Key Benefits:
Act of 19 December 1985, arrangement of the Netherlands Organisation for Applied Science Review, TNO
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration that changed circumstances and insights make it desirable for the Law of 30 October 1930 to regulate the applied-nature scientific research ( Stb. 416) by replacing a new legal system;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purpose of this Act:
a. Our Minister: Our Minister for Economic Affairs;
Our Ministers of Ministers of the European Union: Our Ministers of Defence, of infrastructure and the environment, of education, culture and science, of social affairs and employment, and of public health, welfare and sport;
c. the Organisation: the Netherlands Organisation for Applied Nature Scientific Research TNO.
Our Secretary of State shall ensure the consistency and effectiveness of the Government's policy to be implemented by the Government. To that end, it shall, in agreement with our Ministers, take the necessary measures.
1 There is a Dutch Organisation for Applied-nature scientific research TNO.
2 It has legal personality and is established in Delft.
The aim of the Organisation shall be to contribute to ensuring that technical and natural scientific research and related research to be applied to the application of social science and other relevant research is effectively made available to the Agency. made up of the general interest and the individual interests which are to be distinguished.
The Organisation shall endeavour to achieve its objective by:
a. performing and doing it in Article 4 the definition of research in the fields of activity defined on its own initiative or after consultation with, in accordance with, or commissioned by the State, local authorities, undertakings, other social groups and natural persons;
b. make it accessible and transfer results from the in Article 4 the examination by means of information and advice as well as the guidance and support of third parties in the application of this research;
c. Cooperation with other research institutes in the field of Article 4 described research and
d. to contribute to the coordination of the Article 4 described research in the Netherlands and international cooperation in this field;
e. to carry out the work which is also assigned to it by law or general measure of management.
The Organization has a board of directors, a supervisory board and a council for the defense research.
1 The Management Board shall be composed of a Chairperson and a maximum of four other members. Membership of the Board of Governors shall be incompatible with the membership of the Supervisory Board.
2 We appoint and dismiss the chairman and three of the four other members of the board, upon nomination of our minister, done in accordance with the sentiment of the council of ministers. We appoint and dismiss the fourth other member of the board, upon the nomination of our Minister of Defence, done in accordance with our Minister and with the advice of the Council of Ministers. The Supervisory Board shall make a recommendation for the former, after having heard the Governing Board thereon. For the nomination of Our Minister of Defense, the Supervisory Board and the Defense Research Council are making a joint recommendation, after hearing the board of directors on that. The Business Council of the Agency shall be given an opportunity to deliver its opinion on these recommendations.
3 The members of the Management Board shall be dismissed for an indefinite period of time, unless, on their own request from the party concerned or for serious reasons, they shall be employed by the Agency. Dismissal shall in any event be granted from the date on which it is the pensionable age, as referred to in Article 4 (1). Article 7a, first paragraph, of the General old-age law -To reach.
4 As long as a vacancy on the board is not provided, the remaining members shall be the board of directors.
1 The Board of Governors shall be responsible for the administration of the Agency, except as provided for the Defence Council.
2 Any powers not conferred by or under the law to any other body of the Organization shall be delegated to the Management Board.
1 The Chairperson and another member of the Board of Directors shall represent the Organisation in and outside the law.
2 On matters relating to the main defence research group, this representation shall be made by the board member appointed on the nomination of Our Minister of Defence and by the Chairman of the Board of Defence. administration.
3 The Governing Board may provide that other persons in the Organisation shall exercise the powers of representation referred to in paragraph 1 in his name.
4 The Management Board shall provide the Supervisory Board and, in so far as it concerns matters relating to the main defence research group, to the Council for the defence of defence, in good time to the information deemed necessary by them.
1 The supervisory board shall be composed of a Chairperson and six other members.
2 We appoint and dismiss the Chairman and three other members of the Supervisory Board upon nomination of Our Minister, done in accordance with the poultry of the Council of Ministers and heard the Supervisory Board. For the purposes of nominating one of the other members referred to in the preceding sentence, the Works Council of the Organisation shall be invited to submit a recommendation of two persons, who are not employed by the Organisation.
3 We appoint and dismiss three other members of the Supervisory Board, upon nomination of Our Minister of Education, Culture and Science done after consulting our Minister, in agreement with the views of the Board of Ministers and heard the Board of surveillance.
