194/2016 Sb.
LAW
of 25 June 2002. may 2016,
amending Act No. 130/2002 Coll., on the promotion of research,
experimental development and innovation of public funds and amending
some related laws (Act on the promotion of research,
experimental development and innovation), as amended
Parliament has passed the following Act of the United States:
Article. (I)
Act 130/2002 Coll., on the promotion of research, experimental development and
innovation of public funds and amending certain related laws
(Act on the promotion of research, experimental development and innovation), as amended by
Act No. 41/2004 Coll., Act No. 215/2004 Coll., Act No. 342/2005 Coll.
Act No. 413/2005 Coll., Act No. 81/2006 Coll., Act No. 227/2006 Coll.
Act No. 171/2007 Coll., Act No. 296/2007 Coll., Act No. 124/2008 Coll.
Act No. 110/2009 Coll., Act No. 420/2011 Coll., Act No. 469/2011 Coll.
and Act No. 49/2013 Coll., is amended as follows:
1. in the introductory part of the provisions of paragraph 1, after the words "modifies" the words
"in the wake of the directly applicable European Union regulations ^ 36)".
Footnote No. 36:
"36) articles 107 to 109 of the Treaty on the functioning of the European Union.".
2. In article 2 (2). 1, letter a) including footnote No. 37:
"and support categories area of support) basic research ^ 37),
applied research and innovation,
37 point 84) article 2 of Commission Regulation (EU) No 651/2014. ".
3. In article 2 (2). 1 at the end of the text of the letter b), the words ";
^ 38) industrial research, experimental development ^ 39) (hereinafter referred to as "development")
or their combination are part of applied research ".
Footnote No. 38 and 39:
"38) article 2, point 85 Commission Regulation (EU) No 651/2014.
39) article 2, point 86 of Commission Regulation (EC) No 651/2014. ".
4. In article 2 (2). 1, point (c)) shall be deleted.
Subparagraph (d)) shall become point (c)).
5. In article 2 (2). 2 of the introductory part of the provisions, the word "is" is replaced by
"the means".
6. In article 2 (2). 2 letter d) including footnote # 40:
"(d)) large research infrastructure research infrastructure ^ 40)
is research the equipment necessary to complete research and development
activities with a high financial and technological intensity, that is
approved by the Government and established for use also other research
organisations,
40 point 91) article 2 of Commission Regulation (EU) No 651/2014. ".
7. In article 2 (2). 2, points (e) and (f))) shall be deleted.
Subparagraph (g)) and m) are known as the letters e) to).
8. In article 2 (2). 2 (a). e), the words "the letter k)" shall be replaced by
"the letter i)".
9. in section 2 (2). 2 the letter g) including footnote # 41:
"(g)) the project of research, development and innovation ^ 41) (hereinafter referred to as" the project ")
activities falling within one or more categories of aid that have
meet the indivisible task of a precise economic, scientific or technical
nature with clearly specified objectives formulated by the tenderer in the public
competition in research, development and innovation, or provider within the
Award of the contract,
41) section 1.3. paragraph 15 (b). CC) communication from the Commission-a framework for State
the promotion of research, development and innovation (2014/C 198/01). ".
10. In section 2 (2). 2 (a). I) at the end of the text of point 2, the words
"or in the development of proposals for new or substantially improved products,
processes or services, "and item 3 is deleted.
Point 4 shall be renumbered as paragraph 3.
11. In paragraph 2 (2). 2, the letter i) the following new subparagraph (j)), including
footnote # 42-44:
"j) contract research ^ 42) research carried out on behalf of the company by directly
of the applicable legislation of the European Union ^ 43), to whose implementation is used
research organisation ^ 44) or research infrastructure ^ 40), while
an enterprise has the results of the research activities shall be borne by the risk of failure and for the
the service received a research organisation or research
adequate remuneration, infrastructure
42) Section 2.2. paragraphs 25 and 26 of the communication from the Commission-a framework for State aid
research, development and innovation (2014/C 198/01).
43) Annex I to Commission Regulation (EC) No 651/2014.
