CARNET status

Article 1.

This Statute regulates the legal status of the Croatian Academic and Research Network – CARNET (hereinafter: CARNET), the name, seat, and activities of CARNET, the organization and operation of CARNET, the property and financing of activities, the bodies of CARNET, the general acts of CARNET, the publicity of CARNET's work, data confidentiality, and other important issues for the performance of CARNET's activities and operations.

Article 2.

CARNET was founded by the Act on the Establishment of the Croatian Academic and Research Network – CARNET (NN 16/95) as an institution for information and informatics infrastructure activities in education and science.

The Government of the Republic of Croatia adopted the Decree on the Croatian Academic and Research Network - CARNET (NN 23/15).

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 (hereinafter: the Ministry).

Article 3.

The CARNET has the status of a legal person and is entered in the court register.

CARNET was entered into the court register at the Commercial Court in Zagreb on October 12, 1995, under registration number MBS 0800086327.

Article 4.

CARNET is independent in performing its activities and in conducting its business in accordance with the law, the Regulation, this Statute, and other general acts of CARNET.

For legal transactions concerning the acquisition, encumbrance, or disposal 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.

CARNET is liable for its obligations with its entire assets.

The Republic of Croatia solidarily and with unlimited liability is responsible for the obligations of CARNET.

Article 5.

CARNET operates under the name: Croatian Academic and Research Network – CARNET.

Along with the full name of the institution in Croatian, CARNET may also use the English translation of that name. The English translation of the name is: Croatian Academic and Research Network – CARNET.

The institution's acronym is CARNET.

The full and abbreviated name are protected in the same way that a company's legal name is protected under the provisions of the law.

Article 6.

The institution's headquarters are located in Zagreb, at the address Josipa Marohnića 5.

The founder decides on the change of CARNET's name and headquarters, while the CARNET Administrative Board decides on the business address.

A change of the name or registered office of CARNET is entered in the court register.

Article 7.

For everyday business, CARNET has stamps with diameters of 25 mm and 38 mm, which contain the full name of CARNET and its headquarters.

Each seal has a serial number.

A dry stamp is used for particularly important documents related to CARNET's business and operations.

The number of seals, stamps, and the manner of their use and storage shall be decided by the Director of CARNET.

Article 8.

CARNET has a trademark.

The Director of CARNET decides on the application of the content and form of the trademark, as well as the manner of its use.

Article 9.

The activities of CARNET are:

• 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.,
• 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.

 

Other activities of CARNET are:

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

 

The activities of CARNET referred to in paragraph 1 of this Article are of special interest to the Republic of Croatia.

CARNET's activities are not aimed at profit-making. If CARNET generates a profit from its activities, that profit is used exclusively for the performance and development of its activities.

Article 10.

CARNET users are legal entities engaged in education, upbringing, and science activities. Exceptionally, other legal entities may also be CARNET users, provided it aligns with CARNET's activities.

The Ministry decides on the acquisition of CARNET user status and rights arising from CARNET's activities. The Ministry decides on membership for each legal entity in accordance with the Decision on the acquisition of CARNET user status and rights arising from CARNET's activities.

By acquiring membership, a legal entity becomes a CARNET user and is obliged to comply with all provisions of the documents related to the rights and obligations of CARNET users, issued by the Ministry and CARNET, for which the member, after the decision on membership is made, will sign an agreement with CARNET.

Article 11.

Within the scope of CARNET's activities related to the duties of the national body for the prevention and protection against computer security threats of public information systems in the Republic of Croatia, CARNET is authorized to perform tasks established by regulations governing information security in the Republic of Croatia.

Article 12.

CARNET is authorized to manage the top-level national internet domain of the Republic of Croatia („.hr domain“) based on the legal authority derived from regulations governing electronic communications and the authority to manage the national domain space, which was granted to CARNET by the competent international organization.

Article 13.

The internal structure of CARNET is regulated by this Statute in accordance with the Act on Institutions (NN 76/93, 29/97, 47/99, 35/08) and the Decree.

CARNET's work and business operations are organized into appropriate internal organizational units, which are the Director's Office and departments. Departments are established to consolidate groups of identical or similar jobs within CARNET's activities, for the purpose of more rational and efficient business operations of CARNET.

The internal organization of CARNET is regulated in more detail by the Regulation on the Internal Organization and Operation of CARNET, which determines the number of departments and their names, the principles of CARNET's operation, job titles, the number of employees, job descriptions and tasks of employees, and other issues related to the internal organization of the institution, all in accordance with the positive regulations governing this area.

Article 14.

The bodies of CARNET are: the Administrative Council, the Director, and the User Council.