1 The members of the Supervisory Board shall be appointed for a period of five years, except in the period of their interim application on their own request from the person concerned, or on grounds for serious reasons, and shall be one time for a period of five years. reappointment. They are to be dismissed with effect from the first day of the month, in which they reach the age of seventy.
2 As long as there is no vacancy in the supervisory board, the remaining members shall be the supervisory board.
The members of the Management Board shall attend the meetings of the Supervisory Board, unless otherwise decided by the Supervisory Board.
1 The supervisory board shall be responsible for monitoring the policy of the Management Board. He is standing by the board of directors. In carrying out its task, the Board focuses on the importance of the Organization, taking into account the Organization ' s objective, as formulated in Article 4 -to his directive.
2 The Supervisory Board shall adopt a regulation of its rules of operation.
1 The Supervisory Board has its own secretariat; its cost shall be borne by the Agency.
2 The Supervisory Board may grant its members a fee for their activities and a concession in respect of costs incurred by the Agency.
1 The management of the Organisation and the organisation of the Organisation shall be governed by the Management Board, subject to the rules laid down in this Act by the Management Board, subject to or pursuant to the provisions of this Act. supervisory board and, in so far as it concerns the head group for defence research of the defence research council. Approval may be withheld only in respect of a breach of law or general interest.
2 The rules of procedure provided for in paragraph 1 shall be forwarded to our Minister.
3 The Organisation shall have institutions established and lifted by the Management Board, subject to the approval of the Supervisory Board, with the exception of the institutes of the main defence research group.
4 There is a programme advisory council with advisory powers per institute. In the case of a general measure of management, rules shall be laid down on the powers of the Advisory Councils.
There is a main group for defense research. This is an organizational unit made up of institutes or other parts designated by the Defense Research Council.
1 The Defence Research Council shall consist of a Chairperson and a maximum of 12 other members appointed and dismissed by Us, upon the nomination of Our Minister of Defence. As Chairman, the member of the Board of Directors is referred to in the second sentence of Article 7, second paragraph . In the case of a general measure of administration, detailed rules on the composition of the Board for the defence research and session time of its members shall be given.
2 The Chairperson of the Board of Governors shall have access to the meetings of the Board for the Defence Research.
3 As long as in a vacancy on the Defence Research Council is not provided, the remaining members shall form the Board.
1 The Defence Research Council shall adopt a policy to be implemented in respect of the main group of defence research, taking into account the provisions of the Management Board.
2 In the case of a general measure of directors, further rules are given on the tasks and powers regarding the main defence research group, which excludes from the board of directors and supervisory board for the board of directors. Defence research has been commissioned.
3 The Defense Research Council shall provide our Minister of Defence with the requested information.
4 The Council for the Defence Research shall adopt rules governing its operation. The Defence Research Council shall have its own secretariat, the cost of which shall be borne by the Agency.
1 The Management Board shall submit to our Minister once every four years a strategic plan for the Agency, which has been approved by the Supervisory Board. The part of the strategic plan relating to the main defence research group shall be adopted by the Defence Research Council and shall be subject to the approval of our Minister of Defence. The Management Board shall transmit a copy of the strategic plan to our Ministers, who shall take part in the report.
2 The strategic plan sets out the objectives to be achieved in the medium and long term, and the broad outlines of the policy to be addressed. It defines the areas, directions, nature and level of quality of performance to be delivered by the Organisation, as well as the financial, human, material and organisational conditions to be fulfilled for this purpose.
3 The strategic plan takes into account the policies implemented by the government and the science budget, as referred to in Article 3 (2). Article 16a of the Law of the Netherlands Organisation for Scientific Research .
4 Our Minister brings his position on the Strategic Plan, determined in accordance with Our Ministers of Defence, of education, culture and science as well as of public health, welfare and sport and with the support of the Council of Ministers, within six months of receipt of the plan, to the knowledge of the Management Board. Our Minister, and from the strategic plan, will send copies to the States-General.
The Agency acquires its funds by accepting subsidies, accepting grants and contributions from third parties, through the charging of fees for research carried out on a contract, and by accepting subsidies from third parties. other activities, through the acceptance of donations, of hereditary propositions and legacies, and of others.
