Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Partnership for Energy Efficiency Cooperation (IPEEC) with regard to the extension of the Terms of Reference for the IPEEC for the period from 24 May until 31 December 2019
Date: 2019-05-14
Institutions: Directorate-General for Energy, European Commission
Subjects: energy cooperation, energy efficiency, international cooperation, international organisation

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 14.5.2019  COM(2019) 229 final 2019/0110 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Partnership for Energy Efficiency Cooperation (IPEEC) with regard to the extension of the Terms of Reference for the IPEEC for the period from 24 May until 31 December 2019   
 
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
in  the  Policy  Committee  of  the  International  Partnership  for  Energy  Efficiency  Cooperation 
(IPEEC) in connection with the envisaged adoption of the extension of the existing Terms of 
Reference  of  the  International  Partnership  for  Energy  Efficiency  Cooperation  for  the  period 
from 24 May until 31 December 2019.   

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The International Partnership for Energy Efficiency Cooperation 

At the initiative of the European Commission, in June 2008, members of the G8, China, India 
and  South  Korea  and  the  Commission  decided  to  establish  an  International  Partnership  for 
Energy  Efficiency  Cooperation  (IPEEC),  which  is  to  facilitate  those  actions  that  yield  high 
energy  efficiency  gains.  The  IPEEC  provides  a  forum  for  discussion,  consultation  and 
exchange of information. It played an important role during the last years in ensuring overall 
coordination and supporting collaboration under the G20 Energy Efficiency programme. The 
IPEEC is open to other countries and intergovernmental organisations. 

On  24  May  2009,  the  Terms  of  Reference  for  the  International  Partnership  for  Energy 
Efficiency  Cooperation  ("the  Terms  of  Reference"  or  “ToR”)  were  signed  in  Rome  for  a 
period  of  10  years  (until  24  May  2019)  by  12  States,  including  four  Member  States  of  the 
European Union. 

Article  4.2  of  the  Terms  of  Reference  provides  that  IPEEC  is  open  to  intergovernmental 
organisations  and  that  membership  is  contingent  upon  the  signature  of  those  ToR. 
Consequently,  the  Union  signed  and  concluded  them  pursuant  to  Council  Decision 
2009/954/EC1.  

The  Terms  of  Reference  describe  the  cooperative  activities  of  the  IPEEC,  establish  its 
organisation,  define  the  criteria  for  potential  new  members  and  contain  general  provisions 
regarding, including the funding of the Partnership and intellectual property rights. 

Both the Union and its Member States have competence in the areas covered by the Terms of 
Reference.  Consequently,  coherent  positions  need  to  be  taken  in  conformity  with  their 
respective competences and in particular with regard to environment and energy. 

The  IPEEC  is  managed  by  a  Secretariat  which  organises  meetings  of  its  Policy  Committee 
and  its  Executive  Committee.  The  Secretariat  also  provides  support  to  existing  task  groups, 
and  maintains  communication  among  the  IPEEC  Members  and  the  broader  energy  policy 
community.  

Pursuant to point 7.1 of the ToR, they are valid for a period of 10 years, until 24 May 2019, 
unless extended or discontinued by the Members. 

The Secretariat is hosted by the  International Energy Agency  (IEA) in Paris, France. On 24 
May  and  22  June  2009,  respectively,  a  Memorandum  concerning  the  hosting  by  the 

1 

Council Decision 2009/954/EC1 of 30 November 2009 on the signing and conclusion of the Terms of 
Reference  for  the  International  Partnership  for  Energy  Efficiency  Cooperation  (IPEEC)  and  the 
Memorandum  concerning  the  hosting  by  the  International  Energy  Agency  of  the  Secretariat  to  the 
International  Partnership  for  Energy  Efficiency  Cooperation  by  the  European  Community  (OJ  L  330, 
16.12.2009, p. 37). 

EN 

1 

  EN 

 
                                                 
International Energy Agency of the Secretariat to the IPEEC ("the Memorandum") was signed 
in  Rome  by  12  States,  including  four  Member  States  of  the  Union.  The  IEA  signed  the 
Memorandum on 18 June 2009, and the Union also signed and concluded the Memorandum 
pursuant to Council Decision 2009/954/EC2. 

