Decree No. 267 / 2002 Coll.
Government Regulation on Information System of Research and Development
Valid
Regulation
Effective from 01.07.2002
Text versions:
01.07.2002
28.06.2002
267
GOVERNMENT REGULATION
of 29 May 2002
on the information system for research and development
The Government hereby orders, pursuant to Section 39 of 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) (hereinafter referred to as "the Act") to implement Sections 31 (2), (3), 7, 9 and 12 and Sections 32 (1) to (4) of the Act:
Definition of terms
For the purposes of this Regulation:
(a) activity of programme data or data on type of grant projects;
(b) an identification code indicating clearly in the information system R & D (hereinafter referred to as the "information system") the tender for research and development, the research project and development (hereinafter referred to as the "project"), the research project or the result established in accordance with the rules established by the information system administrator (hereinafter referred to as "the controller");
(c) by a guide from the provider, a certified document containing the data specified by the controller that clearly identifies the data file transmitted and information on the result of the completeness check carried out on the data transmitted and the links between them (hereinafter referred to as "data control").
Research and development project central data
(1) The central data for research and development projects include:
(a) the project identification code, its name in the Czech and English languages and activity;
(b) the basic data on the beneficiary and the co-beneficiary, which are:
1. the trading firm or the name or, where appropriate, the name and surname or designation of the organisational body of the Czech Republic or of the local authority, the identification number, if any, of the registered office or place of permanent residence and place of business, the legal form of the legal person; for a legal person who cannot have an identification number, the State in which it is registered; the address in the public information network (Internet address) and e-mail address, if any; and
2. details of the organisational component, internal organisational unit or component entrusted with specific legislation, (2) the instrument of incorporation, the instrument of incorporation or other document establishing or establishing the exercise of the rights and obligations relating to the solution of the project or part thereof, if any; or
3. name and surname, academic degrees and degrees (hereinafter referred to as "titles"), birth number, place of permanent residence of the natural person; if the person is not a national citizen of the Czech Republic, his name and surname, titles, nationality and birth number or, if not assigned to him, date of birth; address in the public information network (Internet address) and e-mail address, if any,
(c) basic data on the natural person responsible for the project's professional level or on the natural person responsible for the project's management, or, where appropriate, on other natural persons involved in the project, the name, surname, title and birth number; if the person is not a national citizen of the Czech Republic, his name and surname, titles, nationality and birth number or, if not assigned to him, date of birth; electronic or telephone connection to persons mentioned in the previous part of the sentence,
(d) the duration of the project's solution, the period of effectiveness of the grant contract in support of the selected project (hereinafter referred to as "the grant contract") or the enforceability of the decision to grant the aid to the selected project (hereinafter referred to as "the grant decision"), the date of commencement and termination of the grant of the special purpose aid, the state of the project's execution, or its justification, and information on changes to the grant contract or the decision to grant the aid, in Czech and English;
e) the subject matter and objectives of the project solution, the field of research and development and the distinction of the project according to § 2 (1) of the Act, in Czech and English,
(f) recognised project costs and their breakdown, the amount of the special-purpose support and, where appropriate, its breakdown, over the entire duration of the project and for each year of the project;
(g) the identification code of the competition in research and development where an aid contract is concluded or a decision to grant aid is taken on the basis of the result of a research and development tender;
(h) data on other projects and research projects to which the beneficiary is involved, which are included in the information system and address similar issues;
i) a brief evaluation of the project by the provider after the completion of its solution in Czech and English;
(j) the definition of the protection of data provided under specific legislation3 (hereinafter referred to as "confidentiality");
(k) the data specified by the controller clearly identifying the data set transmitted;
(l) other data relating to the promotion of research and development by public means provided for by special legislation4) or international commitments of the Czech Republic.