1 A grant is provided to the Agency on an annual basis. To this end, the Management Board shall submit to our Minister a reasoned application and budget for the following year by 1 April each year. The part of this application which concerns the lead group for defence research is determined by the Defence Research Council.
2 The budget shall provide an estimate of the Agency's income and expense and an estimate of revenue and expenditure. The budget includes an allocation of resources consistent with the strategic plan, which is intended to be Article 19 .
(3) The budget items shall be provided separately from an explanatory statement. It is apparent from the explanatory statement which budget items relate to the exercise of tasks entrusted to the Organisation or entrusted to the Organisation or by virtue of the Act or to other activities.
4 Unless the activities covered by the budget have not been carried out before, the budget shall include a comparison with the budget of the current year and the last financial statements referred to in Article 4. Article 25 . The application for subsidy is subject to the approval of the Supervisory Board, with the exception of the part which is the main group for defence research.
5 Our Minister, in keeping with Our Ministers of Defence, of education, culture and science as well as of public health, welfare and sport and with the poultry of the Council of Ministers, does the Executive Board in the Annual Decision to In the case of grants, a communication of the amounts available for the following calendar year to be charged to the state budget and the distribution thereof on the eligible budget chapters of the State budget. In doing so, our Minister shall specify the obligations on the allocation of these amounts.
6 In the case of general administrative measures, detailed rules on the grant of the subsidy may be laid down and the documents to be submitted to the application may be made. The Management Board shall send a copy of the application and the accompanying documents to our Ministers, who shall take part in the request.
7 In the case of a general measure of management, rules on the determination of the amounts referred to in paragraph 5 may be laid down.
If, during the year, the existence or threat of material differences between actual and budgeted income and expense or income and expenditure are likely to arise, the Management Board shall forthwith communicate to our Minister, of the cause of the differences.
Financial reserves can be formed by the Organization, according to our Minister in agreement with our Minister of Finance and, as far as the main defence research group is concerned, also in agreement with Our Minister of defense to set rules.
1 The Supervisory Board shall provide our Minister with information deemed necessary by him.
2 The provision of information as referred to in the preceding paragraph shall not be omitted as far as it is concerned to carry out or carry out investigations on which confidentiality has been agreed between the Agency and the contracting authority; and as far as information communicated by natural or legal persons to the Agency is confidential.
1 The Management Board shall send the annual report and annual accounts for the preceding calendar year to our Minister for each year before 1 July. The annual report describes the tasks and policies pursued and indicates the extent to which the objectives of the strategic plan, as set out in the Article 19 , have been realized. These documents need the approval of the Supervisory Board, and as regards the part relating to the head group for defence research of the Defence Research Council. The Management Board shall transmit a copy to our Ministers responsible for the cooperation of the Board.
2 Our Minister shall bring these documents to the attention of the States General.
1 The annual accounts, taking account of and accounting for the financial management and performance of the financial year expended, shall be furnished as far as possible with corresponding application of the financial management of the financial year. Title 9 of Book 2 of the Civil Code .
2 The annual accounts shall be accompanied by a statement of the fidelity issued by an auditor appointed by the Supervisory Board, as referred to in Article 2 (2). Article 393, 1st paragraph, of Book 2 of the Civil Code . In the appointment of the auditor, the Supervisory Board is responsible for ensuring that our Minister is given an insight into the audit work of the auditor.
3 The declaration referred to in paragraph 2 shall also cover the legitimate collection and use of the funds by the Agency.
4 The auditor shall also attach to the declaration referred to in paragraph 2 a report of its findings on whether the organisation and organisation of the activities of the Agency meet the requirements of efficiency.
5 Where expenditure is taken in contraa with the provisions of or under the law, or in the case of activities for which the grant is intended to Article 21, first paragraph , has been granted, has not been properly implemented or the subsidy has been used improperly, our Minister can determine that the amounts involved are deducted from the grant. It shall disclose to the Supervisory Board within one year of receipt of the financial statements.
6 In respect of the auditor referred to in paragraph 2, Article 24, second paragraph , mutatis mutandis.
In the case of ministerial arrangements, the Management Board may be required to lay down detailed rules for the establishment of the budget, the annual report and the annual accounts.