Management Board

Article 15.

The Administrative Council manages CARNET.

The Administrative Board consists of five members: a president and four members, one of whom is an employee representative appointed or elected in accordance with labor regulations, and they are appointed by the minister responsible for science and education.

The term of office for members of the Board of Directors is four years.

A member of the Management Board may be dismissed before the expiration 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.

 

The Governing Board member who is a representative of the workers shall be recalled by the body that appointed him in accordance with the regulations governing labor relations.

Article 16.

The sessions of the Management Board are prepared, convened, and chaired by the president of the board. In the event of the president's inability to attend, a member of the Management Board authorized by the president may convene and chair the session. The director of CARNET may attend the sessions of the Management Board and participate in the work without the right to vote.

In exceptional cases, the Chairman of the Management Board may decide that a decision on an important and urgent matter be made in writing via email.

The administrative board validly discusses and makes valid decisions when at least three members are present at the session.

The Management Board makes decisions by a majority vote of its members.

The Management Board adopts its Rules of Procedure. The Rules of Procedure of the Management Board prescribe in more detail the manner of operation of the Management Board.

Article 17.

Governing Board:

• shall be adopted by the Statute, upon the proposal of the Director of CARNET, as well as its amendments and additions with the consent of the Ministry,
• brings the Ordinances on internal organization and operation, the Rules of procedure, the Ordinances on the method of use of dedicated and own revenues, upon the proposal of the CARNET director,
• and adopts other acts and regulations upon the proposal of the CARNET Director,
• draws up CARNET's work and development programs and supervises their implementation, after prior consultation with the Director of CARNET,
• decides on the financial plan and annual financial statement, after prior consultation with the Director of CARNET,
• gives consent to the Director of Legal Affairs for the acquisition, encumbrance, or disposal of real estate or other property, or for the conclusion of other legal transactions in the amount of HRK 1,000,000.00 to HRK 3,000,000.00,
• proposes a change of business activity to the founder,
• provides proposals and opinions to the founder and director of CARNET on specific issues,
• makes decisions and performs other duties specified by law, the Regulation, and the Statute.

Director

Article 18.

The head of CARNET is the director.

The Director represents and acts on behalf of CARNET in accordance with the law.

The Director is appointed and dismissed by the minister responsible for science and education, in accordance with the law, the founding act, and the CARNET Statute, for a term of four years, based on a public tender.

The same person can be appointed director multiple times.

The Director may be dismissed before the end of their term in accordance with the provisions of the Institutions Act.

Article 19.

The Director has the following special rights and obligations:

• organizes and manages CARNET's business,
• undertakes all legal actions in the name and on behalf of CARNET,
• represents CARNET in all proceedings before courts, administrative and other bodies, and legal persons with public authority,
• proposes to the Management Board the adoption of the Statute, as well as amendments and additions to the Statute,
• proposes to the Administrative Board the adoption of the Regulation on Internal Structure and Operation, the Regulation on Work, and the Regulation on the Use of Dedicated and Own Revenues,
• proposes CARNET's work and development programs, as well as the financial plan and annual report, to the Management Board,
• in legal transactions concerning the acquisition, encumbrance, or alienation of real estate or other property, or in concluding other legal transactions, disposes of CARNET's property independently up to the value of HRK 1,000,000.00,
• legal transactions for the acquisition, encumbrance, or disposal of real estate or other property, or in the conclusion of other legal transactions valued between HRK 1,000,000.00 and HRK 3,000,000.00, may be undertaken with the prior consent of the Management Board.,
• decides on the acquisition, encumbrance, or disposal of real estate or other assets, or on the conclusion of another legal transaction whose value exceeds HRK 3,000,000.00 with the consent of the founder,
• adopts acts and regulations, except for acts whose adoption is within the competence of the Management Board, in accordance with Article 16 of this Statute,
• decides on amendments to the financial plan during the current financial year up to the amount specified in paragraph 7 of this article,
• For the purpose of resolving certain issues within their jurisdiction, they can appoint commissions whose number, composition, scope, working method, and mandate are determined by the appointment decision,
• gives written power of attorney to other persons to represent CARNET in legal transactions,
• executes the decisions of the Management Board,
• proposes to the Management Board measures for improving CARNET's operations,
• participates in the work of the Management Board without voting rights,
• participates in the work of the Users' Council with voting rights,
• decides on entering into employment, assigning an employee to another position, and terminating the employment of CARNET employees
• in accordance with the regulations governing employment relations,
• names of the deputy and assistant directors,
• issues orders and makes decisions regarding the use of financial resources and decides on the distribution of revenue from Articles 25 and 26 during the current fiscal year,
• and performs other tasks in accordance with the law, the act of incorporation, the Statute, and the general acts of CARNET.