The  Memorandum  describes  the  general  principles  regarding  the  organisation  of  the 
Secretariat, and contains provisions regarding the staffing of the Secretariat and recruitment, 
as  well  as  regarding  the  issues  of  funding  and  budgetary  procedures.  The  European  Union 
pays a contribution to the IPEEC for its administrative expenses. 

Pursuant to point 17 of the Memorandum,  “This Memorandum may be ended by the IEA or 
the Executive Committee [of IPEEC] at any time. They should endeavour to provide no less 
than twelve months’ prior written notice to each other in this event”. It is inferred from this 
point that the Memorandum was concluded sine die. 

2.2. 

The Policy Committee of the IPEEC 

The  Policy  Committee  (currently  chaired  by  the  European  Commission)  governs  IPEEC’s 
overall framework and policy initiatives, and evaluates the progress of IPEEC’s work within 
the  context  of  broad  strategic  priorities.  The  Policy  Committee  is  composed  of  a  high-level 
representative of each Member. 

Next  to  the  Policy  Committee,  there  is  an  Executive  Committee  (currently  chaired  by 
Canada),  composed  of  a  mid-level  representative  of  each  Member,  and  which  adopts  the 
proposals of member countries and examines membership requests. It also develops proposals 
for task groups, monitors task group progress, approves the annual programme of work and 
the budget, and provides guidance to the IPEEC Secretariat.  

Pursuant to point 3.4 of the ToR, the Policy Committee and the Executive Committee should 
make decisions on the basis of consensus, except as otherwise provided.  

The position in the IPEEC Secretariat is that the Policy Committee has the authority to extend 
the IPEEC’s ToR in its role as plenary body composed of high-level representatives of all the 
IPEEC Members.  

2.3. 

The envisaged act of the Policy Committee  

On 21 February 2019, during the 16th meeting of the Policy Committee, the IPEEC Members 
adopted  a  decision  extending  the  duration  of  the  IPEEC’s  ToR  until  31  December  2019 
without  prejudice  to  the position  of  the  Union  still  to  be  expressed  following  the  procedure 
under Article 218(9) of the TFEU. 

The short-term extension of the IPEEC’s ToR was proposed by the IPEEC Secretariat in order 
to  avoid  an  abrupt  termination  of  IPEEC’s  activities  on  24  May  2019  when  the  10-year 
duration period provided for in the ToR will expire. 

In  2017,  in  order  ‘to  strengthen  international  collaboration  on  energy  efficiency,  avoid 
duplication of work streams among international organisations working on energy efficiency, 
and  create  opportunities  for  more  efficient  use  of  resources  with  greater  impact  of  the 
collaboration’,  the  German  G20  Presidency  proposed  to  explore  setting  up  an  Energy 
Efficiency HUB (the ‘Hub’). Following intense negotiations, a proposal was tabled to set up 
such a Hub under the IEA, which would achieve synergies between the IPEEC and the IEA 

2 

Council Decision 2009/954/EC2 of 30 November 2009 (OJ L 330, 16.12.2009, p. 37–47).  

EN 

2 

  EN 

 
                                                 
 
and  secure  the  continuation  of  IPEEC’s  work  following  the  expiry  of  the  IPEEC  Terms  of 
Reference on 24 May 2019. 

On  20  February  2019,  the  IEA  Governing  Board  approved  the  establishment  of  the  Energy 
Efficiency Hub as a Special Activity under Article 65 of the Agreement on an  International 
Energy Program, for an initial period of five years. The Governing Board further agreed that 
if  the  IPEEC  Members  decided  to  extend  the  IPEEC  Terms  of  Reference,  the  IEA  would 
continue  hosting  the  IPEEC  Secretariat  until  31  December  2019,  provided  that  adequate 
funding and commitments have been received before 23 May 2019 to cover the expenses of 
the extension period. 

Against this background, an extension of the duration of the IPEEC ToR would provide the 
additional  time  to  discuss  and  decide  the  transition  of  the  IPEEC  into  the  new  Energy 
Efficiency HUB   

Operationally, an extension until 31 December 2019 takes into account the continued delivery 
of IPEEC’s programme of work and core services to the IPEEC Members. This includes, for 
instance, energy efficiency work under the G20, which this year will include events scheduled 
after  the  end  of  IPEEC’s  current  mandate  on  24  May.  The  availability  of  funds  to  cover 
activities during the extension period is also considered, as the IPEEC Secretariat is currently 
receiving contributions for the full 2019 calendar year. 

