Statute of the Research and Development Council
RESEARCH, DEVELOPMENT AND INNOVATION COUNCIL
Current Statutes of the Research, Development and Innovation Council, approved by Resolution of the Government of the Czech Republic No 286 of 18 April 2012:
Article 1
Preamble
(1) The Research, Development and Innovation Council (hereinafter referred to as the “Council”) is an expert and advisory body of the Government in the field of research, experimental development and innovation.
(2) The Council is established and its activities are governed by Act No 130/2002 on the promotion of research, experimental development and innovation from public resources and amending certain related laws (the Act on the Promotion of Research, Experimental Development and Innovation), as amended.
Article 2
Scope
(1) The Council shall be responsible for
a) the preparation of the National Research, Development and Innovation Policy in cooperation with the Ministry of Education, Youth and Sports and in accordance with international treaties, and the submission thereof the Government;
b) checks on the implementation of the National Research, Development and Innovation Policy in the form of opinions on the compliance of research, experimental development and innovation programmes submitted by grantors with the National Research, Development and Innovation Policy prior to approval of such programmes by the Government;
c) the preparation of Guidelines for the Evaluation of the Results of Research Organizations and the Results of Completed Programmes, and the submission thereof to the Government;
d) evaluations of the results of research organizations and the results of completed programmes in accordance with the Government-approved Guidelines for the Evaluation of the Results of Research Organizations and the Results of Completed Programmes;
e) nominations for members of the board and for the chairman of the Technology Agency of the Czech Republic and the Czech Science Foundation, and for members of the research and academic councils thereof;
f) the preparation of the Czech Republic’s industrial research, experimental development and innovation priorities;
g) the production of regular annual analyses and evaluations of the research, experimental development and innovation situation in the Czech Republic and a comparison thereof with other countries, and the submission thereof to the Government;
h) the role of administrator and operator of the information system for research, experimental development and innovation, and approval of the operating rules thereof,
i) the production of opinions on materials submitted to the Government in the field of research, experimental development and innovation;
j) negotiations with the research, experimental development and innovation advisory bodies of the European Communities and with the research, experimental development and innovation councils of individual Member States of the European Communities and other countries;
k) the preparation of a draft medium-term research, experimental development and innovation aid outlook;
l) the draft total amount of expenditure on research, experimental development and innovation under individual budget headings and the distribution thereof pursuant to Section 5 of the Act on the Promotion of Research, Experimental Development and Innovation;
m) the preparation of an opinion on applications for permission to carry out research on human embryonic stem cells or on applications for a change to such permission, or on applications for permission to import human embryonic stem cells, on the basis of a proposal from its advisory body, namely the Bioethics Committee;
n) the performance of other tasks and duties prescribed by the Act on the Promotion of Research, Experimental Development and Innovation, special legislation or tasks imposed by the Government.
(2) In the performance of its tasks, the Council shall cooperate with central administrative authorities and institutions engaged in research, experimental development and innovation.
(3) The Council shall report to the Government at least once a year on its activities and, where necessary, shall submit recommendations and reports on the state of research, experimental development and innovation.
Article 3
Bodies
The Council’s bodies shall be the Council Chairman and the Council Board.
Article 4
Chairman
(1) The Chairman shall be a member of the Government. The Council Chairman shall be appointed and removed by the Government on a proposal from the Prime Minister.
(2) In particular, the Council Chairman shall:
a) make proposals to the Government for the appointment or removal of Council members;
b) convene and chair Council meetings;
c) advise the Government on the outcome of an extraordinary Council meeting convened at the request of the Government;
d) submit Council-approved documents to the Government for consideration;
e) appoint and remove members and chairmen of expert and advisory bodies of the Council on a proposal from the Council,
f) make proposals to the Government for remuneration for other Council members for the holding of public office;
g) establish the remuneration of members of expert and advisory bodies of the Council.
(3) The Council Chairman shall be represented by the Council’s First Vice-Chairman or, to the extent laid down in the Council’s Rules of Procedure, by a Council Vice-Chairman thereby delegated.
(4) The Council shall decide on the attendance of persons who are not Council members at Council meetings and meetings of the Council Board.
