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Regulation on the Establishment of CARNET

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Regulation on the Establishment of CARNET

Based on Article 12, Paragraph 2 of the Law on Institutions (»Official Gazette,« Nos. 76/93, 29/97, 47/99, and 35/2008), the Government of the Republic of Croatia, at its session held on February 26, 2015, adopted

 

REGULATION

 

About the Croatian Academic and Research Network – CARNET

 

Article 1.

(1) The Croatian Academic and Research Network – CARNET was founded by the Decree on the Establishment of the Croatian Academic and Research Network – CARNET (»Official Gazette,« No. 16/95), as an institution for information and information infrastructure activities in education and science.

(2) The institution referred to in paragraph 1 of this article shall operate under the name: Croatian Academic and Research Network – CARNET.

The abbreviated name of the institution is: CARNET.

(4) The institution's headquarters are located in Zagreb, at Josipa Marohnića 5.

Article 2.

The founder of CARNET is the Republic of Croatia, and the founding rights on behalf of the founder are exercised by the ministry responsible for education and science.

CARNET has legal personality and is registered in the court register.

Article 3.

CARNET operates throughout the territory of the Republic of Croatia.

(2) CARNET may establish branches.

(3) CARNET may, for the performance of its activities, establish branches abroad, provided it is not contrary to the legal order of the respective country.

Article 4.

(1) CARNET's activity is:

  • development, construction, and maintenance of computer and communication infrastructure that will connect educational, scientific research, and other institutions, as decided by the founder, into a unified information system,
  • connecting the CARNET network to international networks,
  • development and construction of information hubs and networks,
  • implementation of the computerization of the primary and secondary education system, through planning, development, organization, implementation, and monitoring of key aspects of computerization, in cooperation with the ministry responsible for education and science,
  • tasks within the competence of the national body for the prevention and protection against computer security threats of public information systems in the Republic of Croatia,
  • information technology promotion,
  • other jobs in the field of information science,
  • publishing of magazines and periodicals,
  • Other publishing activities,
  • Providing advice on computer hardware.,
  • other computer-related activities,
  • Software development and procurement,
  • Database development and management,
  • education (performance and organization of educational activities),
  • design and construction in the field of information technology,
  • design of telecommunication systems.

(2) Other CARNET activities include:

  • organizing seminars, conferences, etc.,
  • Organizing and providing user support,
  • User consulting within the scope of operations.

(3) The activities of CARNET referred to in paragraph 1 of this article are of special interest to the Republic of Croatia.

(4) CARNET's activities are not profit-oriented. If CARNET generates a profit through its activities, that profit shall be used exclusively for the performance and development of its activities.

Article 5.

The bodies of CARNET are the Management Board, the Director, and the User Council.

Article 6.

The Administrative Board manages CARNET.

(2) The Administrative Board shall adopt the Statute, the act on internal organization and operation, the institution's work and development programs and supervise their execution, decide on the financial plan and annual financial statement, propose changes in activity to the founder, provide the founder and the institution's director with proposals and opinions on individual matters, and pass decisions and perform other tasks defined by law, this Regulation and the institution's Statute.

(3) The Management Board shall have five members, a president and four members, one of whom shall be an employee representative appointed or elected in accordance with labor regulations, and they shall be appointed by the minister responsible for science and education.

(4) The term of office of the members of the Management Board shall be four years.

(5) A member of the Management Board may be dismissed before the expiry of the four-year term of office in the event that:

  • Sam requests dismissal.,
  • fails to perform duties in accordance with the provisions of the CARNET Statute,
  • due to illness or other justifiable reason loses the ability to perform duties, and this is determined by authorized persons or institutions,
  • by their actions and conduct violates the duty they hold.

(6) The method of operation and decision-making of the Management Board shall be determined by the Statute.

Article 7.

(1) The head of CARNET is the director.

The Director shall be appointed and dismissed by the Minister responsible for science and education, in accordance with the law and the Statute of CARNET.

(3) The Director represents and acts on behalf of CARNET, organizes and manages its operations, undertakes all legal actions in the name and on behalf of CARNET, and represents it in all proceedings before courts, administrative and other bodies, and legal entities with public authority.

