Law No. 95 Of 13 May 1998 On Approval Of The Government Ordinance. 8/1997 On The Stimulation Of Research-Development And Innovation

Original Language Title:  LEGE nr. 95 din 13 mai 1998 pentru aprobarea Ordonanţei Guvernului nr. 8/1997 privind stimularea cercetării-dezvoltării şi inovării

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Law No. 95 of 13 May 1998 on approval of the Government Ordinance. 8/1997 on fostering research and development ISSUER-innovation Parliament Published in MONITORUL OFICIAL nr. 179 of 14 May 1998, the Romanian Parliament adopts this law.


Article 1 shall be subject to approval of the Government Ordinance No. 8 of 31 January 1997 on boosting research and innovation development, issued pursuant to art. and (b). d) of law No. 142/1996 on empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 14 of 31 January 1997, with the following modifications: 1. the title of the Ordinance shall read as follows: "Ordinance on stimulating scientific research, technological development and innovation ' (2). Article 1 shall read as follows: Art. 1.-scientific research, technological development and innovation, hereinafter referred to as the research and development and innovation, are national priorities. "
3. Article 2 shall read as follows: Art. 2. State measures stimulates direct and indirect research-development and innovation, and the creation of an economic environment conducive to diffusion, absorption and recovery of results of research-development and innovation, in order to ensure sustainable economic development, increase the welfare and quality of life and enriching the heritage of knowledge. "
4. After article 2 shall be inserted in article 2 ^ 1 with the following content: "Art. 2 ^ 1. -Democratic State in accordance with principles, there are no limitations or constraints on the activities of research, development and innovation. Mainly, it can be run within the categories of units listed below, regardless of the type of ownership and form of their organization: the national research institutes) and development;
  

b) research and development units, organised as a public institution subordinated to the central public administration authorities;
  

c) units or structures within the research and development of higher education;
  

d) units of scientific research of the Romanian Academy, organized as public institutions;
  

e) research and development units of the branch academies, organized as national institutes of research and development, or as public institutions;
  

f) companies for research and development, or compartments within companies or public corporations, as well as research and development establishments under the control of autonomous public corporations;
  

g) museums and other units with legal personality. "
  

5. Article 3 shall read as follows: Art. 3. — (1) the allocation by the State of the financial resources for this purpose is the priority of the budgetary expenses.

(2) budgetary resources allocated by the State budget. > must heed the world trends in the field and not be less than one fifth compared with the budgetary resources allocated to the head. >."
  

6. Article 4 shall read as follows: Art. 4.-(1) the Ministry of research and technology is the specialized central public administration in the field of research-development and innovation, which has the role and responsibility to define, develop, coordinate and ensure the due mainly to: (a) strategic planning and goals);
  

(b) policies for the attainment of) strategic planning;
  

c) normative, functional, operational and methodological and financial execution of policies;
  

d) assigning implementation of policies;
  

e) monitoring, evaluation and control of the achievement of the policy.
  

(2) the Romanian Academy, the Ministry of national education and the other parent, authorising officers who, through the State budget, funds allocated for scientific research, the finances of these own programs, including research grants. "
  

7. Article 5 shall read as follows: Art. 5.-the Ministry of research and technology stimulates dialogue with scientific communities structures and other structures of civil society. To this end, consult and stimulates the involvement of these structures in the definition and implementation of policies in the field of research-development and innovation, including through financial support. "
8. Article 6 shall read as follows: Art. 6. domain specific Terminology-research-development and innovation is contained in the annex which forms an integral part of this Ordinance. "
9. Article 7 shall read as follows: Art. 7. — (1) the national plan for research, development and innovation, the national plan is the instrument through which the State carries out the general policy in the field of research-development, innovation and ensure their correlation.

(2) the national plan, including evaluating the necessary sources, is prepared by the Ministry of research and technology, on the multiannual period, and approved, after analyzing and advising in the Interdepartmental Council on Science, technology and innovation, by decision of the Government. "
  

10. Article 8 shall read as follows: Art. 8. — (1) the national plan contains research and development programs, and programs to incentivize innovation.

(2) the programmes contained in the national plan shall assess, on an annual basis, and shall be detailed provisions shall be approved by the annual Ministry of research and technology, which informs the Government of accomplishing it.
  

(3) in the elaboration, the assessment and the level of detail of the national plan, the Ministry of research and technology shall consult with an advisory College research and development and innovation, hereinafter referred to as the Advisory College.
  

(4) the Advisory College has proposed by representatives of scientific communities, including University and work in the presence of civil society representatives.
  

