Act No. 110 / 2009 Coll.
Act amending Act No. 130 / 2002 Coll., on Public Aid for Research and Development and amending certain related laws (Act on Support for Research and Development), as amended, and other related laws
Valid
Law
Effective from 01.07.2009
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110
THE LAW
of 27 March 2009
amending Act No. 130 / 2002 Coll., on Public Aid for Research and Development and amending certain related laws (Act on Support for Research and Development), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the R & D Support Act
Act No. 130 / 2002 Coll., on the promotion of research and development from public funds and on the amendment of certain related laws (Act on the promotion of research and development), as amended by Act 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 amended as follows:
1. In the title of the Act, in the title of Part One, in Section 1 of the Introductory Part of the Provisions and in Sections 1 (b) and (c), the words "and development 'are replaced by the words" experimental development and innovation'.
2. in Paragraph 1 (a):
"(a) the rights and obligations of legal persons and natural persons, the tasks of the organisational bodies of the State, and the tasks of the organisational units of the Ministry of Defence and the Ministry of Interior (hereinafter referred to as" the Ministry's organisational unit "), dealing with research, experimental development and innovation supported by public funds, as well as conditions of support and competition in research, experimental development and innovation,"
3. In Article 1 (b), "and development 'is replaced by" experimental development and innovation';
(4) Sections 2 to 5, including the headings and footnotes 2 to 6, read:
Definition of terms
(1) For the purposes of this Act:
(a) basic research on theoretical or experimental work carried out in particular to acquire new knowledge of the fundamental principles of phenomena or observable facts, which are not primarily aimed at the application or use in practice;
(b) applied research on theoretical and experimental work to acquire new knowledge and skills for the development of new or significantly improved products, processes or services;
(c) experimental development of the acquisition, assembly, formation and use of existing scientific, technological, commercial and other relevant knowledge and skills for the design of new or significantly improved products, processes or services (hereinafter referred to as "development");
(d) innovation by introducing new or significantly improved products, processes or services into practice, distinguishing between:
1. innovation of procedures which means the implementation of a new or significantly improved method of production or provision of services, including significant changes in technology, equipment or software;
2. organisational innovation, which means the implementation of a new way of organising business practices of enterprises, workplaces or external relations.
(2) For the purposes of granting aid:
(a) by the provider of the State's organisational body or the local authority which decides to grant the aid and which provides it;
(b) by the applicant, the State's organisational unit or the Ministry's research and development unit, as well as the legal person or natural person applying for the aid;
(c) the beneficiary of the tenderer for whom the aid has been decided by the provider;
(d) by a research organisation, a legal person, an organisational body of the State or an organisational unit of the Ministry dealing with research and development
1. whose main purpose is to carry out basic research, applied research or development and to disseminate their results through teaching, publishing or technology transfer; the provisions on the main purpose of the research organisation shall apply to its organisational component,
2. which profit reinvests in the activities referred to in point 1;
3. the research capacities or results referred to in point (k) of which do not have preferential access by entities carrying out an economic activity consisting in the supply of goods or services likely to affect it;
(e) the infrastructure of the establishment or support activity of research, development and innovation, which is supported by public resources and which may include:
1. research, development and innovation services,
2. special research facilities, including their acquisition, related investments and the provision of their activities, which are necessary for part of the research and development activity and which are set up by research organisations for their own use;
3. data acquisition and storage systems;
4. the activities of legal entities providing administration and funding for research, development and innovation;
5. verification and dissemination of research and development results;
(f) a large infrastructure for research, development and innovation of a unique research facility, including its acquisition, related investments and the provision of its activities, which is necessary for a comprehensive research and development activity with a high financial and technological intensity and which is approved by the Government and established by one research organisation for use by other research organisations (hereinafter referred to as "large infrastructure"),
(g) a public contract for the research, development and innovation of services in applied research, development or innovation for the needs of a provider or an administrative authority which is not a provider, provided that these only users are awarded the result referred to in point (k) to the beneficiary under the programme of applied research, development and innovation in accordance with the procedure laid down in the Public Procurement Act ("the Public Procurement Act") and are carried out by a research and development body (hereinafter referred to as "the Public Procurement Act"),
(h) the research, development and innovation programme, a set of material, time and financial conditions for the activities needed to achieve the objectives;
1. applied research, development and innovation, announced by the provider in a competition for research, development and innovation or in a contract for individual projects [point (i)] under the programme,
