Law Amending The Law On Research Advice, Etc. And The Tax Assessment Act And Repealing The Law On Approval Of Certain Research Activities (Research Training, Research Collaboration With The Faroe Islands And Greenland, The Committees On Scientific Dish...

Original Language Title: Lov om ændring af lov om forskningsrådgivning m.v. og ligningsloven og om ophævelse af lov om godkendelse af visse forskningsaktiviteter(Forskeruddannelse, forskningssamarbejde med Færøerne og Grønland, Udvalgene vedrørende Videnskabelig Uredelighed m.v.)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120189

Law amending the law on research advice, etc. and the tax assessment Act and repealing the law on approval of certain research activities

(Research training, research collaboration with the Faroe Islands and Greenland, the committees on scientific dishonesty, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

The law on research advice, etc., see. lovbekendtgørelse nr. 658 of 19. June 2007, shall be amended as follows:

1. section 1, paragraph 6 is replaced by the following: ' (6). The Coordination Committee responsible for the coordination of the public fund function for research, see. § 25. The Committee also distributes funds for research training and carries out special advisory cases, see. sections 26 and 27. '

2. In section 1, paragraph 7, shall be inserted after ' institutions ': ' or appropriations to research-based consultancy '.

3. In section 2 is inserted as nr. 3:

» 3) scientific misconduct: Forgery, manufacture, plagiarism and other serious violations of good scientific practice that is committed intentionally or grossly negligently, by planning, conducting or reporting research results. '

4. In section 3, paragraph 6, insert as 2. item:

» Council carry out a consultation over the annual report. '

5. In section 8 shall be inserted after paragraph 3 as a new paragraph: "(4). The Council can provide the advice referred to in paragraph 1. paragraph, and (3) by assigning the names of reputable researchers outside the Council, if the desired assistance as regards assessment of the applications submitted to other granting institutions. '




Paragraph 4 becomes paragraph 5.



6. In section 10, paragraph 1, the following is inserted as a 2. item:

» The Board of Directors shall designate by his Constitution a Vice-President. '

7. section 11 (4), 2. paragraphs, are hereby repealed.

8. Article 12, paragraph 2 2. paragraphs, are hereby repealed.

9. In section 14 shall be inserted after paragraph 2 as new paragraph: "(3). Independent research may establish an interdisciplinary research Council, which may consist of members appointed by the Minister of science, technology and development in accordance with paragraph 2, to perform multidisciplinary tasks. '




Paragraph 3 becomes paragraph 4-5-6.



10. In article 15, paragraph 1, the following is inserted as a no. 6:

» 6) Council access to delegation within the Council or to the Secretariat of the concession and advisory jurisdiction. '

11. In article 15, paragraph 2, shall be inserted after ' determine form requirements ': ', including the electronic communications tion '.

12. section 16 is replaced by the following: ' § 16. The Board of Directors and the professional Research Council decisions cannot be brought before another administrative authority, see. However, paragraph 2.

(2). The Minister of science, technology and innovation can lay down rules that are complaining about legal issues in connection with decisions of the professional research councils or by the body, which the Council has delegated responsibility for authorization, may be brought before the Minister. '

13. In section 17 shall be inserted after paragraph 3 as a new paragraph: "(4). The Council must work for research collaboration with the Faroe Islands and Greenland. '




Paragraph 4-7 becomes paragraph 5-8.



14. In article 18, paragraph 2, 1. paragraph shall be added after ' institution ': ' or appropriations to research-based consultancy '.

15. In article 18, paragraph 5, the words ' paragraph 6 ': ' paragraph 7 '.

16. section 21, paragraphs 3 and 4 shall be deleted and replaced by: ' (3). The Board of Directors may transfer appropriations jurisdiction as referred to in paragraph 1 to the Commission for scientific research in Greenland.

(4). The Management Board shall inform the Coordination Committee on initiatives in accordance with paragraphs 1 and 2.

(5). The Board has not even the concession of jurisdiction, but distribute the strategic programme funds for programme committees, Commission for scientific research in Greenland or in some cases to one or more of the academic research Council, see. § 9.

(6). If the Board considers that the implementation of a budget appropriation includes more than one technical program Committee, the Board of Directors may decide that several program committees or Came mis sio nen for scientific research in Greenland together with one or several programme committees should process the applications for the program of the Association and decide which one authority (Joint Committee).

(7). When the Joint Committee has taken a final decision in accordance with paragraph 6, puts the power to approve technical and budgetary reporting in one of the application committees. '




Paragraph 5 becomes paragraph 8.



17. In section 22 (1), (2). paragraph shall be added after ' Research Council ': ' or the Commission for scientific research in Greenland ', and ' (4) ' shall be replaced by: ' paragraph 5 '.

18. section 22 (2), 2. paragraphs, are hereby repealed.

19. In article 23, paragraph 1, the following is inserted as a no. 6: ' 6) the Council access to delegation within the Council or to the Secretariat of the concession and advisory jurisdiction. '

20. In article 23, paragraph 2, shall be inserted after ' determine form requirements ': ', including the electronic communications tion '.

21. Article 24 is replaced by the following: ' article 24. The Board of Directors, program committees, Commission for scientific research in Greenland and the academic research Council decisions cannot be brought before another administrative authority, see. However, paragraph 2.