The  payment  will  be  made  for  2019  and  the  funds  will  be  used  for  the  functioning  of  the 
IPEEC secretariat until the end of the  year 2019 and if there will be remaining funds, these 
would  support  the  continuation  of  activities  by  its  successor.  If  there  is  no  international 
cooperation  related  to  IPEEC  or  its  successor,  before  the  end  of  the  year  2019,  the  funds 
would normally be returned along the procedures of the IEA.  

The envisaged decision will become binding on the parties in accordance with point 7.1 of the 
Agreement.  

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3. 
In view of the reasons  explained in  the section above, the  IPEEC  Members, during the 16th 
meeting of the Policy Committee on 21 February decided on the following, without prejudice 
and subject  to  the position of the Union still to be expressed following the procedure under 
Article 218(9) TFEU: 

 

 

 

 

Approved  the  extension  of  the  Terms  of  Reference  of  the  International  Partnership 
for  Energy  Efficiency  Cooperation  for  the  period  from  24  May  until  31  December 
2019; 

Welcomed  the  IEA  Governing  Board  decision  to  continue  hosting  the  IPEEC 
Secretariat at the IEA until 31 December 2019 on the basis of the Memorandum; 

Instructed the IPEEC Secretariat to secure the administrative continuity of the IPEEC 
for the period of extension, including working with the IEA to extend staff contracts 
and  preparing  a  revised  2019  Programme  of  Work  and  Budget  for  approval  at  the 
next ExCo meeting on 28-29 March 2019;  

Called  on  Members  to  do  their  best  effort  to  provide  their  2019  Voluntary 
Contribution  (VC)  and  submit  the  VC  letters  at  the  latest  by  22  May  2019.  The 
intention of submitting such VCs should be communicated to the Secretariat by the 
time of the ExCo on 28-29 March; 

EN 

3 

  EN 

 
 

 

 

 

Welcomed the IEA Governing Board decision to host the Secretariat of the Energy 
Efficiency Hub at the IEA and acknowledged the related information note circulated 
to Policy Committee Members; 

Acknowledging  that  the  Energy  Efficiency  Hub  will  not  constitute  a  new  entity  or 
institution but transform the work of the IPEEC into a new and stronger vehicle for 
global energy efficiency collaboration, instructed the IPEEC Secretariat to work with 
the IEA and interested Members  to establish and operationalise the Hub;  

Required  the  Policy  Committee  Chair  and  Vice-Chairs,  together  with  the  other 
interested countries, to work with the IPEEC and the IEA Secretariats with a view to 
conclude the process of establishing the Energy Efficiency Hub in the course of the 
year; and 

Endorsed the continued smooth administrative transition of the IPEEC into the Hub, 
in  particular  in  relation  to  the  transfer  of  Task  Groups,  funds  and  the  IPEEC 
Secretariat staff. 

It is proposed that the Union agrees with this decision.  

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’3. 

4.1.2.  Application to the present case 

The  IPEEC  is  a  body  set  up  by  an  agreement,  namely  the  Terms  of  Reference  for  the 
International  Partnership  for  Energy  Efficiency  Cooperation  ("the  Terms  of  Reference"  or 
“ToR”).  

The act which the IPEEC is called upon to adopt constitutes an act having legal effects. The 
envisaged  act  will  be  binding  under  international  law  in  accordance  with  point  7.1  of  the 
Terms of Reference because it extends in time the commitments undertaken by the Members 
of the IPEEC when concluding the original ToR. 

The  envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement; the institutional framework created by the ToR remains intact. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

3 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

EN 

4 

  EN 

 
                                                 
4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's behalf.  If the  envisaged act pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The  main  objective  and  content  of  the  envisaged  act  relate  to  the  promotion  of  energy 
efficiency within the field of energy. 

Therefore, the substantive legal basis of the proposed decision is Article 194(2) TFEU.[Please 
use abbreviations consistently throughout the text] 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 194(2), in conjunction with Article 
218(9) TFEU. 

