TCP Framework

The Framework is the high-level document that sets out the legal basis for the TCPs and outlines the structures they all share. The Framework establishes the mandate for the TCPs, pursuant to Chapter VII of the Agreement on an International Energy Program, under which IEA Member countries agreed to carry out long-term co-operation in the field of energy. The Framework also includes the basic terms and conditions of participation, the different classes of participants, the functions of the Executive Committee, and the TCP’s legal relationship to the IEA.  

The Framework is an integral part of the TCP Implementing Agreements and is generally attached as Exhibit A. The Framework provides the overarching structure for the TCPs, and all provisions of the Implementing Agreement must be consistent with it.

The first version of the Framework dates from the very early days of the IEA. In 1975, the Governing Board adopted the Guiding Principles for Co-operation in the Field of Energy Research and Technology (“Guiding Principles”) in fulfilment of Chapter VII of the Agreement on an International Energy Program (the treaty that created the IEA), which commits the IEA Member countries to co-operate on energy technology research and development. The Guiding Principles established a structure for multilateral cooperation through legally binding “Implementing Agreements” that are topically-focused and overseen by the IEA’s Committee on Energy Research and Technology (“CERT”) and laid out the basic terms for participation in IEA Implementing Agreements. As envisioned in the Guiding Principles, each TCP is governed by a separate, legally binding Implementing Agreement.

Initially, the Implementing Agreements were only available to OECD Members and the European Commission. However, over time the Governing Board gradually expanded the range of participants to include non-OECD members and private organisations under certain limited circumstances.

In April 2003, upon recommendation of CERT, the Governing Board replaced the Guiding Principles with the Framework for International Energy Technology Co-operation (“2003 Framework”). The key changes between the Guiding Principles and the 2003 Framework were removal of the limitations that applied to TCP members from non-OECD countries and broadening of opportunities for non-government participants to join TCPs as Sponsors. Following adoption of the 2003 Framework, almost every TCP updated their individual Implementing Agreement to incorporate the new Framework. 

The Framework has not been amended since 2003, although the field of energy technology innovation has continued to evolve. Although the Implementing Agreements can be amended in certain ways, any changes must be consistent with the Framework. This limits the ability of the individual TCPs to develop creative approaches and stay abreast of changes in the field.

Over the course of 2019, the Office of Legal Counsel led a consultation process to collect input from the relevant stakeholders regarding the modernisation of the TCP legal mechanisms. Overseen by the CERT, this process involved regular consultations with the CERT Task Force on TCP Enhancement, presentations at Working Party meetings and at the 3rd TCP Universal Meeting in June 2020, and convening of a Focus Group of TCP representatives. Following these consultations, the CERT recommended in November 2019 a set of updates to the 2003 Framework designed to adapt the TCP legal mechanisms to changes in the field since 2003 and to provide new engagement tools to TCPs. 

Based on this recommendation, on 6 April 2020, the Governing Board approved and adopted the Framework for the Technology Collaboration Programme. The Governing Board requested all TCP Executive Committees to amend their Implementing Agreements to incorporate the new Framework at the earliest possible opportunity but in all cases before the expiration of the current term and instructed CERT to oversee the implementation of the new Framework.  

The new Framework does not change the fundamental structure of the TCPs or the basic terms and conditions of participation. Instead, the focus is on updating the text to reflect how the TCP has evolved naturally since the last amendment and to enable certain new collaborative tools that could be utilised in addition to what is currently available. Compared to the previous version dating from 2003, the new Framework has made changes in five key areas.

The new Framework adopts the “Technology Collaboration Programme” name and branding. Historically, the TCPs were referred to only as “Implementing Agreements,” which has provoked confusion over the years as that name describes the legal document that binds the participants but does not fairly describe what the TCPs actually are or do. As a result, the IEA adopted the TCP terminology in 2015 to provide a more descriptive name. Most TCPs have long since adopted the “TCP” terminology in their communications, both official and otherwise.

In line with the IEA’s “opening the doors” strategy, the new Framework provides the same access to Accession and Association countries that is enjoyed by IEA Members. Previously, prior approval of the CERT has been required before a non-OECD country can join a TCP for the first time. Under the new system, prior CERT approval would not be required for countries that have already been accepted as either Accession or Association countries by the Governing Board.

