Act No. 194 / 2016 Coll.
Act amending Act No. 130 / 2002 Coll., on the Promotion of Research, Experimental Development and Innovation by Public Resources and on the Amendment of Certain Related Laws (Act on the Promotion of Research, Experimental Development and Innovation), as amended
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Effective from 02.07.2016
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194
THE LAW
of 25 May 2016
amending Act No. 130 / 2002 Coll., on the promotion of research, experimental development and innovation from public funds and amending certain related laws (Act on the promotion of research, experimental development and innovation), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 130 / 2002 Coll., on the promotion of research, experimental development and innovation from public funds and on the amendment of certain related laws (Act on the promotion of research, experimental development and innovation), 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., Act No. 124 / 2008 Coll., Act No. 110 / 2009 Coll., Act No. 420 / 2011 Coll., Act No. 469 / 2011 Coll., and Act No. 49 / 2013 Coll., is amended as follows:
1. In Section 1 of the Introductory Part of the provision, the words "following the directly applicable provisions of the European Union36 'shall be inserted after the word" amended'.
footnote 36:
"(36) Articles 107 to 109 of the Treaty on the Functioning of the European Union."
2. in Paragraph 2 (1) (a), including footnote 37:
'( a) categories of support for basic research (37), applied research and innovation;
37) Article 2 (84) of Commission Regulation (EU) No 651 / 2014. ';
3. In Paragraph 2 (1), the words "; industrial research 38), experimental development 39) (hereinafter referred to as" development ') or their combinations are part of applied research' shall be added at the end of the text in point (b).
footnotes 38 and 39 read:
"(38) Article 2 (85) of Commission Regulation (EU) No 651 / 2014.
(39) Article 2 (86) of Commission Regulation (EU) No 651 / 2014. ';
4. in Article 2 (1), point (c) shall be deleted;
Point (d) shall be renumbered (c).
5. In Paragraph 2 (2) of the Introductory Part of the provision, the word "is' is replaced by" means'.
6. in Paragraph 2 (2) (d), including footnote 40:
"(d) a large research infrastructure research infrastructure (40), which is a research facility necessary for a comprehensive research and development activity with a high financial and technological intensity, approved by the Government and set up for use by other research organisations,
40) Article 2 (91) of Commission Regulation (EU) No 651 / 2014. ';
7. in Article 2 (2), points (e) and (f) are deleted;
Points (g) to (m) shall be renumbered as points (e) to (k).
8. in Paragraph 2 (2) (e), "(k)" is replaced by "(i)";
9. in Paragraph 2 (2) (g), including footnote 41:
"(g) a project of research, development and innovation41) (hereinafter referred to as" the project ") of activities falling within one or more categories of aid which are intended to fulfil an indivisible task of an accurate economic, scientific or technical nature with clearly defined objectives, formulated by a candidate in a research, development and innovation competition or by a provider in the framework of a contract award;
(41) Part 1.3, point 15 (b) (cc) Communication from the Commission - Framework for State aid for research, development and innovation (2014 / C 198 / 01). '
10. in Article 2 (2) (i), the words "or in the development of proposals for new or significantly improved products, processes or services" shall be added at the end of the text in point 2 and point 3 shall be deleted;
Point 4 is renumbered point 3.
11. in Article 2 (2), the following point (j) is inserted after point (i), including footnotes 42 to 44:
"(j) contractual research42) research carried out on behalf of an enterprise under the directly applicable European Union43), the implementation of which is used by the research organisation44) or the research infrastructure 40), where the enterprise owns the results of research activities, carries the risk of failure and provides adequate remuneration for the services received to the research organisation or research infrastructure;
42) Part 2.2, paragraphs 25 and 26, Communication from the Commission - Framework for State aid for research, development and innovation (2014 / C 198 / 01).
43) Annex I to Commission Regulation (EU) No 651 / 2014.
(44) Article 2 (83) of Commission Regulation (EU) No 651 / 2014. Article 1.3 (15) (ee) and Article 2.1 (19) of the Communication from the Commission - Framework for State aid for research, development and innovation (2014 / C 198 / 01). '
Points (j) and (k) shall be renumbered as points (k) and (l).
