About The Information System Research, Experimental Development And Innovation

Original Language Title: o informačním systému výzkumu, experimentálního vývoje a inovací

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=69642&nr=397~2F2009~20Sb.&ft=txt

397/2009 Sb.



GOVERNMENT REGULATION



of 19 December 2003. October 2009



about the information system research, experimental development and innovation



Government decrees for the implementation of Act No. 130/2002 Coll., on the promotion of research,

experimental development and innovation of public funds and amending

some related laws (Act on the promotion of research,

experimental development and innovation), as amended by law No. 41/2004 Coll.

Act No. 215/2004 Coll., Act No. 340/2005 Coll., Act No. 413/2005 Coll.

Act No. 81/2006 Coll., Act No. 227/2006 Coll., Act No. 171/2007 Coll.

Act No. 296/2007 Coll., Act No. 124/2008 Coll. and Act No. 110/2009

Coll. (hereinafter the "Act"):



§ 1



Definition of terms



For the purposes of this regulation, means a



and) information system information system research, experimental

development and innovation under section 30 and the following of the Act,



(b)) the development of experimental development according to § 2 (2). 1 (b). (c)) of the Act,



(c) data identification code), which clearly specifies in the information

System



1. a public competition in research, development and innovation under section 17 and

following the law,



2. the project according to § 2 (2). 2 (a). I) of the Act,



3. Another activity of research, development and innovation, on which you can provide

support pursuant to § 3 of the Act,



4. the result according to § 2 (2). 2 (a). to) Act, or



5. a natural person who has not been assigned a social security number, and that is

created according to the rules laid down by the information system administrator ^ 1)

(hereinafter referred to as the "Administrator"),



d) provider certified cytology request form document containing the information

set by the administrator, that uniquely identify a file being passed

data and information about the result of the completeness check passed

data and the links between them (hereinafter referred to as the "check data")

.



§ 2



The central register of information projects



(§ 32 para. 1 of the law)



(1) the data central register projects include



and) identification code of the project, its name in the language in which it was

the project submitted and approved (hereinafter referred to as "the original language of the project"), and in

English language and labelling program or groups of grant-funded projects,



(b) basic data on beneficiaries) and another participant in the project, which

are



1. the trade name or name, or the name and surname of the natural person

or designation of the organizational units of State or local government

a whole, the identification number, if assigned, for legal persons that

cannot have an identification number, the State in which it is registered,

the legal form of a legal person, its registered office or place of residence and place of

business, and address on the public network and address

electronic mail, if any, and



2. information about the company's organizational folder ' ^ 2 '), a component of the public high school

or other internal organisational unit of the recipient or another participant

the project, if this business unit carries out on the basis of another

law ^ 3), provisioning of the Charter or any other relevant document

the rights and obligations associated with the solution or part of the project, or



3. first and last name, academic degrees and graduate

(hereinafter referred to as "degrees"), social security number, place of residence of a natural person,

If this person is not a citizen of the United States, its name and

last name, title, nationality, and social security number or, if the

has not been allocated, the identification code, and the address in the public

information network (Internet address) and e-mail address, if

There are; If the recipient or another participant of the project, the same as the person

referred to in point (c)), only the following personal data about them only the information

referred to in subparagraph (c)),



c) basic information about the person responsible recipients for professional level

project or about another person, the person responsible for the project

the project, or other natural person involved in

the project, which are



1. name, surname, titles, and social security number; If this person is

a citizen of the United States, her first and last names, titles, State

jurisdiction and your social security number or, if she was not assigned,

identification code,



2. electronic or dial-up connection to these persons,



(d)) the start and end dates of the project in accordance with the Treaty on the

the grant of aid or by the decision to grant aid, the term

commencement and termination of the provision of support and in Czech and English

the language of the State of progress of the project, or its justification, and

information about changes to the Treaty, to grant the aid decision or

grant of the aid,



e) subject matter and objectives of the project in the original language of the project and in the

the English language, the scope of the research, development and innovation, and the resolution of the project

According to § 2 (2). 1 of the Act,



f) recognized by the cost of the project, the amount of support with an indication of the amount of the expenditure

the State budget, broken down by the beneficiaries and other participants in the project,

and this for the entire period of the project and for each year of the project,



g) identification code of public competition in research, development and innovation,

If there is a contract for the provision of support or issues decision

the granting of aid on the basis of the outcome of public competition in research,

development and innovation,



h) identification codes of other projects, on which the recipient

involved in that are listed in the information system, and fixes a similar

the issue,



I) brief project assessment provider after termination of the solution in

Czech and English languages,



(j) the protection of the data provided) definition according to other legal

^ 4) Regulations (hereinafter referred to as "the degree of confidentiality"),



the information provided for the administrator to) that uniquely identifies the file being passed

data,



l) for more information related to the support provided for other legal

^ 5) legislation or international obligations of the United States.



