Loi du 8 juillet 2010 portant approbation des Statuts de l’Agence internationale pour les énergies renouvelables (IRENA), faits à Bonn, le 26 janvier 2009. (irena)

16 juillet 2010

Loi du 8 juillet 2010 portant approbation des Statuts de l’Agence internationale

pour les énergies renouvelables (IRENA), faits à Bonn, le 26 janvier 2009.

Nous Henri, Grand-Duc de Luxembourg, Duc de Nassau,

Notre Conseil d’Etat entendu;

De l’assentiment de la Chambre des Députés;

Vu la décision de la Chambre des Députés du 3 juin 2010 et celle du Conseil d’Etat du 22 juin 2010 portant qu’il n’y

a pas lieu à second vote;

Avons ordonné et ordonnons

Sont approuvés les Statuts de l’Agence internationale pour les énergies renouvelables (IRENA),

faits à Bonn, le 26 janvier 2009.

Mandons et ordonnons que la présente loi soit insérée au Mémorial pour être exécutée et observée par tous ceux

que la chose concerne.

Le Ministre des Affaires étrangères,

Palais de Luxembourg, le 8 juillet 2010.

Jean Asselborn

Henri

Le Ministre de l’Economie

et du Commerce extérieur,

Jeannot Krecké

Doc. parl. 6116; sess. ord. 2009-2010.

STATUTE OF THE INTERNATIONAL RENEWABLE ENERGY AGENCY (IRENA)

The Parties to this Statute,

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

Article I

Establishment of the Agency

A. The Parties to this Statute hereby establish the International Renewable Energy Agency (hereinafter referred to

as “the Agency”) in accordance with the following terms and conditions.

B. The Agency is based on the principle of the equality of all its Members and shall pay due respect to the sovereign

rights and competencies of its Members in performing its activities.

Article II

Objectives

The Agency shall promote the widespread and increased adoption and the sustainable use of all forms of renewable

energy, taking into account

a.) national and domestic priorities and benefits derived from a combined approach of renewable energy and energy

efficiency measures, and

b.) 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.

Article III

Definition

In this Statute the term “renewable energy” means all forms of energy produced from renewable sources in a

sustainable manner, which include, inter alia

1. bioenergy;

2. geothermal energy;

3. hydropower;

4. ocean energy, including inter alia tidal, wave and ocean thermal energy;

5. solar energy; and

6. wind energy.

Article IV

Activities

A. As a centre of excellence for renewable energy technology and acting as a facilitator and catalyst, providing

experience for practical applications and policies, offering support on all matters relating to renewable energy and

helping countries to benefit from the efficient development and transfer of knowledge and technology, the Agency

performs the following activities

1. In particular for the benefit of its Members the Agency shall

a.) 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;

b.) initiate discussion and ensure interaction with other governmental and non-governmental organisations and

networks in this and other relevant fields;

c.) 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;

d.) improve pertinent knowledge and technology transfer and promote the development of local capacity and

competence in Member States including necessary interconnections;

e.) offer capacity building including training and education to its Members;

f.) provide to its Members upon their request advice on the financing for renewable energy and support the

application of related mechanisms;

g.) stimulate and encourage research, including on socio-economic issues, and foster research networks, joint

research, development and deployment of technologies; and

h.) 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.

2. Furthermore, the Agency shall disseminate information and increase public awareness on the benefits and

potential offered by renewable energy.

B. In the performance of its activities, the Agency shall

1. 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;

2. 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;

3. 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.

C. The Agency shall

1. submit an annual report on its activities to its Members;

2. inform Members about its policy advice after it was given; and

3. inform Members about consultation and cooperation with and the work of existing international

organisations working in this field.

Article V

Work programme and projects

A. The Agency shall perform its activities on the basis of the annual work programme, prepared by the Secretariat,

considered by the Council and adopted by the Assembly.

B. The Agency may, in addition to its work programme, after consultation of its Members and, in case of

disagreement, after approval by the Assembly, carry out projects initiated and financed by Members subject to the

availability of non-financial resources of the Agency.

Article VI

Membership

A. Membership is open to those States that are members of the United Nations and to regional intergovernmental

economic integration organisations willing and able to act in accordance with the objectives and activities laid down in

this Statute. To be eligible for membership to the Agency, a regional intergovernmental economic integration

organisation must be constituted by sovereign States, at least one of which is a Member of the Agency, and to which

its Member States have transferred competence in at least one of the matters within the purview of the Agency.

B. Such States and regional intergovernmental economic integration organisations shall become

1. original Members of the Agency by having signed this Statute and having deposited an instrument of ratification;

2. 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.

