Statute of the Research and Development Council

GOVERNMENT OF THE CZECH REPUBLIC

Annex to Government Resolution

No. 82 of 19th January 2005

Statute

of

the Research and Development Council

 

Article 1

Introductory Provisions

    1. The Research and Development Council (hereinafter referred to as the ”Council”) is an expert and advisory body to the Government in the field of research and development.

    2. The Council has been established under and its activities are regulated by Act No. 130/2002 coll., on the Support of Research and Development from Public Funds and on the Amendment to Some Related Acts (the Act on the Support of Research and Development)

      Article 2

      Scope of Responsibilities

      (1) The Council shall

      1. draw up long-term fundamental trends and schemes for the development of research and development in the Czech Republic through its advisory bodies, which have been established as expert commissions involved in the respective trends of research and development;

      2. process regular annual analyses and assessments of the research and development situation in the Czech Republic, compare them with foreign countries and submit
        the findings to the Government;

      3. develop a mid-term draft forecast for research and development support and estimate the total costs of research and development covered from individual budget chapters and propose their allocation;

      4. assess opinions concerning research and development documents submitted to the Government,

      5. conduct negotiations with the advisory bodies of the European Communities on research and development and with the research and development councils of the individual
        Member States of the European Communities but also other countries;

      6. act as administrator and operator and approve the rules for the operation of the Research and Development Information System,

      7. propose to the Government to appoint and/or remove the Chair and other members of the Board of the Czech Republic Grant Agency,

      8. fulfil any other tasks and duties set forth in the Act on the Support of Research and Development and special legal regulations, or those imposed by the Government.

      (2) In order to meet its assignments the Council shall cooperate with the central administration authorities and institutions involved in research and development.

    3. The Council shall submit to the Government as a minimum of once a year, a report on its activities and, if applicable, its recommendations and reports regarding the research and development situation.

      Article 3

      Council Bodies

      Council bodies shall be the Chairperson of the Council and the Board of the Council.

      Article 4

      Chairperson of the Council

    4. The Chairperson of the Council shall be a member of the Government who is accountable to the Government for the activities carried out by the Council. The Government shall appoint and remove the Chairperson upon the proposal of the Prime Minister.

    5. The Chairperson of the Council shall, in particular:

      1. summon and manage Council sessions;

      2. provide information to the Government regarding the results of an extraordinary meeting of the Council summoned upon the request of the Government;

      3. submit documents approved by the Council to the Government to be discussed by its members;

      4. after a discussion in the Council, appoint and remove; members and Chairs of advisory bodies and working parties of the Council and approve Statutes and Rules of Procedures of such bodies,

      5. submit to the Government proposals for remuneration of other Board members for their performance in public office.

    6. The Chairperson of the Council can be deputised by a Vice-Chairperson of the Council authorised by the Chairperson.

    7. The Chairperson of the Council shall decide on the participation of other persons who are not members of the Council, at Council sessions and meetings of the Board of the Council.

    8. The Chairperson of the Council may appoint and remove permanent guests of the Council. Permanent guests shall receive the documents necessary for a Council session and shall be entitled to participate in such sessions as regular members of the Council. They shall not have a voting right and shall not be entitled to reinbursement of expenses incurred in relation to their activities for the Council and shall not be remunerated by the Government for such activities.

      Article 5

      Board of the Council

    9. The Board of the Council shall consist of the Chairperson and three Vice-Chairpersons.

    10. The Board of the Council shall in particular

      1. manage the activities of the Council in between its sessions,

      2. prepare an agenda for Council sessions;

      3. coordinate activities carried out by advisory bodies and working parties of the Council.

    11. Vice-Chairpersons are elected from among the members of the Research and Development Council by secret ballot.

    12. The Board of the Council shall inform the Council, at its next session, of the Board’s activities carried out in between sessions.

    13. Meeting of the Board of the Council shall be held as necessary, usually once a week. Such meetings shall be presided over by the Chairperson of the Board.