(2) if the contract or the decision to grant support

the aid relates to multiple recipients, the information referred to in paragraph 1 (b). (b)), (c)),

(f)), and (h)) are given about each of them. If the project involved

more of the other participants in the project, only the information referred to in paragraph 1

(a). b), c) and (f)) about each of them.



§ 3



Details of the central register of activities of research, development and innovation



(§ 32 para. 2 of the Act)



Details of the central register of activities of research, development and innovation include



and higher) for aid of the specific research pursuant to § 3 (2). 2

(a). (c)) law, in support of a research organisation in accordance with § 3 (1). 3 (b).

and) of the Act and of the promotion of international cooperation in the Czech Republic

research and development in accordance with § 3 (1). 3 (b). (b)) of the Act



1. General information about the recipients, which are the business name or name,

where appropriate, indication of the organizational units of the United States or territorial

Government Unit, the identification number, if any, its registered office and

the legal form of a legal entity, the address of the public information network and the

electronic mail address, if any, or the information about the Organization

folder, the internal organizational unit or components responsible for based on

another law ^ 3), incorporation of the Charter, Charter or

another proof of the establishment or establishment of the implementation of the exercise of the rights and

obligations related to the implementation of the research, development and innovation, if

There are,



2. Description of the activity and its objectives, if they are determined, in the Czech and

the English language,



3. information on the enforceability of the decision to grant aid, the term

begin providing support in a given year,



4. the data on the amount of aid granted in a given year,



5. the information specified by the administrator that uniquely identifies the file being passed

data,



6. other information related to the support provided for other legal

^ 5) legislation or international obligations of the United States,



(b)) for aid to a group of grant projects in accordance with § 3 (1). 2 (a). and)

the law and the programme under section 3 (1). 2 (a). (b) the particulars of the Act)



1. the provider,



2. the name of the group or program grant-funded projects and their objectives, in

Czech and English languages,



3. the duration of the group grant projects or programme,



4. the approved amount of aid for the implementation of the programme of total and individual

years of solution



5. the approval of the programme by the Government or by representation of spatial

Government body,



6. the result of any assessment by the European Commission,



7. the method of publication of the current version of the program,



8. the amount of aid actually spent on grant-funded projects or group

the program for each year,



(c)) for expenditure on the security of public competition in research, development and

innovation or to the award of a contract pursuant to § 3 (2). 3 (b). (d))

the law on financial awards to exceptional results or financial awards

promotion and popularization of research, development and innovation in accordance with § 3 (1). 3

(a). e) of the Act and for the costs associated with the work of the Council for research, development

and innovation, the grant agency of the Czech Republic, the Agency's Technology

The United States and the Academy of Sciences of the Czech Republic pursuant to § 3 (2). 3 (b).

(f) the particulars of the Act)



1. the provider,



2. the amount of the aid granted in individual years.



§ 4



Data register, information on the results



(§ 32 para. 3 of the Act)



The data include information on the results index



and the result, and identification code), its name in the language in which it was


the result published (hereinafter referred to as "the original language of the result"), and in English

language,



(b) project identification code), whose solution the result, or

the information that this is a result achieved mainly



1. in the context of the specific support of University research in accordance with § 3 (1).

2 (a). (c)) of the Act, support research organisations according to § 3 (2). 3

(a). and support) Act, on international cooperation in the Czech Republic

research and development in accordance with § 3 (1). 3 (b). (b)) of the Act,



2. in the context of aid not included in paragraph 1, or



3. in the framework of the activities of research, development and innovation without the aid granted,



c) basic data according to § 2 (2). 1 (b). (b)) and § 3 (b). point 1)

recipients, or to the next participant in the project, that the outcome of the

reached,



(d)) the total number of authors, agents or other individuals

involved in the achievement of the outcome and having similar rights to

the result) (hereinafter referred to as "creators"), of which the number of artists who were in

employment or similar relationship to the beneficiary or to the research

the Organization, which is another participant in the project,



e) name, surname and social security numbers of creators, and if they are not the creators of the State

citizens of the Czech Republic, their names, surname, nationality and

social security numbers or, if they have not been allocated, the identification code,