Article 8.

The director has a deputy and one or more assistants appointed by the director.

(2) The Deputy shall replace the Director within the Director's scope of authority, and the provisions of Article 7, Paragraph 3 of these Regulations shall apply to the Deputy accordingly.

Article 9.

Professional work at CARNET is performed within internal organizational units, which will be regulated by the CARNET Statute.

Article 10.

The Director of CARNET, in legal matters concerning the acquisition, encumbrance, or disposal of real estate or other assets, or when entering into other legal transactions, independently manages CARNET's assets up to the value of HRK 1,000,000.00.

(2) The director may only undertake legal transactions for the acquisition, encumbrance, or disposal of real estate or other property, or the conclusion of other transactions valued up to HRK 3,000,000.00, with the prior consent of the Management Board.

(3) For legal transactions concerning the acquisition, encumbrance, or alienation of real estate and other assets, or the conclusion of another transaction whose value exceeds HRK 3,000,000.00, the consent of the founder is required, in addition to the consent of the Management Board.

The director cannot, without specific authorization from the Management Board or the founder of the institution, or the body appointed by the founder, act as the other contracting party and conclude contracts with the institution in their own name and for their own account, in their own name but for the account of other persons, or in the name and for the account of other persons.

(5) The Director may grant a power of attorney to the Deputy Director and another person to represent CARNET in legal transactions, within the limits of their authority, and in accordance with the provisions of the law governing obligations.

Article 11.

(1) The User Council is an advisory body composed of representatives of member institutions that are contracting users with CARNET.

(2) The scope and jurisdiction of the User Council are determined by the CARNET Statute.

Article 12.

CARNET's funds consist of:

  • computer and communication equipment purchased with funds of the ministry responsible for science and education for the needs of the CARNET project and network until the adoption of this Decree,
  • Commercial premises, 80 m² in size, in Zagreb, Josipa Marohnića 5.

Article 13.

The funds for CARNET's activities are provided by the state budget of the Republic of Croatia and from its own revenue.

Article 14.

(1) CARNET is liable for its obligations with its entire assets.

The Republic of Croatia shall be jointly and severally liable for the obligations of CARNET.

Article 15.

(1) The Statute of CARNET shall be adopted by the Management Board with the approval of the ministry responsible for science and education.

(2) The Statute shall further regulate the structure, powers, operational methods, and decision-making of individual CARNET bodies, the mutual rights and obligations of the founder and CARNET, the method of profit utilization, and other matters significant for the performance of CARNET's activities.

(3) CARNET's statutes and other general acts must comply with this Regulation.

Article 16.

CARNET's activities are public.

(2) The director is responsible for the public relations of CARNET.

(3) The CARNET Administrative Board is obliged to submit a report on CARNET's work to the ministry responsible for science and education at least once a year.

Article 17.

Oversight of CARNET's legality is carried out by the ministry responsible for science and education.

 

TRANSITIONAL AND FINAL PROVISIONS

 

Article 18.

(1) CARNET, established by the Decree on the Establishment of the Croatian Academic and Research Network – CARNET (»Official Gazette,« No. 16/95), shall continue its work in accordance with the provisions of this Decree.

The Director and members of the CARNET Management Board and other bodies of the institution, who have been appointed in accordance with the Ordinance on the Establishment of the Croatian Academic and Research Network – CARNET (»Narodne novine«, No. 16/95), shall continue their work until the expiry of their appointed term.

(3) CARNET's Statute and other general acts shall be harmonized with the provisions of this Regulation within thirty days from the date of entry into force of this Regulation.

Article 19.

Upon the entry into force of this Regulation, the Regulation on the Establishment of the Croatian Academic and Research Network – CARNET (»Narodne novine«, number 16/95) shall cease to apply.

Article 20.

This Regulation shall enter into force on the eighth day after its publication in the »Official Gazette«.

Class: 022-03/15-03/14

Serial number: 50301-04/04-15-4

Zagreb, February 26, 2015.

President
Zoran Milanović, VR.

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