110/2009 Sb.



LAW



of 27 June. March 2009,



amending Law No. 130/2002 SB., on the promotion of research and development of

public funds and amending certain related laws (the law on the

the promotion of research and development), in the wording of later regulations, and more

related laws



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on the promotion of research and development



Article. (I)



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), as amended by law No. 41/2004 Coll., Act No. 215/2004

Coll., Act No. 342/2005 Coll., Act No. 413/2005 Coll., Act No. 81/2006

Coll., Act No. 227/2006 Coll., Act No. 171/2007 Coll., Act No. 296/2007

Coll. and Act No 124/2008 Coll., is hereby amended as follows:



1. in the title of the Act, in the title of the first, in the introductory part of the provisions of section 1 of the

and in section 1 (b). (b)), and (c)), the words "and development" shall be replaced by the words ",

experimental development and innovation ".



2. In section 1, letter a) is added:



") 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 ".



3. In section 1 (b). (b)), the words "and development" shall be replaced by the words ",

experimental development and innovation ".



4. sections 2 to 5, including headings and footnotes 2 to 6 are added:



"§ 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 ").



Purpose of the aid, the ways of its delivery and providers



§ 3



(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



(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



(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).



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

regulations.



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.



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 Coll. ".



5. in section 5, the following new section 5a, which including a footnote No 7

added:



"§ 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.



7) § 3 (b). (g)) of Act No. 218/2000 SB.. ".



6. sections 6 to 8, including headings and footnotes no 7a and 7b are inserted:



"section 6



(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.



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 provider shall provide a dedicated 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 4 and 5, and those projects international

cooperation in research, development and innovation, where the selection of projects was held

at the international level.



(4) the 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.



(5) to a 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.



(6) 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.



(7) 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).



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 ".



Footnote 9 is referred to as a footnote

No. 7 c, including the reference to the footnote.



7. In section 9 (2). Part 1 introductory provisions: "the provider shall conclude with the

recipient of the support to the grant or program written project

the contract for the provision of support to the solution of the selected project. Time

the validity of the Treaty includes the period of the project and the following period

needed for the evaluation of the results of the project, including the settlement of

the aid granted in accordance with the budgetary rules ^ 8), but not longer than

180 days from the date of completion of the project. The validity of the contract for the provision of

aid can be extended. Among the terms of the contract for the provision of

the aid shall include in particular ".



8. In section 9 (2). 1 at the end of the text of the letter b), the words ", in

the case of the participation of more recipients, an indication of the recipient who will be the solution

coordinate the project in relation to the providers and the rights and

the obligations ".



9. In section 9 (2). 1 (a). (g)), after the word "costs" following the word "project"

and the words "public funds" shall be deleted.



10. In section 9 (2). 1 (a). I), the word "its co-beneficiary," shall be replaced by the words

"the other participants in the project, the potential" and the words "public funds"

shall be replaced by the words "with the indication of the amount of the expenditure of the State budget".



11. In section 9 (2). 1 (a). j), the words "management, accounting, and" shall be deleted and the

the end of the text of the letter j) shall be supplemented with the word "project".



12. In section 9 (2). 1, letter a) the following point (l)), which read:



"l) way to evaluate the results of the project, including the settlement

the aid granted, ".



Letters l) to (p)) shall become letters (m)) to q).



13. In section 9 (2). 1 (a). n), section 10 (1). 1, § 17 paragraph. 2, in the heading of title

(VIII) and article 34, paragraph. 1 (a). and (b))) and the words "and development" shall be replaced by the words

"development and innovation".



14. In section 9, paragraph 5 and 7 are added:



"(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

Act. ".



15. In section 9 (2). 8, the words "or of the research plan" shall be deleted.



16. In section 10, paragraph 1. 1 the second sentence, the words "or research objectives" and in the

the third sentence, the words "or research plan" shall be deleted.



17. In section 10, paragraph 1. 2 the second sentence, the words "spolupříjemce" are replaced by the words

"the other party", the word "beneficiaries" shall be replaced by the words "further

participant "and the word" spolupříjemce "shall be replaced by the organizational component

the words "consignee or other party to the organizational component of the State established

other founder than the provider. "



18. In section 10, paragraph 3:



"(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. ".



19. In article 10, paragraphs 4 and 5 shall be deleted.



20. In the title of § 11 shall be added at the end of the text, the word "project".



21. In section 11 paragraph 1 reads:



"(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).“.