(f) the enumeration of the names of the creators) in the form of publication or other kinds of

the result,



(g)) the type of the result, which is a publication, demonstration carried out by direct

events, results, protected on the basis of other legislation ^ 6)

the results of the applied to the market or other products; only if the results of the

containing classified information under another law ^ 7)

for the type of the result is considered also the research report,



h) description of the result in the original language and in the English language,



I) data, specifying the result,



(j) the scope of the result)



the application of outcome data) according to § 31 para. 6 of the Act, including the year

the application of the results,



l) the degree of confidentiality,



m) particulars specified by an administrator that uniquely identifies the file being passed

data,



n) for more information related to the support provided for other legal

^ 5) legislation or international obligations of the United States.



§ 5



Data records of public competition in research, development and innovation



(§ 32 para. 4 of the Act)



Data records of public competition in research, development and innovation

include



and) basic data on the public competition in research, development and innovation,

which are the



1. the identification code of the public competition in research, development and innovation, and

program or group grant projects,



2. at the date of its approval by the Government program, the number of the resolution of the Government, the year

the start and end of the program, or information about the outcome of the assessment of the

The European Commission, if the program was notified to the European Commission,



(b) the provider, data) that a public competition in research, development and

innovation is announced,



(c) the publication and) details of the conditions of a public competition in research, development and

innovation, which are



1. the date of announcement of public competition in research, development and innovation in the

The business journal, times, defining the beginning and the end of the competition

time limits and the evaluation period, the date envisaged for the commencement of solutions

date envisaged for the commencement of projects and the granting of aid,



2. the method of administration of project design in Czech and English language,



3. the method of public notification of the result of the competition in research, development and

innovation in Czech and English language,



4. the total amount of support allocated by the provider on the subject

public competition in research, development and innovation, and its breakdown in

each year,



5. conditions of public competition in research, development and innovation, including

reasons for non-acceptance, dispose of or exclusion from this design project

public competition, the project proposal evaluation criteria and requirements

proof of competency, in Czech and English language,



6. information on the location of the specifications, of the place, form and time

proposals for projects and information about the name, address, telephone and

e-mail address of the contact person or persons responsible for provider

the organization by providing a public competition in research, development and innovation,



7. other sources of information about public competition in research, development and

innovation,



(d) information on the evaluation of the public) of the competition in research, development and innovation,

which are the



1. the number of proposals received, the number of project proposals,

the number of project proposals, which will be based on the decision of the provider

pursuant to § 21 para. 7 of the Act provided the utilitarian support,



2. the total approved amount of support and its breakdown in each

years,



3. in case of cancellation of a public competition in research, development and innovation

the date and reason for cancellation pursuant to § 24 para. 1 to 4 of the Act in Czech and

the English language,



(e) the information set out by an administrator) that uniquely identifies the file being passed

data,



(f)) for more information related to the support provided for other legal

^ 5) legislation or international obligations of the United States.



§ 6



The procedure for transmission providers announced public

competitions in the research, development and innovation, and their evaluation



(Section 31, paragraph 2, of the Act)



(1) the provider prior to the announcement of public competition in research, development and

innovation, on the basis that will provide ad hoc support from their

budget passes the operators and administrators of the data elements and code lists

information system (hereinafter referred to as the "operator") ^ 8) data in the range

established by the Administrator pursuant to section 5 (b). a) to (c)), e) and (f)) in the period under section

31 para. 2 of the Act. The provider shall forward the following information to the operator, as amended by

the same data to comply in the commercial bulletin.



(2) if there is a change in the particulars of the organized public competition in research,

the development and innovation of the transmitted under paragraph 1, it shall transmit the new provider

data to the operator in the form of a complete set of data transmitted under

paragraph 1 of that year, at the latest 10 working days before the date on

that was in the previous data file listed as day of the publication of this

public competition in research, development and innovation.



(3) the provider shall forward the information referred to in paragraphs 1 and 2, or the data on the

evaluation of public competition in research, development and innovation in accordance with § 5

(a). (d) the operator through an administrator-specified) device

for the processing and transmission of data on the information medium at the same time with

cytology request form. Requests shall be forwarded in paper form or in electronic

form as a data message, fitted with an advanced electronic signature

or an electronic tag under another law ^ 9).



(4) the provider always prior to the transfer to the operator performs the

the control of these data a valid version of program resources

supplied by the operator.