(5) The Council may appoint and remove the permanent guests of the Council. Permanent guests of the Council shall receive underlying documentation for Council meetings and shall be entitled to attend Council meetings to the same extent as full Council members. Notwithstanding the above, they shall not be entitled to cast votes and shall not be entitled to the reimbursement of expenses associated with activities within the Council and shall not be remunerated by the Government for such activity. Permanent guests may not be represented at Council meetings. Should a permanent guest fail to attend Council meetings without a valid excuse three times in succession, the Council may propose the removal thereof to the Council Chairman.
Article 5
Board
(1) The Council Board shall comprise the Council Chairman and three Council Vice-Chairmen.
(2) In particular, the Council Board shall:
a) manage the Council’s activities between meetings thereof;
b) prepare the agenda of Council meetings;
c) coordinate the activities of expert and advisory bodies of the Council.
(3) The Council’s First Vice-Chairman and two other Council Vice-Chairmen shall be elected by secret ballot from among the Council members. Nominations shall be submitted by Council members.
(4) The Council Board shall report on its activities between meetings to the Council at the next meeting.
(5) Meetings of the Council Board shall be held as and when necessary, as a rule once a week. Meetings shall be chaired by the Council Chairman.
Article 6
Members
(1) The Council shall have 17 members, including the Council Chairman and Council Vice-Chairmen.
(2) The term of office of Council members shall be four years. A Council member may be appointed for a maximum of two consecutive terms.
(3) Council membership shall not be substitutable. A Council member who is a member of the Government may send a deputy. A deputy sent by a Council member may attend Council meetings without voting rights.
(4) Council members shall be appointed by the Government on a proposal from the Council Chairman so that, in particular, leading experts in fundamental research and industrial research, experimental development and innovation are represented.
(5) Council members
a) shall attend Council meetings and meetings of working groups to which they are appointed, actively participate in the work of the Council and perform tasks arising from the resolutions adopted by the Council;
b) shall be entitled to submit proposals to the Council for discussion and to attend any meetings of an expert or advisory body of the Council;
c) shall be entitled to present reasoned proposals for a fundamental amendment to a draft resolution in respect of underlying documentation for a Council meeting no later than 48 hours before the Council meeting which is to discuss it; a fundamental amendment to a draft resolution shall include, without limitation, a proposal for a substantive change thereto, or a proposal for the cancellation or postponement of the discussion of underlying documentation; in case of dispute, the Council shall take a decision by a vote;
d) shall respect the confidentiality of the documents discussed until they are approved and published by the Council; this shall not preclude expert consultation on the issues discussed;
e) shall not be members of the sectoral committees of the Czech Science Foundation or of the Technology Agency of the Czech Republic, or members of the expert advisory bodies of grantors of aid for research, experimental development and innovation from public funds for the evaluation of project proposals in the open tendering procedure related to research, experimental development and innovation.
(6) A Council member who is unable to attend a Council meeting shall be entitled to send his opinion on information, considerations or discussions to the Council on paper or in electronic form.
Article 7
Expert and Advisory Bodies
(1) The Council shall appoint its expert and advisory bodies.
(2) Members of expert and advisory bodies of the Council shall be elected from leading experts in the field by the Council, and shall be appointed and removed by the Council Chairman on a proposal from the Council. A member may also be removed if he resigns. The chairman of an expert and advisory body shall be a Council member appointed by the Council Chairman on a proposal from the Council. The chairman of an expert or advisory body shall also be a member of that expert and advisory body.
(3) Expert committees for the processing of priorities in industrial research, development and innovation, the Committee for the Evaluation of the Results of Research Organizations and Completed Programmes, and any other expert and advisory body established by the Council shall work in the area of their competence according to the Council’s instructions.
(4) The Bioethics Committee shall prepare draft expert opinions of the Council on applications for permission to carry out research on human embryonic stem cells or on applications for a change to such permission, or on applications for permission to import human embryonic stem cells, and, from an expert perspective, shall deliver observations on documents being prepared by the Council in the field of the bioethical aspects of research and development.
(5) The chairman of an expert and advisory body shall be accountable for the activities thereof.
(6) The activities of an expert and advisory body shall be governed by its statutes and rules of procedure approved by the Council.”
Article 8
Rapporteurs and Working Groups
(1) The Council may appoint a rapporteur from among Council members and set up a working group which may also include external experts in order to address selected tasks.
