Proposal for a Council Decision on the signing and provisional application of the Statute of the International Renewable Energy Agency (IRENA) by the European Community
Date: 2009-06-26
Institutions: European Commission
Subjects: EU Member State, EU action, EU office or agency, EU programme, drafting of EU law, energy policy, environmental impact, environmental protection, renewable energy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.6.2009 
COM(2009) 327 final 

Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of the Statute of the International Renewable 
Energy Agency (IRENA) by the European Community  

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EXPLANATORY MEMORANDUM 

The creation of an "International Renewable Energy Agency" (IRENA), with the objective of 
becoming a centre of excellence for renewable energy, advising governments on drawing up 
national programmes for the introduction of renewable energy, dissemination of information 
about  renewables  and  offering  training  activities  and  advice  on  best  practice  and  financing 
options, has been under discussion for some time. The Statute of IRENA (the "Statute") was 
signed by 75 States, among which 20 Member States, in Bonn on 26 January 2009.  

Article VI of the Statute provides for the possibility for regional inter-governmental economic 
integration organisations to become members. Twenty Member States have already signed the 
statue,  and  there  is  a  clear  need  for  the  Community  to  be  represented  in  an  Agency  where 
some obligations provided for by the Statute affect or are likely to affect the arrangements laid 
down by Community acts adopted in the areas of environment and energy, and thus to affect 
Community  competences.  The  process  of  joining  does  not  entail  any  negotiations  as  the 
Statute was agreed already by 75 States. Therefore joining IRENA can accordingly be made 
on the basis of a Council decision designating the person empowered to sign the Statute on 
behalf of the European Community and providing for its provisional application.  

This proposal provides for signature of the Statute and its provisional application.  

1.1. 

Community signature  

Article  XIX  of  the  Statute  foresees  that  the  Statute  remains  open  for  signature, 
including for regional inter-governmental economic integration organisations, until it 
enters  into  force  on  the  thirtieth  day  after  the  date  of  deposit  of  the  twenty-fifth 
instrument of ratification.  

1.2. 

Participation in IRENA prior to accession 

As  IRENA's  statute  may  not  enter  into  force  in  the  immediate  future  due  to  the 
provision  of  Article  XIX,  it  is  envisaged  that  the  Community  participates  to  the 
extent  possible  in  any  preparatory  activities  such  as  the  Preparatory  or  Interim 
Commission. 

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Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of the Statute of the International Renewable 
Energy Agency (IRENA) by the European Community  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
175 paragraph 1 and Article 300 paragraph 2, first subparagraph, 

Having regard to the proposal from the Commission, 

Whereas 

(1) 

(2) 

(3) 

(4) 

On 26 January 2009, the Statute of the International Renewable Energy Agency ("the 
Statute")  was  signed  at  the  Founding  Conference  in  Bonn  by  seventy-five  States, 
including twenty EU Member States. 

According to the Statute, the objective of the International Renewable Energy Agency 
("IRENA")  is  "to  promote  the  widespread  and  increased  adoption  as  well  as  the 
sustainable  use  of  all  forms  of  renewable  energy,  taking  into  account  national  and 
domestic  priorities  and  benefits  derived  from  a  combined  approach  of  renewable 
energy  and  energy  efficiency  measures,  and  the  contribution  of  renewable  energy  to 
environmental  preservation,  through  limiting  pressure  on  natural  resources  and 
tropical  deforestation,  desertification  and 
reducing  deforestation,  particularly 
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". 

Both the European Community and its Member States have competence in the areas 
covered by the Statute. Certain obligations, provided for by the Statute, affect or are 
likely to affect the arrangements laid down by Community acts adopted regarding the 
environment and energy. 

In view of its entry into force only on the thirtieth day after the deposit of the twenty-
fifth instrument of ratification, and in view of the Statute remaining open for signature 
until that time, the Statute should be signed on behalf of the European Community in 
accordance  with  its  Article  XIX  A.  Considering  that  at  the  Founding  Conference  of 
IRENA on 26 January 2009 established a Preparatory Commission for IRENA, which 
is  intended  to  ensure  the  rapid  and  effective  establishment  of  IRENA,  including  by 
establishing  an  interim  work  programme  and  budget,  it  is  considered  beneficial  to 
fully participate in IRENA activities from signature. The Statute should be applied on 
a provisional basis from 1 June 2009. 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign  on  behalf  of  the  European  Community,  the  Statute  of  the  International  Renewable 
Energy Agency founded on 26 January 2009 in Bonn.  

Article 2 

Pending  its  entry  into  force,  the  Community  shall  apply  the  Statute  on  a  provisional  basis 
from 1 June 2009. 

Done at Brussels,  

For the Council 
The President 

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