C. In the case of any regional intergovernmental economic integration organisation, the organisation and its Member

States shall decide on their respective responsibilities for the performance of their obligations under this Statute. The

organisation and its Member States shall not be entitled to exercise rights, including voting rights, under the Statute

concurrently. In their instruments of ratification or accession, the organisations referred to above shall declare the

extent of their competence with respect to the matters governed by this Statute. These organisations shall also inform

the Depositary Government of any relevant modification in the extent of their competence. In the case of voting on

matters within their competence, regional intergovernmental economic integration organisations shall vote with the

number of votes equal to the total number of votes attributable to their Member States which are also Members of

this Agency.

Article VII

Observers

A. Observer status may be granted by the Assembly to

1. intergovernmental and non-governmental organisations active in the field of renewable energy;

2. signatories that have not ratified the Statute; and

3. applicants for membership whose application for membership bas been approved in accordance with Article VI

paragraph B number 2.

B. Observers may participate without the right to vote in the public sessions of the Assembly and its subsidiary

organs.

Article VIII

Organs

A. There are hereby established as the principal organs of the Agency

1. the Assembly;

2. the Council; and

3. the Secretariat.

B. The Assembly and the Council, subject to approval by the Assembly, may establish such subsidiary organs as they

find necessary for the exercise of their functions in accordante with this Statute.

Article IX

The Assembly

A. 1. The Assembly is the supreme organ of the Agency.

2. 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.

3. On any such matter the Assembly may

a.)

take decisions and make recommendations to any such organ; and

b.)

make recommendations to the Members of the Agency, upon their request.

4. 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.

B. The Assembly shall be composed of all Members of the Agency. The Assembly shall meet in regular sessions which

shall be held annually unless it decides otherwise.

C. The Assembly includes one representative of each Member. Representatives may be accompanied by alternates

and advisors. The costs of a delegation’s participation shall be borne by the respective Member.

D. Sessions of the Assembly shall take place at the seat of the Agency, unless the Assembly decides otherwise.

E. At the beginning of each regular session, the Assembly shall elect a President and such other officials as may be

required, taking into account equitable geographic representation. They shall hold office until a new President and other

officials are elected at the next regular session. The Assembly shall adopt its rules of procedure in conformity with this

Statute.

F. Subject to Article VI paragraph C, each Member of the Agency shall have one vote in the Assembly. The Assembly

shall take decisions on questions of procedure by a simple majority of the Members present and voting. Decisions on

matters of substance shall be taken by consensus of the Members present. If no consensus can be reached, consensus

shall be considered achieved if no more than 2 Members object, unless the Statute provides otherwise. When the issue

arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance

unless the Assembly by consensus of the Members present decides otherwise, which, if no consensus can be reached,

shall be considered achieved if no more than 2 Members object. A majority of the Members of the Agency shall

constitute a quorum for the Assembly.

G. The Assembly shall, by consensus of the Members present

1. elect the members of the Council;

2. 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;

3. take decisions relating to the supervision of the financial policies of the Agency, the financial rules and other

financial matters and elect the auditor;

4. approve amendments to this Statute;

5. decide on the establishment of subsidiary bodies and approve their terms of reference; and

6. decide on permission to vote in accordance with Article XVII paragraph A.

H. The Assembly shall by consensus of the Members present, which if no consensus can be reached shall be

considered achieved if no more than 2 Members object

1. decide, if necessary, on applications for membership;

2. approve the rules of procedure of the Assembly and of the Council, which shall be submitted by the latter;

3. adopt the annual report as well as other reports;

4. approve the conclusion of agreements on any questions, matters or issues within the scope of this Statute; and

5. decide in case of disagreement between its Members on additional projects in accordance with Article V

paragraph B.

I. The Assembly shall designate the seat of the Agency and the Director General of the Secretariat (hereinafter

referred to as “Director General”) by consensus of the Members present, or, if no consensus can be reached, by a

majority vote of two thirds of the Members present and voting.

J. The Assembly shall consider and approve as appropriate at its first session any decisions, draft agreements,

provisions and guidelines developed by the Preparatory Commission in accordance with the voting procedures for the

respective issue as outlined in Article IX paragraphs F to I.

Article X

The Council

A. The Council shall consist of at least 11 but not more than 21 representatives of the Members of the Agency,

elected by the Assembly. The concrete number of representatives between 11 and 21 shall correspond to the rounded

up equivalent of one third of the Members of the Agency to be calculated on the basis of the number of Members of

the Agency at the beginning of the respective election for members of the Council. The members of the Council shall

be elected on a rotating basis as laid down in the rules of procedure of the Assembly, with a view to ensuring effective

participation of developing and developed countries and achieving fair and equitable geographical distribution and

effectiveness of the Council’s work. The members of the Council shall be elected for a term of two years.