The College structure reflects scientific competence, advisory and supply and demand in the field of research-development and innovation.

(5) the framework regulation and the component College of advisory and working bodies approved by order of the Minister of research and technology.
  

(6) For the work done, the members of the College's Advisory and working bodies thereof are remunerated at the level of the highest professional degree of research and development, established for budgetary units. "
  

11. Article 10 shall read as follows: Art. 10.-the strategic objectives pursued by the national plan shall be established and updated by the Ministry of research and technology, in accordance with the priorities of economic and social policies of the Government. "
12. Article 12 shall read as follows: Art. 12.-(1) the Ministry of research and technology provides annually in its own budget, the financial resources necessary for carrying out the policies in the field of research-development and foster innovation.

(2) for this purpose in the budget of the Ministry of research and technology, may be entered in title sums > State budget for research and Development Fund and the Fund for fostering innovation, within the meaning of this Ordinance, the funds, and the amounts representing the necessary budgets to contracting and consultancy services for expertise, studies, analyses, monitoring, evaluations and similar activities in the field of research-development and innovation to assess and control the management of programmes and projects for seminars and round tables, as well as promotional actions and dissemination of scientific information, for translations.
  

(3) consulting services and expertise provided for in paragraph 1. (2) the Ministry of research and technology can, following a call for tenders, to enter into contracts and with individuals, authorized under Decree-Law No. 54/1990, as subsequently amended, with university professors, University lecturers, heads, researchers, as well as certified experts. These people do not have the status of associate, within the meaning of art. 20 and annex. 11 in the law. 40/1991, republished, nor the quality of employee with civil Convention, within the meaning of art. 2 of law No. 83/1995.
  

(4) the Ministry of research and technology also provides, in its own budget, the financial resources necessary to carry out and other expenses provided for by the law. "
  

13. Article 13 shall read as follows: Art. 13. — (1) the funds referred to in article 1. 12 consists of resources allocated from the State budget for the programmes provided for in the national plan.

(2) Appropriations for multiannual programmes shall be made annually. "
  

14. Article 15 shall read as follows: Art. 15.-the Ministry of research and technology can be attributed to the leadership of the institutions programs of research, development and innovation, accredited universities or their structures, economic operators, other public institutions with research and development and innovation, as well as non-governmental organizations competent in the field, with established criteria-based capability, competitive system or directly. "
15. Article 16 shall read as follows: Art. 16.-Assignment management programs is done in accordance with the detailed procedures, which shall be approved by decision of the Government on the proposal of the Ministry of research and technology. "
16. Article 18 shall read as follows: Art. 18. — (1) managers of programs assigned projects, contract or contract of civil finance system in the competition or, where appropriate, either directly or in the institutional system as having a right to a share in the value of the contract to be provided and used to cover their own expenses incurred in the realization of the contract. The amount of the expense categories, and other conditions for the granting of such shares shall be determined through guidelines approved by decision of the Government.


(2) where appropriate, projects are assessed by the Evaluation Committee, on the basis of specific criteria and procedures developed by the Ministry of research and technology. "
  

17. Article 20 shall read as follows: Art. 20. — (1) projects may be carried out, where appropriate, by one or more individuals.

(2) in the event that the project is awarded to an individual in a managerial capacity, the project must be authorized to carry out activities independently, pursuant to Decree-Law No. 54/1990, as amended, in the field of research-development, consulting, expertise and the like.
  

(3) a natural person, the project leader, must have jurisdiction, assessed by expert committees of Directors of programs. Are exempted from evaluation to university professors, conferentiarii, and certified scientific researchers. "
  

18. Article 21 shall read as follows: Art. 21.-(1) Incentive Programs of research-development may include financial instruments intended for obtaining results of prestige and valorization, including through international partnership.

(2) innovation incentive Programs may include financial instruments projects intended for direct stimulation of enterprises, especially small and medium ones, to capitalize on the results of the research-development, innovation is absorbed or adopt an innovative firm behaviour, including through international and local development partnership. "
  

19. After article 22 shall be inserted in article 22 ^ 1 with the following content: "Art. 22 ^ 1. -Through the use of financial instruments, the State accepts the existence and risk of the market, subsidies for the State budget in order to implement policies for research and development and innovation. Employment situation of failure is established by the Ministry of research and technology, on the basis of analyses carried out by experts. Market failure does not assume the obligation to recover funds spent. "
20. Article 23 shall read as follows: Art. 23. — (1) the resources allocated from the State budget for the establishment of the funds referred to in the title of the budget Ministry > research and technology, according to the provisions of this Ordinance, shall assign the expressways and shrinks with the leaders and managers and developers of projects, or parts thereof, by exemption from the provisions of art. 79 para. (1) of law No. 72/1996 on public finances.