12. in § 2 (2) (k):
"(k) eligible costs for or in connection with research, development and innovation costs allocated to specific categories of aid and may be incurred by the beneficiary for or in connection with research, development and innovation activities,
1. personnel costs or expenses for researchers, technicians and other support staff to the extent necessary for the purpose of the project, including grants for research, development and innovation under the Higher Education Act (3);
2. Costs or expenses for the acquisition of tangible property to the extent and as long as such property is used for the purposes of the project; where the costs or expenses are not incurred under the project throughout its lifetime, only depreciation shall be regarded as eligible costs for the duration of the project calculated on the basis of generally accepted accounting principles;
3. costs or expenses of acquisition of intangible property, knowledge and patents purchased or acquired under a licence from outside sources under normal market conditions used exclusively for the purposes of the project;
4. costs or expenses of services, contract research or consultancy and equivalent services used exclusively for the purposes of the project;
5. Additional costs or expenses incurred in a direct temporal and factual context in the management of the project, the cost of which contributes to the implementation of the project, this definition means the share of the organisation's common operating costs (overhead) as costs which cannot be directly attributed to a specific project (indirect costs); the proportion of these costs is then determined at the percentage determined by the provider (flat rate) or at the level of the actual overhead costs determined in accordance with the single organisation methodology for applying complete indirect costs in projects (full-cost), '.
13. in Paragraph 3, paragraph 1, including footnote 45, reads:
"(1) Aid may be granted only to the extent and under the conditions laid down in this Act, European Union7a) and in accordance with the Framework on State aid for research, development and innovation45), as targeted or institutional support.
45) Communication from the Commission - Framework for State aid for research, development and innovation of 27 June 2014 (2014 / C 198 / 01). '
14. in Article 3 (2) (d):
"(d) a large research infrastructure project."
15. in Article 3 (3), the words "which mean the independent conduct of basic research (37), applied research, the public dissemination of the results of these activities on a non-exclusive and non-discriminatory basis or the transfer of knowledge (46) shall be added at the end of the text of point (a), provided that any gain from the transfer of knowledge is reinvested in the primary activities of the research organisation (44)."
Footnote 46:
"(46) Point 1.3 (15) (v) and point 2.1.1 (19) (b) of the Communication from the Commission - Framework for State aid for research, development and innovation (2014 / C 198 / 01)."
16. in Article 3 (3) (d), including footnote 47,
"(d) the provision of competition in research, development and innovation, the award of a public contract, including the cost of evaluating and checking the aid granted, the evaluation of the results achieved and the publication of information on the aid granted 47), and the evaluation of the conditions for granting aid for specific higher education research, large research infrastructure or international cooperation of the Czech Republic in research and development, 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);
47) Article 9 (1) (c) and Article 30 (4) of Commission Regulation (EU) 651 / 2014. Article 31 (4) of Commission Regulation (EU) No 702 / 2014 Part 4.7, paragraphs 119 and 120 of the Communication from the Commission - Framework for State aid for research, development and innovation (2014 / C 198 / 01). '
17. in Article 3 (3), the words "as well as the costs directly linked to the activities of the Ministry of Education, Youth and Sports as the central body of the State Administration responsible for Research and Development" shall be added at the end of the text in point (f).
18. in Paragraph 4 (1) (e), the word "research" shall be inserted after the word "large."
19. in Article 5 (2) (c), including footnote 48,
"(c) the definition of eligible costs, the maximum allowable aid intensity and its justification and other obligations laid down directly by the European Union48);
48) Articles 107 to 109 on the Functioning of the European Union. For example, Commission Regulation (EU) No 651 / 2014, Commission Regulation (EC) No 70 / 2001. '
20. In Article 5, at the end of paragraph 2, the dot is replaced by a comma and the following point (f) is added:
"(f) information on the legal framework for public aid under which public funds will be provided.";
21. in Article 5 (3) (b), "peace" is replaced by "intensity."
22. in Articles 5 (5), 7 (1), 33 (2) (a) and 35 (2) (j), the words "the European Communities" are replaced by the words "the European Union."
23. in Article 5 (6), the words "the programmes defined by this Act" are replaced by the words "all expenditure under this Act."
