-CODEX access point used exclusively for testing, that provides a set of functions which can be used by entities operating authorised e-CODEX access points to verify the correct operation of their access points and the correct use of the e-CODEX digital procedural standards in the connected systems linked to these access points, while ensuring the integrity and availability of the rest of the e-CODEX system;
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(g a) ‘digital procedural standard’ means all relevant technical specifications on business process models, data schemes and data exchanges, based on the Union e-Justice Core Vocabulary supporting the structure of the e-CODEX system.
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. A digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by the legal acts listed in Annex Ireferred to in Article 2.
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts to supplement this Regulation by extending the judicial procedures covered by the e-CODEX system and by delineating the competence of eu-LISA, following preparatory consultations with relevant stakeholders and experts.
Amendment 150 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall maintain a list of authorised e-CODEX access points which are operated by Union institutions, bodies, offices and agencies, as well as European organisations, and the cross- border civil and criminal procedurematters as well as formsthe digital procedural standards with which each access point is authorised to applyoperate. It shall notify the changes to eu- LISA without delay, without prejudice to the annual notification provided for in Article 14.
Amendment 155 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II, according to the conditions laid down in the relevant delegated acts.
Amendment 156 #
Proposal for a regulation
Article 6 – paragraph 2 – point g
Article 6 – paragraph 2 – point g
(g) maintenance and distribution to the authorised e-CODEX access points of the business process models, of the templatedigital procedural standards defining the electronic format of documentsata referred to in Article 4(3) and of the underlying pre- defined collection of data models;
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
(j) preparation and distribution to the authorised e-CODEX access points of new business process models and templates defining the electronic format of documents referred to in Article 4(3), digital procedural standards, including by organising and facilitating workshops with the e-CODEX correspondents.
Amendment 158 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. eu-LISA shall be responsible for the following additional tasks, in accordance with the conditions laid down in the relevant delegated acts:
Amendment 161 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall maintain a list of authorised e-CODEX access points, operated within their territory and, when relevant, operated in third countries, and the cross-border civil and criminal procedures as well as formthe digital procedural standards which each access point is authorised to apply. They shall notify the changes to eu-LISA without delay, without prejudice to the annual notification provided for in Article 14.
Amendment 163 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each Member State shall designate up to fiveten e-CODEX correspondents. Only those correspondents, as defined in point (ba) of Article 3 shall be entitled to request and receive the technical support referred to in Article 6(2)(f).
Amendment 167 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The entity operating an authorised e-CODEX access point shall provide for a mechanism in its connected system(s) allowing for the retrieval of relevant data on the use of cross-border civil and criminal procedures in accordance with the relevant provisions of the legal acts listed in Annex Ireferred to in Article 2.
Amendment 168 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The responsibility for any damage resulting from the operation of an authorised e-CODEX access point and any connected systems shall be borne by the entity operating that authorised e-CODEX access point, which can claim compensation from a responsible third person or entity, under judicial oversight, when relevant.
Amendment 178 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
It shall without delay notify any security issue to eu-LISA and to the Member State that maintains the list of authorised e- CODEX access points where that access point is listed, or, in the case of an access point operated by a Union institution, body or, agency or organisation, to the Commission.
Amendment 179 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. As from 1 January 2023, the e- CODEX Advisory Group established pursuant to Article 27(dc) of Regulation (EU) 2018/1726 shall provide eu-LISA with the necessary expertise related to the e-CODEX system, in particular in the context of preparation of its annual work programme and its annual activity report. It shall also follow up on the state of implementation in the Member States and in the relevant structures using e- CODEX. The Advisory Group shall be informed of any security issues.
Amendment 183 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The e-CODEX Advisory Group shall involve in its work the professional organisationlegal practitioners, other experts and other stakeholders, which participated in the management of the e-CODEX system at the time of its handover and which can provide technical support for the further operation of the e-CODEX system, notably by providing scientific research support.
Amendment 187 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By 1 January 2023, the Management Board of eu-LISA shall establish an e-CODEX Programme Management Board composed of ten members.
Amendment 189 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Programme Management Board shall be composed of eight members appointed by the Management Board,leven members: the Chair of the Advisory Group referred to in Article 11 and one member appointed by the Commission, eight members appointed by the Management Board, one member appointed by the Commission and one member appointed by the Parliament. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e- CODEX system, with at least half of them being women.
Amendment 192 #
Proposal for a regulation
Article 12 – paragraph 5 – point d
Article 12 – paragraph 5 – point d
(d) admission of experts to the meetings, including professional organisations and other stakeholders, including from academia, participating in the management of the e- CODEX system at the moment of its handover;
Amendment 194 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
eu-LISA shall perform tasks related to the provision of training on the technical use of the e-CODEX system towards all relevant stakeholders in accordance with Regulation (EU) 2018/1726, including provision of online training material.
Amendment 195 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the number and type of incidents encountered by entities operating authorised e-CODEX access points within the territory of the Member State and impacting the security of the e-CODEX system.
Amendment 196 #
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) the list of authorised e-CODEX access points that are operated by Union institutions, bodies and agencies, and the cross-border civil and criminal procedures and forms that each e- CODEX access point is authorised to apply, referred to in Article 5(4);
Amendment 197 #
(c) the number of messages sent and received by each authorised e-CODEX access point operated by Union institutions, bodies and agencies, grouped by corresponding authorised e-CODEX access point and cross-border civil and criminal procedure;
Amendment 198 #
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) the number and type of incidents encountered by entities operating authorised e-CODEX access points that are operated by Union institutions, bodies and agencies and impacting the security of the e-CODEX system.
Amendment 201 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. For the first time, threewo years after eu-LISA takes over responsibility for the e- CODEX system, and every fourthree years thereafter, the Commission shall produce an overall evaluation of the e-CODEX system. That overall evaluation shall include an assessment of the application of this Regulation and an examination of results achieved against objectives, and may propose possible future actions. At the time of the first evaluation, the Commission shall also reexamine the role of the Programme Management Board and its continuation. The Commission shall transmit the evaluation report to the European Parliament and the Council.