(2). The Minister of science, technology and innovation can lay down rules that are complaining about legal issues in the context of decisions taken by the programme committees, by the Commission for scientific research in Greenland, of the professional research councils or by the body, as the Programme Committee or Council has delegated responsibility for authorization, may be brought before the Minister. '

22. In article 25, paragraph 1, shall be inserted after ' the Danish National Research Foundation ': ', Danish national advanced technology Foundation, the Council for Technology and Innovation '.

23. In article 25, paragraph 2, 1. paragraph, the words ' two ' to: ' three ', and ' Fund ' shall be replaced by: ' the two funds '.

24. In article 25, paragraph 2, the following is inserted as a 3. item:

» For this purpose will inform the three councils and the two funds at least once a year the Committee on their international activities. '

25. Article 25, paragraph 3, are repealed.




Paragraphs 4 and 5 become paragraphs 3 and 4.



26. In article 25, paragraph 5, which becomes paragraph 4, the words ' paragraph 4 ': ' paragraph 3 '.

27. The heading before section 26 is replaced by the following:

» Researcher training '

28. Article 26 shall be replaced by the following: ' article 26. The Coordination Committee allocates funds for research training within all main scientific areas. The Committee allocates funds for independent research and research training strategic research.

(2). The Committee may, in connection with the distribution of research training funding lay down detailed requirements for the use of the funds.

(3). In the cases covered by paragraphs 1 and 2, the Committee shall take its decision by ordinary majority vote. '

29. Article 27 shall be inserted before the heading:

» Special Advisory matters '

30. Article 27 shall be replaced by the following: ' article 27. Coordination Committee may, upon request, assist the Minister for science, technology and innovation in special advisory cases. The Minister may provide that the Committee will provide its advice after prior consultation by national or international experts.

(2). In relation to the tasks referred to in paragraph 1, the Committee may, after the Minister's request benefits any special funding for independent research and strategic research. In this connection, the Committee may lay down detailed requirements for the use of appropriations.

(3). To use for the performance of the tasks referred to in paragraph 1, the Committee may obtain advice from the expert committees set up for this purpose.

(4). In the cases covered by paragraphs 1 to 3 shall take the Committee decision by ordinary majority vote. '

31. In section 28 shall be inserted after paragraph 2 as new paragraph: "(3). In cases where the Chairman of the Board for independent research, the Danish Strategic Research Council or the Danish National Research Foundation is unable to attend at the meetings of the Committee, the relevant Council or Fund can be represented by a Vice-President. '




Paragraph 3-6 becomes paragraph 4-7.



32. section 29 is repealed.

33. section 31, paragraph 1, is replaced by the following: ' Committees on scientific dishonesty are tasked to deal with cases involving scientific misconduct raised by review, and which are important for





1) research carried out in Denmark,

2) research done by individuals with employment in Denmark or

3) research conducted with Danish public support. '





34. In section 31 shall be inserted after paragraph 1 as new pieces: ' (2). As regards scientific products prepared in private, matter can only be processed if the private company etc. wanted to be covered by the committees of jurisdiction or want to contribute to the enlightenment.

(3). Committees may examine any matter, of its own motion, if the cases are of interest or of importance to human health, animal health, and where there is a good reason to believe scientific dishonesty. '




Paragraph 2-4 become paragraphs 4-6.



35. In article 32, paragraph 4, 1. paragraph shall be added after ' development ': ' after setting from the courts '.

36. In article 36, paragraph 2, 1. paragraph shall be added after ' being a member of an interdisciplinary research Council ': ' and '.


37. In article 36, paragraph 2, the following is inserted as a 3. PT. : ' A sagsforberedende Programme Committee referred to in article 6. section 22, paragraph 2, can be made up in whole or in part of members from the Strategic Research Council's program committees. '

38. section 40 is replaced by the following: ' § 40. The law is revised in the Folketing year 2009-10 on the basis of an evaluation of the Danish system '.

39. Under section 40 shall be inserted in Chapter 8:

» § 40 a. Minister of science, technology and innovation can empower a government agency created under the Ministry or after negotiation with the concerned minister, other governmental authorities to exercise the powers conferred in this Act the Minister of science, technology and innovation.

(2). The Minister of science, technology and innovation can lay down rules about access to appeal against decisions taken pursuant to the authority in accordance with paragraph 1, including that decisions should not be subject to appeal.

(3). The Minister of science, technology and innovation can lay down rules governing the exercise of the powers of another government agency after negotiation with the concerned minister will be authorized to exercise under paragraph 1. '

§ 2

Of the law on the imposition of income tax to the State (the tax assessment Act), see. lovbekendtgørelse nr. 1061 by 24. October 2006, as amended most recently by Act No. 336 by 7. May 2008, shall be amended as follows:

1. paragraph 8 (F) is repealed.

2. In paragraph 8 (H), paragraph 2, the words ' Danish Research Policy Council ' to: ' independent research '.

3. In section 8 (Q), (3) the words ' article 8 (F) of paragraph 1, or '.

§ 3

(1). The law shall enter into force on the 1. September 2008.

(2). The time of entry into force of § 1, nr. 3, 33 and 34 shall be determined by the Minister of science, technology and development.

(3). § 1, nr. 27 and 28, shall enter into force on the 1. January 2009.

(4). Act No. 1094 of 21. December 1994 on the approval of certain research activities shall be repealed on 1 January. September 2008.
Given at Christiansborg Palace, on 17 March. June 2008 MARGRETHE r./Helge Sander