Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2011-207 of 25 February 2011 authorizing the ratification of the statutes of the International Renewable Energy Agency (IRENA);
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The statutes of the International Renewable Energy Agency (IRENA), signed in Bonn on 26 January 2009, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
S T A T U T S
OF INTERNATIONAL AGENCY FOR ENERGY
RENEWABLE (IRENA)
The Parties to these Regulations,
Desiring to encourage the increased and widespread adoption and use of renewable energy in the context of sustainable development,
Driven by the firm conviction that renewable energies offer vast opportunities to deal with the problems of energy security and the volatility of energy prices and to address them gradually,
Convinced of the major role that renewable energy can play in reducing greenhouse gas concentrations in the atmosphere, thus contributing to the stabilization of the climate system and to the smooth, sustainable transition to a sober carbon economy,
Desiring to increase the positive effects that renewable energy technologies can have on sustainable economic growth and job creation,
Motivated by the considerable potential of renewable energy to ensure decentralized access to energy, particularly in developing countries, and access to energy in remote and isolated areas and islands,
Concerned about the serious negative health implications of the use of fossil energy and the ineffective use of traditional biomass,
Convinced that renewable energy combined with a strengthening of energy efficiency can increasingly cover the high expected increase in global energy needs over the coming decades,
Affirming their desire to create an international renewable energy organization that facilitates cooperation among its members while establishing close collaboration with existing organizations that encourage the use of renewable energy,
agreed that:
Article I
Establishment of the Agency
A. ― The Parties to these Regulations hereby create the International Renewable Energy Agency (hereinafter referred to as the "Agency") in the following terms and conditions.
B. ― The Agency is based on the principle of equality of all its members and respects the sovereign rights and competencies of its members in carrying out its activities.
Article II
Objectives
The Agency encourages increased and widespread adoption and sustainable use of all forms of renewable energy, taking into account:
a. national and internal priorities and benefits derived from a range of renewable energy and energy efficiency measures, and
b. the contribution of renewable energy to the conservation of the environment through less pressure on natural resources and the reduction of deforestation, including in tropical environments, desertification and biodiversity loss, as well as their contribution to the protection of climate, economic growth and social cohesion, in particular with regard to the fight against poverty and for sustainable development, responsibility for access to energy and security
Article III
Definition
For the purposes of these Statutes, the term "renewable energy" means all forms of energy produced in a sustainable manner from renewable sources, including:
1. bioenergy;
2. geothermal energy;
3. hydroelectric energy;
4. the energy of the oceans, including tidal energy, wave energy and the thermal energy of the seas;
5. solar energy; and
6. Wind energy.
Article IV
Activities
A. ― Centre of Excellence for Renewable Energy Technologies, Facilitator and Catalyst, the Agency provides experience in practical applications and policies, support on all issues related to renewable energy, assistance to countries to benefit from the effective development and transfer of knowledge and technology and carries out the following activities:
1. In particular, for the benefit of its members, the Agency's mission is to:
a. to analyze, monitor and, without obligations for member policies, to systematize current renewable energy practices, including instruments of action, incentives, investment mechanisms, best practices, available technologies, integrated systems and equipment, and failure or success factors;
b. engage in discussion and ensure interaction with other governmental and non-governmental organizations and networks in these and other relevant areas;
c. to provide, upon request, relevant advice and assistance to its members, taking into account their respective needs, and to promote international discussions on renewable energy policy and the framework conditions of this policy;
d. improve the transfer of appropriate knowledge and technologies and encourage the development of local capacities and skills in member states, as well as the necessary interconnections;
e. to propose to its members capacity-building activities, including training and education;
f. to provide its members, at their request, with advice on the financing of renewable energy and to support the implementation of the associated mechanisms;
g. to stimulate and encourage research, including on socio-economic issues, and to promote research networks, joint research, development and deployment of technologies; and
h. provide information on the development and development of national and international technical standards relating to renewable energy, based on strong knowledge made possible by the active presence in the relevant enclosures.
2. In addition, the Agency disseminates information and raises awareness of the benefits and potential of renewable energy.