      Article 6

      Council Members

    14. The Council shall consist of fifteen members including the Chairperson. Membership of the Council shall be a public office, which does not constitute any labour law relation to the Czech Republic.

    15. Council members, with the exception of the Chairperson of the Council, shall hold their office for a period of four years. A member of the Council may be appointed for only two successive periods.

    16. Members of the Council may not be represented by other persons. A member of the Council, who is at the same time a member of the Government, may be substituted by his/her deputy, however such a substitute shall not have a voting right.

    17. Members of the Council, with the exception of the Chairperson of the Council, shall be appointed and/or removed by the Government upon the proposal of the Chairperson of the Council.

    18. The Chairperson of the Council shall propose to the Government the candidates for Members of the Councils from among the representatives involved in funding research and development covered from public funds, from among representatives of institutions dealing with research and development, in particular the Academy of Sciences of the Czech Republic, the Grant Agency, public universities and colleges, ministerial and other research institutes and institutions involved in development and also representatives of the professional public proposed by natural persons involved in research and development. The Chairperson of the Council shall invite the aforementioned entities, in writing, to submit their proposals usually three (3) months prior to the termination of the office of the current members of the Council.

    19. Members of the Council shall

      1. be obliged to participate in sessions of the Council and meetings of working parties of which they are members, and be actively involved in the work of the Council and fulfil assignments arising from resolutions adopted by the Council;

      2. be entitled to submit to the Council proposals to be discussed and participate in any meeting of an advisory body or a working party of the Council;

      3. be obliged to submit their opinions on documents prepared for a session of the Council not later than at the session of the Council dealing with the aforementioned documents,

      4. not be permitted to be members of Expert Commissions of the Council, Expert Commissions and sub-commissions of the Czech Republic Grant Agency and members of commissions assessing proposals or results of research objectives or members of professional advisory bodies for evaluation of research and development project proposals.

      (7) If a member of the Council cannot be present at the session of the Council he/she shall be eligible to send to the Council in writing, by hard copy or via e-mail, his/her opinion on the information, idea or statement which is to be discussed.

      Advisory Bodies and Working Parties of the Council

      Article 7

    20. The Council shall establish among its advisory bodies, an Expert Commission for Living Natural Sciences, an Expert Commission for Non-Living Natural Sciences and Engineering, and an Expert Commission for Social and Humanitarian Sciences.

    21. An Expert Commission, within its scope of competencies, shall develop and draft long-term trends and schemes of the development of research and development in the Czech Republic and shall provide a professional opinion on documents drawn up by the Council.

    22. Any Expert Commission shall consist of between five (5) and up to twelve (12) members.

    23. The Commission’s Chair, who shall participate in the sessions of the Councils without having a voting right, shall manage and be responsible for the activities of the relevant Expert Commission.

    24. Activities of any Expert Commission shall be regulated by the Statute of the Expert Commission and the Rules of Procedure.

      Article 8

    25. A Working Commission is a working party of the Council. The Council may establish such commissions so that they work on long-term or permanent tasks.

    26. The Chair of a Working Commission shall manage and be responsible for its activities.

    27. Activities of any Working Commission shall be regulated by the Statute of the Working Commission and the Rules of Procedure.

      Article 9

    28. For solving specific tasks the Council may select among its members a rapporteur and establish a working group.

    29. The rapporteur shall in particular

      1. be responsible for preparing documents concerning tasks to be solved;

      2. cooperate with the Chair of the Expert Commission involved in fulfilling a relevant task;

      3. shall manage a working group, if it has been established, and shall be responsible for its activities;

      4. provide information on developed documents and shall prepare a draft of the opinions of the Council.

    30. Activities carried out by the rapporteur and the working group shall be of a temporary nature and shall be terminated by the accomplishment of the relevant task that the rapporteur and the working group were initially established.