(2) In particular, a rapporteur shall
a) be responsible for the preparation of underlying documentation relating to the task at hand;
b) cooperate with the chairman of an expert committee where such expert committee participates in a task;
c) manage a working group, if established, and be accountable for the activities thereof;
d) report on the material drawn up and prepare a draft opinion of the Council.
(3) The mandate of a rapporteur and working group shall be temporary and shall end with the fulfilment of the task in respect of which the rapporteur and the group were appointed.
Article 9
Invited Experts
In addressing a selected issue, the Council may seek the cooperation of individuals who are not members of the Council but who are experts on the issue concerned (hereinafter referred to as “invited experts”). Invited experts may be invited to attend Council meetings, committee meetings or working group meetings or may be asked to draw up a written opinion.
Article 10
Management of Activities
(1) The activities of the Council and working groups shall be managed by the Council secretariat, which shall be organizationally incorporated into the structure of the Office of the Government of the Czech Republic (hereinafter referred to as the “Office of the Government”).
(2) In particular, the Council secretariat shall:
a) collect and process documents and information necessary for the activities of the Council and its expert and advisory bodies;
b) be responsible for the preparation of documents for Council meetings and Council Board meetings;
c) organize Council meetings and Council Board meetings and other meetings related to the Council’s tasks;
d) be responsible for the operation and development of the information system for research, experimental development and innovation in accordance with the Act on the Promotion of Research, Experimental Development and Innovation, other special legislation and the Government-approved concept;
e) shall be responsible for keeping records of any and all documents relating to the Council’s activities, and the processing and handling thereof;
f) regularly update information on the activities of the Council and its members published on the website of the Office of the Government and on the website of the central government administration for research, experimental development and innovation in the Czech Republic.
(3) The Council secretariat manager
a) shall be responsible for the performance of the Council secretariat’s tasks and shall manage the Council secretariat’s activities;
b) shall be the Council Secretary and shall attend Council Board meetings and Council meetings in an advisory capacity;
c) shall be accountable for the use of financial resources for research, experimental development and innovation under the budget heading of the Office of the Government earmarked for the performance of the Council’s activities and the information system for research, experimental development and innovation.
(4) The Council secretariat manager shall be appointed and removed by the Director of the Office of the Government.
(5) The Council secretariat’s activities shall be governed by the Organization Rules of the Office of the Government.
Article 11
Meetings
(1) Council meetings shall be held, as a rule, once a month, but at least once every three months. The provisional dates of meetings shall be approved by the Council at least six months before they take place.
(2) Extraordinary Council meetings shall be convened by the Council Chairman at his own discretion, at the request of the Government, or at the request of at least five Council members within five days of receipt of such a request.
(3) At its meetings, the Council shall discuss documents submitted no later than seven calendar days before the Council meeting. The Council Chairman or the Council’s First Vice-Chairman shall decide whether to discuss documents submitted after this deadline.
(4) The procedure at Council meetings shall be governed by the Council’s Rules of Procedure approved by the Council.
Article 12
Cost of Activities and Remuneration
(1) The costs of the Council’s activities shall be covered by the expenditure on research, experimental development and innovation under the budget heading of the Office of the Government.
(2) Membership of the Council and expert and advisory bodies of the Councils shall constitute public office and shall not constitute an employment relationship with the Czech Republic.
(3) Council members and members of expert and advisory bodies of the Council shall be entitled to remuneration and travel expenses for holding office.
(4) The remuneration due to Council members for holding public office shall be determined by the Government, on a proposal from the Council Chairman, in accordance with the Act on the Promotion of Research, Experimental Development and Innovation.
(5) The remuneration due to members of the expert and advisory bodies of the Council shall be determined by the Council Chairman in accordance with the Act on the Promotion of Research, Experimental Development and Innovation.
(6) Travel expenses shall be reimbursed to Council members and members of expert and advisory bodies of the Council at the amount and under the conditions laid down in the Labour Code.
(7) Remuneration, set in accordance with legislation of general application, may be provided to invited experts,
Article 13
Final Provisions
(1) These Statutes shall enter into effect on 30 November 2009.
(2) Amendments to these Statutes shall be subject to approval by the Government.
(3) These Statutes shall be publicly accessible on the website of and at the Office of the Government of the Czech Republic. The consolidated text of the Statutes shall be published on the website.