44) article 2, point 83 of Commission Regulation (EC) No 651/2014.
Article 1.3 point 15 (b). EE) and article 2.1, paragraph 19 of the communication from the Commission-a framework
for State aid for research, development and innovation (2014/C 198/01). ".
Subparagraph (j)) and to) are known as the letters k) and (l)).
12. in section 2 (2). 2 letter to):
"eligible costs) such costs or expenses in research, development and
innovations that are allocated to a specific category of support and can
be spent on activities in research, development and innovation,
or in connection with them, and it
1. personal costs or expenses for researchers, technicians and
other supporting staff to the extent necessary for the purposes of the project,
including scholarships for research, development and innovation in accordance with the law on high
schools ^ 3),
2. costs or expenses for the acquisition of tangible property to the extent and after
the period over which the asset is used for the purposes of the project; If they are not
costs or expenses spent in the framework of the project throughout its
life, are considered as eligible only for the period of depreciation
the duration of the project, calculated on the basis of generally accepted accounting
policy,
3. costs or expenses for the acquisition of intangible assets, knowledge and
patents purchased or acquired under license from external sources for the
current market conditions used exclusively for purposes of the project,
4. the cost or expenditure on services, contract research or consultancy and
equivalent services used exclusively for the purposes of the project,
5. additional costs or expenses incurred in direct time and material
the context of the project, whose spending will contribute to
implementation of the project, while this definition means the share of the
common operational costs (overhead) as the organisation costs
which cannot be directly assigned to a particular project (so called indirect
costs); the share of these costs is then specified in the percentage specified
provider (called the flat rate) or at the actual overhead
costs set out by a single methodology for the application of the Organization
the full indirect costs in projects (the so-called "full-cost)".
13. in section 3, paragraph 1, including footnote No. 45 is added:
"(1) support may be granted only to the extent and under the conditions laid down
This Act, the provisions of the European Union ^ 7a) and in accordance with the framework for
State aid for research, development and innovation ^ 45), such as ad hoc or
institutional support.
45) communication from the Commission-a framework for State aid for research, development and innovation
of 27 June. June 2014 (2014/C 198/01). ".
14. in section 3, paragraph 3. 2 letter d) is added:
"(d)) the project of a large research infrastructure.".
15. in section 3, paragraph 3. 3 at the end of the text of subparagraph (a)) the following words "
which means the independent implementation of basic research ^ 37),
applied research, public dissemination of the results of these activities to the
a non-exclusive and non-discriminatory basis or transfer of knowledge ^ 46),
If all of the profit from the knowledge transfer again invests in
the primary activities of the research organisation ^ 44) ".
Footnote No 46 is added:
"46) section 1.3. paragraph 15. (a). in section 2.1.1). paragraph 19 (e). (b))
The Commission-a framework for State aid for research, development and innovation (2014/C
198/01). ".
16. in section 3, paragraph 3. 3 letter d) including footnote No 47 reads as follows:
"(d)) public security competition in research, development and innovation,
Award of the contract, including the costs of evaluation and control
the aid granted, assessment of the results achieved and on the publication of the
information about the aid granted ^ 47), and on the evaluation of the conditions for
the grant of aid to a specific University research, a large research
infrastructure or international cooperation the United States in research and
development, up to a total of 2.5% of the resources of the provider
research, development and innovation in a given calendar year, with the exception of costs
authorities paid under subparagraph (f)),
47) article 9 paragraph 2. 1 (b). (c)) and article 30, paragraph 1. 4 Commission Regulation (EU)
651/2014.
Article 31, paragraph 2. 4 Commission Regulation (EU) No 702/2014. Section 4.7. 119 points
and 120 communication from the Commission-a framework for State aid for research, development and
Innovation (2014/C 198/01). ".
17. in section 3, paragraph 3. 3 at the end of the text of the letter f), the words ", as well as
and material costs directly connected with the activity of the Ministry of education,
Youth and sports as the central body of State administration responsible
for research and development ".