      Article 10

      Invited Experts

      In order to solve certain issues the Council may require the cooperation of natural persons, who are not members of the Council, although they are experts involved in an issue in question (hereinafter referred to as ”invited experts”). Invited experts may be invited to participate in Council sessions, meetings of a Commission or meetings of a working group and they may be asked to provide their written opinion.

      Article 11

      Safeguarding Council Activities

    31. Activities carried out by the Council and working groups are ensured by the Department of Research, Development and Innovations of the Office of the Government of the Czech Republic (hereinafter referred to as the ”Office of the Government”) as a Secretariat of the Council.

    32. The Secretariat of the Council shall, in particular

      1. gather documents and information needed for the activities of the Council, its advisory bodies and working parties and draw up documents for Council sessions and meetings of the Board of the Council according to instructions provided by the Chairperson of the Council and the Board of the Council;

      2. be responsible for the preparation of documents for Council sessions and meetings of the Board of the Council and shall be responsible for organising Council sessions and meetings of the Board of the Council including any other meetings relating to assignments of the Council to be met;

      3. operate the Information System of Research and Development in compliance with the Act on the Support of Research and Development, other special legal regulations and the Strategy for the Information System of Research and Development approved by the Government;

      4. file all documents relating to activities of the Council and ensure their processing and signing off;

      5. regularly update information on the activities of the Council and its members disclosed on the web sites of the Office of the Government and on the web sites of the State Administration of Research and Development of the Czech Republic.

    33. The Director of the Council Secretariat shall

      1. be responsible for fulfilling tasks of the Secretariat of the Council and shall manage his/her activities in compliance with the instruction of the Chairperson of the Council;

      2. act as Secretary of the Council and participate in meetings of the Board of the Council and Council sessions having an advisory vote;

      3. be responsible for utilising funds allocated for research and development from the budget chapter of the Office of the Government and specified for the activities of the Council and operation of the Information System of Research and Development.

    34. The Head of the Office of the Government shall appoint and remove the Director of the Council Secretariat upon the proposal of the Chairperson of the Council after such proposal has been discussed with the Council

    35. Activities of the Secretariat of the Council which are not regulated hereunder shall be regulated by the Rules of Internal Governance of the Office of the Government.

      Article 12

      Council Sessions

    36. Council Sessions shall be usually held once a month, however at least once in every three (3) months. Preliminary dates of sessions shall be approved by the Council as a minimum of six (6) months prior to the date on which they are to be held.

    37. An extraordinary session of the Council shall be summoned by the Chairperson of the Council upon the request of the Government or upon the request of one third of the members of the Council not later than five (5) days after such request has been delivered.

    38. The Council shall be obliged to discuss at its session, documents submitted not later than three (3) weeks prior to the relevant session of the Council. The Board shall decide on the document submitted after the determined deadline.

    39. Procedures to be taken during Council sessions shall be regulated by the Council’s Rules of Procedure which shall be approved by the Council upon the proposal of the Council Chairperson.

      Article 13

      Costs of Activities and Remuneration

    40. Costs of activities of the Council shall be covered from expenditure allocated to research and development from the budget chapter of the Office of the Government.

    41. Membership of advisory bodies and working parties of the Council shall not constitute any labour law relation to the Czech Republic.

    42. Members of the Council shall be eligible for the reimbursement of expenses incurred in relation to the execution of the office of a member of the Council. Members of advisory bodies and working parties of the Council shall be entitled for reimbursement of proven travel expenses in compliance with the generally binding legal regulations.

    43. Remuneration for the execution of a public office to the members of the Council, who are not members of the Government, shall be specified by the Government pursuant to the Act upon the proposal of the Chairperson of the Council. Compensation for invited experts shall be specified in compliance with the generally binding legal regulations.

      Article 14

      Final Provisions

    44. This Statute shall come into effect on 19th January 2005.

    45. Any amendments and alterations to this Statue shall be subject to Government approval.

    46. The Statute shall be available for the general public on the web sites and in the seat of the Office of the Government of the Czech Republic. The statute, always in the amended and consolidated version, shall be published on the web sites.

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