22. In section 11 (1). 2 (a). and) the words "or of the research plan" shall be deleted.



23. In section 11 (1). 2 (a). (b)), the words "or of the research plan" shall be deleted.



24. In section 11 (1). 2 (a). (d)), the words "in which the results must be

applied ' are replaced by the words "in which the results will be used, not more than

However, within 5 years of completion of the project ".



25. In article 11, paragraph 4 shall be deleted.



26. In section 12 (1):



"(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. ".



27. In article 12, paragraphs 2 and 4 shall be deleted.



The former paragraph 3 shall become paragraph 2.



28. In section 12 paragraph 2 is added:



"(2) if the subject matter of the project or other research activities,

the development and innovation of 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. ".



29. In section 13 (3). 1 the first sentence, the words "or of the research plan" shall be deleted;

and the words "recognized cost" shall be replaced by the words "costs incurred

the project ".



30. In section 13 (3). 2 the first sentence and second sentence, the words "or of the research

the intent of the ' shall be deleted.



31. In section 13, paragraph 3, including footnotes, No 15:



"(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.



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. ".



32. In article 13, the following paragraph 4 is added:



"(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 scope of the implementing legislation shall determine. ".



33. In article 14, paragraph. 1, after the word "Unauthorized" following the word "grant"

and the words "resources provided in support of the research and development of

public resources "shall be replaced by the word" support ".



34. In section 14, paragraph. 4, in the heading titles V and VII, in the title of § 17, § 17

paragraph. 1, 2 and 5, 6 and 8, § 18 paragraph. 2 (a). (f)), and (g)), section 18, paragraph. 3, 7, 10

and 11, § 19 paragraph. 1 to 3, section 20 (2). 1 and 2, § 21. 2 to 4 and 6 to 8,

in the heading of section 22 to 24, in section 22, paragraph. 1 to 6, section 23, paragraph. 1, section 24, paragraph. 1,

3 and 4, § 25 paragraph. 1 (a). and (b)),) and § 25 paragraph. 2, section 26, paragraph. 1, § 34

paragraph. 1 (a). (d)), § 36 odst. 2 (a). and) and in section 36, paragraph. 5, the words "and

the development of "shall be replaced by" development and innovation ".



35. In article 14, the following paragraph 5 is added:



"(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 incorrect data. ".



36. section 15 and 16, including headings and footnotes no 18a shall be inserted:



"§ 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.



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). ".



37. In section 17(2). 2 letter a) is added:



"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

estimated time of their initiation and termination ".



38. In section 17(2). 2 the letter g) is added:



"(g) the name and address of the provider) and e-mail address, the phone and its

contact worker. ".



39. In article 17, paragraphs 3 and 4 shall be deleted.



Paragraphs 5 to 8 shall be renumbered as paragraphs 3 to 6.



40. In § 17 paragraph. 4 second sentence, section 24, paragraph. 3 and § 36 odst. 4 and 5 are

the words "and development" shall be replaced by the words "development and innovation".



41. In section 17(2). 4, the first sentence, after the words "folders" are inserted after the words

"the State or territorial self-governing units", and the words "Ministry of defence

or the Ministry of the Interior, "shall be replaced by the words

"the Ministry, dealing with".



42. In § 17 paragraph 5 is added:



"(5) a project proposal is the applicant's request for the provision of 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, in accordance with budgetary rules. ".



43. In section 18, paragraph. 2 (a). g), the words "of the Ministry of defence or

The Ministry of the Interior "shall be replaced by the word" Ministry ".



44. In section 18, paragraph. 5, the words "the applicant, if the applicant is not the

set up a special legal regulation, or if the provider is not at the same time

the founder of the applicant "be deleted.



45. In section 18, paragraph. 10, the words "a citizen of that State" shall be replaced by the words

"The Swiss Confederation or citizen of such State, or for the long term

resident in the territory of the Czech Republic or the national

of another State, if he was on the territory of the Czech Republic is allowed to stay for

the purpose of scientific research ", subparagraph (b)), and (c)) shall be deleted, and at the same time

marking (a) is deleted).



46. In section 18, paragraph. 11, the second sentence shall be deleted.



47. section 19, including the title:



"§ 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. ".



48. In section 20 (2). 1 the third sentence, after the words "degree", the words "and

second degree ".