2. international cooperation of the Czech Republic in research and development carried out under an international treaty binding on the Czech Republic, including cooperation carried out under legal acts issued to implement such contracts; or
3. operational programmes in research, development and innovation,
hereinafter referred to as "the programme ',
(i) by the research, development and innovation project, a set of material, time and financial conditions for the activities necessary to achieve the objectives of research, development and innovation formulated by the tenderer in the tender for research, development and innovation, or by the contractor in the framework of the award of the contract (hereinafter referred to as the project);
(j) another participant in the project, the State's organisational unit or the Ministry's research and development unit, a legal person or a natural person whose participation in the project is defined in the project proposal and with whom the beneficiary has concluded a contract to participate in the project;
(k) the result of research, development and innovation is:
1. in the basic research of new knowledge of the fundamental principles of phenomena, processes or observable facts which are published according to the practice in the given scientific field;
2. in applied research, new knowledge and skills for the development of products, processes or services, knowledge and skills applied as results which are protected under laws governing the protection of the results of author, inventive or similar activities 17) or used by the professional public or other users, or knowledge and skills for the needs of the provider used in his activities, if they arise in the performance of the contract,
3. in the development of proposals for new or significantly improved products, processes or services;
4. in innovation new or significantly improved products, processes or services put into practice;
("the result '),
(l) eligible costs such as or in connection with research, development and innovation costs which may be incurred by the beneficiary for or in connection with research, development and innovation activities,
1. personnel costs or expenses, including grants for research, development and innovation under the Higher Education Act (3);
2. costs or expenses of acquiring tangible and intangible assets;
3. other operating costs or expenditure;
4. costs or expenses of services;
5. additional costs or expenditure;
(m) recognised costs such eligible costs or expenditure in research, development and innovation as approved by the provider and justified.
(3) National R & D & I Policy of the Czech Republic is a document approved by the Government, which contains the basic objectives of the aid, its substantive focus, the assumption of the development of expenditure on research, development and innovation from the state budget, European Union funds and private sources, the priority of applied research, development and innovation for a period of 4 to 6 years and measures to implement it (hereinafter referred to as "National R & D & I Policy").
Subject matter, modalities and providers
(1) Aid, including the promotion of infrastructure and the promotion of large infrastructure, can only be granted to the extent and under the conditions laid down by this Law as special purpose or institutional support.
(2) Objective aid may be granted for:
(a) a grant project in which the beneficiary sets out the objectives and methods of solutions in basic research itself in a group of grant projects declared by the provider;
(b) a programme project in which the beneficiary expresses how and under which conditions it will contribute to the achievement of the programme's objectives; the management of the programming project may include the necessary basic research activities, where they are linked to industrial research, development or innovation activities;
(c) specific university research carried out by students in carrying out accredited doctoral or Master's degree programmes and which is directly linked to their education;
(d) large infrastructure.
(3) Institutional aid may be granted for:
(a) the long-term conceptual development of the research organisation on the basis of an evaluation of the results achieved;
(b) international cooperation of the Czech Republic in research and development carried out under international agreements, including cooperation carried out under legal acts issued for their implementation, such as:
1. fees for participation of the Czech Republic in international research and development programmes,
2. fees for membership of international research and development organisations; or
3. financial holdings from the Czech Republic in support of international cooperation projects in research, development and innovation, where this financial contribution can be paid from public funds and where the projects are supported from the budget of other States or from the budget of the European Union or from the funds of international organisations;
(c) operational programmes in or for research, development and innovation which provide research, development and innovation objectives;
(d) the provision of competition in research, development and innovation, the award of a public contract, including the cost of evaluating and checking projects and evaluating the results achieved, and the evaluation of the conditions for granting aid for specific higher education research, large infrastructure or international cooperation of the Czech Republic in research, development and innovation, up to a total of 2,5% of the funds of the research, development and innovation provider in the calendar year concerned, with the exception of the costs of the bodies covered by point (f);
(e) a substantive or financial evaluation of the exceptional results of research, development and innovation, or a financial evaluation of the promotion or popularisation of research, development and innovation, where the conditions for evaluation are laid down by the Government on a proposal from the Research, Development and Innovation Council;
(f) the costs associated with the activities of the Council for Research, Development and Innovation, the Grant Agencies of the Czech Republic, the Technology Agency of the Czech Republic and the Academy of Sciences of the Czech Republic4).
