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THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) and Article 218(6)(a) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1) In accordance with the Decision of the Council of 19 October 2009, the Statute of the International Renewable Energy Agency (IRENA)(1) (hereinafter referred to as ‘the Statute’) was signed on behalf of the European Community on 23 November 2009.
(2) As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.
(3) It is appropriate for the Union to conclude the Statute.
(4) Both the Union and its Member States have competences in the areas covered by the Statute.
(5) Article VI.C of the Statute foresees that regional intergovernmental economic integration organisations that become members of the International Renewable Energy Agency (hereinafter referred to as ‘IRENA’) declare the extent of their competence with respect to the matters governed by the Statute.
(6) The Union should therefore adopt such a declaration of competences.
(7) The Union should pay an annual contribution to IRENA foreseen by the Intelligent Energy-Europe (‘IEE’) Programme,
HAS ADOPTED THIS DECISION:
1.The Declaration of competences is hereby adopted on behalf of the Union and the text thereof is annexed to this Decision.
2.The Statute of the International Renewable Energy Agency (IRENA) (hereinafter referred to as ‘the Statute’), is hereby approved on behalf of the Union and the text thereof is attached to this Decision.
1.The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of ratification, on behalf of the Union, with the Government of the Federal Republic of Germany as depositary of the Statute in accordance with Article XIX and Article XX.A of the Statute in order to express the consent of the Union to be bound.
2.The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union, the Declaration of competences contained in the Annex, in accordance with Article VI.C of the Statute.
The Union shall pay an annual contribution to the International Renewable Energy Agency.
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 24 June 2010.
For the Council
The President
J. Blanco López
the Union has exclusive competence where a provision of the IRENA statute or an act implementing that statute is necessary to enable the Union to exercise its internal competence or in so far as the provisions of a Union act establish common rules that may be affected or altered in scope by provisions of the IRENA Statute or an act adopted in implementation thereof,
insofar as common rules exist but are neither affected nor altered in scope, in particular in cases of Union provisions establishing only minimum standards, the Member States have competence, without prejudice to the competence of the Union, to act in this field,
Member States remain solely competent for matters under the IRENA statute in respect of which the Union has not adopted common rules.
The list of Union acts below illustrates the extent to which the Union has exercised its internal competence in this field in accordance with the Treaty on the Functioning of the European Union. The extent of Union competence ensuing from these acts must be assessed by reference to the precise provisions of each measure, and in particular the extent to which these provisions establish common rules, and, for the purpose of determining the existence of exclusive Union competence, the extent to which these common rules are affected or altered in scope by the provisions of the IRENA statute or an act adopted in implementation thereof.
Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (OJ L 283, 27.10.2001, p. 33),
Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport (OJ L 123, 17.5.2003, p. 42),
Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).
The PARTIES to this Statute,U.K.
DESIRING to promote the widespread and increased adoption and use of renewable energy with a view to sustainable development,
INSPIRED by their firm belief in the vast opportunities offered by renewable energy for addressing and gradually alleviating problems of energy security and volatile energy prices,
CONVINCED of the major role that renewable energy can play in reducing greenhouse gas concentrations in the atmosphere, thereby contributing to the stabilisation of the climate system, and allowing for a sustainable, secure and gentle transit to a low carbon economy,
DESIRING to foster the positive impact that renewable energy technologies can have on stimulating sustainable economic growth and creating employment,
MOTIVATED by the huge potential of renewable energy in providing decentralised access to energy, particularly in developing countries, and access to energy for isolated and remote regions and islands,
CONCERNED about the serious negative implications that the use of fossil fuels and the inefficient use of traditional biomass can have on health,
CONVINCED that renewable energy, combined with enhanced energy efficiency, can increasingly cover the anticipated steep increase in global energy needs in the coming decades,
AFFIRMING their desire to establish an international organisation for renewable energy, that facilitates the cooperation between its Members, while also establishing a close collaboration with existing organisations that promote the use of renewable energy,
HAVE AGREED AS FOLLOWS:
The Agency shall promote the widespread and increased adoption and the sustainable use of all forms of renewable energy, taking into account:
national and domestic priorities and benefits derived from a combined approach of renewable energy and energy efficiency measures; and
the contribution of renewable energy to environmental preservation, through limiting pressure on natural resources and reducing deforestation, particularly tropical deforestation, desertification and biodiversity loss; to climate protection; to economic growth and social cohesion including poverty alleviation and sustainable development; to access to and security of energy supply; to regional development and to inter-generational responsibility.
In this Statute the term ‘renewable energy’ means all forms of energy produced from renewable sources in a sustainable manner, which include, inter alia:
bioenergy;
geothermal energy;
hydropower;
ocean energy, including, inter alia tidal, wave and ocean thermal energy;
solar energy; and
wind energy.
In particular for the benefit of its Members the Agency shall:
analyse, monitor and, without obligations on Members’ policies, systematise current renewable energy practices, including policy instruments, incentives, investment mechanisms, best practices, available technologies, integrated systems and equipment, and success-failure factors;
initiate discussion and ensure interaction with other governmental and non-governmental organisations and networks in this and other relevant fields;
provide relevant policy advice and assistance to its Members upon their request, taking into account their respective needs, and stimulate international discussions on renewable energy policy and its framework conditions;
improve pertinent knowledge and technology transfer and promote the development of local capacity and competence in Member States including necessary interconnections;
offer capacity building including training and education to its Members;
provide to its Members upon their request advice on the financing for renewable energy and support the application of related mechanisms;
stimulate and encourage research, including on socioeconomic issues, and foster research networks, joint research, development and deployment of technologies; and
provide information about the development and deployment of national and international technical standards in relation to renewable energy, based on a sound understanding through active presence in the relevant fora.