18. in section 4, paragraph 4. 1 (b). (e)), after the word "major" is inserted after the word
"research".
19. in § 5 para. 2 letter c) including footnote No 48:
"(c)) the definition of the eligible costs, the maximum allowable aid intensity
and its justification, and other obligations provided for directly applicable
European Union regulations ^ 48),
48) articles 107 to 109 of the Treaty on the functioning of the European Union. For example, the
Commission Regulation (EU) No 651/2014, Commission Regulation (EC) No 70/2001. ".
20. in section 5, the dot at the end of paragraph 2 is replaced by a comma and the following
subparagraph (f)), which read as follows:
"(f)), information on the legal framework of public aid, which will be
public resources provided. ".
21. in § 5 para. 3 (b). (b)), the word "peace" is replaced by
"intensity".
22. in § 5 para. 5, § 7 (2). 1, § 33 para. 2 (a). and) and in section 35 para. 2
(a). j), the words ' European Community ' shall be replaced by ' the European
the Union ".
23. in § 5 para. 6, the words "programs as defined in this law" shall be replaced by
the words "all expenses under this Act".
24. In paragraph 5a is inserted after paragraph 4, a new paragraph 5 is added:
"(5) the Council for research, development and innovation shall submit a draft of the total amount
expenditure on research, development and innovation of the individual budget headings in the
the meaning of paragraph 1, including the proposal of the medium-term perspective for expenditure on
research, development and innovation the Government always by 31 January. may the normal
year. ".
The present paragraph 5 shall become paragraph 6.
25. In section 5a paragraph 2. 6 (a). (d)), the word "extent" is replaced by
"intensity".
26. Footnote 7a is inserted:
"7a) articles 107 to 109 of the Treaty on the functioning of the European Union. For example, the
Commission Regulation (EU) No 651/2014, Commission Regulation (EC) No 70/2001 of the
on 12 June 2006. January 2001 on the application of articles 87 and 88 of the EC Treaty to State
aid to small and medium-sized enterprises, as amended Commission Regulation (EU)
No 702/2014, Council Regulation (EC) No 723/2009 of 25 June. June 2009 on
the community legal framework for a European Research Consortium
(ERIC) infrastructure. ".
27. in paragraph 7, the dot at the end of paragraph 3 is replaced by a comma and the following
subparagraph (c)), and (d)), including the footnotes No 49 and 50 shall be added:
"(c) a natural or legal person) that is by directly applicable
Regulation of the European Union by an undertaking in difficulty ^ 49)
d) beneficiaries, against whom he was following the decision of the European Commission
the recovery order is issued by the directly applicable European legislation
Union ^ 50) until the change is out of the question for more provision
the aid.
49) article 2 (2). 18 Commission Regulation (EU) No 651/2014. Article 2 (2).
14 Commission Regulation (EU) No 702/2014.
50) article 1 (1). 4 (b). and) Commission Regulation (EC) No 651/2014. Article
1 (1). 5 Commission Regulation (EU) No 702/2014. ".
28. in section 7 (2). 5 and § 33 para. 2 (a). (b)), after the word "large" is inserted
the word "research".
29. in § 8 paragraph 1 including the footnotes # 7 c and 55 read as follows:
"(1) a beneficiary who is an accounting unit, leads under the accounts referred to in
a special law ^ 7 c) for each project, for granted
institutional support and for other activities in research, development and
innovation supported from public funds pursuant to § 3 (2). 2 and 3
separate records of the expenses incurred or costs and within the
This record keeps track of expenses or costs covered by the aid. The recipient,
that is not the entity, leads this separate registration in the context of the
tax records on the basis of the law governing income tax ^ 55).
Manner of keeping the register shall be based on the law governing tax
the income provider.
7 c) Act 563/1991 Coll., on accounting, as amended.
55) Act 586/1992 Coll., on income tax ".
30. In article 8, paragraph 3 is deleted.
Paragraphs 4 and 5 shall become paragraphs 3 and 4.