49. In section 20 (2). 2 the first sentence, the word "assessment" shall be replaced by

"evaluation".



50. In section 20 (2). 2 the third sentence, the words "240 calendar days and ends with the

no later than 30 calendar days before the estimated date of the declared

the conclusion of contracts for the provision of support for, or the issue of a decision on

the grant of aid ' shall be replaced by the words "180 calendar days for

single-stage and two-stage 240 calendar days for public tender in

research, development and innovation ".



51. In article 21, paragraph 1 reads:



"(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. ".



52. In section 21, paragraphs 4 and 5 are added:



"(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. ".



53. In § 21. 6, after the word "ensure", the words ", with the exception of

pursuant to paragraph 5.0 of "and the words" on the basis of opinions "are replaced by the words" with the

taking into account the ' reports '.



54. In § 21. 7 at the end of the second sentence, the words

"through the Internet" and in the third sentence, the words "shall inform the

applicants on the basis of a written request of the outcome "is replaced by

"it will allow candidates to meet with the result".



55. In § 21. 8 the second sentence, the word "allowed" shall be deleted and in the sentence

the second and third words "public funds" are deleted.



56. In § 21. 9, the words "or Council of the grant agency

The Academy of Sciences of the Czech Republic "shall be deleted.



57. In section 22, paragraph. 2 the words "research and development" be deleted.



58. In section 22, paragraph. 3 (b). and), the word "acceptance" shall be replaced by

"disclosure".



59. In section 22, paragraph. 6 the word "recognized" and the words "to address" shall be deleted.



60. In section 22 paragraph 7 is added:



"(7) in the specifications for the second degree public tender

the provider shall be the completion of the design and its conditions

Administration. ".



61. Article 23, paragraph 3 shall be deleted.



62. In section 24, paragraph 1, the following paragraph 2 is added:



"(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. ".



Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5.



63. In section 24 shall at the end of paragraph 4, the following sentence "If the public

competition in research, development and innovation, cancelled for the reasons given in the

paragraph 1, the applicant shall not be entitled to reimbursement of the costs incurred. "



64. In section 24, paragraph. 5, the words "withdraw" shall be replaced by the words

"withdraw", the words "within 7 calendar days, is obliged to" shall be deleted and the

the word "notify" shall be replaced by the word "notify".



65. In section 25, the following paragraph 3 is added:



"(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 to grant aid. ".



66. In section 26, paragraph. 1 with the number "5" shall be replaced by the number "10".



67. In section 26, paragraph. 2, the words "each assigned project-funded"

replaced by the words "each provided support", the number "5" shall be replaced by

the number "10" and the words "termination of the contract for the provision of aid effectiveness

or the enforceability of the decision to grant the aid referred to in article 9 "

replaced by the words "aid".



68. In article 26, paragraph 3 is deleted.



69. Title VI, including title and footnote 30 is repealed.



70. sections 30 to 32, including headings and footnotes, no 32:



"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.



for example, 32) Law No. 123/1998 Coll., on the right to information on the

the environment, as amended. ".



71. In § 33 paragraph. 1, the word "Department" shall be replaced by the words

"The Ministry of education, youth and sports with the exception of the areas that

the Council provides for research, development and innovation in accordance with § 35 ".



72. In § 33 paragraph 2 and 3, including the footnotes no 32a:



"(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.



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. ".



73. In § 34 paragraph. 1 the introductory sentence, the word "Ministry" is replaced by

"The Ministry of education, youth and sports" and the words "from the State

the budget for research and development "shall be replaced by the words" of their budgetary

the chapter pursuant to section 4 ".



74. In § 34 paragraph. 1 (a). (b)), the words "not included in the National

the research programme "shall be deleted.



75. In § 34 paragraph. 1, point (c)), and (f)) shall be deleted.



Subparagraph (d)), and (e)) shall become points (c) and (d)).)



76. In § 34 paragraph. 1 at the end of the text of subparagraph (d)), the words ",

the objectives have been established, and an assessment of the results achieved. "



77. In § 34 paragraph 2 is added:



"(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. ".



78. section 35, including title and footnotes No 33 and 34:



"§ 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.



33) section 3, second sentence, of the labour code.



34) part seven of the labour code ".



79. § 36 odst. 2 (a). and the word "programmes)" shall be replaced by the words "groups

grant projects ".



80. In section 36, at the end of paragraph 2, the period is replaced by a comma and the following

Letter g) and (h)) are added:



"(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. ".