(1) The purpose aid is granted in the form of grants to legal or natural persons, or by an increase in the expenditure of the State's organisational units, the local authorities or the departments of the Ministry of Research and Development
(a) grant projects from the expenditure of the Grant Agency of the Czech Republic;
(b) programme projects in cross-sectional and sectoral areas of research, development and innovation, as defined by the Government on a proposal from the Council for Research, Development and Innovation in National Research, Development and Innovation Policy, from expenditure on research, development and innovation of the relevant purpose support provider in the field;
(c) programming projects from expenditure of the Technology Agency of the Czech Republic,
(d) projects addressed under the Spatial Authority Programme from its R & D and innovation expenditure;
e) projects of international cooperation programmes of the Czech Republic in research and development, projects of large infrastructures approved by the government and specific university research on R & D expenditure of the Ministry of Education, Youth and Sports.
(2) Institutional support is provided from research, development and innovation expenditure on:
(a) the long-term conceptual development of the research organisation based on an evaluation of the results achieved by the research organisation in the form of a subsidy to legal persons or an increase in the expenditure of the State's organisational units, the organisational units of the local authorities or the departments of the Ministry of Research and Development
1. their founder, where research, development and innovation can be supported from its budget chapter, in the case of a local authority, from its budget;
2. The Ministry of Industry and Trade or the Ministry of Agriculture, as applicable, if the research organisation is established under private law,
3. The Ministry of the Interior, if the research organisation performs mainly security research,
4. The Ministry of Defence, if the research organisation is its organisational unit,
5. Ministry of Education, Youth and Sports, if institutional support cannot be provided under points 1 to 4,
(b) international cooperation of the Czech Republic in research and development pursuant to § 3 (3) (b) of the Ministry of Education, Youth and Sports,
(c) operational programmes in research, development and innovation by the Ministry of Education, Youth and Sports or by the Ministry of Industry and Trade as appropriate;
(d) the activities referred to in § 3 (3) (c) to (e) by the relevant provider and the Research, Development and Innovation Council through the budget chapter of the Office of the Government of the Czech Republic.
Draft State budget expenditure on research, development and innovation
(1) The proposal for State R & D expenditure is based on the National R & D & I Policy and contains a proposal for expenditure for a calendar year and a medium-term outlook for aid for a period of immediately following 2 years.
(2) Before submitting the first draft of expenditure referred to in paragraph 1, the Government shall approve the programme which is opened in the calendar year. The draft programme shall be prepared by the competent administrative authority in accordance with the National Research, Development and Innovation Policy. The draft programme shall be submitted by the processor to the Research, Development and Innovation Council for an opinion. In case the programme is implemented by the Technology Agency of the Czech Republic, its expression is included in the draft programme. The draft programme shall include in particular:
(a) the programme's identification data, its possible breakdown into sub-programmes, the date of its publication and the duration;
(b) total expenditure on the implementation of the programme or sub-programme, of which public expenditure, indicating the expenditure of the State budget, and their breakdown by year;
(c) the maximum allowable aid intensity and its justification;
(d) the specification of the objectives of the programme, together with their justification and how they are achieved, the criteria for meeting the objectives of the programme, the comparison with the current situation in the Czech Republic and abroad and the expected results and benefits of the programme;
(e) requirements for demonstrating the eligibility of candidates and the method and criteria for evaluating project proposals.