31. in § 9 para. 1 introductory provisions read as follows:
"(1) the provider shall conclude with the recipient of the support to the project in accordance with §
3 (2). 2 the treaty granting the aid, which must be in written form.
The contract is concluded for the period of the project and the following periods
needed for the evaluation of the results of the project, including the settlement of
the aid granted according to the budgetary rules ^ 8), but not for a period of
more than 180 days from the date of completion of the project. The contract may be
extended. The contract must contain at least ".
32. In § 9 para. 1 (b). (g)), after the word "support", the words
"laid down by the various categories of aid specified in § 3 (1).
2. "
33. In § 9 para. 3, § 14 para. 3 and § 17 para. 1, the word "business"
replaced by the word "civil".
34. In § 9 para. 5 the first sentence, the words "the grant or program"
be deleted and the word "project" shall be inserted after the words "in accordance with § 3 (1). 2. "
35. In § 9 para. 8, the word "personality" is replaced by "personalities".
36. In section 10, paragraph 1. 3, the words ' in a given calendar year in a lump sum, in
other cases ' shall be deleted.
37. section 11, including the title.
38. In § 14 para. 3 and 4, the words "or agreements concerning the exploitation of results"
shall be deleted.
39. In paragraph 16, at the end of the text of paragraph 1, the words "teaching or
public dissemination of research results on a non-exclusive and non-discriminatory
the basis ".
40. In § 16 para. 2 the first sentence, the words "the right of ownership transfer on
provider "shall be replaced by" give the provider an unlimited
free access to this result and non-discriminatory access to third
parties under market conditions "and the second sentence shall be deleted.
41. In article 16, paragraph 4 reads:
"(4) for the use of the results, with the exception of paragraphs 1 and 2, the
a) if the beneficiary is a research organisation or operator research
infrastructure and has exclusive rights to the result fully financed by
public funds, is the use of results, in particular by teaching
public dissemination of research results on a non-exclusive and non-discriminatory
basis or shuttle service knowledge ^ 46),
(b)) if the beneficiary is the special project support company together with a research
organizations, or by the operator of research infrastructures,
1. the results of this cooperation, which cannot be protected by the laws of
governing the protection of the results of the author, inventive step, or similar creative
activities can be freely distributed and rights to the results derived from the
activity of the research organisations or research infrastructure fully belongs to the
These recipients, or
2. any rights to the results of the project, as well as the related access
the rights belong to all non-entities to the extent appropriate
the extent of their participation in the project, or
3. a research organisation or operator of research infrastructures will receive
from the cooperating company compensation corresponding to the market prices for the rights
the results of the project, which was created as a result of their activities and are
referred to working with the company, or the company has gained
the access rights. ".
42. In § 17 paragraph 2 reads as follows:
"(2) a public competition in research, development and innovation, its content and
terms and conditions, where applicable, the cancellation must declare in the commercial provider
Journal and through the information system of research, development and
innovation and at the same time it can publish in any other way. Terms and conditions
public competition in research, development and innovation, not the provider
change. The conditions of public competition in research, development and innovation must
include in particular the
and the name of the program or group) grant-funded projects,
(b) the name and address of the provider),
(c)) the method and criteria for evaluation of project proposals,
(d) the competition period and evaluation) of the time limit under this Act,
(e)) instead, the manner and term of the announcement of the results of the public competition, the requirements of
to establish eligibility of tenderers, the place of publication and date of takeover
tender documents, place, method and deadline for the submission of proposals
projects. ".
43. In paragraph 18, the dot at the end of paragraph 2 is replaced by a comma and the following
letter h) and (i)), which read as follows:
"(h)) is a legal entity or a natural person who is not directly
of the applicable legislation of the European Union by an undertaking in difficulty ^ 49)
I) against which was not in response to the European Commission decision is issued
the recovery order by the directly applicable European Union legislation ^ 50). ".
44. In section 18 para. 4 (b). (b)), the words ' c), (d)), f) "is replaced by" (c))
to (f)) ".
45. In section 18 para. 4 (b). (b)), after the words "eligibility referred to in paragraph 2
(b) "the words" e) and "and the words" of competence referred to in
paragraph 2 (b), the words "e") and ".
