The Law On The Promotion Of Research, Experimental Development And Innovation

Original Language Title: zákon o podpoře výzkumu, experimentálního vývoje a inovací

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53306&nr=130~2F2002~20Sb.&ft=txt

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.