(3) A proposal to amend the programme shall be submitted if the provider intends to:
(a) increase or reduce total expenditure on the programme or sub-programme by more than 20%;
(b) amend the aid intensity allowed;
(c) change the duration of the programme; or
(d) amend the objectives of the Programme.
The proposal to amend the programme shall be submitted mutatis mutandis in accordance with paragraph 2.
(4) If the proposal referred to in paragraph 1 is to include a requirement to initiate 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 notifying the programme to the European Commission, including the procedure for amending the programme, is governed by the directly applicable provisions of the European Community5).
(6) The programmes defined by this Act are not covered by the provisions on the programmes provided for in the budget regular 6).
2) Act No. 137 / 2006 Coll., on Public Procurement, as amended.
3) Paragraph 91 (2) (c) of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education), as amended by Act No. 552 / 2005 Coll.
4) § 3 paragraphs 1 and 2 of Act No. 283 / 1992 Coll., on the Academy of Sciences of the Czech Republic, as amended.
5) Council Regulation (EC) No 659 / 1999 of 22.3.1999 laying down detailed rules for the application of Article 93 of the EC Treaty. Commission Regulation (EC) No 794 / 2004 of 21.4.2004 implementing Council Regulation (EC) No 659 / 1999 laying down detailed rules for the application of Article 93 of the EC Treaty.
6) Sections 12 and 13 of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended by Act No. 26 / 2008 Coll. '
5. The following Section 5a is inserted after Section 5, including footnote 7:
(1) The overall amount of expenditure on research, development and innovation in each budget chapter shall be determined by the Government on a proposal from the Research, Development and Innovation Council.
(2) The Research, Development and Innovation Council shall send to the administrators of budgetary chapters 7)
(a) a proposal for an overall amount of expenditure on research, development and innovation of each budget chapter;
(b) a proposal for the amount of expenditure referred to in Article 6 (2) (c) broken down by research organisation; the proposal is based on an evaluation of the results achieved by research organisations over the past 5 years, the National Research, Development and Innovation Policy and the results of the international research and development evaluation in the Czech Republic.
(3) The managers of the budget chapters from which research, development and innovation are supported shall draw up a proposal for expenditure on research, development and innovation of their chapters in order to ensure that projects launched in previous years and other commitments are implemented as a priority. The draft expenditure shall include in particular:
(a) a proposal for the amount of expenditure broken down in accordance with Article 6, whereby the draft amount of expenditure referred to in Article 6 (2) (c) is further broken down by research organisation;
(b) data on approved programmes pursuant to Article 5 (2) and other research, development and innovation activities eligible under Article 3.
(4) Proposals for expenditure on research, development and innovation will be submitted by the administrators of the budget chapters to the Research, Development and Innovation Council to discuss them. The Council of Research, Development and Innovation may recommend to the Government an adjustment to the draft amount of expenditure according to the results of the international research and development evaluation in the Czech Republic, which it publishes in a manner that allows remote access not later than the date of dispatch of the draft expenditure referred to in paragraph 2.
(5) If there is a requirement to launch a new programme in the medium-term aid proposal, it must be justified. The statement of reasons shall state:
(a) the name of the programme;
(b) the focus and objectives of the programme;
(c) the duration of the programme;
(d) total expenditure on the implementation of the programme in each year, of which public expenditure, indicating State budget expenditure, and a proposal for aid intensities.
7) § 3 (g) of Act No. 218 / 2000 Coll. '.
6. Article 6 to 8, including the headings and footnotes 7a and 7b, read:
(1) Total expenditure on research, development and innovation is a binding indicator of the relevant budget chapters, of which total institutional support and total targeted support.
(2) Of the total expenditure on research, development and innovation of each budget chapter, they are other binding indicators where applicable,
(a) specific support for applied research, development and innovation programmes;
(b) special purpose aid for specific higher education research;
(c) institutional support of research organisations, according to an evaluation of their results;
(d) institutional support for international cooperation of the Czech Republic in research and development.
