130/2002 Sb.
LAW
of 14 June. March 2002
on the promotion of research, experimental development and innovation of public
resources and amending certain related laws
(Act on the promotion of research, experimental development and innovation)
Change: 41/2004 Coll., 215/2004 Coll.
Change: 342/2005 Sb.
Change: 413/2005 Sb.
Change: 227/2006 Sb.
Change: 81/2006 Sb.
Change: 171/2007 Sb.
Change: 296/2007 Sb.
Change: 124/2008 Sb.
Change: 110/2009 Sb.
Change: 420/2011 Sb.
Change: 469/2011 Sb.
Change: 49/2013 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
SUPPORT RESEARCH, EXPERIMENTAL DEVELOPMENT AND INNOVATION OF PUBLIC
RESOURCES
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
This Act regulates the promotion of research, experimental development and innovation
from public funds (hereinafter referred to as "the aid") and
and) the rights and obligations of legal entities and natural persons, tasks
organizational components of the State and the tasks of the organizational units of the Ministry of
of Defense and the Ministry of the Interior (hereinafter referred to as "business unit
the Ministry "), dealing with research, experimental development and
innovation supported from public funds, and on the conditions of the aid
and a public competition in research, experimental development and innovation,
(b)) the provision of information about research, experimental development and innovation
through the information system research, experimental development and
innovation,
(c) the tasks of the authorities, research) experimental development and innovation.
§ 2
Definition of terms
(1) for the purposes of this Act, means the
and basic research), theoretical or experimental work carried out by the
in particular, in order to acquire new knowledge of the fundamental principles of phenomena
or observable facts, not primarily directed to
of application or use, in practice,
(b)) applied research theoretical and experimental work focused on
acquisition of new knowledge and skills for the development of new or substantially
improved products, processes or services,
(c) experimental development) the acquiring, combining, shaping and using
the existing scientific, technological, business and other relevant
knowledge and skills for the design of new or substantially improved
products, processes or services (hereinafter referred to as "development"),
(d)) the introduction of new or substantially upgrades improved products,
processes or services, that are:
1. innovation processes, which means the implementation of a new or substantially
an improved method of production or the provision of services, including significant
changes in techniques, equipment or software,
2. organisational innovation, which means the implementation of a new way of
Organization of business practices of enterprises, institutions or external relations.
(2) For the purposes of granting the aid is
and the state provider) or territorial self-governing
whole, which decides on the granting of aid and support
provides,
(b) the applicant State), or organizational unit
the State Department, dealing with research and development, and on the legal person
or a natural person who is applying for the grant of aid,
(c)), in which the candidate receiving the benefit of aid
the provider decided
(d) the research organisation) a legal person, the State or
the organizational unit of the Ministry, dealing with the research and development
1. the main purpose of which is to carry out basic research, applied research
or the development of, and disseminate the results through teaching, publishing
or the transfer of technology; If it is a territorial self-governing unit, provisions
the main purpose of the research organisation applies to his business
folder,
2. to gain reverse invests in the activities referred to in point 1,
3. whose research capacities or results referred to in (a) do not have to)
priority access entities conducting economic activity consisting
in the offer of goods or services, which could exert influence on her,
e) infrastructure equipment or support the activities of research, development and
innovation that is supported from the public funds and which can
include
1. Services for the research, development and innovation,
2. Special research facilities, including the acquisition, related
investment and ensuring their activities, which are necessary for the part
research and development activities and which are established research
organisations for use only by themselves,
3. data acquisition and retention systems,
4. the activities of the legal persons providing the Administration and financing of the
research, development and innovation,
5. verification of the results of research and development, safeguarding the rights to them and their
the expansion,
(f)) large infrastructure for research, development and innovation, unique
research facilities, including the acquisition, investment-related and
ensure its activities, which is necessary for a comprehensive research and
development activities with high financial and technology demands and
which is approved by the Government and implemented once the research organisation for the
use also other research organizations (hereinafter "the United
infrastructure "),
g) a public service contract in the research, development and innovation the service contract in
applied research, development or innovation for the needs of the provider
or administrative authority that is not a provider, if these
the only user of the result by the letter k), which is awarded to the recipient
in the framework of the program of applied research, development and innovation in accordance with the procedure
the law on public procurement ^ 2) and implemented on the basis of the Treaty on
the granting of the aid referred to in this Act, where appropriate, on the basis of the decision of the
the granting of aid (article 9, paragraph 5, and 6), if the recipient organization
component of a State or organizational unit of the Ministry, dealing with the
research and development (hereinafter referred to as "the contract"),
h) programme of research, development and innovation, in kind and in time file
financial terms for the activities required to achieve the objectives of the
1. applied research, development and innovation, the renowned service provider
in a public competition in research, development and innovation, or in the award of public
the contract for each of the projects [letter i)] in the framework of the programme,
2. The Czech Republic international cooperation in research and development
implemented on the basis of international agreements, which is the Czech Republic
bound, including cooperation realized on the basis of legal acts issued by the
for the implementation of these contracts, or
3. operational programmes in research, development and innovation (hereinafter referred to as
the "program"),
I) project of research, development and innovation, in kind and in time file
financial terms for the activities required to achieve the objectives in research,
development and innovation in the public competition, formulated by the applicant in the research,
development and innovation, or provider within the award of a public contract
(hereinafter referred to as "the project"),
(j) the other party to the project) organizational component of a State or organizational
the unit of the Ministry, dealing with the research and development on legal
person or the natural person whose participation in the project is defined in the proposal
the project, and with which the recipient has entered into a contract on participation in the project,
the result of research and development) and innovation are
1. in the basic research of new knowledge of the fundamental principles of phenomena,
processes or observable facts that are published by
practice in the scientific field,
2. in applied research, new knowledge and skills for the development of products,
processes or services, knowledge and skills applied as results,
that are protected by the laws governing the protection of the results of the
the author, inventive step, or similar activities ^ 17) or used by professional
the public or other users, or the knowledge and skills to meet the needs
the provider used in its operations, if you have incurred in
public procurement,
3. in the development of proposals for new or substantially improved products,
processes or services,
4. in the innovation of new or significantly improved products, processes or
the service, introduced in practice,
(hereinafter referred to as "the result"),
l) the eligible costs, such costs or expenses in research, development and
innovation, which may be incurred by the recipient for the activities in the research,
development and innovation, or in connection with them, and it
1. personal costs or expenses, including scholarships for research, development and
innovation under the Act on universities ^ 3),
2. costs or expenses for the acquisition of tangible and intangible assets,
3. other operating costs or expenses,
4. the cost or expenditure on services,
5. additional costs or expenses,
m) recognized the costs of such eligible costs or expenditure in research,
development and innovation, which approves the provider and which are justified.
(3) the national policy for research, development and innovation in the Czech Republic is
the document approved by the Government, which includes the basic objectives of the aid, its
the substantive focus of the assumption of the development of the expenditure on research, development and innovation of the
the State budget, from the funds of the European Union and from private sources,
priorities for applied research, development and innovation for the period 4 to 6 years and
measures for their implementation (hereinafter referred to as "the national policy of research, development
and innovation ").
TITLE II
THE SUBJECT MATTER AND WAYS TO SUPPORT
Purpose of the aid, the ways of its delivery and providers
§ 3
the title launched
(1) Support, including support for infrastructure and support large
infrastructure can be provided only to the extent and under the conditions laid down
This law, such as ad hoc or institutional support.
(2) the specific aid may be granted on
and) project, in which the recipient of the objectives and ways of solution
basic research establishes itself in the Group of grant projects
the renowned service provider,
(b)), in which program project the recipient expresses how and
under what conditions will contribute to fulfilling the objectives of the programme; solution
the programming of the project can also contain the necessary activities of the basic
research, if they are applied research activities, development
or upgrades,
(c) the specific University research), which is the research conducted by students
in the implementation of the accredited doctoral or master's
study programmes and that is immediately associated with their
education,
(d)) large infrastructure.
(3) institutional support can be provided on
and conceptual development of) long-term research organisation on the basis of the
her appreciation of the results achieved,
(b)) of the Czech Republic international cooperation in research and development,
realized on the basis of international agreements, including cooperation
implemented on the basis of legal acts issued for its implementation, such as
1. fees for the participation of the Czech Republic in international research programmes
and development,
2. the fees for membership in international organizations, research and development,
or
3. the financial holdings of the funds of the Czech Republic to support projects
international cooperation in research, development and innovation, if this
the financial stake be met from public funds, and if they are
projects supported from the budget of other States or to the budget of the European
Union or from the resources of international organizations,
(c)) in the operational programmes of research, development and innovation, or on their part
to ensure that the objectives in research, development and innovation,
(d) a public competition in security) research, development and innovation,
Award of a public contract, including the costs of evaluation and control of projects
and evaluation of the results achieved, and on the evaluation of the conditions for
the grant of aid to a specific University research, a large
the infrastructure of the Czech Republic or international cooperation in the research,
development and innovation, and it's up to the total amount of 2.5% of the funds
provider of research, development and innovation in a given calendar year, with the
the exception of the costs borne by the authorities referred to in subparagraph (f)),
(e)) or financial awards to exceptional results of the research, development and
innovation or financial award promotion and popularization of research, development
and innovation, where the conditions for the award provides the Government on the proposal of the Council for the
research, development and innovation,
(f) the costs associated with the activities) of the Council for research, development and innovation,
The grant agency of the Czech Republic, the Czech Technology Agency
Republic and the Academy of Sciences of the Czech Republic ^ 4).
§ 4
the title launched
(1) Specific aid is granted in the form of grants to legal or
natural persons or organisational units of the State expenditure,
organisational components of territorial self-governing units, or organizational
units of the Ministry dealing with research and development on
and grant projects of expenditure) of the grant agency of the Czech Republic,
(b) cross-cutting projects) and sectoral areas of research,
development and innovation, which provides for the Government on the proposal of the Council for research, development and
innovation in the national politics of research, development and innovation, of expenditure on
research, development and innovation of the relevant provider of support in
the area concerned,
(c) the programme projects of expenditure) Technology Agency of the Czech Republic,
d) projects within the programme of territorial self-governing unit from its
expenditure on research, development and innovation,
(e) programmes of international cooperation projects) of the Czech Republic in research
and the development of large infrastructure projects approved by the Government and
specific University research spending on research and development of the Ministry of
education, youth and sports.
(2) Institutional support is provided from the expenditure on research, development and
innovation on the
and conceptual development of) long-term research organisation on the basis of the
her appreciation of the results achieved in the form of grants to legal persons or
the increase in expenditure of the organizational components of the State organizational folders
territorial self-governing units, or organizational units of the Ministry of
engaged in research and development
1. their founder, if his budget, in the case of
territorial self-governing unit from its budget, the research, development and
innovation support,
2. The Ministry of industry and trade or the Ministry of agriculture
under the scope of, if is a research organization established by the private
rights,
3. The Ministry of the Interior, if a research organisation carried out mainly
security research,
4. The Ministry of defence, where the research organisation of its organizational
the unit,
5. The Ministry of education, youth and sports, if not
to provide institutional support provided for in points 1 to 4,
(b)) of the Czech Republic international cooperation in research and development, pursuant to section 3
paragraph. 3 (b). (b)), the Ministry of education, youth and sports,
(c)) in the operational programmes of research, development and innovation, Ministry of
education, youth and sport or the Ministry of industry and trade
under the scope of,
(d)) the activities under section 3 (3). 3 (b). (c) to (e))) a competent provider of
and the Council for research, development and innovation through the budgetary chapter
The Office of the Government of the Czech Republic.