81. In § 36 paragraph 3 reads:



"(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. The function of the Chairman, the members of the Bureau and the members of the Scientific Council

The grant agency of the Czech Republic is a public function, which does not constitute

employment relationship ^ 33) to the Czech Republic. For performance of this public

the function belongs to the reward, whose amount is determined by the Government, and travel allowances,

which is supplied in the amount and under the conditions laid down in the code of

work ^ 34). ".



82. In § 36 odst. 5 the first sentence, the word "issues" is replaced by "on the

the release of "and in the last sentence, the words" projects of basic research "

replaced by the words "grant projects".



83. In section 36, paragraph 5, the following paragraph 6 is added:



"(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. ".



Paragraph 6 is renumbered as paragraph 7.



84. In § 36 odst. 7 the first sentence reads: "the Board of control grant agency

The Czech Republic is the control body of the grant agency of the Czech

Republic, which controls the distribution of Grant funds

the Agency of the Czech Republic and the management of the property of the State, which has

Grant agency of the Czech Republic jurisdiction management, discusses the

the complaint to the provider in the evaluation procedure of the grant proposal

the project, which shall submit its opinion to the Bureau of the grant

the Agency of the Czech Republic. ".



85. under section 36 shall be inserted a new section 36a, which reads as follows:



"§ 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 function of the Chairman, the members of the Bureau and the members of the research

Council of Technology Agency of the Czech Republic is a public function, which

does not constitute employment relationship ^ 33) to the Czech Republic. For the performance of 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).



(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 Chamber of technology

the Chamber of Deputies. "



86. section 37 reads as follows:



"§ 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 shall apply. ".



87. section 39:



"§ 39



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. '.



Article. (II)



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. (III)



Cancellation provisions



Shall be repealed:



1. Government Regulation No. 461/2002 Coll., on special-purpose research and development support from the

public funds and public competition in research and development.



2. Government Regulation No. 462/2002 Coll., on institutional support for the research and

development of public resources and the evaluation of research projects.



3. Government Regulation No. 28/2003 Coll., amending Decree-Law No.

462/2002 Coll., on institutional support for the research and development of public

resources and on the evaluation of research projects.



4. Government Regulation No. 67/2008 Coll., amending Decree-Law No.

462/2002 Coll., on institutional support for the research and development of public

resources and on the evaluation of the research objectives, as amended by Decree-Law No.

28/2003 Coll.



5. Government Regulation No. 83/2008 Coll., amending Decree-Law No.

461/2002 Coll., on special-purpose research and development support from public funds

and a public competition in research and development, and regulation of the Government No. 462/2002

Coll., on institutional research and development support from public funds

and the evaluation of research projects, as amended by regulation of the Government No. 28/2003 Coll.



Article. (IV)



For the publication of the full text of the Act



The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text

Act No. 130/2002 Coll., on the promotion of research, development and innovation of public

resources and amending certain related laws (Act on the promotion of

research, development and innovation), as derived from the laws of it changing.



PART THE SECOND



Amendment of the Act on higher education



Article. In



Act No. 111/1998 Coll., on universities and amending and supplementing other

laws (the law on universities), as amended by law No. 210/2000 Coll.

Act No. 147/2001 Coll., Act No. 362/2003 Coll., the Act No. 96/2004 Coll.

121/2004 Coll., Act No. 436/2004 Coll., Act No. 480/2004 Coll., Act No.

562/2004 Coll., Act No. 342/2005 Coll., Act No. 552/2005 Coll., Act No.

161/2006 Coll., Act No. 165/2006 Coll., Act No. 310/2006 Coll., Act No.

624/2006 Coll., the Act No. 261/2007 Coll., Act No. 296/2007 Coll. and act

No 189/2008 Coll., is hereby amended as follows:



1. In article 1 (a). and in section 2), second subparagraph. 4, in section 11 (1). 2 in § 18 paragraph. 2 (a).

and), in section 23, paragraph. 1, § 29. 2 in § 34 paragraph. 1 in § 40 paragraph. 1 and 2,

in section 70 paragraph. 1 in § 81 paragraph. 1 and section 84, paragraph. 1, after the word "development"

the words "and innovative".



2. In article 2 (2). 8, § 6 (1). 1 (a). (f)), section 9 (2). 1 (a). I), in the section

18 paragraph. 3 the second sentence and the sentence of the third paragraph in section 24. 1 (a). (b)), at paragraph 27.