§ 7



How the recipient when you pass data about the projects and their results,

other activities of research, development and innovation, and of the results of research

organizations



(Section 31, paragraph 3, of the Act)



(1) the beneficiary shall fulfil his obligation under section 12 of the Act through

the provider, which passes the information on the projects and their

the results of other activities of research, development and innovation and

the results of the research organisations in the form and within the time limit laid down

provider pursuant to § 31 para. 3 of the Act and under other laws,

regulations ^ 4). Research organisation can give the details of the results of that

have been avoided with ad-hoc or institutional support,

through the institutional support provided by provider

section 4, paragraph 4. 2 (a). and) of the Act.



(2) the modification of the contract for the provision of support or the decision on the

grant of the aid recipient's provider passes the data in a form and in a

the time provided for by the provider.



(3) in the event of changes to the data, which are not covered by a contract for the provision of

support or the decision to grant support or are not subject to the approval of

a provider shall ensure the transmission of valid data in the information system

the provider based on the provider passed in the notification recipient

paper form or in electronic form, as a data message

using an advanced electronic signature or an electronic marker

under another law ^ 9).



§ 8



How the provider when you pass data about the projects and their

the results, other activities of research, development and innovation, and of the results of

research organisations



(To § 31 para. 7 of the law)



(1) the provider passes the operator before providing support

or institutional support data to the extent provided by

§ 2 and 3 of the projects and other activities of research, development and innovation, on

the solution provides or uses support in the calendar

year from its budget, and within the time limits referred to in § 31 para. 4 of the Act.

The exception is the data to evaluate the projects according to § 2 (2). 1 (b). I) and

data on the actual costs of the project, which the provider forwards the

operators within 6 months from the beginning of the calendar year following the

year of completion of the project.



(2) information on the results of projects or other activities of research, development and


innovation supported from its budget passes the provider

the operator, within the period referred to in § 31 para. 6 of the Act to the extent specified

by the administrator under section 4.



(3) new data on projects, about other activities of research,

development and innovation and results the research organisations, which occurred in the

during a calendar year to a change, the provider shall forward to the operator in

the time limit referred to in § 31 para. 5 of the Act in the form of a full-file data

transmitted in accordance with paragraph 1 or 2 of that year.



(4) when transmitting the data referred to in paragraphs 1 to 3 shall proceed in accordance with § 6

paragraph. 3 and 4 apply mutatis mutandis.



§ 9



Procedure for the classification of data transmitted by the provider of the information

System



(To § 31 para. 9 of the Act)



(1) the operator shall include in the information system, the only information transferred

the provider of the procedure provided for in § 6 (1). 3 and 4, or in accordance with § 8 para. 4

or, if the subject of the project solution contains classified information,

the procedure laid down in other legal regulations ^ 7).



(2) the inclusion of data in the information system shall notify the operator

providers in paper form or in electronic form as a data access

a message using an advanced electronic signature or by electronic

the brand under other legislation ^ 9) within the period referred to in section 31 para. 8

the law.



(3) a set of data being passed to the information system of the reporting errors

detected when checking the data a valid version of programme resources, or

not fulfilling the conditions laid down by the law and other legislation ^ 4)

the operator returns the provider will not save it to the information system

and shall notify this fact and its reasons by analogy with the provider

of paragraph 2. Returned by the data provider may file substantial influence after the repair

pass a similarly according to § 6 paragraph 1. 3 and 4.



(4) the operator shall be governed by a production order information system

shall draw up and approve the administrator.



§ 10



The method and timing of the provision of data from the information system



(To § 31 para. 12 of the law)



(1) the operator shall not disclose data about public competition in research, development

and innovation through a public information network earlier than

the term, which as the date of its publication in the Gazette under section 5 of the Trade

(a). (c)), point 1 and section 6 shall notify the provider.



(2) the operator shall provide the information system



and the public in the manner referred to in section) 31 para. 11 (a). and) Act



1. information on the organized public competition in research, development and innovation

earlier in the day of the publication of this contest, as set out by the provider in

the last set of data passed to the operator,



2. information on the evaluation of public competition in research, development and innovation

within 30 calendar days from the date of their inclusion in the information system,



3. the data about the projects or other activities of research, development and innovation

and the information about the results achieved within the time limit referred to in point 2,



b) providers and administrators through e-mail or

public information network within 30 calendar days from the date of receipt of the request

or its clarification of the data that are not available under subparagraph (a)),



(c)) to a recipient in documentary form, the storage media, through

electronic mail or public information network within 30 calendar days

from the date of receipt of the request or its clarification of the data that are not

available under subparagraph (a)),



(d)) other subjects pursuant to § 31 para. 11 (a). e) of the Act the procedure referred

subparagraph (c)), unless otherwise provided by other legislation or international obligations of the

The United States the way and terms provide otherwise.