Aid
(1) The aid is based on the National Research, Development and Innovation Policy and must be granted in accordance with the relevant rules and rules of the European Communities governing State aid for research, development and innovation (7a).
(2) Aid may be granted only for eligible costs.
(3) The purpose aid will be granted by the provider following a tender for research, development and innovation under this Act or under the award of a contract under the Public Procurement Act (2), except in the cases referred to in paragraphs 4 and 5, and those projects of international cooperation in research, development and innovation where the selection of projects took place at international level.
(4) The purpose aid for large infrastructure projects will be granted by the provider after approval by the government. When submitting a proposal for a large infrastructure project to the Government for approval, the first to third sentences of Paragraph 5 (2) shall be treated mutatis mutandis.
(5) For specific higher education research, special purpose aid shall be granted in accordance with the rules approved by the Government, in which the beneficiaries are designated, the criteria and the method of granting the aid.
(6) Institutional support shall be provided by the provider to the research organisation on the basis of an evaluation of the results achieved by the research organisation, in such a way that its share of the total amount of institutional support of research organisations from the state budget in a given year corresponds to its share of the value of the results of all research organisations achieved over the past five years, according to an evaluation carried out annually by the Research, Development and Innovation Council. The provider may adjust the amount of the aid according to a more detailed assessment using internationally accepted methodologies (7b), which, together with the results of a more detailed evaluation and rules on the adjustment of the aid before it is granted, shall be made public. The provider shall also take into account in institutional support the amount of indirect aid granted to the research organisation in previous years in the form of tax relief.
(7) Institutional aid for international cooperation is granted under § 3 (3) (b)
(a) points (1) and (2) through the authority or organisation representing the Czech Republic;
(b) point (3) on the basis of a request submitted by the tenderer's provider, selected in accordance with the rules of the relevant international research and development cooperation programme.
Application of the aid
(1) The beneficiary shall, in accordance with the Accounting Act (7c), keep separate accounts of expenditure or costs incurred for each project, for institutional support granted and for other activities in research, development and innovation supported by public funds pursuant to Article 3 (2) and (3) and monitor, within that register, expenditure or costs borne by the aid. (c) the beneficiary.
(2) The eligible costs of research, development and innovation carried out by the beneficiary and, where appropriate, by another project participant may be covered by the project's specific support.
(3) When acquiring tangible and intangible assets for research, development and innovation activities, only part of the acquisition costs corresponding to the intended use for the R & D and innovation activities may be included in the eligible costs.
(4) From institutional support, the beneficiary may cover the costs of research, development and innovation activities by other research organisations where such activities are the subject of cooperation in research, development and innovation between research organisations under a written contract.
(5) If the project does not specify in detail the subject matter of the service or acquisition of tangible or intangible property in research, development and innovation, including the price and rate applicable at the time of the design of the project and supplier, the beneficiary shall proceed according to the Public Procurement Act (2).
(a) Articles 87 to 89 of the EC Treaty. Commission Regulation (EC) No 1998 / 2006 of 15.12.2006 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid. Commission Regulation (EC) No 70 / 2001 of 12.1.2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises, as amended. Community framework for State aid for research, development and innovation, Official Journal of the European Union of 30 December 2006, C 323 / 01.
7b) For example Research Assessment Exercise. '
footnote 9 shall be renumbered footnote 7c, including the footnote reference.
7. In Paragraph 9 (1), the introductory part of the provision reads: "The provider shall conclude a written contract with the beneficiary of the special-purpose aid for the grant or programme project to provide aid for the selected project. The period of validity of the contract shall include the duration of the project and the subsequent period needed to evaluate the results of the project's solution, including the settlement of the support provided in accordance with the budget regular 8), but not more than 180 days from the date of completion of the project's solution. The validity of the aid contract may be extended. The elements of the aid contract are in particular '.
8. In Article 9 (1), the words "where several beneficiaries are involved, the name of the beneficiary who will coordinate the project in relation to the provider and his rights and obligations' shall be added at the end of the text of point (b).
