belgiquelex.be - Carrefour Bank of Legislation

8 DECEMBER 2013. - An Act to Enact the Statute of the International Renewable Energy Agency (IRENA), made in Bonn on January 26, 2009 (1) (2) (3)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Statute of the International Agency for Renewable Energy (IRENA), made in Bonn on 26 January 2009, will come out with its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 December 2013.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of Economy,
J. VANDE LANOTTE
The Secretary of State for Energy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2269.
Annales of the Senate: November 7, 2013.
House of Representatives (www.lachambre.be):
Documents: 53-3125.
Full report: 21 November 2013.
(2) See the Decree of the Flemish Community/Flemish Region of 17 February 2012 (Belgian Monitor of 7 March 2012 - Ed. 1), the Decree of the French Community of 20 December 2011 (Belgian Monitor of 27 March 2012 - Ed. 1), the Decree of the German-speaking Community of 19 March 2012 (Belgian Monitor of 18 April 2012), the Decree of the Walloon Region of 12 January 2012 (Moniteurellower

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 stabilization 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 ccess 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 organizations 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 successive-failure factors;
b.) initiate discussion and ensure interaction with other governmental and nongovernmental organizations 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 relevant 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 use 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 organizations 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 organizations 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 organizations 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 organization 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 organizations 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 organization, the organization 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 organizations referred to above shall declare the extent of their competence with respect to the matters governed by this Statute. These organizations 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 has 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 accordance 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 ugly 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 organizations 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 recommendation 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 organization 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 organizations
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 organizations 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.
Rule 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 organizations 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 organizations 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 organizations 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.
Rule 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 organizations 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.

Declaration of the Conference Regarding Authentic Versions of the Statute
« Gathering in Bonn the 26th January 2009, the representatives of the invited States to the Founding Conference of the International Renewable Energy Agency have adopted the following declaration which shall form an integral part of the Statute:
The Statute of the International Renewable Energy Agency, signed on the 26th January 2009 in Bonn, including this declaration, shall also be authenticated in the official languages of the United Nations other than English, as well as in the language of the depositary, on the request of the respective Signatories. (1) (2) »