24. In Paragraph 5a, the following paragraph 5 is inserted after paragraph 4:
"(5) The Research, Development and Innovation Council shall submit a draft of the total amount of expenditure on research, development and innovation of each budget chapter within the meaning of paragraph 1, including a proposal for a medium-term perspective of expenditure on research, development and innovation to the Government by 31 May of the current year at the latest."
Paragraph 5 shall become paragraph 6.
25. in Article 5a (6) (d), the word "measure" is replaced by the word "intensity."
26. footnote 7a:
"(7a) Articles 107 to 109 of the Treaty on the Functioning of the European Union. For example, Commission Regulation (EU) No 651 / 2014, Commission Regulation (EC) No 70 / 2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises, as amended, Commission Regulation (EU) No 702 / 2014, Council Regulation (EC) No 723 / 2009 of 25 June 2009 on a Community legal framework for a European Research Infrastructure Consortium (ERIC). '
27. in Article 7, at the end of paragraph 3, the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) to a legal or natural person who is a firm in difficulty under the directly applicable European Union Regulation (49);
(d) a beneficiary against whom, following a decision of the European Commission, a recovery order has been issued pursuant to a directly applicable European Union50 Regulation, pending its amendment, the granting of aid is excluded.
49) Article 2 (18) of Commission Regulation (EU) No 651 / 2014. Article 2 (14) of Commission Regulation (EU) No 702 / 2014.
50) Article 1 (4) (a) of Commission Regulation (EU) No 651 / 2014. Article 1 (5) of Commission Regulation (EU) No 702 / 2014. ';
28. in Article 7 (5) and in Article 33 (2) (b), the word "research" shall be inserted after the word "large."
29. in Paragraph 8 (1), including footnotes 7c and 55:
"(1) The beneficiary, which is an entity, shall keep separate accounts for each project under the Specific Law 7c for each project, for any institutional support granted and for other activities in research, development and innovation supported by public funds pursuant to § 3 (2) and (3) respectively, and shall monitor the expenditure or costs incurred. The beneficiary, which is not an entity, keeps this separate register in the context of tax records under the Income Tax Act 55). The method of keeping such records shall be determined by the provider on the basis of the Income Tax Act.
7c) Act No. 563 / 1991 Coll., on Accounting, as amended.
55) Act No. 586 / 1992 Coll., on Income Taxes. '.
30. in Article 8, paragraph 3 is deleted;
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
31. in Article 9 (1), the introductory part of the provision reads as follows:
"(1) The provider shall conclude an aid contract with the beneficiary of the special-purpose aid for the project referred to in Article 3 (2), which shall be in writing. The contract shall be concluded for the duration of the project and for the subsequent period necessary for the evaluation of the results of the project, including the settlement of the support provided in accordance with the budget timetable (8), but not for more than 180 days from the date of completion of the project. The contract may be extended. The contract shall contain at least '.
32. in Article 9 (1) (g), the words "determined according to the different categories of aid referred to in Article 3 (2)" shall be inserted after the words "aid."
33. in Articles 9 (3), 14 (3) and 17 (1), the word "commercial" is replaced by "civil."
34. In the first sentence of Article 9 (5), the words "grant or programme 'are deleted and the words" pursuant to Article 3 (2)' are inserted after the words "project '.
35. in Paragraph 9 (8), "subjectivity" is replaced by "personality."
36. in Article 10 (3), the words "one-off for a given calendar year, in other cases" shall be deleted;
37. Article 11 shall be deleted, including the title.
38. in Article 14 (3) and (4), the words "or contracts for the use of results" shall be deleted;
39. In Article 16, the words "teaching or public dissemination of research results on a non-exclusive and non-discriminatory basis' shall be added at the end of the text of paragraph 1.
40. In the first sentence of Article 16 (2), the words "the ownership right to transfer to the provider 'are replaced by the words" to grant the provider unlimited free access to that result and non-discriminatory access to third parties on market terms' and the second sentence is deleted.