The draft of the State budget expenditure on research, development and innovation
§ 5
the title launched
(1) the draft of the State budget expenditure on research and development is based on the National
policy research, development and innovation, and includes a proposal for expenditure on
the calendar year and the medium-term outlook of the aid for the period immediately
follow-up for 2 years.
(2) prior to the submission of the first draft of the expenditure referred to in paragraph 1, approve the
the Government program, which is in the calendar year of the zahajován. The draft programme
processes the competent administrative authority, in accordance with the national policy of research,
development and innovation. Processors shall submit the draft programme to express to the Council
for the research, development and innovation. In the event that the program will be implemented
Technology Agency of the Czech Republic, is part of the design of the program
whether or not her opinion. The draft programme includes in particular
and identification program) any breakdown in the subroutines,
date of its publication and the duration,
(b)) total expenditure on implementation of the programme or subprogramme, of the
the expenditure of public funds, with an indication of the expenditure of the State budget,
and their breakdown in each of the years,
(c) the maximum allowable aid intensity) and its justification,
(d) the specification of the objectives of the programme) together with their rationale and way
the achievement of the objectives of the programme, criteria, compared to the current
the status in the Czech Republic and abroad and expected results and benefits
the programme,
(e)) the requirements for competency of candidates and the method and criteria
evaluation of project proposals.
(3) the proposal to change the programme is submitted, if the provider intends to
and) increase or decrease the total expenditure on the programme or subprogramme on more
than 20%,
(b) the allowable aid intensity),
(c)) to change the duration of the programme, or
(d)) to change the objectives of the programme.
When submitting a proposal to amend the programme referred to in paragraph 2 shall
Similarly.
(4) if it is to be part of the proposal referred to in paragraph 1 a request for the initiation of the
a new group of grant projects, submitted by the grant agency of the Czech
Republic, the provisions of paragraph 2 shall apply mutatis mutandis.
(5) the procedure for the notification of the European Commission, including the procedure for the
changes to the program, shall be governed by the applicable provisions of the European right
Community ^ 5).
(6) on the programs as defined in this law shall not apply the provisions of
programmes according to the budgetary rules ^ 6).
Section 5a
(1) the total amount of expenditure on research, development and innovation of the individual
budgetary chapters provides the Government on the proposal of the Council for research, development and
innovation.
(2) the Council for research, development and innovation budget administrators
^ Chapter 7)
and the total amount of expenditure) the proposal on research, development and innovation of the individual
budgetary chapters,
(b) the amount of expenditure) the proposal under section 6 (1). 2 (a). (c)), broken down by
research organizations; the proposal is based on an assessment of the results achieved
research organisations in the past 5 years, from the national policy
research, development and innovation, and of the results of the international assessment of research
and development in the Czech Republic.
(3) the Administrators of budgetary chapters, of which the research, development and innovation
supported, renders the proposal for expenditure on research, development and innovation of their
chapters so as to ensure the implementation of the priority projects initiated in the
previous years and other commitments. The proposal contains, in particular, expenditure
and the amount of the expenditure in the proposal) breakdown according to § 6, arguing that the design of the above expenditure
under section 6 (1). 2 (a). (c)) is further divided according to research organisations,
b) data on the programmes approved under section 5 (3). 2 and the other
activities of research, development and innovation, on which aid may be granted
According to § 3.
(4) the proposals for expenditure on research, development and innovation shall submit to the administrator
budgetary chapters Council for research, development and innovation, that is with them
discuss. Council for research, development and innovation, the Government may recommend adjustment
the design of the above expenditure according to the results of the international assessment of research and
development in the Czech Republic, which exposes the way enabling the remote
access no later than on the date of dispatch of the proposal of the expenditure referred to in paragraph 2.
(5) If a part of the draft medium-term support request
the launch of a new program, it must be justified. In the grounds of States
a proposal from the
and the name of the program),
(b) the focus and objectives of the program),
(c) the duration of the program),
(d)) of the total expenditure on the implementation of the programme in each of the years from
the expenditure of public funds, with an indication of the expenditure of the State budget,
and design of the extent of the aid.
§ 6
the title launched
(1) Mandatory indicators relevant budget headings are expenditure on
research, development and innovation in total, of which institutional support total and
supported in total.
(2) of the total expenditure on research, development and innovation of the individual
budget headings are other binding indicators, if they come
in the account,
and other support programmes) of applied research, development and innovation,
(b)) to a specific supported University research,
(c) institutional support to research organisations) according to the evaluation by
the results obtained,
(d) institutional support to the international) cooperation of the Czech Republic in
research and development.
TITLE III
THE CONDITIONS FOR SUPPORT
section 7 of the
Grant of the aid
(1) the aid is based on the national policy of research, development and innovation, and must
be provided in accordance with the relevant regulations and rules of the European
the community governing State aid to research, development and
innovation ^ 7a).
(2) the aid may be granted only to the eligible costs.
(3) the aid cannot be granted
and the physical person has been finally convicted) for the crime of ^ 25), whose
the merits of related to the subject of business of that person, or
offence or offence against property,
(b) a legal person has been finally convicted) for the crime of ^ 25), whose
the merits of the business related to the subject (activities) of this person,
or for an offense or crime against property,
If the person under the Act does not look as if he has not been convicted.
(4) the specific provider shall provide support after making a public competition
in the research, development and innovation under this Act or on the basis of
Award of a public contract in accordance with the law on public procurement ^ 2), with
except in the cases referred to in paragraphs 5 and 6, and those projects international
cooperation in research, development and innovation, where the selection of projects was held
at the international level.
(5) ad hoc support to large infrastructure projects will provide the
After approval of the project by the Government provider. When submitting the proposal
large infrastructure project to the Government for approval to proceed by analogy
under section 5 (3). 2 the first sentence of up to a third.
(6) on the specific University research is provided by the supported
under the rules approved by the Government, in which recipients are determined
support, criteria and manner of providing support.
(7) the provider shall provide the Institutional support for the research organisation
on the basis of an assessment of the achievements of her so that her share of the
the total amount of institutional support from the national research organisations
the budget in a given year is equivalent to its share of the value of the results of all
research organisations in the past 5 years, by guest
carried out each year by the Council for research, development and innovation. The provider of the
the amount of aid may be adjusted to a more detailed evaluation of the running
internationally recognized methodologies ^ 7b), which, together with the results of the
a more detailed evaluation and rules before editing support
the provision of publicly available. The provider also in institutional support
into account and the amount of indirect support, which was a research organisation
granted in previous years, in the form of exemptions from tax obligations.
(8) the institutional support to the international cooperation is provided by the
According to § 3 (2). 3 (b). (b))
and) point 1 and 2 by the institution or organization to which the Czech
the Republic represent,
(b)) on the basis of section 3 of the application, which shall submit to the provider of the tenderer,
selected in accordance with the rules of the international
cooperation in research and development.
§ 8
The use of the aid
(1) the beneficiary, in accordance with the Act on accounting ^ 7 c) for each
the project provided institutional support and for other activities
in the research, development and innovation, supported from the public funds in accordance with
section 3 (3). 2 and 3 separate records of the expenses incurred or
the costs and in the framework of this record keeps track of expenses or costs borne from the
the aid. The way this evidence establishes, on the basis of the law on
^ 7 c accounts) of the recipient.
(2) the purpose of the aid project, you can cover the costs of research,
development and innovation carried out by the recipient, where appropriate, the other party to the
the project.
(3) acquisition of tangible and intangible assets for activities in research,
development and innovation to the eligible costs include only such
part of the cost of its acquisition, which corresponds to the intended use of the
for the activity in the research, development and innovation.
(4) the beneficiary of institutional support can cover the costs of the activities
in the research, development and innovation, other research organisations, if they are
These activities are the subject of cooperation in research, development and innovation, between
research organisations on the basis of a written contract.
(5) in the event that the project is not specified in detail in the course of service
or the acquisition of tangible or intangible property in the research, development and
innovation, including the price and the exchange rate applicable at the time of submission of the project proposal and
the vendor shall proceed under the law on public procurement ^ 2).
§ 9
The adjustment of the relations between the provider and the recipient of the
(1) The provider shall conclude with the recipient of the support to the grant or
program project written contract for the provision of support to the solution
the selected project. The period of validity of the contract includes the solution time
the project and the following period is needed for the evaluation of the results of the solution
the project, including the settlement support provided by budget
the rules ^ ^ 8), but not longer than 180 days from the date of their solution
the project. The validity of contracts for the provision of aid may be extended.
Among the terms of the contract for the provision of support to include in particular the
and the designation of the provider)
(b) the designation of the beneficiary, in) the case of the participation of multiple recipients indication of
the recipient, who will coordinate the project in relation to the
the provider and its rights and obligations,
(c)) the name, identifying information and the subject of his project to a solution
(d)) the objectives of the project and its anticipated results, how to verify their
the achievement,
e) name, surname and any academic degrees and graduate
a natural person who is responsible for the level of the beneficiary of the project,
(hereinafter referred to as the "grantee"),
(f) the dates of commencement and termination) of the project,
(g) the amount of the approved costs of the project) and their breakdown, the amount of the aid and its
the Division in each of the years, including the terms and the manner of its
the provision,
h) adjustment of the exploitation and property rights to the results under the conditions
provided for in this Act,
I) terms and conditions for the participation of other participants of the project, any of the above
their support, indicating the amount of the expenditure of the State budget and its
the Division in each of the years, including the terms and the manner of its
provision and control,
j) method for reporting the recognized cost of the project,
How to control the project), including checking the use made by the
support and control of the exploitation of the results,
l) way to evaluate the results of the project, including the settlement
the aid granted,
m) defining the degree of confidentiality covering their designation according to
specific legislation, ^ 10)
n) way to provide information about the project and its results for information
the system of research, development and innovation,
about) the way of dispute resolution
p) penalties for infringement of the Treaty,
q) date of acquisition and the end of the effectiveness of the Treaty.
(2) the part of the contract for the provision of support to the approved project proposal.
(3) unless otherwise provided in this Act, the contract for the provision of
the support provisions of the commercial code.
(4) a contract for the provision of aid can be closed with multiple recipients at the same time with
by their mutual relations will be contractually modified as an integral
part of the contract. The provisions of this Act on the content of the contract for the provision of
the aid shall apply mutatis mutandis to contracts concluded for the implementation of
public procurement under special legislation. ^ 2)
(5) if the recipient of the support to the grant or program
the project, if appropriate, another participant in the project, which is to be
support, organizational component of a State or organizational unit
the State Department, dealing with research and development, the provider shall issue a
the decision to grant aid under the budget rules, ^ 8). For
the decision to grant the aid requirements shall apply mutatis mutandis
the provisions of the terms of the Treaty, to grant the aid referred to in paragraphs
1, 2 and 4. If the beneficiary and another participant in the project business
folder in the scope of one State budget administrator,
they do not provide in accordance with the budgetary rules ^ 8) each financial
the performance. In this case the provider shall proceed, as well as for more
the beneficiaries referred to in paragraph 4.
(6) the decision referred to in paragraph 5, the provider shall issue a further in the case of
the provision of
and institutional support) research organization under the appreciation of her
the results obtained,
(b) aid to a specific purpose) University research,
(c) support for the transnational cooperation), or
(d) institutional support project) of the operational programme in the research,
development and innovation.