46. In section 18 para. 4 (b). (b)), after the words "paragraph 2 (a). (c)), d), (f)) "
the words ", h) and (i))".
47. In section 18 para. 4 (c)) shall be deleted.
48. In section 18 paragraph 5, including the footnote # 31, 56, 57, 58 and 59
added:
"(5) for the purpose of verification of the activities of the applicant, item that is to be
under section 9 of the contract for the grant of aid or in whose favour
to be given the decision to grant aid, the provider will require
under another law ^ 31) one of the following statements:
and) from the public register of legal and physical persons ^ 56),
(b)) from the registry of persons ^ 57),
(c)) from the trade register ^ 58), or
(d)) from the list of research organisations under this Act,
where appropriate, it shall request the tenderer's certified copy, not older than 90
calendar days, the provisioning of the Charter, Charter or other
the document of the establishment or the establishment, if the candidate is not in any
This information system of public administration.
In order to authenticate permission to the activities of the applicant in accordance with paragraph 2 (a).
(b)), the provider's further from the applicant requests a certified copy of it, not older
than 90 calendar days, authorized, if such activity
intends to perform in the framework of the project. Documents referred to in this paragraph
they do not produce the person set up under a special law ^ 59), another in General
a binding regulation, or publication of the decision.
31) Act 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws.
56) Act 304/2013 Coll. on public registers of legal entities and
natural persons.
57) Act 111/2009 Coll., on basic registers.
58) Act 455/1991 Coll., on trades (trade licensing
the law).
59) for example, the Act 111/1998 Coll., on universities, as amended by
amended, or act 341/2005 Coll., on public research
institutions. ".
49. In section 18 paragraph 5 the following paragraph 6 is added:
"(6) an application for the release of the statement from the public register of legal entities and
individuals and the extract from the trade register, and these statements are
may transmit in electronic form, in a manner allowing remote
access. ".
Paragraphs 6 to 11 shall become paragraph 7 to 12.
50. in section 18 para. 7, after the word "applicant", the words ", with which
want to provide support in accordance with § 9 of the contract for
grant of the aid, or in whose favour a decision has to be about
grant of the aid, "and after the words" in persons "shall be replaced
"acting on behalf of applicant and that".
51. In section 18 para. 8 is the numeral "6" is replaced by "7" and then in the
paragraph. 12 the numeral "8" is replaced by "9".
52. In paragraph 19, at the end of paragraph 1, the period is replaced by a comma and the following
the letters i) and (j)) are added:
"i) model contracts for the provision of aid,
j) method of evaluation and selection of projects. ".
53. In section 20 (2). 2 the second sentence of the dot replaced with a comma and the following
the words "which is also the date of termination of public competition in research,
development and innovation. ".
54. In paragraph 21 of the paragraph. 3 with the numeral "9" is replaced by "8 and paragraph 10".
55. In section 21 para. 4, the second sentence is replaced by the phrases "members list
expert advisory body shall be published simultaneously with the announcement of provider
results of the public competition in research, development and innovation. Way
the management of the information contained in the project proposals and additional rules of its
modifies the provider activities internal regulation, which shall publish the
at the same time with the announcement of when the announcement of public competition in research, development
and innovation. ".
56. In § 21 para. 6, the word "ensure" is replaced by "does" and further
After the words "in accordance with paragraph 5, the word" custom ".
57. In paragraph 21 of the paragraph. 7 the second sentence after the word "decision" shall be replaced
"and its rationale" and the words "over the Internet"
replaced by the words "on its Web site".
58. In paragraph 21, after paragraph 8, the following paragraph 9 is added:
"(9) in the event of the detection of deficiencies in demonstrating competence pursuant to §
18 the provider in writing invite applicants to remove them within the time limit
five calendar days. ".
Paragraphs 9 and 10 shall be renumbered as paragraphs 10 and 11.