B. ― In the deployment of its activities, the Agency:
1. acts in accordance with the purposes and principles of the United Nations to promote peace and international cooperation and in accordance with United Nations policies to promote sustainable development;
2. allocates its resources in such a way as to ensure its efficient use in order to adequately reflect all its objectives and to carry out its activities in such a way as to achieve the greatest possible benefits for its members and in all regions of the world, bearing in mind the specific needs of developing countries, regions and remote islands;
3. closely cooperates with existing institutions and organizations and promotes mutually beneficial relations with them in order to avoid unnecessary duplication, and relies on the resources and ongoing activities of States and other organizations and agencies whose aim is to promote renewable energies, to ensure their efficient and effective use.
C. ― The Agency:
1. present annually an activity report to its members;
2. keeps its members informed after giving advice; and
3. informs its members of its activities in consultation with international organizations in this area, its cooperation with those organizations and their work.
Article V
Programme of work and projects
A. ― The Agency operates on the basis of an annual work programme prepared by the Secretariat, reviewed by the Council and adopted by the Assembly.
B. ― In addition to its work programme, after consultation with its members and, in the event of disagreement, after approval by the Assembly, the Agency may carry out projects launched and funded by its members subject to its non-financial availability.
Article VI
Access
A. ― Membership is open to Member States of the United Nations and to intergovernmental organizations of regional economic integration that are desirable and able to act in accordance with the objectives and activities set out in these Statutes. In order to be a member of the Agency, an intergovernmental regional economic integration organization must be made up of sovereign states, at least one of which is a member of the Agency and its member States must have transferred their expertise to the Agency in at least one of the areas of responsibility.
B. ― These states and intergovernmental organizations of regional economic integration become:
1. Founding members of the Agency after signing the present Statutes and depositing their instrument of ratification;
2. other Agency members by placing an instrument of accession after their application for application has been approved. An application is considered to be approved if, three months after it is sent to members, no disagreement has been expressed. In the event of disagreement, the Assembly shall decide on the application in accordance with paragraph H of Article IX.
C. ― In the case of an intergovernmental organization of regional economic integration, the organization and its member states define their respective responsibilities with respect to their obligations under these Regulations. The organization and its member States cannot exercise their rights simultaneously under the Statutes, including their right to vote. In their instruments of ratification or accession, the above-mentioned organizations declare the extent of their competence in matters governed by these Statutes. They also inform the depositary government of any relevant changes to the scope of their jurisdictions. In the event of a vote on matters falling within their competence, intergovernmental organizations of regional economic integration have a number of votes equal to the total votes of those of their Member States that are also members of the Agency.
Article VII
Observers
A. ― The Assembly may grant observer status:
1. intergovernmental and non-governmental organizations in the field of renewable energy;
2. signatories that have not ratified the Statutes; and
3. candidates for accession whose candidature has been approved in accordance with Article VI, paragraph B, item 2.
B. ∙ Observers may participate without the right to vote in public sessions of the Assembly and its subsidiary bodies.
Article VIII
Organs
A. ∙ The following principal organs of the Agency are created herein:
1. the Assembly;
2. the Council; and
3. the Secretariat.
B. ∙ The Assembly and the Council may, subject to the approval of the Assembly, establish the subsidiary bodies that they consider necessary for the performance of their functions in accordance with these Statutes.
Article IX
The Assembly
A.1. The Assembly is the supreme body of the Agency.
2. The Assembly may discuss any matter within the scope of these Statutes or relating to the powers and functions of the bodies provided for in these Statutes.
3. On all these topics, the Assembly may:
a. make decisions and make recommendations to those bodies; and
b. issue recommendations to Agency members upon request.
4. In addition, the Assembly has the power to propose certain topics for consideration by the Council and to request reports from the Council and the Secretariat on any matter relating to the operation of the Agency.
B. ― The Assembly is composed of all members of the Agency. It meets in regular sessions held once a year, unless decided otherwise.
C. ― The Assembly includes a representative of each member. Representatives may be accompanied by alternates and advisers. Each member shall bear the cost of his delegation ' s participation.
D. ― The sessions of the Assembly shall be held at the headquarters of the Agency, unless the Assembly decides otherwise.
E. ― At the beginning of each regular session, the Assembly elects a President and other officials as necessary, on the basis of equitable geographical representation. These people exercise their mandate until the election of a new president and new officials at the next regular session. The Assembly shall adopt its rules of procedure in accordance with these Statutes.