(7) the amount of the approved cost and the related amount of support granted
the project on the whole time the solution may not be in the course of the solution
changed by more than 50% of the amount of the aid or the recognized cost of
the public funds referred to in the Treaty of the aid or in the
the decision to grant the aid, as the provider decided to
evaluation of public competition in research, development and innovation, or on
the basis of public procurement. Changes to the amount of the approved cost and the
related to the amount of aid must be justified, supported by approved
activities and changing the contracts for the provision of aid, or the decision on the
the granting of the aid and shall comply with the conditions of the aid referred to in this
the Act.
(8) the recipient is obliged to inform the provider about the changes
that occurred at the time of the effectiveness of the contracts for the provision of support for, or at the time of
the enforceability of the decision to grant the aid and which affect its
having legal personality, the data required to demonstrate competence or
that could have an impact on the project, and it's up to 7 calendar days
from the date of such fact.
(9) the recipient shall without undue delay inform in writing
provider about its final convictions for an offence affecting
compliance with the conditions for granting the aid. Also according to the provider's
other legislation regarding ^ 27) the recipient may request an extract from the
criminal records; request for the release of the statement from the records of the register
an extract from the criminal record and criminal record shall be transmitted in electronic
the form and manner that allows remote access.
§ 10
The period and method of granting of the aid
(1) unless, as a result of the budgetary stopgap under the Special
^ 8) legislation to regulate the pumping of the budget, it is the duty
providers start providing support within 60 calendar days from the date of
the entry into force of the Treaty for aid or from the date of issue of the
the decision to grant aid. In the case of multiannual projects in the second year and
other years, the solution is the responsibility of the provider to start providing
support within 60 calendar days from the beginning of the calendar year in the case,
they are the obligations of the recipient under the Treaty on the provision of
aid or of the decision concerning the granting of the aid and that the data are classified
in the information system of research, development and innovation in accordance with this
the law and the special law. ^ 12) in the same period has
the recipient of the obligation to tackle the project.
(2) Support provides the only provider to the recipient without
the budget measures, and direct transfer from the account of the provider of the
the beneficiary's bank account or by allowing the financial expense of
the account of the provider to the recipient of the above a set limit. If, on the
the project involved another party provides the provider to the recipient
ad hoc support including the party without
the implementation of budgetary measures, with the exception of cases, when the recipient is
or other party to the organizational component of a State established by other
the founder than the provider. The recipient of the aid, according to records
specific legislation. ^ 13)
(3) the provider provides the recipients of support to projects that are not
public procurement, in one lump sum to the calendar year, in the other
cases in terms of the Treaty, or by a decision of the
the granting of the aid.
§ 11
The adjustment of property rights to the results and the use of the project results
(1) the recipient of the aid for the project applied research closes with
by the results of the use of the results of the Treaty, which shall submit to the
provider no later than before the end of the project. When closing the
the contract on the use of the results of exploitation and property editing
the rights to the results set out in the Treaty concerning the granting of the aid referred to in article 9
paragraph. 1 (a). (h)).
(2) between the terms of the contract on the use of the results include in particular the
and the name and identifying information) project,
(b)) definition of the results and their comparison with the objectives of the project,
(c)) ownership and exploitation rights to the results under section 16,
(d) the use of the results and the method), the period in which the results will be used,
but within 5 years from the completion of the project,
(e) the degree of confidentiality) the extent and the way of dealing with them according to the
specific legislation, ^ 10)
f) penalties for infringement of the Treaty,
(g) the date of acquisition) and their effectiveness of the Treaty.
(3) unless otherwise provided in this Act, shall apply to the contract on the use of
the results of the provisions of the commercial code.
§ 12
The provision of information
(1) support may be granted only under the conditions of publication of truthful and
timely information by the recipient and the provider of the carried out research,
development and innovation, and on their results through the information
the system of research, development and innovation.
(2) if the subject matter of the project or other activities of research, development
and innovation, the subject of statutory or recognized the obligations of the
confidentiality, the provider and the recipient are conducted by the information
research, development and innovation, and their results, excluding those
the information, which it lays down the law.
section 13
Check
(1) the provider is obliged to carry out the monitoring of the implementation of the objectives of the project,
including control of pumping and use of aid effectiveness
the cost of the project according to the concluded contracts for the provision of support or
the decision to grant aid. The obligations of the recipient is the control
allow.
(2) the verification referred to in paragraph 1, including the evaluation of the results achieved and
their legal protection shall be carried out after completion of the project. In
If the period during which aid is granted is longer than two
for years, the provider is obliged to carry out the monitoring referred to in paragraph 1 also
at least once in the course of the project.
(3) the supplier is obliged to carry out financial control for the beneficiaries
the aid provided for in special legislation ^ 15) at least 5% of the volume
ad hoc and institutional support provided by the provider in the
calendar year.
(4) the supplier is obliged to the final evaluation of projects
their resolution procedure according to § 21. 4 to 7 to assess the
the achievement of the objectives laid down in the contract for the provision of aid to the closed
pursuant to section 9 (2). 1 to 4, where appropriate, in the decision granting aid,
results of the project, their relationship to the objectives of the project and provide
about them in the information system of research, development and innovation information, the
the range provides detailed legal prescription.
§ 14
The consequences of a breach of the provisions of the Act
(1) the unauthorized provision, use or retention of the aid is assessed
as a violation of budgetary discipline in accordance with budgetary rules. ^ 8)
(2) in violation of the terms of the decision on the authorisation of exemptions from the prohibition on
public aid shall proceed according to the law on public support. ^ 16)
(3) when the breach of the obligations of the Treaty, to grant the aid, or the Treaty on
the use of the results of the process according to the appropriate contractual arrangements and
According to the commercial code.
(4) failure to comply with the obligations laid down in this law or in the
failure to comply with the terms of the decision to grant aid, issued under section 9
paragraph. 5 and 6 by the recipient or in breach of the obligations of the Treaty on the
the grant of aid or contracts on the use of results by recipient
the provider may exclude a project proposal from a public competition in the recipient
research, development and innovation, for up to 3 years from the date on which the beneficiary of the
This infringement has been proved or acknowledged in writing to him.
(5) in the case of the information system of research, development and
innovation information, which do not correspond to the definition of the data elements and
that will affect the amount of aid granted, the operator is from the system
delete and notify this fact to the Council for research, development and
innovation in the design of the expenditure on research, development and innovation
the following five-year period for the provider the amount of expenditure
reduced, and that each year up to 100% of the volume of aid, which should be referred to the
these incorrect data for that year. The provider similar
way reduce aid recipients, which had the wrong information.
§ 14a
In the case where the recipient was been sentenced for the offence referred to
in section 7 (2). 3 (b). and (b))) or the provider may completely or partially
withdraw from the contract for the provision of aid, or to cancel or change the
the decision to grant aid. Withdrawal from the contract for this reason
from the beginning of the contract entirely or partially lifted, and the recipient is obliged to
to return all or part of the support. For the effects of the decision applies
sentence of the second analogy.
TITLE IV
OWNERSHIP OF THE TANGIBLE PROPERTY ACQUIRED FOR RESEARCH AND DEVELOPMENT, THE RIGHTS TO
RESULTS AND THEIR USE
§ 15
Ownership of assets for research, development and innovation
(1) the owner of the property acquired from the aid recipient.
(2) if the acquisition of the asset involved more participants in the project,
they become owners of the shares of assets according to the adjustments contained
within the meaning of section 9 (2). 1 (a). even) in the contract or in the decision on the
the granting of the aid.
section 16 of the
The rights to the results and their use
(1) if it is the result of a public procurement contract, which cannot be protected by the laws of the
governing the protection of the results of the author, inventive step, or similar creative
activities ^ ^ 17), 18), is the owner and provider of the results of their
publication and utilization is possible only with the prior written consent of the
the provider.
(2) if it is the result of a public procurement contract, which can be protected by the laws of the
governing the protection of the results of the author, inventive step, or similar creative
activities ^ ^ 17), 18), then the recipient, if the provider does not provide otherwise,
must exercise the right to the results, to ensure their legal protection, and after
the granting of the right of ownership transfer to the provider. The recipient has
be entitled to reimbursement of the costs associated with demonstrable, if not
part of the approved costs of the project. The publication of the results before submitting
applications for industrial legal protection is required the written consent
the provider.
(3) the rights to the results of activities in research, development and innovation, which
It is not a public service contract, are the beneficiaries. The recipient who is not a natural
the person modifies the treatment of the results of its internal regulation.
(4) for the use of the results, with the exception of the provisions referred to in paragraphs 1 and 2,
in the case of
and fully financed) results from public funds is the recipient of the
shall be obliged to make available the results under the same conditions laid down in the
the contract on the use of the results to all interested parties about their use, if the
European Community legislation provides otherwise ^ 18a)
(b)) the result of the funded out of public funds of more than 50
% and less than 100% of the cost of the project, the beneficiary shall for the
the conditions laid down in the contract on the use of the results of the priority
provide the results to those operators who have the support of the non-public
resources involved,
(c)) the result of the proportional basis funded from public funds in the amount of
reaching 50% or less of the cost of the project must be part of the Treaty of
the use of the results of the agreement about how to use dates and results with those
bodies on the promotion of non-public resources involved,
(d)) under the results of the proportional basis funded from the public and from other
resources in the manner and at the time specified in the contract on the use of the results is
the recipient shall be required to provide the results to the use of a
non-discriminatory conditions for the market price to all interested parties.
THE HEAD OF THE
PUBLIC COMPETITION IN RESEARCH, DEVELOPMENT AND INNOVATION
§ 17
Publication, the content and the conditions of the public competition in research, development and
innovation
(1) unless otherwise provided in this Act, shall apply to the public competition in
research, development and innovation, the provisions of the commercial code.
(2) a public competition in research, development and innovation, its content and
the conditions of cancellation shall, where appropriate, to 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. The renowned conditions
public competition in research, development and innovation, not the provider of the
change. The conditions of public competition in research, development and innovation must
include in particular the
and the text of the programme) approved by the Government under section 5 (3). 2 and 3 and
posouzeného the European Commission or the Group of grant projects and further
the estimated start and end time,
(b) establish eligibility requirements) candidates
(c)) the way and evaluation criteria project proposals,
(d) the competition period) under this Act,
(e) the evaluation period) under this Act,
(f) the place of receipt) of the tender documentation, the place and the method of submission of proposals
projects and the period in which you can submit these proposals,
(g) the name and address of the provider) and e-mail address, the phone and its
contact the worker.
(3) the provider may set additional conditions for competition in the public
research, development and innovation, to be published at the same time with the terms of this
the competition referred to in paragraph 2. The provider may provide a way to
submission of project proposals by the special legal regulation ^ 20) as
exclusive only in the event that this does not restrict some of the candidates.
(4) in the case where the disclosure of the terms of public competition in research,
development and innovation could endanger the protection of classified information or
defence or State security, ^ 14) enters the project solution provider on the
the basis of a written invitation to the selected legal entities, natural persons,
Organization State or territorial self-governing units,
organizational units of the Ministry, dealing with research and development.
This procedure requires the prior written consent of the Council for research,
development and innovation.
(5) the project proposal is to grant the applicant's applications support
in the form of subsidies or expenditure increases organizational folder State or
territorial self-governing unit, or organizational units of the Ministry,
engaged in research and development, according to the budgetary rules.