41.Paragraph 16 (4) reads as follows:
"(4) For the use of results, with the exception of paragraphs 1 and 2, the following shall apply:
(a) where the beneficiary is a research organisation or research infrastructure manager and has exclusive rights to a result fully financed by public funds, the use of results is possible, in particular, by teaching, disseminating research results on a non-exclusive and non-discriminatory basis or by transferring knowledge (46);
(b) if the undertaking is the beneficiary of the special purpose support for the project, together with the research organisation or research infrastructure manager,
1. the results of such cooperation, which cannot be protected under the laws governing the protection of the results of author, inventive or similar creative activities, may be freely disseminated and the rights to the results derived from the activities of the research organisation or research infrastructure fully belong to those beneficiaries; or
2. any rights to the results of the project, as well as the related access rights, belong to all the cooperating entities to an extent appropriate to their participation in the project's management; or
3. the research organisation or research infrastructure manager shall receive from the cooperating undertaking compensation corresponding to market prices for the rights to the results of the project resulting from their activities and which are referred to the co-operating undertaking or which the undertaking has acquired access rights to. ';
42.Paragraph 17 (2) reads as follows:
"(2) Public competition in research, development and innovation, its content and conditions and, where appropriate, cancellation must be announced by the provider in the Trade Journal and through the information system of research, development and innovation and may be published in another appropriate manner. The conditions of competition in research, development and innovation shall not be altered by the provider. The conditions of competition in research, development and innovation must include in particular:
(a) the name of the programme or group of grant projects;
(b) the name and address of the provider;
(c) the method and criteria for evaluating project proposals;
(d) the competitive period and the evaluation period under this law;
(e) the place, manner and date of publication of the results of the tender;
requirements for demonstrating the eligibility of candidates, the place, the date of publication and the receipt of the procurement documents, the place, manner and date of submission of project proposals. ';
43. In Paragraph 18, at the end of paragraph 2, the dot is replaced by a comma and the following points (h) and (i) are added:
"(h) is a legal or natural person who is not an undertaking in difficulty under the directly applicable European Union Regulation (49);
(i) against which, following a decision by the European Commission, a recovery order has not been issued pursuant to a directly applicable European Union50). ';
44. in Paragraph 18 (4) (b), "(c), (d), (f)" is replaced by "(c) to (f)";
45. in Paragraph 18 (4) (b), the words "(e) and" shall be inserted after the words "eligibility under paragraph 2 (b)," and "(e) and" shall be inserted after the words "eligibility under paragraph 2 (b)."
46. in Article 18 (4) (b), the words "(h) and (i)" shall be inserted after the words "paragraph 2 (c), (d), (f)";
47. in Paragraph 18 (4), point (c) shall be deleted;
48. in Paragraph 18 (5), including footnotes 31, 56, 57, 58 and 59:
"(5) In order to verify the subject matter of the activity of the tenderer with whom an aid contract is to be concluded or for whose benefit the decision to grant the aid is to be given, the provider shall request, under another legislature31, one of the following extracts:
(a) public register of legal and natural persons 56),
(b) from the register of persons 57),
(c) from the trade register (58); or
(d) from a list of research organisations under this law;
where appropriate, request from the tenderer a certified copy, not more than 90 calendar days old, of the instrument of incorporation, of the instrument of incorporation or of any other document of establishment or establishment, if the tenderer is not in any such public administration information system.
In order to substantiate the entitlement to the activity of the tenderer referred to in paragraph 2 (b), the provider shall, in addition, require a certified copy of the tenderer, not more than 90 calendar days old, to operate if it intends to carry out such activity in the context of the project management. Documents referred to in this paragraph shall not be submitted by persons established under a special law (59), by any other generally binding provision, or by a published decision.
31) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws.
56) Act No. 304 / 2013 Coll., on public registers of legal and natural persons.
57) Act No. 111 / 2009 Coll., on Basic Registers.
58) Act No. 455 / 1991 Coll., on Business Business (Trade Act).
59) For example, Act No. 111 / 1998 Coll., on Higher Education Institutions, as amended, or Act No. 341 / 2005 Coll., on Public Research Institutions. '
49. In Paragraph 18, the following paragraph 6 is inserted after paragraph 5:
"(6) An application for an extract from the public register of legal and natural persons and an extract from the trade register and such extracts may be transmitted in electronic form in such a way as to allow remote access. ';
Paragraphs 6 to 11 shall be renumbered paragraphs 7 to 12.
50. In Article 18 (7), the words "with which a contract to grant aid pursuant to Article 9 is to be concluded or in respect of which a decision to grant aid is to be given shall be inserted after the word" tenderer, "and the words" acting on behalf of the tenderer "shall be inserted after the words" For persons who "shall be inserted."