1 (a). (h)), section 30, paragraph. 1 (a). and, § 39) in the second subparagraph. 4 (b). (c)), in section 39

paragraph. 8 (a). (b)), at § 40 paragraph. 3, § 79 paragraph. 4 and in section 82, paragraph. 2 (a).

(c)), after the word "development", the words "and innovative".



3. In section 18, paragraph. 2, letter a) insert a new subparagraph (b)), including

footnote No. 8e:



"(b)) to support research, experimental development and innovation of public

resources under special legislation ^ 8e)



8e) Law No. 130/2002 SB., on the promotion of research, experimental development and

innovation of public funds and amending certain related laws

(Act on the promotion of research, experimental development and innovation), as amended by

amended. ".



Letters b) to (g)) are renumbered as paragraphs (c) to (h)).)



4. In section 18 at the end of the text of paragraph 7, the words "shall be added; public

the high school is required to ensure that the resources of the funds created by the

the transfer of the balance of the contribution referred to in the first sentence only applied to

the financing of its activities, which is not participating in the competition on the

common market or it cannot affect this activity ".



5. In paragraph 8 of section 18 reads as follows:



"(8) the conditions for the creation and use of funds, the internal regulation of the public

the high school, so that the resources obtained from the profit originating in the

the implementation of basic research, applied research or

experimental development and the dissemination of their results through teaching,

the publishing or transfer of technology, which were supported by the public

the funds were used only on those activities retroactively, or the dissemination of

their results or teaching. ".



6. In section 18, paragraph. 9 (a). (c)) and in section 18, paragraph. 10, the words "and development"

replaced by the words ", experimental development and innovation".



7. In section 18a, paragraph. 4 the second sentence, the word "year" shall be replaced by the word "years".



8. In section 18a, paragraph 7 shall be deleted.



9. In section 20 (2). 1, § 87 (a). r) and section 91, paragraph. 2 (a). (b)), the words

"scientific, research, development" shall be replaced by the words "research, development and

the innovative ".



10. In section 20 (2). 2, section 22, paragraph. 1 (a). (c)), the words "the scientific,
research, development "shall be replaced by" research, development and

the innovative ".



11. In § 56 paragraph. 2 at the end of the penultimate sentence of the words "or

the day, which ended with the granted accreditation ".



12. under section 60 shall be added to § 60a is inserted:



"§ 60a



Education in an internationally recognized course



(1) in the framework of its educational activities, the public high school

provide free of charge or for a consideration of education in an internationally recognized

rate-oriented to increase the expertise of students or graduates

foreign high school ("course"). Closer to the conditions of the course

internal regulation. The participants of the course with him must be familiar

in advance.



(2) on completion of studies within the framework of the course issues a public high school, his

the participants of the certificate. Successful graduates of the course can a public University

school grant an internationally recognized degree.



(3) the participants in the course are students under this Act. ".



13. In section 70 paragraph 4 is added:



"(4) the employment relationship of academics can be concluded only at the time of

some in length from two to five years. Employment for a definite period can be

arrange for the same employer not more than twice in a row, then

You can arrange for the same employer for a period of employment only

an indefinite period. If the employer shall negotiate with the academic worker working

the ratio for a specified period, as they were not satisfied the conditions laid down in the

sentence first or second, and announced the academic staff member before the end of

the agreed period in writing to the employer that insists to him further

employed, that the contract of employment for an indefinite period.

The provisions of the first and third sentences shall not apply for associate professors and professors. Working

the ratio of academic staff of the older 65 years can be arranged at the time

Some even repeatedly; § 39, paragraph. 2 of the labour code does not apply. ".



14. In section 80 (2). 4, the words "or the expiry of the period for which the

was awarded "accreditation.



15. In section 80 (2). 4 the second sentence, the words "Accredited degree program

You can cancel, if high "be deleted and replaced with the word" high ".



16. In section 91, paragraph. 2, letter b) the following new point (c)), which read:



"(c)) on the research, development and innovation activities under the Special

the law ^ 8e). ".



Former points (c) and (d))) shall become points (d) and (e)).)



17. In section 91, paragraph. 3, the words "(a). (c)) "shall be replaced by" subparagraph (a). (d)) ".



18. In sections 91 at the end of paragraph 6 the following sentence "the Ministry may

admit this scholarships whether or not citizens of the Czech Republic to the learners to

universities abroad. ".