(6) For the purposes of public competition in research, development and innovation is
the provider shall be entitled to collect the necessary information on the proposals and projects
tenderers, including personal data, both in written and in electronic
the form. This information is not publicly accessible information under
special legislation. ^ 12) provider is obliged
the collection, disclosure or other processing of these data
follow the specific legislation. ^ 21) the range of data on the
the project proposals and data about applicants for publication must
provider defined in the tender documents in accordance with this Act and the
with special legislation. ^ 22) of personal data may only be a provider
publish only the first name, surname and any academic degrees and scientific
the rank of the Solver, and other workers involved in the proposed
the project.
section 18
Proof of eligibility of applicants
(1) the tenderer is obliged to prove their eligibility to the solution proposed
the project. Applying a solution of one project together more
applicants, subject to the obligation to prove their eligibility to all
These candidates.
(2) the eligibility of the tenderer who has
and technical assumptions) has to the project,
(b)) has the appropriate permissions to the activity, if required by the Special
law, ^ 23)
(c)) is not in liquidation and the decline or threatened decline is not addressed in the
insolvency proceedings ^ 24),
(d)) has settled debts in relation to the State budget, or
the budget of the local government unit and other overdue obligations to the
the State, the State Fund, health insurance or to the Czech administration
social security,
(e)) where the natural person has not been convicted of an offence,
which is related to the merits of the applicant's business, or
for a criminal offence or an offence against property, or the
so according to the law, and if the legal person has not been
sentenced for a criminal offence, the merits of which are related to the subject
business (work) or for an offense or crime, the economic,
against the asset, or so according to the law,
(f)) was not in the last three years the disciplinarian punished by
the specific legislation governing the exercise of professional activities, ^ 26)
If this activity is related to the subject of a public competition in research,
the development and inovacíchi,
(g)) is not working or a similar proportion to the legal person
responsible for the organisation of a public competition in research, development and innovation
According to § 23 paragraph. 2. It does not apply to the organizational units of the Ministry,
engaged in research and development.
(3) the evidence and assessment of eligibility referred to in paragraph 2 (a).
and provider) provides for the publication of a public competition in research,
development and innovation with regard to the character of organized public competition and
the estimated financial scope of the projects.
(4) the Applicant meet the eligibility when submitting a project proposal
as follows:
and eligibility) under paragraph 2 (a). (b)) the proof of permission to
business or other required permissions
(b)) the eligibility referred to in paragraph 2 (a). (c)), d), (f)) and for natural persons
also in accordance with paragraph 2 (a). g) sworn declaration eligibility, and
in accordance with paragraph 2 (a). (f)) in the case of legal persons, the evidence of the
persons who perform the function of the statutory authority of the applicant or his
Member, with the exception of those which are for the exercise of statutory functions
the authority or its Member, established another law ^ 27a) similar
conditions as the conditions of eligibility referred to in paragraph 2 (a). (f)),
(c)) the eligibility referred to in paragraph 2 (a). e) statement of record
criminal records, while in the case of legal persons shall be demonstrated for these persons and
at the same time for the person exercising the function of the statutory authority of the applicant
or its member with the exception of those which are for the performance of functions
the statutory body or a member of the established another legal
^ Regulation 27a) similar conditions as the conditions of eligibility referred to in
paragraph 2 (a). (e)).
(5) the tenderer, which should be to provide support in accordance with § 9
contract for the provision of the aid or in whose favor is to be
decision on the granting of aid, proof before concluding the contract
or before the issue of the eligibility of the decision referred to in paragraph 2 (a). (b)),
certified copy, not older than 90 days, permission to
activities ^ 26), incorporation of the Charter, the founding documents or other evidence
on the establishment or establishment, or dump, not older than 90 calendar
days, from the commercial register or other register laid down by law.
(6) in order to authenticate the integrity of the applicant requests the provider's
According to another legal regulation ^ 27) an extract from the criminal register.
Request for the release of the statement from the criminal register and the extract from the register
Criminal record shall be transmitted in electronic form, and the way
enabling remote access. In the case of persons who carry out the function of
the statutory body or are members of the applicant which is a legal
the person shall demonstrate integrity, if not for the performance of functions
the statutory body or a member of the established another legal
^ Regulation 27a) similar conditions as the conditions of eligibility referred to in
paragraph 2 (a). e) and (f)).
(7) the Tenderer has to be in accordance with section 9 of the contract for the provision of
support or in whose favor is to be given in the decision granting
support, demonstrates the competence referred to in paragraphs 2 and 6, only once in the
a public competition in research, development and innovation.
(8) the provider may require fulfilment of the other requirements of the
the eligibility of the applicants, which is related to the nature and conditions of the
advertised program. These eligibility requirements, and how their
demonstrate the provider must establish in advance, in conditions of public
competition in research and development.
(9) the tenderer is obliged to inform the provider about the changes
that occurred at the time of the submission of its proposal to any
the conclusion of the contract or issue a decision on the grant of the aid, and that
affect its legal status or the data required to demonstrate
or that might have an impact on the decision of the provider,
and it within 7 calendar days from the date of such facts
learned.
(10) a public competition in research, development and innovation can also participate
legal person established in a Member State of the European Union or another
State representing the European economic area or the Swiss Confederation
or citizen of such a State or the long-term resident on the territory of the
The Czech Republic, or a national of another State, if he was on the territory of the
The Czech Republic is allowed to stay for the purpose of scientific research, if
meets the conditions of eligibility referred to in paragraph 2 that the eligibility of the
in accordance with paragraph 2 (a). (b) to (f))) shows a sworn declaration,
(11) failure to meet the requirements for eligibility, the obligation to prove their
eligibility or the obligations referred to in paragraph 8 is the reason for the exclusion of
the design of the project from a public competition in research, development and innovation,
that is equivalent to a provider.
§ 19
Tender documentation
(1) the provider processes for the publication of a public competition in research,
the development and innovation of tender documentation, such as a file, and
information necessary for the processing and submission of the project proposal.
A provider shall ensure that the tender documentation was complete. The tender
the documentation includes, in particular:
and details of the programme by) § 17 paragraph. 2 (a). and) to e), and (g)) or group
grant-funded projects,
(b) the conditions of competition in the public) research, development and innovation,
(c) the specified items of the eligible costs) according to the conditions of the contest
in the research, development and innovation,
(d)) other conditions the public competition in research, development and innovation by
§ 17 paragraph. 5, if you are determined,
(e) the scope of the required data and) guidelines for the design of the project,
where appropriate, mandatory annex,
(f) the definition of the range of data on) the project proposals, the applicants and other
participating in a project for publication,
g) in the case of two-stage public competition in research, development and
the requirements for the completion of the design innovation of the project pursuant to section 22 paragraph 1(b). 6,
(h)) instead, the way and the term for submission of project proposals and for the publication of
the result of a public competition in research, development and innovation.
(2) When the publication of a two-stage public competition in research, development and
innovation is the provider shall be obliged to handle the tender documentation for the
the first and second stage of the competition for the public in the research, development and
innovation.
(3) the specifications shall be published on the site and the provider at the time of that
have been notified in the publication of public competition in research, development and
innovation.
section 20
The competition period and the evaluation period
(1) the competition period is the period in which it is possible to submit proposals
of the projects. It starts with a count from the day following the date of its publication in the
public competition in research, development and innovation in the business journal
ends on the day of their adoption of project proposals. "The length of the competition deadlines
for single stage public competition in research, development and innovation is
at least 43 days. The length of the period of the competition for the first and second
the degree of a two-stage public competition in research, development and innovation is
at least 36 calendar days.
(2) the assessment period is the period in which the provider shall ensure that
evaluation of project proposals, decide and announce the results of the public
competition in research, development and innovation. Starting to count from the date of
following the completion of the competition period and ending on the date of its publication
the results of the public competition in research, development and innovation. "The length of the
the evaluation period for single-stage and two-stage competition in the public
research, development and innovation is a maximum of 240 calendar days.
section 21
The adoption and evaluation of project proposals
(1) for the recruitment of project proposals to the Commission shall be appointed by the provider for
the adoption of project proposals. The composition of the Commission, the treatment of the data
included in the project proposals and other activities the Commission lays down rules
the provider. Members of the Commission shall be in relation to the subject of public
competition in research, development and innovation, or to the candidates, podjati
in particular, they shall not participate in the processing of the project must not have a personal interest in
the decision to grant support to a specific project, and with the candidates is
shall not link personal or work or other similar ratio.
(2) the Commission will evaluate the project proposals for the adoption of the conditions
public competition in research, development and innovation, in accordance with section 17 paragraph. 2 (a).
(b)), d) and (f)) and the conditions of the public competition in research and development for adoption
project proposals under section 17, paragraph. 5 and processes the log that contains the
in particular, the list of received proposals, information on the delivery of competition
a time limit on the completeness of project proposals and on the proposals non-compliant projects
These conditions, indicating the reasons for their disposal. The Protocol must
contain information on the proposals received after the expiry of the period of the competition,
including the time of their delivery.
(3) a project proposal received in violation of the terms referred to in paragraph 2
must not be admitted to public competition in research, development and innovation, and
assessed in accordance with paragraphs 4 to 9. Acceptance or non-acceptance of the proposal
the project to a public competition in research, development and innovation decides
the provider.
(4) for the evaluation of proposals received in a public competition in the
research, development and innovation, the provider shall establish a professional advisory body.
The composition of the vocational advisory body, the way of handling the information contained
in the project proposals and other activities of his rule modifies the provider
internal regulation, which shall be published not later than when the publication of public
competition in research, development and innovation. The provisions of paragraph 1, the sentence
the third is about the impartiality of the members of the advisory body for professional uses
Similarly.
(5) the provider is obliged to ensure each project proposal at least
2 opinions of opponents as the basis for the assessment of project design expert
an advisory body, with the exception of the case when on the basis of a substantiated
recommendations of the expert advisory body determines that the project design
vital will not be further evaluated and will be eliminated from the public
competition in research and development. The provisions of paragraph 1, the third sentence of
disinterestedness for opponents apply mutatis mutandis. For the treatment of
the information contained in the proposals of projects corresponding to the provider.
(6) the Technical advisory body shall ensure that, with the exception referred to in paragraph 5,
an objective and unbiased evaluation of project proposals by renowned
the rules and criteria of the public competition in research, development and innovation with the
regard to the credentials of the opponents. On the outcome of the evaluation of each proposal
the project will include a professional advisory body.
(7) the reports on the evaluation of the project proposals and the resulting draft order for all
project proposals in the public competition in research, development and innovation
a professional advisory body shall submit to the provider, which is obliged to
decide on the selection of project proposals and to publish the results of the public
competition in research, development and innovation in the evaluation period.
The provider may decide, in contrary to the recommendation of vocational
the advisory body, if in writing, justified this decision in the Protocol and
shall publish its decision via the Internet. The provider will allow
candidates are familiar with the result of the evaluation of its proposal in
public competition in research, development and innovation, including the rationale and
granting the opponent opinions to its project without putting personal
the data of the opponents.
(8) the proposal of the project must not be in the course of a public competition in research and
the development changed with the exception of the completion of the design of the project in the second degree
a two-stage public competition in research, development and innovation. For a change
the project design shall not be considered if the provider will not recognize part of the contender
the proposed total cost of the project and the scope is between the recognized costs
the project, or on the basis of this Act, the total amount of the aid shall be reduced.
The proposed reduction of the total cost of the project or the amount of aid must
be stated in the Protocol referred to in paragraphs 6 and 7.
(9) the evaluation of proposals, grant projects provide industry Commission
The grant agency of the Czech Republic or the Council grant agency
The Academy of Sciences of the Czech Republic in accordance with paragraphs 1 to 8.