F. ― Subject to Article VI, paragraph C, each member of the Agency shall have one vote in the Assembly. The Assembly shall make its decisions on procedural points by a simple majority of the members present and voting. Decisions on substantive topics are taken by consensus among members present. In the absence of consensus, it is presumed that members opposed to the decision are not more than two, unless otherwise provided by the Statutes. If the question arises whether or not a matter is substantive, it is treated as a matter of substance unless the Assembly decides otherwise by consensus among the members present; in the absence of consensus, the decision is presumed if the members opposed to the decision are not more than two. The quorum is reached if the majority of Agency members are present in the Assembly.
G. ― By consensus among the members present, the Assembly:
1. elects the members of the Council;
2. adopts, at its regular sessions, the Agency's budget and work programme presented by the Council and has the authority to decide on changes to the Agency's budget and work programme;
3. adopts decisions on the control of the Agency's financial policies, financial regulations and other financial matters, and elects the External Auditor;
4. approves the amendments to these Statutes;
5. decides on the establishment of subsidiary bodies and approves their mandates; and
6. Rule on the right to vote in accordance with Article XVII, paragraph A.
H. ― By consensus among the members present, who, in the absence of consensus, is presumed if the members opposed to the decision are not more than two, the Assembly:
1. statue, if necessary, on nominations for membership;
2. approves its own rules of procedure and that of the Council submitted to it by the Council;
3. adopts the annual report and other reports;
4. approves the conclusion of agreements on all matters, issues or issues within the scope of these Statutes; and
5. rule in case of disagreement between its members on additional projects in accordance with Article V, paragraph B.
I. ― The Assembly shall establish the headquarters of the Agency and shall designate the Director General of the Secretariat (hereinafter referred to as "the Director General") by consensus among the members present or, in the absence of consensus, by a two-thirds majority of the members present and voting.
J. ― The Assembly shall consider and approve, as appropriate, at its first session, the decisions, draft agreements, provisions and guidelines prepared by the Preparatory Commission in accordance with the voting procedures applicable to the subject under Article IX, paragraphs F to I.
Article X
The Council
A. ― The Council is composed of at least 11 and not more than 21 representatives of the members of the Agency elected by the Assembly. The actual number of representatives between 11 and 21 corresponds to the third (rounded) of the number of Agency members on the date of each election of Council members. The members of the Council are elected in turn in accordance with the rules of procedure of the Assembly to ensure effective participation of developing countries and developed countries, to obtain equitable geographical distribution and to ensure the effectiveness of the work of the Council. Members of the Council shall be elected for two years.
B. ― The Board meets twice a year at the Agency's headquarters, unless the Commission decides otherwise.
C. ― At the beginning of each of its meetings, the Council shall elect from among its members a President and other officials deemed necessary, for the period up to its next meeting. It may develop its rules of procedure. This rules of procedure must be submitted to the Assembly for approval.
D. ― Each member of the Council has one vote. The Council takes its decisions on procedural matters by a simple majority of its members. Decisions on substantive subjects are made by a two-thirds majority of its members. If the question arises whether or not a matter is substantive, it is treated as a substantive issue unless the Council decides otherwise by a two-thirds majority of its members.
E. ― The Council is accountable to the Assembly to which it reports. It shall exercise the powers and functions assigned to it under these Statutes, as well as the functions delegated to it by the Assembly. To this end, it acts in accordance with the decisions of the Assembly and with due regard to its recommendations, which it continuously ensures the proper implementation of.
F. ― The Council:
1. facilitates consultations and cooperation among members;
2. examines and presents to the Assembly the proposed programme of work and budget of the Agency;
3. approves the practical modalities for the sessions of the Assembly, including the preparation of the draft agenda;
4. examines and submits to the Assembly the draft annual report on the activities of the Agency and other reports prepared by the Secretariat in accordance with Article XI, paragraph E, of the present Statutes;
5. prepare all other reports requested by the Assembly;
6. concludes on behalf of the Agency agreements or arrangements with States, international organizations and international agencies, subject to the prior approval of the Assembly;
7. feeds the work programme adopted by the Assembly for its implementation by the Secretariat within the budget adopted;
8. is entitled to submit topics for consideration by the Assembly; and
9. establish subsidiary bodies, as appropriate, in accordance with Article VIII, paragraph B, and establish its mandate and duration.