(2) the provisions of paragraphs 1 and 2. (1) shall also apply in the case of other expenses referred to in art. 12(3). (2) of this Ordinance.
  

(3) the funds referred to in paragraph 1. (1) and (2) do not provide for distinctly on the recipients and categories of expenditure, by exemption from the provisions of art. 38 and of art. 79 para. (2) of law No. 72/1996.
  

(4) personnel who participate in the projects contained in the national plan receive monthly, for the income from this activity, a reduction of the tax by 50 percent. "
  

21. Article 26(2) shall read as follows: Art. 26.-the Government will approve it within 180 days of the date of entry into force of the law of this Ordinance, the detailed rules laid down in article 21. 16, drawn up by the Ministry of research and technology, as well as those set out in article 11. 18 and 25, prepared by the Ministry of research and technology, in consultation with the Ministry of finance. "
22. Article 27(2) shall read as follows: Art. 27.-within 60 days after the date of entry into force of the law of this Ordinance, the Ministry of research and technology will establish guidelines on how to award research funding. "
23. Article 28 shall read as follows: Art. 28. — (1) For the years 1997 and 1998, the provisions of art. 8 para. (1), art. 9, art. 12 lit. the-c)) and art. 14 of the Government Ordinance. 25/1995, as amended and approved by law No. 51/96, relating to financing, Contracting and harnessing research and development activity, contained in the national programme of scientific research and technological development, approved by the decision of > Government. 1.095/1995, as well as the provisions of governmental decision nr. 1.096/1995 still remain valid.

(2) For the years 1997 and 1998, the funds provided for in art. 13 will be constituted and will operate experimentally.
  

(3) during the year 1997 as the elaboration and approval of the national plan will fund, experimentally, some programs, within a limit of up to 30% of the amounts provided for in this year, for the research and development activity in the budget of the Ministry of research and technology. "
  

24. Article 29(3) shall read as follows: Art. 29.-limits in Government Ordinance. 25/1995 on the regulation of the organisation and funding of research and development activity, as it has been approved and amended by law No. 51/1996 and subsequently amended by order No. 44/1996 and through the Government's Emergency Ordinance No. 91/1997 are extended as follows: period provided for in art. 25 para. (1) as well as under article 13. 27, up to 31 December 1998. "


Article 2 of the Government Ordinance No. 25/1995 on the regulation of the organisation and funding of research and development, published in the Official Gazette of Romania, part I, no. 194 of 25 august 1995, approved and amended by law No. 51/1996, published in the Official Gazette of Romania, part I, no. 134 of 27 June 1996 and its subsequent amendments, changes as follows: 1. Article 13 (2) (f)) and j) shall read as follows: "(f)) for the financing of maintenance, operation, officials and special installations security national interest;"
"j) expenses for mobility specialists from research and development and innovation."
2. Article 22(1) shall read as follows: Art. 22-(1) research results, resulting in tangible and intangible assets, and made from public funds, are considered to belong to the contractor, complying with the provisions of art. 5 and 48 of the law nr. 64/1991, if the contract has not been otherwise, and shall be recorded in the accounts of it, regardless of the date of completion, including those obtained from contracts whose beneficiary is or has been the Ministry of research and technology. Results of research completed during the period 1 January 1993 to 31 December 1995 shall be subject to the provisions of this article.

(2) Scientific Communication by any means, shall be subject to the preceding paragraph, in compliance with the provisions of the law on intellectual property. "
  