(10) The decisions referred to in paragraphs 3 and 7 of the administrative code does not apply. ^ 29)
section 22
The two public competition in research, development and innovation
(1) a two-stage public competition in research, development and innovation can
provider pursuant to this Act to declare, if necessary or
appropriate to separate the assessment of the effectiveness of the proposed solution and the
compared to the stated objectives and conditions of the program (the first level) and
proficiency and the feasibility of the proposal (the second
degree), or in the case where it is necessary gradually to clarify the way the performance
proclaimed objectives and conditions of the program.
(2) the provider is obliged to state the fact that announces the
a two-stage public competition in research, development and innovation, when
the preparation and approval of the program and in the publication of public
competition in research, development and innovation, together with the conditions of this competition
listed in § 17 paragraph. 2.
(3) when the publication of a two-stage public competition in research, development and
innovation provider provides in addition to the conditions specified in § 17 paragraph. 2
also
and, the way the competition deadline) the assessment of project proposals and notification
the results of the first instance of a public competition in research, development and innovation
candidates, or also the place and time of publication of the tender documents
for the second stage of public competition in research, development and innovation,
(b) the time limit and method of evaluation) project proposals in the second stage of public
competition in research, development and innovation.
(4) for the reception and evaluation of project proposals in the first instance by public
competition in research, development and innovation, the provisions of section 21 shall apply mutatis mutandis, with
the fact that the reports on the evaluation of the project proposals and the resulting order proposal
all proposals evaluated in the first instance by public competition in
research, development and innovation, professional advisory body shall submit to the
the provider, which shall decide on the acceptance of the proposal and its referral to the
the second stage of this competition.
(5) to the second level public competition in research, development and innovation
may be referred to the only project proposals evaluated and approved in
the first stage of a public competition in research, development and innovation by
declared conditions and according to the rules laid down in this law and the
meeting the conditions of the second level public competition in research, development and
innovation. For the reception and evaluation of project proposals in the second degree
public competition in research, development and innovation, including
provider about the selection of project proposals and the publication of the results of the public
competition in research, development and innovation, the provisions of § 21. 1
up to 4, 6 to 10 mutatis mutandis.
(6) the provider shall be entitled to require the completion of the design of the project to
the second level public competition in research, development and innovation, the selected
the applicant on the basis of clarifications and additions to the conditions announced by the other
the necessary conditions, and in particular the amount of the cost of the project, the time data
and use of the results. In the design of the project between the first and second degree
public competition in research, development and innovation, must not be changed the objectives of the
the project.
(7) in the specifications for the second degree public tender
the provider shall be the completion of the design and conditions of its submission.
(8) The decisions referred to in paragraphs 4 and 5 shall not apply the administrative code ^ 29)
section 23
Provision of public competition in research, development and innovation
(1) for the execution of public competition in research, development and innovation by
This Act corresponds to the provider. He may, in the public selection
control ^ 2) select a legal person which shall conclude a contract to assist with the
the Organization ensure the public competition in research, development and innovation.
(2) a legal person with whom the provider has entered into a contract pursuant to paragraph
1, is excluded from participation in this contest, may not participate in the preparation of the
the design of the project and must have demonstrable personal interest in the outcome
evaluation of the design of the project.
section 24
The abolition of public competition in research, development and innovation
(1) a public competition in research, development and innovation, the provider may
Cancel
and if any) design project,
(b) a substantial change has occurred) if the circumstances in which the public
competition in research, development and innovation, announced that he could not
the provider predict, it did not cause, or if ceased
for the performance of the subject public competition in research, development and innovation,
or
(c)) for a two-stage public competition in research, development and innovation, also
If it did not advance to the second stage of public competition in research,
development and innovation project proposal.
(2) a public competition in research, development and innovation, the provider shall cancel,
If the announcement of public competition in research, development and innovation, or
the tender documents in contravention of this Act, the Government
approved programme or the result of his assessment of the European Commission.
(3) A substantial change in the circumstances referred to in paragraph 1 (b). (b))
also considered such a reduction in the amount of single-purpose expenditure for research, development and
innovation in the budgetary chapter of the provider, which does not allow
to finance the newly initiated projects that aid already has precedence
of projects.
(4) the decision on the revocation Provider public competition in research,
development and innovation shall be published in the same manner and on the same
place as of the publication of this public contest. If the public competition in
research, development and innovation, cancelled for the reasons referred to in paragraph 1,
the Tenderer shall not be entitled to reimbursement of the costs incurred.
(5) the Applicant may, from the public competition in research, development and innovation
withdraw by notifying provider.
§ 25
The deadline for the conclusion of a contract or issuance of a decision on the grant of the aid
(1) the time limit for the conclusion of contracts for the provision of support for, or the issue of
the decision to grant the aid referred to in section 9 shall be not more than 60
calendar days
and from the date of entry into force) of the law on the State budget of the Czech Republic
on the year, in which the solution has to be initiated and the granting of aid
the project under a special legal regulation, ^ 8) if the result of
public competition in research, development and innovation, announced before his
approval, or
(b)), from the announcement of the results of the public competition in research, development and
innovation, if the result of this competition was announced after the acquisition of the
the effectiveness of the law on the State budget of the Czech Republic for the year concerned, in
which is to be initiated solutions and providing support for the project by
special legislation. ^ 8)
(2) failure to comply with the time limit for the conclusion of contracts for the provision of support or
the conditions for the issuance of the decision on the grant of the aid in accordance with § 9 caused by
the reasons on the part of the beneficiary authorizes the provider to enter into a contract of
aid with another contender in the order resulting from the results
public competition in research, development and innovation, or to issue a decision on the
the granting of the aid in favour of the applicant.
(3) in the case of failure to comply with the time limit for the conclusion of a contract for the provision of
support or the conditions for the issuance of the decision on the grant of the aid referred to in
§ 9 due to reasons on the part of the provider is entitled to the recipient
compensation from the budget of the provider of the corresponding planned
the cost of the project for the period from the start date of the project
approved the proposal of the project data into the conclusion of a contract for the provision of
support, where appropriate, the enforceability of the decision granting the aid.
section 26
Retention of documents
(1) the evidence of public competition in research, development and innovation, including
of all the proposals received, the provider of at least 10 years
Since the announcement of the results of the public competition in research, development and innovation.
(2) the provider is obliged to keep the documents of each grant awarded
support for at least 10 years from the date of granting of the aid.
TITLE VI OF THE
cancelled
section 27 of the
cancelled
section 28
cancelled
section 29
cancelled
TITLE VII
PROVIDING INFORMATION ABOUT THE RESEARCH, DEVELOPMENT AND INNOVATION
section 30
Information system of research, development and innovation
(1) the information system of research, development and innovation is information system
public administration ^ 31) to ensure that the collection, processing, delivery and
use of data for research, development and innovation, supported by the public
resources and other information under the conditions laid down in this law. Has the
four interrelated parts, which are the central registration
projects, central registration activities of research, development and innovation,
an index of information on the results and evidence of public competitions in
research, development and innovation. The details of these four parts information
the system of research, development and innovation are used by the operator to the objectives
laid down in paragraph 2.
(2) the purpose of the information system of research, development and innovation is to provide
information about the research, development and innovation, supported by the public
the resources of the public and service providers with the aim of
and) inform the public and the applicant declared public competitions
research, development and innovation, and their results,
(b)) informed about the projects and activities of research, development and
innovation supported from public funds and the results thereof,
(c) inform the other authorities and) persons provided for by specific laws,
^ 32) legislation or international treaties,
(d) the provision and use of control) ad hoc or institutional
support,
(e) prepare the draft of the State budget) and to provide for more specific
^ law 32) set out the activities of the providers or institutions
research, development and innovation under this Act,
(f)) evaluate the results of research organizations and programs and provide
information to the Government and the public.
(3) the selection of technical and programmatic resources and other products for
the operation of the information system of research, development and innovation, his spinners and
data elements, how to check the completeness of the information and the links between them and the
conceptual intention of the information system of research, development and innovation proposes
after consultation with the providers of the operator and Manager of data elements and
the dials of the information system of research, development and innovation (hereinafter referred to as
the "operator") and approved by the administrator of the information system research
development and innovation.
section 31
Rights and obligations when you pass and the provision of the information system
research, development and innovation
(1) a condition of the granting of the aid in a given calendar year is pass
information about the projects and activities of research, development and innovation
the provider and their inclusion in the information system research
development and innovation by the operator according to the conditions laid down by the administrator in
accordance with the provisions of § 30 paragraph. 3.
(2) the provider of a period of at least 15 days before the announcement of the public
competition in research, development and innovation shall transmit this data to the operator
public competition for the registration of a public competition in research, development and
innovation. Within 50 days from the date of the termination of a public competition in research,
development and innovation provider passes the provider information about the evaluation
This public contest. How to transfer data on the announced
public competitions in the research, development and innovation, and their evaluation
the provider of the operators of the implementing legislation.
(3) the information on the projects and their results, research activities,
development and innovation, and on the results of the research organisations achieved with
support, the recipient is obliged to give to the provider in the form and in the
the deadlines set by the provider in accordance with paragraphs 4 to 6. In
the same form and terms can pass the provider research organization
information on their other results obtained in the last 5 years.
The procedure for the transmission of data on the projects and activities of research, development and
innovation and results thereof by the recipient in the implementing providers
legal prescription.
(4) the provider shall forward the information about the projects or research activities,
development and innovation are supported from the budget chapter managers
within 50 calendar days
and from the beginning of the calendar year) for projects or research activities,
development and innovation in the past years and solved in a given year,
or
(b)) of the date of entry into force of the Treaty for aid, or
the enforceability of the decision concerning the granting of aid for the newly initiated
projects or activities of research, development and innovation.
(5) if in the course of a calendar year to a change of data transmitted by the
referred to in paragraph 4, the provider passes the new data on projects and
activities of research, development and innovation operators not later than 30
calendar days from the date when the change occurred, or was the provider
announced.
(6) the provider passes the provider information about the results of the research
organisations supported from the budget, including
their publication and data about their protection under the special law
legislation or implement (hereinafter referred to as "application"), no later than 150
calendar days from the beginning of the year, similar information about the results of projects
within 250 calendar days after the termination of the provision of aid, with the
the exception of the data on the results of projects which aid has been granted
According to § 3 (2). 2 (a). and in respect of which the time limit), the transmission operator shall be
730 days. The provider shall forward to the information system of research, development and
innovation and information on other results achieved in research organizations
over the past 5 years.
(7) the procedure for the transmission of data on the projects and their results,
activities of research, development and innovation, and of the results of research
organizations referred to in paragraphs 4 to 6 of the operator modifies the provider
the implementing legislation.
(8) the operator shall include in the information system of research, development and
upgrades the data submitted by the provider, which comply with the requirements
provided for in this Act, and shall notify the provider in
the period from the delivery of data to the
and) 10 calendar days for public competitions in the research, development,
and innovation, data about projects or data about the activities of research, development
and innovation,
(b)) 60 calendar days for data on the results of the projects and on the results of
research organisations.
(9) the data are considered to be included only in the event that the operator
confirm their inclusion in the information system of research, development and
innovation on the basis of the checks the completeness of the data. Procedure for the classification of data
passed to the provider of the information system of research, development and
innovation by the operator in accordance with paragraph 8 of the implementing law
prescription.