51. in Paragraph 18 (8), "6" is replaced by "7" and in paragraph 12, "8" is replaced by "9."
52. In Article 19, at the end of paragraph 1, the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) the model of the aid contract;
(j) the method of evaluation and selection of projects. "
53. In the second sentence of Article 20 (2), the dot is replaced by a comma and the words "which is also the date of the conclusion of the competition for research, development and innovation."
54. in Paragraph 21 (3), the heading '9' is replaced by '8 and paragraph 10';
55. In Paragraph 21 (4), the second sentence is replaced by the following: "The list of members of the expert advisory body shall be published by the provider at the same time as the publication of the results of the competition in research, development and innovation. The method of handling the data contained in the project proposals and other rules of its activity shall be adapted by the provider by an internal regulation which shall be published at the same time as the publication of a tender for research, development and innovation. ';
56. In Article 21 (6), the word "ensure 'is replaced by" implement' and the word "own 'is inserted after the word" pursuant to paragraph 5'.
57. In the second sentence of Article 21 (7), the words "and its justification 'and the words" via the Internet' are replaced by the words "on their website '.
58. In Paragraph 21, the following paragraph 9 is inserted after paragraph 8:
"(9) In the event of failure to demonstrate competence under Paragraph 18, the provider shall invite the tenderers to be removed in writing within five calendar days. '
Paragraphs 9 and 10 shall become paragraphs 10 and 11.
59.In Paragraph 22 (5), the number "10" is replaced by "11."
60. In Paragraph 31 (4), at the end of point (b), the dot is replaced by "or 'and the following point (c) is added:
"(c) from the date of approval of the programme by the Government or from the date of its assessment by the European Commission where the programme is subject to such an assessment obligation."
61. in Paragraph 33 (2), the dot is replaced by a comma at the end of point (d) and the following point (e) is added:
"(e) keeping a list of research organisations pursuant to Article 33a."
62. The following Section 33a is inserted after Section 33, including footnote 31, 44, 60 and 61:
List of research organisations
(1) The list of research organisations (hereinafter referred to as "the list") is a public administration information system (31), the administrator of which is the Ministry of Education, Youth and Sports.
(2) The list shall include organisations which have applied for entry in the list and have demonstrated the fulfilment of the definitions of the research and dissemination organisation laid down by European Union44), including the demonstration of the data recorded.
(3) The following data on the research organisation shall be entered in the list:
(a) the firm or name and registered office of the research organisation;
(b) the legal form of the research organisation;
(c) the identification number of the person, if assigned;
(d) the date of submission of the application for entry on the list;
(e) the date of entry in the list;
(f) the date of the last update of the list data;
(g) particulars indicating compliance with the definitions referred to in paragraph 2;
(h) other facts relating to the registered research organisation, in particular details of the subject matter of the activity which defines the research capacity.
(4) An application for the entry of a research organisation on the list, an application for the entry of a change in the recorded data or an application for the deletion of a research organisation from the list shall be submitted by the statutory authority of the applicant.
(5) The application for registration shall be accompanied by documentary evidence proving the facts to be included in the list and by documents which are incorporated in the list.
(6) Data included in the list, with the exception of birth figures, and a collection of documents are published by the Ministry of Education, Youth and Sports in electronic form in a way that allows remote access.
(7) The procedure for the listing of a research organisation as well as the procedure for the entry of amendments or deletion of facts so far shall be followed in accordance with the administrative rules.
(8) The Ministry of Education, Youth and Sports decides on the application for the inclusion of a research organisation in the list, as well as on the application for the entry of amendments or deletion of existing facts. If the conditions for registration are not met, the application shall be rejected. The Ministry of Education, Youth and Sports may initiate proceedings for the registration of an amendment or deletion on its own initiative.
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Regulation Information
| Citation | Act No. 194 / 2016 Coll., amending Act No. 130 / 2002 Coll., on the Promotion of Research, Experimental Development and Innovation by Public Resources and on the Amendment of Certain Related Acts (Act on the Promotion of Research, Experimental Development and Innovation), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.2016 |
|---|---|
| Effective from | 02.07.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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