 

Article 20.

The director is accountable for his work to the minister responsible for science and education.

The Director, without special authorization from the Management Board or the founder, or the body designated by the founder, cannot act as the other contracting party and conclude agreements with CARNET in their own name and for their own account, in their own name but for the account of others, or in the name and for the account of others.

The Director may grant a power of attorney to the Assistant 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 21.

The Director has a Deputy Director and one or more assistants appointed by the Director. The Deputy Director and the Director's assistants are appointed for terms that cannot exceed the Director's term.

The deputy director replaces the director within the director's powers and the provisions of this Statute concerning the duties performed by the director apply accordingly.

User Council

Article 22.

The User Council is an advisory body composed of representatives from member institutions of contractual users with CARNET.

Nominated representatives of full member institutions have the right to vote in the User Council's decision-making.

The director also participates in the work of the Users' Council and has the right to vote.

The User Council's session is coordinated by a presidency composed of a president and four members, of whom at least one is from academia and at least one is from the education system.

The Presidium of the Users' Council is elected by the users among themselves.

The User Council shall adopt Rules of Procedure concerning its work.

Article 23.

The User Council meets as needed, at least once every two years, and is convened by the president. The director may convene a meeting of the User Council based on a written request from at least ten voting members of the User Council or three members of the presidency.

Article 24.

The User Council proposes measures to improve infrastructure and services, research topics, education, promotional topics, pilot studies, and the like.

Technical conditions for organizing the User Council meeting are provided by CARNET.

The costs of attending Users' Council meetings are borne by the users themselves or their respective member institutions.

Article 25.

CARNET's assets consist of:

• Computer and communication equipment procured with funds from the Ministry for the needs of the CARNET project and network until the adoption of the Regulation on the Croatian Academic and Research Network – CARNET (NN 23/15),
• Business premises, 80 m² in size, in Zagreb, Josipa Marohnića 5,
• assets, rights, and funds acquired through the work and operation of CARNET after the entry into force of the Regulation (NN 23/15), as well as those acquired from other sources.

 

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

CARNET's resources are managed by the Management Board and the Director in accordance with the law, the Decree, and the Statute.

Article 26.

In addition to the manner prescribed by Article 25 of this Statute, CARNET may also generate income through its activities:

• from providing consulting services whose content arises from CARNET's activities,
• from the publication of magazines and periodicals,
• from carrying out and organizing educational activities,
• from the design and construction of infrastructure and services in the field of information and telecommunication technologies,
• from gifts, donations, and similar forms of aid from foundations, funds, and from legal and natural persons,
• from participation fees in international projects in the field of information and communication technology and in the field of education,
• from other legally permitted sources.

 

Funds from this article are used in accordance with the annual work plan, to cover expenses incurred in performing CARNET's activities, for current and capital expenditures, for employee salaries and rewarding work results, and for the improvement and development of CARNET's activities.

Article 27.

The activity of CARNET is public.

CARNET's public relations are handled by the Director, in accordance with regulations governing the area and manner of public transparency for institutions.

The Management Board shall submit a report on CARNET's work to the ministry responsible for science and education at least once a year.

Article 28.

The fundamental general act of CARNET is the statute adopted by the Management Board at the proposal of the Director, with the approval of the Ministry.

CARNET also has other general acts that regulate in detail issues from the scope of CARNET's work and business, as well as various status and other issues generally related to CARNET's work.

The Management Board adopts the Rulebook on the Internal Organization and Operation of CARNet, the Rulebook on Work, and the Rulebook on the Manner of Using Dedicated and Own Revenues.

General acts and regulations governing other matters are adopted by the Director of CARNET.

Article 29.

The protection of data confidentiality within CARNET is further regulated by a special ordinance in accordance with the regulations governing the area of data confidentiality.

Article 30.

The Director and members of the CARNET Administrative Council and other bodies of the institution, who were appointed in accordance with the Decree on the Establishment of the Croatian Academic and Research Network – CARNET (NN 16/95), shall continue their work until the expiry of their term of office.

Article 31.

CARNET shall bring its other general acts into compliance with the provisions of this Statute within thirty days of the date the Decree comes into force.

This Statute enters into force on the day of its publication on CARNET's internal website.

Upon the entry into force of this Statute, the previously adopted Statute of February 26, 1996, and all its amendments and additions shall cease to be valid.

 

Zagreb, July 17, 2015

Sanja Polić

President of the CARNET Management Board