(10) the operator is obliged to carry out no later than 90 calendar days
Since the beginning of the calendar year following the inclusion of data in the
information system of research, development and innovation of control line between the
data of different providers, including checking their compliance with the data
in the previous years. When it detects a mismatch between the data
or if there is a change of special legislation to change the dials
or data elements of the information system of research, development and innovation
According to § 30 paragraph. 3, the operator is entitled to require from the provider
the correction of the data transmitted in accordance with the provisions of section 12 and section 31, paragraph. 5.
(11) the operator shall provide the information system of research, development and
innovation
and the public all the information) information system of research, development and
innovations that are protected by special legislation ^ 22),
in a manner enabling remote access,
(b)) to the provider on the basis of a written request, with all particulars of the information
the system of research, development and innovation, which has given him,
(c)) the beneficiaries on the basis of a written request, with all particulars of the information
the system of research, development and innovation of its projects and the results of it
achieved, which are protected by special legislation ^ 22),
(d) all the information manager) information system of research, development and
innovation,
e) other institutions and persons provided for by specific legislation of ^ 32)
or international treaties, the Czech Republic, the information provided for these
legislation or treaties.
(12) the method and timing of the provision of data from the information system research
development and innovation laid down detailed legal prescription.
§ 32
The content of the information system of research, development and innovation
(1) Central Registration of projects contain information indicating
the project, the name and subject of the project, the recipient, the Solver,
Another participant of the project and the person responsible for the project to him,
the duration of the project, the total cost of the project and their breakdown EUR
support with the indication of the amount of expenditure from the State budget, the degree of confidentiality
data and after their project of its revaluation by the provider.
The data of the central register of the projects laid down detailed legal prescription.
(2) the central registration activities of research, development and innovation, provides information
about
and the recipient and the amount of support)
1. the specific University research according to § 3 (2). 2 (a). (c)),
2. research organisations according to the evaluation of the results achieved by them
According to § 3 (2). 3 (b). and)
3. The Czech Republic international cooperation in research and development by
section 3 (3). 3 (b). (b)),
(b)) the amount of aid providers and programs pursuant to § 2 (2). 2 (a). (h))
and further information about
1. the name of the program, its objectives and the time of its duration,
2. the approved amount of aid for the implementation of the programme and in total
individual years solutions
3. the approval of the Government or the Government of a territorial self-governing unit,
4. assessment of the European Commission, if the program is announced
The European Commission,
5. the way of the publication of the current version of the program,
(c) the amount of the aid and providers) spent on
1. groups of grant-funded projects according to § 3 (2). 2 (a). and)
2. the security of public competition in research, development and innovation, or on
Award of a public contract according to § 3 (2). 3 (b). (d)),
3. the financial awards to exceptional results of the research, development and innovation, or
financial award of promotion and popularization of research, development and innovation
According to § 3 (2). 3 (b). (e)),
4. the costs associated with the activities of the Council for research, development and innovation,
The grant agency of the Czech Republic, the Czech Technology Agency
Republic and the Academy of Sciences of the Czech Republic according to § 3 (2). 3 (b). (f)).
The contents of the data of the central registration activities of research, development and innovation
lays down detailed legal prescription.
(3) the register contains the information about the results, in particular the information indicating
the result of the project, and the result was or source
resources from which he was supported by, the recipient, the authors of the result, the kind of
the result, the name of the result and its description, the year of the application of the result and the degree of
the confidentiality of data. The contents of the data register provides information on the results
the implementing legislation.
(4) the registration of a public competition in research, development and innovation has
information, including in particular the conditions of the public competition in research, development and
under section 17 of the innovation and its evaluation of the data referred to in section 31. The contents of the
the data records of public competitions in the research, development and innovation, provides for the
the implementing legislation.
(5) of the personal data may only be information system of research, development and innovation
only contain the name, surname, identity number and any academic
titles and scientific rank Solver or other natural persons
involved in the project or the authors of its results. If the Solver
or other natural person assigned to the birth number, then its name,
surname, nationality and identification code as determined by the administrator
information system of research, development and innovation, any academic
titles and scientific rank Solver and other workers involved in
the authors of the project or its results.
TITLE VIII
AUTHORITIES IN THE RESEARCH, DEVELOPMENT AND INNOVATION
section 33
The central administrative office is responsible for research and development
(1) the central administrative authority responsible for research and development is
The Ministry of education, youth and sports with the exception of the areas that
the Council provides for research, development and innovation under section 35.
(2) the Ministry of education, youth and sports is responsible for
and the Czech Republic), international cooperation in research and development, including the
negotiations with the authorities and institutions of the European communities and the individual
States of the European communities with competence for research and development and including the
the use of resources for research and development from the funds of the European Union,
(b) support large infrastructure concept),
(c) the specific University research)
(d) the performance of the administrative functions) of the central public administration authority for research and development
in accordance with the specific legislation ^ 32a).
(3) the Ministry of education, youth and sports, shall submit a report on the
the progress and results of cooperation in international bodies and organizations
after consultation with the Council for research, development and innovation to the Government and after consultation
the Government will publish this report.
§ 34
The Central and other administrative authorities responsible for research and development in the field of
their scope
(1) the Central and other administrative authorities, including the Ministry of education, youth
and sports, which are authorized to provide support from their
under section 4 of the budget chapter, correspond in its field of competence
in particular, for the
and the preparation of concepts, research) development and innovation and their implementation,
(b) preparation and implementation of programmes) in the scope of the provider, and other
activities of research, development and innovation,
(c)) public competition in research, development and innovation, announced by
This Act and the award of public works contracts, according to a special legal
code ^ 2) to provide support from their budgetary
chapters,
(d)) control the use of ad hoc or institutional support provided from the
their budgetary chapters, the objectives have been established, and
evaluation of the results achieved.
(2) the Central and other administrative authorities, which according to the law on the State
the budget of the Czech Republic does not provide support from their budget chapter
According to § 4, secure in its field of competence training programmes,
whose implementation will ensure the Technology Agency of the Czech Republic.
section 35
Council for research, development and innovation
(1) the Council for research, development and innovation is an expert and advisory body
the Government for the area of research, development and innovation.
(2) the Council for research, development and innovation performs the tasks pursuant to this Act, and
provides, in particular,
and the preparation of the national policy research), development and innovation, in cooperation with the
The Ministry of education, youth and sports and in accordance with the
the international treaties and its submission to the Government,
(b) the control of the implementation of the national policy) research, development and innovation in the form of
opinions on compliance programmes, research and development, submitted by the
providers with a national policy of research and development before approval
These government programs,
(c) the preparation of a methodology for evaluation of results) research organisations and
the results of completed programs, and its submission to the Government,
(d) the evaluation of the results of the research organisations) and the results of completed
programmes according to the methodology of the evaluation of the results of research organisations and
the results of completed programs approved by the Government,
(e) proposals for the members of the Bureau) and the President of the Agency's Technology
The Czech Republic and of the grant agency of the Czech Republic,
(f) applied research priorities) processing, development and innovation in the Czech
of the Republic,
(g) the processing of regular annual) analysis and assessment of the State of the research,
development and innovation in the Czech Republic and their comparison with foreign countries, and
their submission to the Government,
(h) the role of the administrator and operator) of the information system of research, development and
innovation according to § 30 and approved the rules of operation of the information system
research, development and innovation,
I) processing of opinions to the materials by the Government for the area
research, development and innovation,
j) discussions with the advisory bodies for research, development and innovation of the European
community and with defects for the research, development and innovation of the individual
the Member States of the European communities and other countries,
to design a medium-term perspective) the processing aid for research, development and
innovation,
l) proposal for the amount of the total expenditure on research, development and innovation of the individual
budget headings and their distribution proposal under section 5a,
m) the opinions of the processing of the application for authorization of research on human
embryonic stem cells or the application for amendment of the authorisation,
where appropriate, the request for authorisation to import human embryonic stem
cells, and this on the basis of the proposal of the advisory body, which is
Bioetická the Commission,
n) carrying out other tasks and obligations laid down by this law,
a special law or imposed by the Government.
(3) the Council for research, development and innovation has 17 members, including the Chairman. The members of the
Council for research, development and innovation with the exception of its President shall appoint
the Government on the proposal of the President of the Council for research, development and innovation, so that they
represented, in particular, the experts of basic research and applied
research, development and innovation.
(4) the members of the Council for research, development and innovation with the exception of its President
referring to the proposal by the President, the Government Council for research, development and innovation. A member of the
Council for research, development and innovation, may in writing request the President of the Council for the
research, development and innovation of the proposal to the Government on its appeal of the
This function. Until the Government decides on the proposal to his appeal,
remains a member of the Council for research, development and innovation.
(5) the Council bodies for research, development and innovation are the Chairman and the
the Bureau. Chairman of the Council for research, development and innovation is a member of the
the Government. The President of the Council for research, development and innovation shall be appointed and dismissed by the
the Government on the proposal of the Prime Minister. The Bureau of the Council for research, development and
innovation forms the President of the Council for research, development and innovation, and three
the Vice-Presidents, elected by the members of the Council for research, development and innovation.
The Bureau manages the work of the Council for research, development and innovation among its
the meetings and coordinates the activities of the advisory bodies of the Council for research, development
and innovation.
(6) the membership of the Council for research, development and innovation is a public function,
that does not constitute employment relationship ^ 33) to the Czech Republic. For performance
This public function belongs to the reward, whose amount is determined by the Government, and travel
the compensation that is provided in the amount and under the conditions laid down in the code of
work ^ 34). The term of Office of the members of the Council for research, development and innovation is
the four-year. Member of the Council for research, development and innovation can be appointed
no more than two consecutive terms of Office.
(7) the Council for research, development and innovation constitute as professional and
consultative bodies, in particular,
and Commission for processing) priorities for applied research, development and
innovation of the Czech Republic in individual areas of applied research,
development and innovation,
(b) the Commission for the evaluation of results) research organizations and completed
programs,
(c)) Bioetickou Commission, which handles documents for solution of tasks of the Council
for the research, development and innovation related to the bioetickými aspects of research and
development, in particular the proposals of the expert advice of the Council for research, development and
innovation on permit applications for research on human embryonic
stem cells, or requests for a change of this permit, where applicable, to the
applications for authorisation to import human embryonic stem cells.
The Chairman of the Commission is a member of the bio-ethical Council for research, development and innovation.
(8) the Membership in professional bodies and Advisory Council for research, development and
innovation does not constitute employment relationship ^ 33) to the Czech Republic. For performance
This public function belongs to the reward, whose amount is determined by the President of the Council for the
research, development and innovation, and travel allowances, which are of
and under the conditions laid down by the Labour Code ^ 34).
(9) the Members of the Expert Council and advisory bodies for research, development and innovation
chosen from the leading experts for this area of research, development and innovation
Council for research, development and innovation, and his name is on the Council's proposal and for
research, development and innovation refers to its Chairman.
section 36
Grant agency of the Czech Republic
(1) the grant agency of the Czech Republic is the organizational component of the State and
Administrator of the budget chapter. Grant agency of the Czech Republic is
a separate entity and operate independently with the purpose and
institutional funds allocated by the law on the State budget
Of the Czech Republic. The seat of the grant agency of the Czech Republic is Prague.
(2) the grant agency of the Czech Republic secures the
and) preparation and implementation groups of grant-funded projects and other activities in the
basic research, including public competition in research, development
and innovation in support of grant-funded projects,
(b)) the assessment and selection of proposals, grant projects
(c)) the provision of support grant projects on the basis of contracts for
the grant of aid or the decision on the grant of the aid,
(d) monitoring of the implementation of the treaties) the grant of aid or the decision on the
aid and drawing support,
e) evaluation and control over the solution and the implementation of the objectives of the grant
projects and the control of their achievements,
(f) processing expenses) of the grant agency of the Czech Republic and
its activities,
(g)) negotiations with the competent authorities of the Czech Republic or the European Union in
the question of the assessment of the compatibility of the aid with the common market,
(h) cooperation with similar foreign) agencies.