Article XI
The Secretariat
A. ― The Secretariat supports the Assembly, the Council and their subsidiary bodies in the performance of their functions. It shall perform the other functions assigned to it under these Statutes, as well as the functions delegated to it by the Assembly and the Council.
B. ∙ The Secretariat is composed of a Director General who is the head of the Secretariat and is responsible for the administrative direction of the Secretariat, and for the staff required. The Director General shall be appointed by the Assembly on the recommendation of the Council for a term of four years, renewable once.
C. ― The Director General is accountable to the Assembly and the Council, including the appointment of staff and the organization and operation of the Secretariat. The recruitment of staff and the determination of working conditions must be governed primarily by the need to apply the strictest standards of efficiency, competence and integrity. Particular attention should be paid to the need to recruit staff mainly from Member States and on a geographical basis as wide as possible, including adequate representation of developing countries and gender balance. In the preparation of the budget, the proposed recruitment will be in line with the lowest level of staff retention required for the effective implementation of Secretariat responsibilities.
D. ― The Director General or a representative designated by him shall participate, without the right to vote, in all meetings of the Assembly and the Council.
E. ∙ The Secretariat is responsible for:
1. to prepare and present to the Council the proposed work and budget programme of the Agency;
2. Implement the Agency's work programme and decisions;
3. prepare and submit to the Council the draft annual report on the activities of the Agency and other reports requested by the Assembly or the Council;
4. to provide administrative and technical support to the Assembly, the Council and their subsidiary bodies;
5. facilitate communication between the Agency and its members; and
6. to disseminate the advice after it has been provided to Agency members in accordance with Article IV, paragraph C, item 2, and to prepare and submit to the Assembly and the Council a report on the measures recommended for each session. The report to the Council should also address the proposed advisory activities on the implementation of the annual work programme.
F. ― In carrying out their duties, the Director General and other staff members do not request or receive instructions from any government or any other outside source of the Agency. They refrain from any act that might prejudice their role as international officials only to the Assembly and the Council. Each member respects the exclusively international nature of the functions of the Director General and other staff members and does not seek to influence them in carrying out their responsibilities.
Article XII
Budget
A. ― The Agency's budget is funded by:
1. the mandatory contributions of its members, on the basis of the United Nations scale of assessments, as defined by the Assembly;
2. Voluntary contributions; and
3. Other possible sources,
in accordance with the financial regulations to be adopted by consensus by the Assembly under the conditions set out in article IX, paragraph G, of the present Statutes. The financial regulations and the budget provide the Agency with a solid financial base and enable an effective and effective implementation of the Agency's activities defined in the work program. Obligatory contributions finance essential activities and administrative costs.
B. ― The Agency's proposed budget is prepared by the Secretariat and submitted to the Board for consideration. The Council shall forward it to the Assembly by recommending that it approve or return it to the Secretariat for review and further submission to the Council.
C. ― The Assembly appoints an External Auditor for a term of four years renewable. The first External Auditor has served for two years. The External Auditor reviews the Agency's accounts and makes the observations and recommendations it considers necessary regarding the effectiveness of internal financial management and controls.
Article XIII
Legal personality, privileges and immunities
A. ― The Agency has international legal personality. It enjoys, on the territory of each member and subject to its national legislation, the national legal capacity necessary for the performance of its functions and for the fulfilment of its mission.
B. ― Members enter into a separate agreement on privileges and immunities.
Article XIV
Relations with other organizations
Subject to the approval of the Assembly, the Council is authorized to enter into agreements on behalf of the Agency in order to establish adequate relations with the United Nations and with any other organization whose work is related to those of the Agency. The provisions of these Statutes shall not affect the rights and obligations of a member arising from an international treaty in force.
Article XV
Amendments and withdrawal, review
A. ― Each member may propose amendments to these Statutes. The Director-General shall prepare certified copies of the text of each draft amendment and shall communicate them to all members at least ninety days before its consideration by the Assembly.
B. ∙ Amendments shall enter into force for all members, and
1. that they were approved by the Assembly after consideration of the comments made by the Council on each draft amendment; and
2. that all members have consented to be bound by the amendment in accordance with their respective constitutional procedures. Such consent shall be expressed through the deposit of the corresponding instrument with the depositary referred to in paragraph A of Article XX.
C. ― A member may withdraw from the Agency at any time, upon the expiry of a five-year period from the date of entry into force of the present Statutes in accordance with Article XIX, paragraph D, by sending a written notification to that effect to the depositary referred to in Article XX, paragraph A, who shall promptly inform the Council and all members.