Furthermore, the Agency shall disseminate information and increase public awareness on the benefits and potential offered by renewable energy.
act in accordance with the purposes and principles of the United Nations to promote peace and international cooperation, and in conformity with policies of the United Nations furthering sustainable development;
allocate its resources in such a way as to ensure their efficient utilisation with a view to appropriately address all its objectives and perform its activities for achieving the greatest possible benefit for its Members and in all areas of the world, bearing in mind the special needs of the developing countries, and remote and isolated regions and islands;
cooperate closely and strive for establishing mutually beneficial relationships with existing institutions and organisations in order to avoid unnecessary duplication of work and build upon and make efficient and effective use of resources and on-going activities by governments, other organisations and agencies, which aim to promote renewable energy.
submit an annual report on its activities to its Members;
inform Members about its policy advice after it was given; and
inform Members about consultation and cooperation with and the work of existing international organisations working in this field.
original Members of the Agency by having signed this Statute and having deposited an instrument of ratification;
other Members of the Agency by depositing an instrument of accession after their application for membership has been approved. Membership shall be regarded as approved if three months after the application has been sent to Members no disagreement has been expressed. In case of disagreement the application shall be decided on by the Assembly in accordance with Article IX paragraph H number 1.
intergovernmental and non-governmental organisations active in the field of renewable energy;
Signatories that have not ratified the Statute; and
applicants for membership whose application for membership has been approved in accordance with Article VI paragraph B number 2.
the Assembly;
the Council; and
the Secretariat.
The Assembly is the supreme organ of the Agency.
The Assembly may discuss any matter within the scope of this Statute or relating to the powers and functions of any organ provided for in this Statute.
On any such matter the Assembly may:
take decisions and make recommendations to any such organ; and
make recommendations to the Members of the Agency, upon their request.
Furthermore, the Assembly shall have the authority to propose matters for consideration by the Council and request from the Council and the Secretariat reports on any matter relating to the functioning of the Agency.
elect the members of the Council;
adopt at its regular sessions the budget and the work programme of the Agency, submitted by the Council, and have the authority to decide on amendments of the budget and the work programme of the Agency;
take decisions relating to the supervision of the financial policies of the Agency, the financial rules and other financial matters and elect the auditor;
approve amendments to this Statute;
decide on the establishment of subsidiary bodies and approve their terms of reference; and
decide on permission to vote in accordance with Article XVII paragraph A.
decide, if necessary, on applications for membership;
approve the rules of procedure of the Assembly and of the Council, which shall be submitted by the latter;
adopt the annual report as well as other reports;
approve the conclusion of agreements on any questions, matters or issues within the scope of this Statute; and
decide in case of disagreement between its Members on additional projects in accordance with Article V paragraph B.
facilitate consultations and cooperation among Members;
consider and submit to the Assembly the draft work programme and the draft budget of the Agency;
approve arrangements for the sessions of the Assembly including the preparation of the draft agenda;
consider and submit to the Assembly the draft annual report concerning the activities of the Agency and other reports as prepared by the Secretariat according to Article XI paragraph E number 3 of this Statute;
prepare any other reports which the Assembly may request;
conclude agreements or arrangements with States, international organisations and international agencies on behalf of the Agency, subject to prior approval by the Assembly;
substantiate the work programme as adopted by the Assembly with a view to its implementation by the Secretariat and within the limits of the adopted budget;
have the authority to refer to the Assembly matters for its consideration; and
establish subsidiary organs, when necessary, in accordance with Article VIII paragraph B, and decide on their terms of reference and duration.
In preparing the budget the proposed recruitment shall be guided by the principle that the staff shall be kept to a minimum necessary for the proper discharge of the responsibilities of the Secretariat.
prepare and submit to the Council the draft work programme and the draft budget of the Agency;
implement the Agency’s work programme and its decisions;
prepare and submit to the Council the draft annual report concerning the activities of the Agency and such other reports as the Assembly or the Council may request;
provide administrative and technical support to the Assembly, the Council and their subsidiary organs;
facilitate communication between the Agency and its Members; and
circulate the policy advice after it was given to the Members of the Agency in accordance with Article IV paragraph C number 2 and prepare and submit to the Assembly and the Council a report on its policy advice for each of their sessions. The report to the Council shall include also the planned policy advice in implementing the annual work programme.
mandatory contributions of its Members, which are based on the scale of assessments of the United Nations, as determined by the Assembly;
voluntary contributions; and
other possible sources
in accordance with the financial rules to be adopted by the Assembly by consensus, as laid down in Article IX paragraph G of this Statute. The financial rules and the budget shall secure a solid financial basis of the Agency and shall ensure the effective and efficient implementation of the Agency’s activities, as defined by the work programme. Mandatory contributions will finance core activities and administrative costs.
Subject to the approval of the Assembly the Council shall be authorised to conclude agreements on behalf of the Agency establishing appropriate relations with the United Nations and any other organisations whose work is related to that of the Agency. The provisions of this Statute shall not affect the rights and obligations of any Member deriving from any existing international treaty.
when approved by the Assembly after consideration of observations submitted by the Council on each proposed amendment; and
after all the Members have consented to be bound by the amendment in accordance with their respective constitutional processes. Members shall express their consent to be bound by depositing a corresponding instrument with the Depositary referred to in Article XX paragraph A.
The seat of the Agency shall be determined by the Assembly at its first session.
IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Statute.U.K.
Done at Bonn, this 26 January 2009, in a single original, in the English language.
The Declaration of the Conference regarding authentic versions of the Statute forms an integral part of the Statute.
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