9. in Article 9 (1) (g), the word "project" shall be inserted after the word "cost" and the words "public funds" shall be deleted;
10. in Article 9 (1) (i), the word "co-beneficiaries," shall be replaced by the words "other project participants, if any," and the words "public funds" shall be replaced by the words "indicating the amount of State budget expenditure."
11. in Article 9 (1) (j), the words "management, accounting and" shall be deleted and the word "project" shall be added at the end of the text of point (j);
12. in Article 9 (1), the following point (l) is inserted after point (k):
"(l) the way in which the results of the project solution are assessed, including the settlement of the aid granted;"
Points (l) to (p) shall be renumbered as points (m) to (q).
13. in Articles 9 (1) (n), 10 (1), 17 (2), VIII and 34 (1) (a) and (b), the words "and development" are replaced by the words "development and innovation."
14. in Article 9 (5) to (7):
"(5) If the beneficiary of the special-purpose aid for a grant or programme project or, where appropriate, another participant in the project to which the aid is to be granted, the State's organisational unit or the Ministry's research and development unit, the provider shall issue a decision on the grant of the aid in accordance with the budget plan (8). The provisions on the elements of the grant contract referred to in paragraphs 1, 2 and 4 shall apply mutatis mutandis to the details of the decision granting the aid. If the beneficiary and another participant in the project are an organisational component of the State under the responsibility of one budget chapter administrator, they shall not provide each other with cash in accordance with budget rules (8). In this case, the provider shall proceed in the same way as for several beneficiaries in accordance with paragraph 4.
(6) The decision referred to in paragraph 5 shall also be taken by the provider in the event of the provision of:
(a) institutional support to the research organisation by assessing the results achieved;
(b) special purpose aid for specific higher education research;
(c) aid for international cooperation; or
(d) institutional support for an operational programme project in research, development and innovation.
(7) The amount of the eligible costs and the related amount of aid granted for the whole duration of the project shall not be altered during the solution by more than 50% of the amount of the eligible costs or the amount of public aid referred to in the grant contract or in the decision granting the aid, as decided by the provider in the evaluation of the research, development and innovation competition or on the basis of a public contract. Changes in the level of recognised costs and the related amount of aid shall be justified, supported by approved activities and by an amendment to the grant agreement or decision and shall comply with the conditions of the aid laid down in this Act. ';
15. in Paragraph 9 (8), the words "or research intention" shall be deleted;
16. In the second sentence of Paragraph 10 (1), the words "or research projects' and in the third sentence, the words" or research plans' are deleted.
17. in the second sentence of Article 10 (2), the words "co-beneficiary" shall be replaced by the words "co-beneficiary"; the words "co-beneficiary" shall be replaced by the words "co-beneficiary"; the words "co-beneficiary" shall be replaced by "co-beneficiary"; the words "co-beneficiary" shall be replaced by "co-beneficiary"; the words "co-beneficiary" shall be replaced by "co-beneficiary" by "co-beneficiary";
18.Paragraph 10 (3) reads as follows:
"(3) The provider shall grant aid to beneficiaries for projects which are not public procurement on a one-off basis for the calendar year in question, in other cases at the dates set by the contract or decision granting the aid. ';
19. in Paragraph 10, paragraphs 4 and 5 are deleted;
20. In the title of Section 11, the word "project 'is added at the end of the text.
21. Paragraph 11 (1) reads:
"(1) The beneficiary of the aid for the solution of the applied research project shall conclude a contract with the user of the results to use the results, which shall be submitted by the provider no later than before the end of the project solution. The conclusion of the exploitation contract shall be based on the adjustment of the exploitation and ownership rights to the results set out in the grant contract referred to in Article 9 (1) (h). ';
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Regulation Information
| Citation | Act No. 110 / 2009 Coll., amending Act No. 130 / 2002 Coll., on Public Aid for Research and Development and on the amendment of certain related laws (Act on Support for Research and Development), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2009 |
|---|---|
| Effective from | 01.07.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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