D. ― This withdrawal takes effect at the end of the year in which it was notified. The withdrawal of a member of the Agency does not affect his contractual obligations under section V, paragraph B, or his financial obligations for the year in which he withdraws.
Article XVI
Settlement of disputes
A. ― Members shall settle any dispute relating to the interpretation or application of these Statutes by peaceful means in accordance with Article 2, paragraph 3, of the Charter of the United Nations and, to that end, shall seek a solution by means specified in Article 33, paragraph 1, of the Charter of the United Nations.
B. ― The Commission may contribute to the resolution of a dispute by any means it deems appropriate, including by proposing its good offices, by inviting members parties to a dispute to initiate the process of settlement of their choice and by recommending a deadline for the completion of any mutually agreed proceedings.
Article XVII
Temporary suspension of rights
A. ― Any member of the Agency who is late on his financial contributions to the Agency is deprived of the right to vote if his or her arrears are greater or equal to the amount of his or her contributions for the previous two years. However, the Assembly may allow this member to vote if it is satisfied that this default is due to a force majeure case.
B. ∙ If a member repeatedly breaches the provisions of these Statutes or any agreement made under these Statutes, the Assembly, by a two-thirds majority of the members present and voting, may, on the recommendation of the Council, suspend for that member the benefit of privileges and the exercise of rights recognized to members.
Article XVIII
Agency Headquarters
The Agency's headquarters is set by the Assembly at its first session.
Rule XIX
Signature, ratification, entry into force and accession
A. ― These Regulations are open for signature by all Member States of the United Nations and intergovernmental regional economic integration organizations defined in Article VI, paragraph A, at the inaugural Conference. They remain open for signature until the date of their entry into force.
B. ― The present Statutes shall be open to the accession of States and intergovernmental organizations of regional economic integration defined in Article VI, paragraph A, which shall not have signed them, after their candidature has been approved by the Assembly in accordance with Article VI, paragraph B, item 2.
C. ― The consent to be bound by these Statutes is expressed by the depositary of an instrument of ratification or accession. States shall ratify or accede to these Statutes in accordance with their respective constitutional procedures.
D. ― These Regulations come into force on the thirtieth day after the date of deposit of the twenty-fifth instrument of ratification.
E. ― The present Statutes shall enter into force, for States or intergovernmental organizations of regional economic integration that have deposited an instrument of ratification or accession after the entry into force of these Statutes, on the thirtieth day after the date of the deposit of the corresponding instrument.
F. ∙ No reservation may be made with respect to the provisions contained in these Statutes.
Rule XX
Depositary, registration, authentic text
A. ― The Government of the Federal Republic of Germany is hereby designated as the depositary of these Statutes and any instrument of ratification or accession.
B. ― These Regulations are registered by the depositary government in accordance with Article 102 of the Charter of the United Nations.
C. ― The present Statutes, in English, are deposited in the archives of the depositary government.
D. ― The depositary government shall transmit duly certified copies of these Regulations to the governments of the States and to the executive bodies of the intergovernmental regional economic integration organizations that have signed or approved them in accordance with Article VI, paragraph B, paragraph 2.
E. ― The depositary Government shall promptly inform all signatories of the present Statutes of the date of deposit of each instrument of ratification and of the date of entry into force of these Statutes.
F. ― The depositary government shall promptly inform all signatories and all members of the date on which States and intergovernmental regional economic integration organizations become members thereafter.
G. ― The depositary government promptly sends new applications for membership to all Agency members for consideration in accordance with Article VI, paragraph B, item 2.
IN WITNESS WHEREOF the undersigned, duly authorized to do so, have signed the present Statutes.
Done in Bonn, January 26, 2009, in a single English-language original.
Declaration of the Conference
concerning the authentic versions of the Statutes
Meeting in Bonn on 26 January 2009, the Representatives of the States invited to the Founding Conference of the International Renewable Energy Agency adopted the following declaration, which is an integral part of the Statutes:
The Statutes of the International Renewable Energy Agency, signed in Bonn on 26 January 2009, including this declaration, must also be authenticated in the official languages of the United Nations other than English, as well as in the language of the depositary, upon request of the signatories concerned (1) (2).
Done on 27 July 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