Article 3 the Government Ordinance. 25/1995 on the regulation of the organisation and funding of research and development activity, approved and amended by law No. 51/1996, as amended, and the Government Ordinance. 8/1997 on fostering research and development innovation, with subsequent amendments, will the Republic Official Gazette of Romania, giving it a new texts.
This law was adopted by the Chamber of deputies at its meeting on 6 April 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES, this law was adopted by the Senate at its meeting on 6 April 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CRISTIAN SORIN DUMITRESCU CHAIRMAN SENATE Annex 1 (the Government Ordinance No. 8/1997) for the purposes of this Ordinance shall be: 1. fundamental research-activity oriented towards the acquisition of new scientific knowledge, as well as the formulation and verification of new hypotheses and theories, without, however, commercial or industrial use;
2. research activities-the practical objectives-oriented activity, resulted in investigations with original character, developed for the purpose of acquiring new knowledge for the development of new products, processes or services or to significantly improve products, processes or services;
3. scientific research-research activities fundamental and applicative research, taken together;
4. precompetitiva-research activity aimed at transforming research results into application plans, schemes or documentation for new products, processes or services, even if they are intended to be sold or used, and which include the manufacture of experimental model and the first prototype, which may not be used for commercial purposes; research on precompetitiva does not include the routine or periodic changes of products, product lines, manufacturing processes, services, or other existing activities, even where these changes represent improvements;
5. competitive research-oriented activity transformation of precompetitive research results into products, processes and services which can respond directly, market demand; includes the activities of systems engineering, engineering and technological design;
6. technological development-precompetitiva research and competitive research, taken together and containing technology transfer activities and use of inventions, which is achieved through the development, transfer and application of research results in the economy and in society and that are aimed at introducing and materialization of new products, processes and services, as well as improving existing ones;
7. research and development activities of scientific research and technological development, taken together;
8. innovation-oriented activity by generation, exploitation and assimilation of novelties in the sphere of economic and social sphere;

9. innovation-as a new feature or improved functionality of widening a times a product, process or service, in any of the fields, and that could respond market demand times or times can generate a new demand on the market;
10. innovation-as a process-activity that allows the emergence of innovation-like product, and that is based on individual behaviour, social or company, creative and dynamic; innovation-like process includes research-development;
11. product innovation-the introduction of economy of a new product or with some improved features significantly, so as to provide new or improved services to the consumer;
12. technological innovation-the introduction of economy of a process or a significant improvement in technologies of the time existing ones, including improvement of management methods and organization of work;
13. technology transfer work to disseminate information, to explain, to transfer knowledge, to provide advice and to communicate with people who are not experts in the problem, about the results of basic research, precompetitive applied and, in such a manner that increases the chance of applying such results, provided that there is an owner of results;
14. recovery-the process by which competitive research results end up being used in accordance with the requirements of industrial and commercial activity, in social and cultural life;
15. the dissemination of information, transfer of experience and good practices and cooperation in order to promote innovation, to support those who want to create innovative enterprises and for supporting innovative projects;
16. the absorption capacity of the socioeconomic environment innovation-to embrace innovation, particularly in enterprises, to use, transform and broad knowledge of the results of innovation in order to loose the possibility these results into new products, processes or services;
17. the diffusion of innovation-how innovation spreads through market mechanisms or other means;
18. project-purposeful, which is forecast to be effected within a period determined by and within resources allocated and which is attached to a set of rules, goals and activities;
19. the innovative technological project-project by which an enterprise can introduce new technology or purchasing a specific piece of equipment, machine, in order to obtain certain products, processes or services, or new or improved through which the production of new products or services required in the market, or by adopting an innovative behaviour;
20. theme in the research and development programs-a reference framework of the necessities, of one or more disciplines in the field of research-development of a technology or a sector or an area of society, for which you can define projects;
21. the topic of incentive to innovation-a discipline of innovation-like process, a coherent set of alternative approaches or an industry in which innovation project results can be absorbed or disseminated;
22. Programme-themes that relate to each other and by which it seeks the implementation of a policy;
23. policy-direction, or mode of action, adopted by the Government, by a Ministry or by a specialized body of the central public administration, as well as of the local public administration;
24. the leadership of the program/project work to control and administer a program/project through performance monitoring and by decision, on the basis of a predefined plan;
25. a physical person or consultant-legal or professional services advice grant;
26. expert individual or legal person having knowledge, skill and specialization in a particular field;
27. a non-governmental organization-Romanian legal person governed by public or by private law, public interest, nepolitica, non-profit, recognized under the law as having legal personality and that is not invested with the exercise of State authority and neither is part of the public administration system;
28. non-refundable allowance grants to individuals, non-governmental organizations, businesses and public institutions;
29. financial instruments-financial modalities of intervention to reduce the risk in the market or for other purposes, by offering capital occasionally or consistently over a period; such tools are: grant, grant, capital home equity, venture capital, microcredit Development Fund, and the like;
30. the activity that follows the demonstration-to prove both the viability of a new technology, and, where appropriate, its possible economic benefits in order to implement new technologies and scope of participation by both producers and users;
31. monitoring to track work, observe, measure and verify consistently, an activity in terms of performance and efficiency use of resources, human, material and financial resources, as well as to devise appropriate measures to achieve the objectives set out in the conditions.
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