19. In article 95, paragraph 1 reads:



"(1) the military high schools are part of the organizational folder State ^ 23)

Department of Defense-funded from the State budget, in particular from the

Chapter of the Ministry of defence Police College are organizational

folder State ^ 23) financed by the Ministry of the Interior of the chapter; apply

the provisions of the second part with the exception of section 14, 15, § 17 paragraph. 1 (a).

(c)), section 18 to 20. At the State high school are not covered by the provisions of section 2 of the

paragraph. 2. State high school may be granted the resources under section 18

paragraph. 2 (a). and (b))) (a). 5. the resources under section 18(2). 2 (a). and)

and (b)) (a). 5 students who are soldiers in active service, and are

students study programmes in the field of security studies, provides

military high school Ministry. In the case of the grant of the subsidy provided for in

the preceding sentence to the military high schools covered by § 18a. ".



20. section 107a is hereby repealed.



Article. (VI)



The transitional provisions of the



The emergence, duration, amendment and termination of the academic

the worker the agreed prior to the effectiveness of this law shall be governed by the existing

the legislation.



PART THE THIRD



Amendment of the Act on public research institutions



Article. (VII)



Act No. 341/2005 Coll., on public research institutions, as amended by

Act No. 533/2006 Coll., Act No. 296/2007 Coll. and Act No. 379/2007

Coll., is hereby amended as follows:



1. In section 2 (2). 1 the words "research and development of ^ 1)" is replaced by

"the research, development and innovation)," ^ 1 ".



Footnote 1:



1) § 2 (2). 2 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. ".



2. In the second subparagraph of section 30e. 1 (a). (d)) and in section 30e, paragraph. 2 (a). (c)), point 1, the words

"the promotion of research and development" shall be replaced by the words "promote the research, development and

innovation ".



3. In article 2 (2). 4, the words "in the information system research and development ^ 3)"

replaced by the words "in the information system of research, development and innovation ^ 3)".



Footnote 3:



"3) section 12 of the Act on the promotion of research, experimental development and innovation,

in the wording of later regulations. ".



4. In section 15 (b). k), the words "endorses the legal actions" shall be replaced by the words

"gives prior written consent of legal capacity", the word "referred"

shall be replaced by the word "the" and the words "which granted the previous

the written consent of the Supervisory Board, "shall be deleted.



5. In section 17(2). 1 (a). (f)), in section 18, paragraph. 2 (a). I), in section 22, paragraph. 2

(a). and) and in section 29. 3 the words "research and development projects"

replaced by the words "projects of research, development and innovation".



6. In section 17(2). 1 (a). (f)), and in section 18, paragraph. 2 (a). I), the words "proposals

research projects and "shall be deleted.



7. In section 18, paragraph. 2 (a). (e)), after the word "report", the words "and

financial statements and decides on the distribution of profits or the payment of losses ".



8. In section 18, paragraph. 3 the second sentence, after the word "election", the words ",

where appropriate, the appointment of the external members referred to in paragraph 4, ".



9. In section 18 at the end of paragraph 4, the following sentence "in the case of public research

institutions set up for the purpose of research organisations in cooperation

acquisition and utilization of large infrastructure or infrastructure by

special legal regulation ^ 14) consists of external members of the Board of the institution

appointed by the cooperating research organizations of at least two thirds of the

and not more than three-fourths of the members of the Council of public research institutions. ".



Footnote No 14:



"14) § 2 (2). 2 (a). e) and (f)) of the Act on the promotion of research,

experimental development and innovation, as amended. ".



10. In section 18 shall be inserted at the beginning of paragraph 5, the phrase "the membership in the Council of

the institution is formed by choosing a research staff of public research

institutions, with the exception of the external members of the Board of the institution, who are

appointed under the conditions referred to in paragraph 4 of the cooperating research

organisations. ".



11. In section 18, paragraph. 5 the third sentence, the word "Members" shall be replaced by the words

"Elected members" and at the end of the paragraph, the following sentence "for public

research institutions set up for the purpose of research cooperation

organisations in the acquisition and use of large infrastructure or

infrastructure under a special legal regulation, ^ 14) are external

members of the Council of the institution shall be appointed or dismissed as statutory representatives

cooperating research organisations, and the number of the corresponding

their relative representation. ".