(3) the authorities of the grant agency of the Czech Republic are the President, the
the Bureau, the Scientific Council and Board of control grant agency of the Czech
of the Republic. Members of the Scientific Council of the grant agency of the Czech Republic
is a public function, which does not constitute employment relationship ^ 33) to Czech
Republic. For the performance of public functions belong to the reward, whose amount
provides government and travel allowances, which is supplied in the amount and under
the conditions laid down by the Labour Code ^ 34). The Chairman and the members of the
the Bureau of the grant agency of the Czech Republic shall be exercised by the function in the
employment relationship. Remuneration of the Chairman and members of the Bureau
The grant agency of the Czech Republic is governed by the law of the
governing the remuneration of staff in the bodies of State administration ^ 35).
(4) the President of the grant agency of the Czech Republic represents a grant
the Agency of the Czech Republic and acts on its behalf in all its
matters. The President of the grant agency of the Czech Republic shall appoint from the members of the
the Bureau of the grant agency of the Czech Republic and refers to the proposal for a
Council for research, development and innovation of the Government.
(5) the Board of the grant agency of the Czech Republic is the Executive authority
The grant agency of the Czech Republic, who approves the publication of public
competition in research and development, shall decide on the conclusion of contracts for the provision of
support or the release of the decision granting the aid, the Government
to approve the draft statute of the grant agency of the Czech Republic and its
changes and submit the draft budget of the grant agency of the Czech Republic.
The Bureau of the grant agency of the Czech Republic has five members. Functional
the members of the Bureau of the grant agency of the Czech Republic is
four years with the possibility of appointing no more than two consecutive periods
the following. Members of the Bureau of the grant agency of the Czech Republic
appointed and recalled by the Government on the proposal of the Council for research and development.
The Bureau of the grant agency of the Czech Republic shall coordinate the activities of the
Industry Commission as advisory bodies of the grant agency of the Czech
Republic, which assesses and evaluates the proposals for grant projects with
applications for the grant of the aid.
(6) the Scientific Council of the grant agency of the Czech Republic is a conceptual
authority of the grant agency of the Czech Republic, which proposes, in particular,
the Bureau of the grant agency of the Czech Republic Constitution and focus
Industry Commission, the Group of grant projects and their focus,
evaluates the scientific level of the grant agency of the Czech Republic and
proposes the necessary measures. The Scientific Council of the grant agency of the Czech
Republic has twelve members from the ranks of experts shall be appointed and dismissed by the
the Government on the proposal of the Council for research, development and innovation.
(7) the Supervisory Board of the grant agency of the Czech Republic is the control
authority of the grant agency of the Czech Republic, which controls the distribution of the
the financial resources of the grant agency of the Czech Republic and the management of
the property of the State, to which the grant agency of the Czech Republic
jurisdiction, hears complaints on how the provider
in the evaluation of the proposal of the grant project, and by their
the opinion of the Bureau of the grant agency of the Czech Republic. The opinions,
which are issued in the framework of the competence of the Supervisory Council of the grant agency
The Czech Republic, for the Bureau of the grant agency of the Czech
Republic of binding. The Control Board of the grant agency of the Czech Republic has
ten members from the ranks of experts appointed by the Chamber of Deputies on the draft
legal persons engaged in research and development. The term of Office
the members of the Supervisory Council of the grant agency of the Czech Republic is four years with
the possibility of appointing no more than two consecutive periods. Control
the Council of the grant agency of the Czech Republic shall submit to the Chamber of Deputies
an annual report on its activities. The Chamber of Deputies may appeal
the Control Board of the grant agency of the Czech Republic, if repeatedly
approve the annual report. Members of the control Council of the grant agency of the Czech
Republic may be granted for the performance of their duties. The amount of remuneration
determined based on the reports of the activities of the control Council of the grant agency
The Czech Republic on the proposal of the Chamber of Deputies the competent Committee in the
Science matters, the Chamber of Deputies. The Control Board of the grant agency of the Czech
of the Republic shall submit to the Committee of the Chamber of Deputies the competent in matters of
Science at least once in 6 months information on the activities of the grant agency
The Czech Republic, including information about each public competitions in
research, development and innovation.
§ 36a
Technology Agency of the Czech Republic
(1) there is hereby established a technology agency based in the Czech Republic
Prague.
(2) the Technology Agency of the Czech Republic is the organizational component of the State
and the administrator of the budget chapter. Technology Agency of the Czech Republic
It is a separate entity and operate independently with the purpose and
institutional funds allocated by the law on the State budget
Of the Czech Republic. Technology Agency of the Czech Republic is obliged to have
financial statements certified by the auditor.
(3) the Technology Agency of the Czech Republic provides:
and the preparation and implementation of programmes), applied research, development and innovation
including programmes for the needs of public administration, public competitions in
research, development and innovation, to support projects and the award of public
contracts,
(b)) program evaluation and selection of project proposals,
(c) provision of support to) solving programming projects
the basis of the contracts for the grant of the aid or the decision granting
support,
(d) monitoring of the implementation of the treaties) the grant of aid or the decision on the
aid and drawing support,
e) evaluation and control over the solution and fulfilment of the objectives of the programme
projects and the control of their achievements,
(f) the processing of expenditure) the Technology Agency of the Czech Republic and
reports on its activities,
g) advice partners projects and users of the results of the applied
research, development and innovation, in particular in the areas of legal, financial, and protection
intellectual property,
h) support communication between the research organisations and the private sector
and mutual financing program projects
I) is with the competent authorities of the Czech Republic or the European Union in
the question of the assessment of the compatibility of the aid with the common market,
j) cooperation with other similar foreign agencies.
(4) the authorities of the Czech Republic are Technological agency Chairman,
the Bureau, the Research Council and Control Board Technology Agency
Of the Czech Republic. The functions of the members of the Research Council's Technology Agency
The Czech Republic is a public function, which does not constitute employment
relationship ^ 33) to the Czech Republic. For the performance of public functions belong to the
reward, whose amount is determined by the Government, and travel allowances, which are
provide in the amount and under the conditions laid down by the Labour Code ^ 34).
The Chairman and the members of the Bureau of Technology Agency of the Czech Republic
they perform the function of the employment relationship. Remuneration of the Chairman and the members of the
Bureau of Technology Agency of the Czech Republic is governed by the laws
regulations governing the remuneration of staff in the bodies of State
^ management 35).
(5) the President shall represent the Technology Agency of Czech Republic
Technology Agency of the Czech Republic and acts on its behalf in
all of her things. The Chairman of the Technology Agency of the Czech Republic
shall appoint from among the members of the Bureau of Technology Agency of the Czech Republic and
refers to the Council's proposal for the research, development and innovation of the Government.
(6) the Bureau of Technology Agency of the Czech Republic is the Executive
authority of the Technology Agency of the Czech Republic, which approves the
announcement of public competition in research, development and innovation, decides on the
the conclusion of contracts for the provision of support or for the issue of a decision on
the granting of aid shall be submitted to the Government for approval a draft of the Statute
Technology Agency of the Czech Republic and its changes and submit a proposal
budget Technology Agency of the Czech Republic. The Bureau of the
Technology Agency of the Czech Republic has five members. The term of Office
the members of the Bureau of Technology Agency of the Czech Republic is a four-year
with the possibility of appointing no more than two consecutive periods. The members of the
Bureau of Technology Agency of the Czech Republic shall be appointed and dismissed by the
the Government on the proposal of the Council for research, development and innovation. The Bureau of the
Technology Agency of the Czech Republic shall coordinate the activities of the sectoral
the Commission, as the Agency's Technological advisory bodies of the Czech Republic,
assessing and evaluating the project proposals with requests for the granting of the aid.
(7) the Research Council Technology Agency of the Czech Republic is a conceptual
authority of the Technology Agency of the Czech Republic, which proposes, in particular,
Bureau of Technology and the establishment of the Agency of the Czech Republic
the focus of the Trade Commission, expressed to the programs applied
research, development and innovation, evaluates the level of Technological
the Agency of the Czech Republic and proposes the necessary measures. Research Council
Technology Agency of the Czech Republic, which has 12 members from the ranks of
experts appointed and recalled by the Government on the proposal of the Council for research, development and
innovation.
(8) the control Council of the Technology Agency of the Czech Republic is the control
authority of the Technology Agency of the Czech Republic, which controls
the distribution of the financial resources of the Agency's Technology the Czech
Republic and the management of the property of the State, which has a Technology
the Agency of the Czech Republic jurisdiction, hears complaints
on how to design software provider in the evaluation of the project, and
submitting their views to the Bureau of the Agency's Technology
Of the Czech Republic. The Control Board of the Technology Agency of the Czech Republic
It is entitled to request inspection of distribution of funds
an independent audit. Opinions that are issued in the framework of the competence of the
the Control Board, the Bureau of the Agency for Technological Czech
Republic of binding. The control Technology of the Agency, the Council of the Czech
Republic has ten members from the ranks of experts appointed by the Chamber of
the Chamber of Deputies on the draft legal persons engaged in research and development.
The term of Office of members of the control Council of the Czech Technology Agency
the Republic is four years, with the possibility of appointing no more than two periods after
se the following. The Control Board of the Technology Agency of the Czech Republic
the Chamber of Deputies shall submit an annual report on its activities. Chamber
the Chamber of Deputies may revoke the Agency's Technology Council of the Czech
Republic, if you repeatedly not to approve the annual report. The members of the supervisory
Council of Technology Agency of the Czech Republic can be awarded for performance
their duties. The amount of remuneration shall be based on the reports on the activities of the
the Control Board of the Agency of the Czech Republic on the Technological design of the Committee
The Chamber of Deputies the competent in matters of science, the Chamber of Deputies.
The control Technology of the Agency of the Czech Republic, the Council shall submit to the Committee a
The Chamber of Deputies the competent in matters of science, at least once per 6
information on the activities of the technology months Agency of the Czech Republic
including information about each public competitions in the research, development,
and innovation.
TITLE IX OF THE
TERRITORIAL SELF-GOVERNING UNITS
§ 37
Territorial self-governing units follow this law by analogy and according to
the provisions of sections 5 and 6 apply mutatis mutandis; the provisions of § 5 (3). 2 sentence third and § 5a
paragraph. 4 do not apply.
TITLE X
TRANSITIONAL AND THE ENABLING PROVISIONS
section 38
Transitional provisions
(1) the legal relations in the field of research and development, which is modified.
This law, incurred prior to the date of entry into force of this Act
apply the existing legislation.
(2) proposals For research projects with the proposed date of commencement of the 1.
January 2004 lays down requirements for the submission of the research provider
plan under section 27. 1 within 30 calendar days from the date of acquisition
the effectiveness of government regulation of the institutional research and development support and
Guest research plans under section 39. Tenderers shall submit a
proposals to the research objectives with the providers to the proposed date of commencement
from the 1. January 2004 to 90 calendar days from the determination of the requirements for the
presentation of the research project by the provider.
(3) the members of the Supervisory Board, the election of the grant agency of the Czech Republic
before the date of entry into force of this law shall become members of the supervisory
the Council of the grant agency of the Czech Republic. Their term remains
preserved.
section 39
The enabling provisions
The Government will issue a regulation for the implementation of section 13 (3). 4, section 31, paragraph. 2, 3, 7, 9 and
and section 32, paragraph 12. 1 to 4.