B. The Council shall convene semi-annually and its meetings shall take place at the seat of the Agency, unless the

Council decides otherwise.

C. The Council shall, at the beginning of each meeting for the duration until its next meeting, elect a Chairperson

and such other officials from among its members as may be required. It shall have the right to elaborate its rules of

procedure. Such rules of procedure have to be submitted to the Assembly for approval.

D. Each member of the Council shall have one vote. The Council shall take decisions on questions of procedure by

a simple majority of its members. Decisions on matters of substance shall be taken by a majority of two thirds of its

members. When the issue arises as to whether the question is one of substance or not, that question shall be treated

as a matter of substance unless the Council, by a majority of two thirds of its members, decides otherwise.

E. The Council shall be responsible and accountable to the Assembly. The Council shall carry out the powers and

functions entrusted to it under this Statute, as well as those functions delegated to it by the Assembly. In so doing, it

shall act in conformity with the decisions and with due regard to the recommendations of the Assembly and assure

their proper and continuous implementation.

F. The Council shall

1. facilitate consultations and cooperation among Members;

2. consider and submit to the Assembly the draft work programme and the draft budget of the Agency;

3. approve arrangements for the sessions of the Assembly including the preparation of the draft agenda;

4. 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;

5. prepare any other reports which the Assembly may request;

6. conclude agreements or arrangements with States, international organisations and international agencies on

behalf of the Agency, subject to prior approval by the Assembly;

7. 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;

8. have the authority to refer to the Assembly matters for its consideration; and

9. establish subsidiary organs, when necessary, in accordance with Article VIII paragraph B, and decide on their

terms of reference and duration.

Article XI

The Secretariat

A. The Secretariat shall assist the Assembly, the Council, and their subsidiary organs in the performance of their

functions. It shall carry out the other functions entrusted to it under this Statute as well as those functions delegated

to it by the Assembly or the Council.

B. The Secretariat shall comprise a Director General, who shall be its head and chief administrative officer, and such

staff as may be required. The Director General shall be appointed by the Assembly upon the recommandation of the

Council for a term of four years, renewable for one further term, but not thereafter.

C. The Director General shall be responsible to the Assembly and the Council, inter alia for the appointment of the

staff as well as the organisation and functioning of the Secretariat. The paramount consideration in the employment of

the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards

of efficiency, competence and integrity. Due regard shall be paid to the importance of recruiting the staff primarily from

Member States and on as wide a geographical basis as possible, taking particularly into account the adequate

representation of developing countries and with emphasis on gender balance. 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.

D. The Director General or a representative designated by him or her shall participate, without the right to vote,

in all meetings of the Assembly and of the Council.

E. The Secretariat shall

1. prepare and submit to the Council the draft work programme and the draft budget of the Agency;

2. implement the Agency’s work programme and its decisions;

3. 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;

4. provide administrative and technical support to the Assembly, the Council and their subsidiary organs;

5. facilitate communication between the Agency and its Members; and

6. 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.

F. In the performance of their duties, the Director General and the other members of the staff shall not seek or

receive instructions from any government or from any other source external to the Agency. They shall refrain from

any action that might reflect on their positions as international officers responsible only to the Assembly and the

Council. Each Member shall respect the exclusively international character of the responsibilities of the Director

General and the other members of the staff and shall not seek to influence them in the discharge of their responsibilities.

Article XII

The budget

A. The budget of the Agency shall be financed by

1. mandatory contributions of its Members, which are based on the scale of assessments of the United Nations, as

determined by the Assembly;

2. voluntary contributions; and

3. 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.

B. The draft budget of the Agency shall be prepared by the Secretariat and submitted to the Council for examination.

The Council shall either forward it to the Assembly with a recommendation for approval or return it to the Secretariat

for review and re-submission.

C. The Assembly shall appoint an external auditor who shall hold office for a period of four years and who shall be

eligible for re-election. The first auditor shall hold office for a period of two years. The auditor shall examine the

accounts of the Agency and shall make such observations and recommendations as deemed necessary with respect to

the efficiency of the management and the internal financial controls.

Article XIII

Legal personality, privileges and immunities

A. The Agency shall have international legal personality. In the territory of each Member and subject to its national

legislation, it shall enjoy such domestic legal capacity as may be necessary for the exercise of its functions and the

fulfilment of its purposes.