12. In section 18, paragraph. 7 the second sentence after the word "chosen", the words

"or designated".



13. In section 18, paragraph. 11 first, the word "sentence" is replaced by "Elected

the ".



14. In section 19, paragraph. 1 (a). (b)) point 7 is for the word "Treaty" shall be replaced

"on the lease of immovable property or movable property in the value referred to in point 2 or

another contract for the use of real estate or moveable property worth

According to paragraph 2 ".



15. In section 19, paragraph. 1 letter h) is added:



"h) is expressed to the other or the other activities of public research institutions

and other things, which it shall submit to the Director or founder, ".



16. In § 21. 6, in section 26, paragraph. 1 (a). (c)) and in section 29. 3, the words

"research and development aid" is replaced by "aid to research, development and

innovation ".



17. In section 22, paragraph. 2 (a). and), the words "research projects" are replaced by

the words "research organisation on the basis of her achievements".



18. In section 26, paragraph. 2 the words "research and development projects ' shall be replaced by the words

"the projects of research, development and innovation" and the words "research projects"

shall be deleted.



19. In section 27. 1, after the word "emergency", the words "and the allocation of

the profit ".



20. In section 27. 2 the words "in research and development ^ 23)" shall be replaced by the words

"in research, development and innovation, ^ 23)."



Footnote 23:



"23) § 2 (2). 2 (a). m) of the Act on the promotion of research, experimental

development and innovation, as amended. ".



21. In section 27. 2 and in section 29. 3 the word "recognized" be replaced by

the word "eligible".



22. In section 28 paragraph. 8 the first sentence, after the words "may", the words "

or jointly with other persons "after the word" person "are added after the words

"or to establish associations with other legal or natural persons or

to enter into such an association ".



23. In section 28 paragraph. 8 the second sentence, after the words "deposit", the words ",

including immovable property invested into public research institutions

the founder, "and after the word" person "shall be inserted after the words" carried out research and

development or ".
24. In section 28 paragraph. 8 (a). (b)), the words "real things embedded in public

research institutions, the founder and "shall be deleted and the text at the end of subparagraph (b))

the words "shall be added, with the exception of institutional support for research

organisation in accordance with an assessment of the achievements of her ".



25. In section 29. 3 the words "research projects and" shall be deleted.



26. In section 30e, paragraph. 1, the last sentence shall be deleted.



27. In section 30e, paragraph. 2 (a). (c)), item 1, the reference to footnote 1.

repealed.



PART THE FOURTH



Amendment of the Act on public procurement



Article. (VIII)



In § 18 paragraph. 1 of Act No. 137/2006 Coll., on public procurement, as amended by

Act No. 76/2008 Coll., letter d) including footnote No. 19 is added:



"(d)) for public procurement in research, experimental development and

innovation ^ 19)



1. on the project of a large infrastructure or to a specific College

research,



2. which are covered from the institutional support and are subject to

cooperation between research organisations on the basis of a written contract,

or



3. the subject services are in research, experimental development and

innovation, with the exception of cases, when the price for the execution of research and development

is paid exclusively by the contracting authority and the contracting authority is the only user

the results of research and development,



19) Law No. 130/2002 SB., on the promotion of research, experimental development and

innovation of public funds and amending certain related laws

(Act on the promotion of research, experimental development and innovation), as amended by

amended. ".



PART THE FIFTH



Change the concession law



Article. (IX)



Act No 139/2006 Coll., on concession contracts and concession management

(concession laws), as amended by law No 30/2008 Coll., is hereby amended as follows:



1. In section 3, at the end of subparagraph (g)) the word "or" is deleted.



2. In section 3, at the end of the letter h) dot shall be replaced by "or", and

the following letter i), including the footnote No. 10a is inserted:



"i) of their subject-matter services in research, development and innovation, with ^ 10a)

except in cases where the price for the implementation of the research, development and innovation is

paid for by the contracting authority, the contracting authority is solely and only user results

research, development and innovation.



10A) Law No. 130/2002 SB., on the promotion of research, experimental development

and innovation of public funds and amending some related

laws (law on the promotion of research, experimental development and innovation), in

amended. ".



PART SIX



The EFFECTIVENESS of the



Article. X



This law shall enter into force on 1 January 2005. July 2009, with the exception of

the second point 13, which shall take effect on 1 January 2005. January 1, 2010.



Vaidya in the r.



Klaus r.



Topolanek in r.