EN 

5 

  EN 

 
2019/0110 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the International 
Partnership for Energy Efficiency Cooperation (IPEEC) with regard to the extension of 
the Terms of Reference for the IPEEC for the period from 24 May until 31 December 
2019  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 194(2), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

4 

The  Terms  of  Reference  for  the  International  Partnership  for  Energy  Efficiency 
Cooperation  (IPEEC)  (‘the  Agreement’)  commenced  on  24  May  2009  and  were 
concluded by the Union by Council Decision 2009/954/EC4.  

Pursuant  to  point  7.1  of  the  Agreement,  the  Members  of  the  IPEEC  may  decide  to 
extend its duration. The Policy Committee, being IPEEC’s plenary body composed of 
high-level representatives of all its Members, and being entrusted to govern the overall 
framework and policies of the IPEEC, is the appropriate body within which the IPEEC 
Members can decide on an extension of the Agreement.  

The  IPEEC  Members,  except  for  the  Union,  approved  the  extension  of  the  IPEEC 
Terms of Reference  for the period from 24 May until 31 December 2019 at the Policy 
Committee meeting on 21 February 2019.  

It  is  appropriate  to  establish  the  position  on  the  extension  of  the  IPEEC  terms  of 
reference to be taken on the Union's behalf, as the extension of the Terms of Reference 
would be binding on the Union.  

The IPEEC Members are considering the possibility to combine the current activities 
of  IPEEC  and  the  energy  efficiency  activities  of  the  International  Energy  Agency 
(IEA)  into  an  energy  efficiency  hub  in  order  to  achieve  synergies  in  this  area.  The 
short-term extension of the IPEEC Terms of Reference aims to allow for the necessary 
time,  as  an  interim  measure,  to  set  up  the  energy  efficiency  hub  while  ensuring  that 
IPEEC’s activities continue and are transferred without interruption to the new energy 
efficiency hub.  

Council Decision 2009/954/EC of 30 November 2009 on the signing and conclusion of  the Terms of 
Reference  for  the  International  Partnership  for  Energy  Efficiency  Cooperation  (IPEEC)  and  the 
Memorandum  concerning  the  hosting  by  the  International  Energy  Agency  of  the  Secretariat  to  the 
International  Partnership  for  Energy  Efficiency  Cooperation  by  the  European  Community  (OJ  L  330, 
16.12.2009, p. 37).  

EN 

6 

  EN 

 
 
                                                 
(6) 

(7) 

Operationally, an extension until 31 December 2019 takes into account the continued 
implementation  of  IPEEC’s  work  programme  and  core  services  to  the  IPEEC 
Members.  This  includes  energy  efficiency  work  under  the  G20,  which  this  year  will 
include events scheduled after the end of IPEEC’s current mandate on 24 May 2019. 
The  availability  of  funds  to  cover  activities  during  the  extension  period  is  also 
considered,  as  the  IPEEC  Secretariat  is  currently  receiving  contributions  for  the  full 
2019  calendar  year  and  activities,  remaining  staff  and  possible  resources  could  be 
transferred into the new energy efficiency hub. 

A  short-term  extension  of  the  IPEEC  Terms  of  Reference  is  therefore  important  to 
avoid an abrupt termination of IPEEC’s activities on 24 May 2019. In accordance with 
point 3.4 of the IPEEC Terms of Reference, the final decision on the extension has to 
be  adopted  by  consensus  of  the  IPEEC  Members,  ,  and  following  the  Policy 
Committee meeting of 21 February 2019, the position Council Decision is pending,  

HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken on the Union's behalf shall be the following: 

(1) 

(2) 

(3) 

to approve the extension of the Terms of Reference of the IPEEC for the period from 
24 May until 31 December 2019; 

to  agree  with  the  International  Energy  Agency  (IEA)  Governing  Board  decision  to 
continue  hosting  the  IPEEC  Secretariat  at  the  IEA  until  31  December  2019  on  the 
basis  of  the  Memorandum  concerning  the  Hosting  by  the  IEA  of  the  Secretariat  to 
the IPEEC; 

to endorse the  administrative transition of the IPEEC into a new energy efficiency 
hub,  in  particular  in  relation  to  the  transfer  of  Task  Groups,  funds  and  the  IPEEC 
Secretariat staff. 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

EN 

7 

  EN