B. Members shall decide upon a separate agreement on privileges and immunities.

Article XIV

Relations with other organisations

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.

Article XV

Amendments and withdrawal, review

A. Amendments to this Statute may be proposed by any Member. Certified copies of the text of any amendment

proposed shall be prepared by the Director General and communicated by him to all Members at least ninety days in

advance of its consideration by the Assembly.

B. Amendments shall come into force for all Members

1. when approved by the Assembly after consideration of observations submitted by the Council on each proposed

amendment; and

2. 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.

C. At any time after five years from the date when this Statute takes effect in accordance with paragraph D of Article

XIX, a Member may withdraw from the Agency by notice in writing to that effect given to the Depositary referred to

in Article XX paragraph A, which shall promptly inform the Council and all Members.

D. Such withdrawal shall take effect at the end of the year in which it is expressed.

Withdrawal by a Member from the Agency shall not affect its contractual obligations entered into pursuant to Article

V paragraph B or its financial obligations for the year in which it withdraws.

Article XVI

Settlement of disputes

A. Members shall settle any dispute between them concerning the interpretation or application of this Statute by

peaceful means in accordance with Article 2 paragraph 3 of the Charter of the United Nations and, to this end, shall

seek a solution by the means indicated in Article 33 paragraph 1 of the Charter of the United Nations.

B. The Council may contribute to the settlement of a dispute by whatever means it deems appropriate, including

offering its good offices, calling upon the Members to a dispute to start the settlement process of their choice and

recommending a time limit for any agreed procedure.

Article XVII

Temporary suspension of rights

A. Any Member of the Agency which is in arrears with its financial contributions to the Agency shall have no right

to vote if its arrears reach or exceed the amount of its contributions for the two preceding years. However, the

Assembly may permit this Member to vote if it is convinced that the non-payment is due to circumstances beyond the

Member’s control.

B. A Member which has persistently violated the provisions of this Statute or of any agreement entered into by it

pursuant to this Statute may be suspended from the exercise of the privileges and rights of membership by the Assembly

acting by a two-thirds majority of the Members present and voting upon recommendation of the Council.

Article XVIII

Seat of the Agency

The seat of the Agency shall be determined by the Assembly at its first session.

Article XIX

Signature, ratification, entry into force and accession

A. This Statute shall be open for signature at the Founding Conference by all States that are members of the United

Nations and regional intergovernmental economic integration organisations as defined in Article VI paragraph A. It shall

remain open for signature until the date this Statute enters into force.

B. For States and regional intergovernmental economic integration organisations as defined in Article VI paragraph

A having not signed this Statute, this Statute shall be open for accession after their membership has been approved by

the Assembly in accordance with Article VI paragraph B number 2.

C. Consent to be bound by this Statute shall be expressed by depositing an instrument of ratification or accession

with the Depositary. Ratification of or accession to this Statute shall be effected by States in accordance with their

respective constitutional processes.

D. This Statute shall enter into force on the thirtieth day after the date of deposit of the twenty-fifth instrument of

ratification.

E. For States or regional intergovernmental economic integration organisations having deposited an instrument of

ratification or accession after the entry into force of the Statute, this Statute shall enter into force on the thirtieth day

after the date of deposit of the relevant instrument.

F. No reservations may be made to any of the provisions contained in this Statute.

Article XX

Depositary, registration, authentic text

A. The Government of the Federal Republic of Germany is hereby designated as the Depositary of this Statute and

any instrument of ratification or accession.

B. This Statute shall be registered by the Depositary Government pursuant to Article 102 of the Charter of the

United Nations.

C. This Statute, done in English, shall be deposited in the archives of the Depositary Government.

D. Duly certified copies of this Statute shall be transmitted by the Depositary Government to the governments of

States and to the executive organs of regional intergovernmental economic integration organisations which have signed

or have been approved for membership according to Article VI paragraph B number 2.

E. The Depositary Government shall promptly inform all Signatories to this Statute of the date of each deposit of

any instrument of ratification and the date of entry into force of the Statute.

F. The Depositary Government shall promptly inform all Signatories and Members of the dates on which States or

regional intergovernmental economic integration organisations subsequently become Members thereto.

G. The Depositary Government shall promptly send new applications for membership to all Members of the Agency

for consideration in accordance with Article VI paragraph B number 2.

IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Statute.

DONE at Bonn, this 26th January 2009, in a single original, in the English language.

Editeur

Service Central de Législation, 43, boulevard F.-D. Roosevelt, L-2450 Luxembourg

Imprimeur: Association momentanée Imprimerie Centrale / Victor Buck