1 The Supervisory Board shall decide on the approval as referred to in the Articles 15, first paragraph , 34 and 35 , or a decision on the agreement as referred to in the Articles 19, 1st paragraph , 21, 4th Member , and 25, 1st Member , within three months of the day on which the documents requiring the approval or approval have been presented to him.
2 The Defence Research Council shall take a decision on the approval as referred to in Article 15, first paragraph , or a decision on the consent of the Article 25, first paragraph , within three months of the day on which the documents requiring the approval or approval have been presented to him.
3 The Supervisory Board, as the Defence Research Council, shall be deemed to have granted approval or consent if it does not make a decision to the Management Board within the three-month period prescribed in the preceding paragraphs. has been sent.
1 The decisions of the Supervisory Board, referred to in the Article 13, second paragraph , 14, second paragraph , 15, 1st Member , and 34 , as well as the decisions of the Defence Research Council, referred to in the Articles 15, first paragraph , and 18, fourth member , can be destroyed by royal decree.
2 The royal decree to destroy is in the State Sheet placed.
1 If, in the judgment of Our Minister, the Management Board seriously neglects his task, our Minister may take the necessary provisions.
2 The provisions shall not be taken earlier than after the Management Board has been given the opportunity to carry out his task properly within a time limit set by our Minister.
3 Our Secretary of State shall immediately inform the two Chambers of the States of the European Union of the provisions of the first paragraph which have been adopted by him.
The Organisation shall be managed as an administrative unit, as far as practicable, in accordance with the principles of business economics.
1 Our Minister shall decide, at the request of the most resciled party, in disputes between the Management Board and the Supervisory Board of the powers conferred upon them by or pursuant to the Act.
2 Our Minister, acting in accordance with Our Minister of Defense, decides on the request of the most reconsidered party in disputes between the Board of Governors and the Defence Research Council on the case or under the Law to these Boards of Defense. granted privileges.
Decisions taken by the Governing Board to establish and dissolve as well as to control and participate in other legal entities need to be approved by the Supervisory Board. Approval may be withheld only in respect of a breach of law or general interest.
The arrangements for the conditions of employment of the employees of the Organization, to be determined by the Governing Board, shall be subject to the approval of the Supervisory Board. Approval may be withheld only for breach of law or public interest
In the case of a general measure of administration, detailed rules may be laid down for matters governed by this Act, provided that the law does not provide otherwise.
The strategic plan referred to in Article 19 The Board of Governors shall, for the first time, submit to our Minister before 1 April 1987.
1 At the time of entry into force of this Act, all rights and obligations of the Netherlands Central Organisation for applied-nature scientific research, referred to in the Law of 30 October 1930 ( Stb. 416) on the Organisation, as provided for in this Act, without any further provisions being applied for it.
2 Legal proceedings and legal proceedings involving the Netherlands Central Organisation for Applied Scientific Research shall continue to be carried out in particular by the Organisation.
3 As regards the immovable property included in the preceding paragraphs, change in the name of the property in the cadastral trailer will take place. The Management Board shall make the necessary task to that end to the mortgage depositary concerned.
4 On the subject of procurement referred to in this Article, the Law on Taxation of Law ( Stb. 1970, 611) not applicable.
The Chairperson and other members of the Executive Board, as set out in the RIP-Decision 1980, shall be Chairman and members of the Governing Board at the time of the entry into force of this Act.
At the time of entry into force of this Act, all those employed by the Netherlands Central Organisation for Applied Natural Science Research, referred to in the Law of 30 October 1930, are supposed to be employed by the Dutch Central Organization. Organisation, as provided for in this Act, unless they are not to be desired within two months of that date.
The report referred to in Article 12 of the Law of 30 October 1930 ( Stb. 416), is last issued in respect of the calendar year preceding the date of entry into force of this Act.
The Law of 30 October 1930 on the Scheme of Applied Natural Science Research ( Stb. 416) is hereby repealed.
1 This law may be cited as: TNO-law.
2 She shall enter into force on a time to be determined by Us.
Burdens and orders that are in the State Sheet will be placed and that all ministries, authorities, colleges and civil servants, who so concern, will keep their hands on the precise execution.
Issued in Gravenhage, 19 December 1985
Beatrix
The Minister of Education and Science,
W. J. Deetman
Published the twenty-seventh February 1986The Minister of Justice,
F. Korthals Altes