TITLE XI
COMMON AND FINAL PROVISIONS
section 40
Common provisions
If the provisions of the international treaty, which the Czech Republic is bound by the
and which was approved by the Parliament and promulgated in the collection of laws or
The collection of international treaties, provides for something other than this Act,
the provisions of the international treaty shall apply.
§ 41
Cancellation provisions
Shall be deleted:
1. Act No. 300/1992 Coll., on State support of scientific activities and the development
technology.
2. Law No. 1/1995 Coll., amending and supplementing Act of the Czech national
Council No. 300/1992 Coll., on State support of scientific activities and the development
technology.
PART THE SECOND
cancelled
section 42
cancelled
PART THE THIRD
cancelled
§ 43
cancelled
PART THE FOURTH
Amendment of the Act No. 220/2000 Coll., on amendments to certain acts in the context of
with the adoption of the Act on property in the Czech Republic and its performance in
legal relations
§ 44
In the Act No. 220/2000 Coll., on amendments to certain acts in connection with the
the adoption of the Act on property in the Czech Republic and its performance in
legal relations, as amended by law no 364/2000 Coll., part ten
repealed.
PART THE FIFTH
The EFFECTIVENESS of the
section 45
(1) this law shall enter into force on 1 January 2005. July 2002.
(2) the provisions of § 4, paragraph 4. 6 and § 18 paragraph. 9 (a). (b)), and (c)) shall cease to
the validity of the entry into force of the Treaty of accession of the Czech Republic to the European
Union enters into force.
Klaus r.
Havel in r.
in the from the. r. Rychetský in
Selected provisions of the novel
section 24 of Act No. 227/2006 Sb.
The transitional provisions of Act No. 130/2002 Sb.
The Council shall establish a Bioetickou to the Commission as its advisory body and shall approve its
Statute and rules of procedure within 2 months from the date of entry into force of this
the law. In the Statute of the Council in particular modifies the way of solving conflicts of interest, and
so, in order to ensure independence in the processing of the draft opinion to the
application for authorization to conduct research on human embryonic stem
cells or the application for amendment of the authorisation.
Article. (II) Act No. 171/2007 Sb.
The transitional provisions of the
Act No. 130/2002 Coll., on research and development support from the public
resources and amending certain related laws (Act on the promotion of
research and development), in the wording of later regulations, as amended by this Act,
for the first time be used for institutional support launched and ongoing
from the 1. January 1, 2007.
Article. (II) Act No. 110/2009 Sb.
Transitional provisions
1. The legal relations in the field of research and development incurred before the date of
the entry into force of this law shall be subject to the current legislation.
2. Research projects, whose solution was initiated and to which the provider
issued a decision granting the aid before 31 December 2005. in December 2006, the
end no later than 31 December 1985. December 2011. The 2010 recipients
institutional support for these research projects provide the means in
of two thirds of the volume of expenditure from the State budget as referred to in
the decision to grant aid, in 2011 in the amount of one third of the
the volume of expenditure from the State budget as referred to in the decision granting
the aid.
3. Research projects, whose solution was initiated and to which the provider
It has issued a decision on the granting of aid for the period from 1. January 2007 to date
the entry into force of this law, shall be completed no later than 31 December 1985. December
13. In 2012 with the recipients of institutional support on these research
projects provide resources in the amount of two-thirds of the volume of expenditure of the
the State budget as referred to in the decision to grant aid, in
2013, amounting to one third of the volume of expenditure from the State budget as referred to in
the decision to grant aid.
4. Research projects, whose solution was initiated, and which issued the
the decision to grant the aid provider at 5 or 6 years before the date of
the entry into force of this Act, the provider may be extended up to 7
years, until 31 December 2006. December 2011. Terms of the extension in accordance
with point 2 lays down the provider and shall issue a decision on the change of the amount recognised
costs and the institutional support of the research plan.
5. For research organisations, which are not subject to points 2 to 4,
the provisions of Act No. 130/2002 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, for the first time apply from 1. January of the year following
After a year of the entry into force of this law.
6. the Council for research and development in accordance with § 35 paragraph. 6 of Act No. 130/2002 Sb.
in the texts of the effective to date of the entry into force of this law, shall be deemed to
Council for research, development and innovation in accordance with § 35 paragraph. 6 of Act No. 130/2002
Coll., as amended, effective from the date of entry into force of this Act. To
term of Office of a member of the Council for research, development and innovation in accordance with § 35
paragraph. 6 of Act No. 130/2002 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, shall be reallocated and the duration of its term of Office of a member of
The Council for research and development in accordance with § 35 paragraph. 6 Act No. 130/2002 SB., in the
the texts of the effective to date of the entry into force of this law.
7. within 4 months from the entry into force of this Act, the Government shall appoint a
Bureau of Technology Agency of the Czech Republic and its
the Statute.
Article. (II) Act No. 469/2011 Sb.
The transitional provisions of the
The public competition in research, experimental development and innovation
announced before the effectiveness of this law shall be subject to the existing
the legislation.
1) for example, the commercial code, Act No. 77/1997 Coll., on the State of the undertaking,
in the wording of later regulations.
2) Act No 137/2006 Coll., on public procurement, as amended
regulations.
2A) section 3 (3). 1 and 2 of Act No. 283/1992 Coll., on the Czech Academy of Sciences
of the Republic.
section 91, paragraph 3). 2 (a). c) of Act No. 111/1998 Coll., on universities and
change and the addition of other laws (the law on universities), as amended by
Act No. 552/2005 Sb.
4) § 3 (3). 1 and 2 of Act No. 283/1992 Coll., on the Czech Academy of Sciences
Republic, as amended.
5) of Council Regulation (EC) no 659/1999 of 22 March 1999. 3.1999, laying down the
detailed rules for applying article 93 of the EC Treaty. Commission Regulation (EC) No.
794/2004 of 21 April 2004. 4.2004 implementing Council Regulation (EC) No.
659/1999 laying down detailed rules for the application of article 93 of the EC Treaty.
5A), for example, section 8 of Act No 148/1998 Coll., on the protection of classified
facts and amendment to certain laws.
6) section 12 and 13 of Act No. 218/2000 Coll., on the budgetary rules and the
changes to some related acts (budgetary rules), as amended by
Law No 26/2008 Sb.
7) § 3 (b). (g)) of Act No. 218/2000 Sb.
7A) articles 87 to 89 of the EC Treaty.
Commission Regulation (EC) No 1998/2006 of 15 March 2006. 12.2006 on the application of articles
87 and 88 of the EC Treaty to de minimis aid.
Commission Regulation (EC) No 70/2001 of 12 January 2001. 1. the use of articles 87
and 88 of the EC Treaty to state aid to small and medium-sized enterprises, as
the text of the.
The Community framework for State aid for research, development and innovation, the official
Journal of the European Union of 30 April. 12.2006, C 323/01.
7B) Research Assessment Exercise.
7 c) Act No. 563/1991 Coll., on accounting, as amended.
8) Law No 218/2000 Coll., as amended.
Law No 250/2000 Coll., on the budgetary rules of the local budgets.
10) Act No. 148/1998 Coll., on the protection of classified information and on the change
certain acts, as amended. The commercial code.
11) Law No 218/2000 Coll., as amended.
12) Act No. 106/1999 Coll., on free access to information in the text of the
amended.
13) Law No 218/2000 Coll., as amended.
Law No 250/2000 Sb.
Act No. 563/1991 Coll., as amended.
14) of law No 412/2005 Coll., on the protection of classified information and on the
Security eligibility.
15) section 39 of law No. 218/2000 Coll., as amended.
section 15 of law no 250/2000 Coll., as amended by Act No. 320/2001 Coll.
Act No. 320/2001 Coll., on financial control in the public administration and
Some laws (law on financial control), as amended
regulations. ".
16) sections 10 and 11 of Act No. 59/2000 Sb.
17) Act No. 527/1990 Coll., on inventions and improvement proposals, in
as amended.
Act No. 529/1991 Coll., on the protection of topographies of semiconductor products, in
the text of Act No. 116/2000 Sb.
Act No. 478/1992 Coll. on utility models, as amended by Act No. 116/2000
SB.
Law No. 206/2000 Coll., on the protection of biotechnological inventions and amending
Act No. 132/1989 Coll., on the protection of rights to new varieties of plants and
breeds of animals, as amended by Act No. 93/1996 Coll.
Act No. 207/2000 Coll., on the protection of industrial designs and on the amendment of Act No.
527/1990 Coll., on inventions, industrial designs and its improvement
the proposals, as amended.
Act No. 408/2000 Coll., on the protection of rights to plant varieties and amending
Act No. 92/1996 Coll., on plant varieties, seed and planting material of cultivated plants,
as amended, (the Act on the protection of the rights to the varieties).
18) for example, law No. 121/2000 Coll. on copyright, rights
related to copyright and on the amendment of certain laws (copyright
Act), Act No. 527/1990 Coll., as amended, law No.
529/1991 Coll., as amended by Act No. 116/2000 Coll., Act No. 478/1992 Coll.,
as amended by law No. 116/2000 Coll., Act No. 206/2000 Coll., as amended by law
No. 93/1996 Coll., Act No. 408/2000 Coll., as amended.
18A) articles 32 to 38 of the Treaty establishing the European Community, in
as amended.
Article 9 of the Community framework for State aid for research, development and
Innovation (published in the official journal of 30 March 2004. 12.2006 under no 2006/C
323/01).
19) Act No. 527/1990 Coll., as amended.
Act No. 408/2000 Coll., as amended.
20) Act No 227/2000 Coll., on electronic signature and amending certain
other laws (the law on electronic signature).
21) Act No. 148/1998 Coll., as amended.
Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
The commercial code.
22) Act No. 148/1998 Coll., as amended.
Law No. 101/2000 Coll., as amended.
Act No. 106/1999 Coll., as amended.
Law No. 121/2000 Coll.
The commercial code.
23 for example, the Trade Act), Act No 246/1992 Coll., on the protection of
animals against cruelty, as amended, and the Decree No.
311/1997 Coll., on the breeding and use of experimental animals.
24) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
25) criminal law.
26), for example, Act No 246/1992 Coll., as amended, and
Decree No. 311/1997.
27) Law No. 269/1994 Coll., on criminal records, as amended
regulations.
27A) for example, § 17 paragraph. 4 of law No 341/2005 Coll., on public
research institutions.
28) Notice No 96/2000 Sb. m. s., concerning decision No 1/99 of the Council
Association between the European communities and their Member States, of the
one part, and the Czech Republic on the other side of 30. July
1999 on the acceptance of the terms and conditions for the participation of the Czech Republic in the programmes
The community in the field of research, technological development and demonstration activities
(1998-2002) and in programmes for research and training (1998-2002).
29) Law No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
amended.
31) Law No 365/2000 Coll., on public administration and information systems of the
Amendment of some other acts.
for example, 32) Law No. 123/1998 Coll., on the right to information on the
the environment, as amended.
32a) Law No 341/2005 Coll., on public research institutions, in
as amended.
Act No 227/2006 Coll., on research on human embryonic stem
cells and related activities and on the amendment of certain related
laws.
Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and the
amendment to certain acts, as amended.
33) section 3, second sentence, of the labour code.
34) part seven of the labour code.
35) Government regulations no 564/2006 Coll., determining the emoluments of the employees in the
public service and administration, as amended.