(3) the request referred to in paragraph 2 (a). (b)), and (c)) may be submitted in paper

form or in electronic form, as a data message bearing guaranteed

electronic signature or an electronic tag under another legal

prescription ^ 9). In the event that the request is incomprehensible, or is not obvious,

What data and in what form are required, or is formulated too

in General, it shall invite the applicant, within the time limit, the operator within 10 calendar days from the

receipt of the request to clarify it. If the applicant doesn't specify a request to

30 calendar days from the receipt of the request of the operator, not him

the operator information is provided.



§ 11



Common provisions



(1) the retention, disclosure, transfer and other processing of

personal data is treated in accordance with other legislation ^ 10).



(2) the personal data of the contact person for the design contest notice in

research, development and Innovation Manager anonymizes ^ 10) after 1 year

from the end of this public contest.



(3) the contract is in research, development and innovation, according to § 2 (2).

2 (a). g) of the Act, the specified under another law ^ 11)

do not apply the provisions of paragraphs 5 and 6, section 10, paragraph 1. 1 and § 10 (1). 2 (a). and)

points 1 and 2.



§ 12



Transitional provisions



(1) the administrator shall ensure that a central register of research plans until the

their solutions to the extent and in the manner according to the existing legal

regulations.



(2) the procedure for the provider, the consumer and the operator when you pass and

the inclusion of information about research projects and on their results to the Central

evidence of research plans are subject to the current legislation.



section 13 of the



Regulation (EEC)



Government Regulation No. 267/2002 Coll., on the information system of research and development,

is hereby repealed.



§ 14



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. January 1, 2010.



Prime Minister:



Ing. Fischer, CSc in r.



1) § 35 para. 2 (a). h) Act No. 130/2002 Coll., on the promotion of research,

experimental development and innovation of public funds and amending

some related laws (Act on the promotion of research,

experimental development and innovation), as amended by law No 110/2009 Sb.



section 2 (a). (c)) and § 3 (1). 2 of the Act No. 365/2000 Coll., on information

systems of public administration and on the amendments to certain other laws, as amended by

Act No. 81/2006 Sb.



2) section 7 of the commercial code.



3) for example, Act No. 111/1998 Coll., on universities and amending and

supplement other laws (law on higher education), as amended

legislation, Act No. 219/2000 Coll., on the Czech Republic and its assets

in legal relations, as amended, law No.

218/2000 Coll. on budgetary rules and amendments

related acts (budgetary rules), as amended

law, the commercial code.



4) for example, Act No. 412/2005 Coll., on the protection of classified information and on the

security, as amended by later regulations, business

code, Act No. 101/2000 Coll., on the protection of personal data and on amendments

certain acts, as amended.



5) for example, Act No. 218/2000 Coll., as amended, the law

No. 250/2000 Coll. on budgetary rules of territorial budgets, as

amended.



6) for example, law No. 121/2000 Coll. on copyright, rights

related to copyright and on the amendment of certain laws (copyright

Act), as subsequently amended, Act No. 527/1990 Coll., on

inventions and rationalization proposals, as amended, the law

No 529/1991 Coll., on the protection of topographies of semiconductor products, as amended by

amended, law No 488/1992 Coll. on utility models,

as amended, law No. 206/2000 Coll., on the protection of

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. 211/2000 Coll., on the protection of industrial designs and

Amendment of the Act No. 527/1990 Coll., on inventions, industrial designs and

rationalization proposals, as amended, as

amended, law No 408/2000 Coll., on the protection of the rights to the varieties

plants and amending Act No. 92/1996 Coll., on plant varieties, seeds and propagating material

cultivated plants, as amended, (the law on the protection of

rights to the varieties), as amended.



7 for example, Act No.) 412/2005 Coll., as amended.



8) § 2 (b). d) of Act No. 365/2000 Sb.



9) § 2 (b). (b)), and (c)) and § 3 of the Act No 227/2000 Coll., on electronic

the signing and amending some other acts (the Act on electronic

signature), as amended by Act No. 440/2004 Sb.



Act No. 300/2008 Coll., on electronic acts and authorized the conversion of

the documents, as amended by Act No 190/2009 Sb.



10) Act No. 101/2000 Coll., as amended.



11) Act No. 137/2006 Coll., on public procurement, as amended

regulations.