TEXT
Status of the International Renewable Energy Agency (IRENA)
The Parties to these Regulations,
Wishing 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 wide possibilities 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 the smooth, sustainable transition to a sober carbon economy,
Wishing 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 implications of the use of fossil energy and the ineffective use of traditional biomass on health,
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^er
Establishment of the Agency
A. The Parties to these Regulations hereby establish the International Renewable Energy Agency (hereinafter referred to as the "Agency") in accordance with the following 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 set of renewable energy and energy efficiency measures;
(b) the contribution of renewable energy to the conservation of the environment through limited pressure on natural resources and the reduction of deforestation, including in the tropical environment, desertification and biodiversity loss, as well as their contribution to climate protection, economic growth and social cohesion, including with regard to poverty reduction and sustainable development, access to energy and security for generations
Article III
Definition
For the purposes of these Statutes, the term "renewable energy" refers to all forms of energy produced in a sustainable manner from renewable sources, including:
1. bioenergy;
2. geothermal energy;
3. hydraulic energy;
4. the energy of the oceans, which includes, among other things, tidal energy, wave energy and the thermal energy of the seas;
5. solar energy; and
6. Wind energy.
Article IV
Activities
A. The Agency's Centre of Excellence for Renewable Energy Technologies, Facilitator and Catalyst, provides practical application and policy experience, support on all renewable energy issues, 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 has for mission:
(a) to analyze, supervise and, without obligation 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 policy advice and assistance to members, taking into account their respective needs, and to stimulate international discussions on renewable energy policy and its framework conditions;
(d) to improve the transfer of appropriate knowledge and technologies and to encourage the development of local capacities and skills in member states, as well as the necessary interconnections;
(e) propose to its members capacity-building activities, including training and education;
(f) provide its members, at their request, with advice on the financing of renewable energy and support the implementation of the mechanisms associated with renewable energy;
(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) to provide information on the development and development of national and international technical standards related to renewable energy, based on solid 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 so as to ensure its effective use in order to adequately pursue all of its objectives and to carry out its activities in order 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 and remote and isolated areas and islands;
3. closely cooperates with existing institutions and organizations and works to establish mutually beneficial relationships 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 effective and effective use.
C. The Agency:
1. present an annual 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 active in this area, its cooperation with these 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 programme of work, 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 the availability of its non-financial resources.
Article VI
Access
A. Membership is open to Member States of the United Nations and to intergovernmental regional economic integration organizations that are desirable and able to act in accordance with the objectives and activities set out in the present Statutes. In order to be a member of the Agency, an intergovernmental regional economic integration organization must be made up of sovereign states, of which at least one is a member of the Agency, and its member States must have transferred their powers to the Agency in at least one of the areas of responsibility.
B. These States and these intergovernmental organizations of regional economic integration become:
1. founding members of the Agency after signing these 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 the subjects of their competence, regional intergovernmental economic integration organizations have a number of votes equal to the total votes of those of their member states who are also members of the Agency.
Article VII
Observers
A. The Assembly may grant observer status:
1. intergovernmental and non-governmental organizations active 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 principal organs established herein are:
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 deem 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 each of these bodies; and
(b) issue recommendations to Agency members upon request.
4. In addition, the Assembly has the power to propose that certain topics be considered by the Council and to request the Council and the Secretariat to prepare reports 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 are held at the Agency's headquarters, unless the Assembly decides otherwise.
E. At the beginning of each regular session, the Assembly elects a President and other officials as required, taking into account 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 a matter is substantive or not, it is treated as a substantive issue, 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 Board 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 Auditor;
4. approves the amendments to these Statutes;
5. decide on the establishment and approval of subsidiary bodies; and
6. rule on the right to vote in accordance with paragraph A of Article XVII.
H. By consensus among the members present, who, in the absence of consensus, is presumed if the members opposed to the decision are no more than two, the Assembly:
1. decide, if necessary, on applications 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 between the members present or, in the absence of consensus, by a two-thirds majority of the members present and voting.
J. At its first session, the Assembly shall consider and approve the decisions, draft agreements, provisions and guidelines prepared by the Preparatory Commission and deemed appropriate in accordance with the voting procedures applicable to the subject concerned, as set out in paragraphs F to I of Article IX.
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 a term of two years.
B. The Commission meets twice a year at the Agency's headquarters, unless the Commission decides otherwise.
C. At the beginning of each meeting, the Council shall elect from among its members a President and other officials deemed necessary, for the period up to its next meeting. It is authorized to 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. In doing so, 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. facilitate consultations and cooperation among members;
2. examines and presents to the Assembly the proposed work programme and the proposed budget of the Agency;
3. approves the practical modalities for the sessions of the Assembly, including the preparation of the draft agenda;
4. shall consider and submit 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 3, of the present Statutes;
5. prepare all other reports requested by the Assembly;
6. concludes agreements or arrangements with States, international organizations and international agencies on behalf of the Agency, 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, if necessary, in accordance with Article VIII, paragraph B, and establish the mandate and duration of the subsidiary bodies.
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 necessary staff. 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 responsible 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, with special attention to the adequate representation of developing countries and gender balance.
In the preparation of the budget, the proposed recruitment will be in accordance with the principle of maintaining the staff at least necessary for the effective implementation of the Secretariat ' s responsibilities.
D. The Director General or a representative designated by the Director General shall participate without the right to vote in all meetings of the Assembly and the Council.
E. The Secretariat is responsible for:
1. prepare and present to the Commission the proposed work programme and the proposed budget of the Agency;
2. Implement the Agency's work program 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 guidance provided for the implementation of the annual programme of work.
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 source outside 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 the performance of 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 Council for consideration. The Council shall forward it to the Assembly by recommending that it approve or refer it to the Secretariat for review and further submission to the Council.
C. The Assembly appoints an External Auditor for a renewable four-year term. 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 conclude 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 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 Regulations. 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. The amendments shall come into force for all members as soon as:
1. have been 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, after a period of five years from the date of entry into force of these Statutes, in accordance with Article XIX, paragraph D, with 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 of the Depositary.
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, seek a solution by means specified in Article 33, paragraph 1, of the Charter of the United Nations.
B. The Council may contribute to the resolution of a dispute by any means it considers 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 time limit for the conclusion of any 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 reached under these Statutes, the Assembly, by a two-thirds majority of the members present and voting, may, on the recommendation of the Council, suspend the benefit of the privileges and the exercise of the rights recognized to the 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. At the inaugural Conference, the present Statutes will be open for signature by all Member States of the United Nations and intergovernmental regional economic integration organizations defined in Article VI, paragraph A. They will 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 regional economic integration organizations defined in paragraph A of Article VI, which shall not have signed them, after their candidature has been approved by the Assembly, in accordance with paragraph B of Article VI.
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 regional economic integration organizations 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 of 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 the present Statutes to the governments of the States and the executive bodies of the regional intergovernmental economic integration organizations that have signed or whose accession has been approved in accordance with Article VI, paragraph B, paragraph 2.
E. The depositary Government shall promptly inform all signatories to 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 dates to which States and intergovernmental regional economic integration organizations will become members thereafter.
G. The depositary government shall promptly send the 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.

List of signatory countries for a treaty
Status of the International Renewable Energy Agency (IRENA), done in Bonn on 26 January 2009