It has remained a priority for the IEA to take advantage of the breadth of expertise found in the TCPs. At the same time, many TCPs have confirmed that working closely with the Secretariat is important to increase the potential audience for their outputs. To this end, the new Framework provides a stronger mandate for the IEA Secretariat to work together with the TCPs.

The new Framework provides a new engagement tool to further encourage participation from the private sector in the TCPs. Specifically, it creates a new category of participants called a “Limited Sponsor,” which would allow an organisation to participate in a single task of a TCP without having to become a member of the TCP itself and without prior approval of CERT under certain conditions.

In recent years, some TCPs have developed creative ways to carry out joint work between multiple TCPs and to work with external multilateral initiatives. The new Framework includes a provision encouraging these opportunities and providing authorisation to seek out new collaborations within the TCP network and beyond.

Is the new Framework binding on all TCPs?

The Framework, was adopted by a binding decision of the Governing Board. In this sense, it is binding on all IEA Members and on all committees of the IEA, including CERT and the Working Parties. However, each TCP is governed by a separate, legally binding Implementing Agreement, which were not automatically altered by the Governing Board decision.  Therefore, the new Framework is not automatically binding on each TCP.

That said, the Governing Board, the CERT, and the Working Parties must apply the Framework in all their future decisions. In the decision approving the new Framework, the Governing Board instructed the CERT review whether each TCP has adopted the Framework as a criteria in deciding whether to recommend an extension of term. This means that although the Framework is not immediately binding on the TCPs, the TCPs are expected to amend their Implementing Agreements to incorporate the new Framework before their next request for extension. If a TCP does not adopt the new Framework, the CERT may refuse to grant an extension of term.

How can we take advantage of new provisions in the Framework?

In order to utilise the new provisions of the Framework, for example the new “Limited Sponsor” participant type, you must amend your Implementing Agreement to incorporate the new Framework and adjust any provisions in the text of the IA to reflect the changes. In the coming weeks, the Office of Legal Counsel will release a new model Implementing Agreement containing suggested wording for the Implementing Agreement to incorporate the new provisions of the Framework. We are also committed to working with each TCP one-on-one to assist in this process.

How do we amend the IA? Do participants need to re-sign the agreement?

The Implementing Agreement can be amended by a unanimous decision of the Executive Committee. It is not necessary for participants to re-sign the agreement. More information can be found on the Implementing Agreement page.

What if we cannot amend our IA before our next extension?

The CERT is instructed to consider adoption of the Framework as a criteria in deciding whether to recommend an extension of term. This provides the CERT some flexibility to grant an extension even if a TCP has not fully implemented the new Framework, provided that the TCP can demonstrate reasonable progress in adopting the new Framework. 

For those Implementing Agreements that are set to expire in 2020 or 2021, there may not be sufficient time to draft and approve amendments implementing the new Framework. We recommend that TCPs take steps to begin drafting and considering of amendments and report these efforts as part the next request for extension.

Is assistance available for drafting amendments to implement the new Framework?

Yes! The Office of Legal Counsel is offering assistance to all TCPs to draft the necessary amendments and to make any other changes necessary to ensure that the Implementing Agreement remains fit for purpose. If you are beginning to think about amending your Implementing Agreement, please contact us at TCP.Legal@iea.org. 

The Governing Board has requested that all TCP Executive Committees amend their Implementing Agreements to incorporate the new Framework at the earliest but in all cases before the expiration of the current term. This is intended to provide flexibility regarding the timing of the amendments. If your current term lasts until 2023, you may wait to make the necessary amendments until closer to the end of your term. However, note that the new provisions of the Framework, for example, the Limited Sponsor role, will not be available until you have amended the IA to incorporate the new Framework. For this reason, we recommend that all TCP Executive Committees consider making the necessary amendments sooner rather than later regardless of when your current term ends. 

The Office of Legal Counsel is offering assistance to ensure that the new Framework can be implemented in an efficient manner. We are planning the following actions to aid the TCP Executive Committees in this process:

• We will be available to join your next ExCo meeting via videoconference to explain the new Framework and the next steps.
• We are able to assist in drafting specific amendments tailored to your Implementing Agreement to incorporate the Framework.
• Upon request, we will hold calls with individual ExCo representatives—or with your organisation’s lawyers—to address any specific questions.
• If your TCP has an upcoming request for extension, we will be reaching out to you soon to discuss next steps.

If you have any questions, if you have an upcoming ExCo meeting that we could participate in, or if you are beginning to consider necessary amendments please do not hesitate to contact us at TCP.legal@iea.org.