59. In paragraph 22 of the paragraph. 5 is the numeral "10" is replaced by "11".
60. In § 31 para. 4 at the end of subparagraph (b)), the dot is replaced by ',
or ' and the following subparagraph (c)), which read as follows:
"(c)) of the date of approval of the programme by the Government, or from the date of assessment
The European Commission, if the program is subject to such discretionary obligations. ".
61. In § 33 para. 2 at the end of paragraph (d) is replaced by a comma and dot)
the following point (e)), which read as follows:
"e) maintenance of a list of research organisations in accordance with § 33a.".
62. in paragraph 33, the following new section 33a, which including the title and notes
line No 31, 44, 60 and 61:
"§ 33a
List of research organisations
(1) the list of research organisations (hereinafter referred to as "the list") is the information
the system of public administration ^ 31), operated by the Ministry of education,
Youth and sports.
(2) the list shall be registered by organizations that have applied for registration in the
list and populate data-definition characters organisation for research and
dissemination of knowledge under the regulations of the European Union), including a demonstration of the ^ 44
the written data.
(3) the list shall contain the following particulars of the research organization:
and company or business) name and address of the research organisation
(b)) the legal form of the research organisation
(c) the identification number of the person) if it has been allocated, the
(d)) applying for the registration date to the list,
(e) the date of entry in the list),
(f) the date of the last update of the data) in the list,
(g)) the data to populate the data-definition characters referred to in paragraph 2,
h) other facts to registered research organization, in particular, the
the scope of activities that defines the research capacity.
(4) an application for registration of the research organisation to the list, the request for registration of changes
in the written data or a request for cancellation of the research organisation from the list
given the statutory authority of the applicant.
(5) the request for registration shall be accompanied by documentary evidence proving the
the fact that the list should be written, and documents that are
based on the collection of documents, which is included in the list.
(6) the data entered in the list, with the exception of social security numbers, and a collection of documents
published by the Ministry of education, youth and sports in the electronic
the form in a way allowing remote access.
(7) the procedure for the registration of the research organisation to the list, as well as in
the procedure for registration of changes or deletion has not yet written the facts,
follow the code of administrative procedure.
(8) the Ministry of education, youth and sports of the rules on the application of
write a research organization to the list, as well as on the request for the registration of changes
or deletion still hold true. The conditions are not fulfilled for the
write, shall reject the application. The Ministry of education, youth and sports
the Commission may initiate the procedure for registration changes or deletion, even on its own initiative.
(9) the Organizations on the list have a duty of any changes to the information
registered in the list, changes to the information relevant for the implementation of registration and
changes to the established documents (including their possible cancellation) report
The Ministry of education, youth and sports, and within seven days from the
the date on which the organisation of such a change.
(10) the criteria that the conditions for the registration of the research organisation to the list of
and the method of assessment, the terms for alteration of the registration and deletion of
write the contents of a collection of documents and method for reporting the income from the transfer of
knowledge ^ 61) research organizations registered in the list, for
the purpose of this law, shall adopt detailed legislation.
31) Act 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended.
44) article 2, point 83 of Commission Regulation (EC) No 651/2014.
60) Act 500/2004 Coll., the administrative code, as amended.
61) section 1.3. paragraph 15 (b). in) communication from the Commission-a framework for State aid
research, development and innovation (2014/C/198/01). ".
63. In § 36 odst. 7, after the words "their duties", the words "and
travel expenses, which shall be granted in the amount and under the conditions laid down
the labour code ".
64. In § 36a para. 6, the words "Trade Commission" shall be replaced by
"expert advisory bodies".
65. In § 36a para. 7, the words "Trade Commission" shall be replaced by
"expert advisory bodies".
66. In § 36a para. 8, after the words "their duties", the words
"and travel expenses, which shall be granted in the amount and under the conditions
laid down in the labour code ".
Article II
The effectiveness of the
This law shall enter into force on the fifteenth day following the date of its publication,
exception of the provisions of article 61 and 62 points as well, which will become effective
on 1 January 2004. July 2017.
Hamáček in r.
Zeman in r.
Sobotka in r.