(2) Where the grant contract or decision relates to several beneficiaries, the information referred to in paragraph 1 (b), (c), (f) and (h) shall be given on each of them. Where more than one co-beneficiary is involved in the project, the information referred to in paragraph 1 (b), (c) or (f) shall be provided on each of them, as appropriate.
Data for the central record of research projects
Data for the central record of research projects shall include:
(a) the identification code of the research project, its name in the Czech and English languages and activity;
(b) the basic details of the beneficiary, which are:
1. the business name or name or, where appropriate, the designation of the organisational body of the Czech Republic or of the local authority, the identification number, if any, of the legal person's registered office and legal form, the address in the public information network (Internet address) and e-mail address, if any; or
2. details of the organisational component, internal organisational unit or component entrusted with specific legislation; (2) instruments of incorporation, instrument of incorporation or other evidence of establishment or establishment of the exercise of rights and obligations relating to the management of a research project, if any;
(c) basic data on the natural person responsible for the beneficiary for the professional level of the research project and, where appropriate, on other natural persons involved in the research project, which are the names and surnames, titles and birth number; if this person is not a national citizen of the Czech Republic, his name, surname, title, nationality and birth number or, if not assigned to him, date of birth; electronic or telephone connection to persons mentioned in the previous part of the sentence,
(d) the duration of the resolution of the research project, the enforceability of the decision to grant institutional support to the research project (hereinafter referred to as "the decision to grant the aid"), the date of the opening and termination of the provision of institutional support, the state of progress of the solution of the research project and, where appropriate, its justification, and information on changes to the decision to grant the aid, in Czech and English;
(e) the subject matter and objectives of the solution of the research project, the field of research and development and the distinction of research project according to § 2 (1) of the Act, in Czech and English;
(f) recognised costs of the research project and their breakdown, the amount of institutional support and, where appropriate, the breakdown of the research project over the entire period of the research project and each year of the research project;
(g) details of other projects and research projects to which the beneficiary is involved, which are included in the information system and address similar issues;
h) a brief evaluation of the research project by the provider after the completion of its solution in Czech and English;
(i) the degree of confidentiality of data;
(j) the data specified by the controller clearly identifying the data set transmitted;
(k) other data relating to the promotion of research and development from public funds laid down by special legislation4) or international commitments of the Czech Republic.
Data of the register of results information
Data from the registry of information on results include
(a) the identification code of the result and its name in the Czech and English languages and in the language in which the result was published (the original language),
(b) the identification code of at least one project or research project the result of which has been obtained;
(c) the basic information referred to in Articles 2 (1) (b) and 3 (b) of this Regulation on the recipient who achieved the result;
(d) the total number of authors, originators or other natural persons involved in the achievement of the result and having similar rights to the result (5) (hereinafter referred to as "creators"), of which the number of creators who were in employment relations with the beneficiary,
(e) the names, surnames and birth numbers of the creators and, if the creators are not national citizens of the Czech Republic, their names and surnames, nationality and birth numbers or, if not allocated to them, the dates of birth;
(f) a list of the names of the creators in the form indicated in the publication or other type of result;
(g) the nature of the result (publications, products, demonstrations carried out by direct actions, results protected by special legislation5) or results applied on the market; Only in the case of results containing classified information under a special legislature6) is the research report considered to be the type of result,
(h) a description of the result in the Czech, English and original languages;
(i) details specifying the result;
(j) research and development of results;
(k) data on the application of the result under Article 31 (6) of the Act, including the year of application of the result;
(l) level of confidentiality;
(m) the data specified by the controller clearly identifying the data set transmitted;
(n) other data relating to the promotion of research and development from public funds laid down by special legislation4) or international commitments of the Czech Republic.
Data relating to the registration of competition in research and development
Data for the registration of competition in research and development include:
(a) basic data on competition in research and development, which are:
1. the identification code of the competition in research and development and activity;
2. for the programme, the date of its approval by the Government, the Government's resolution number, the year of the opening and termination of the programme;
3. the title and objective of the subject matter of the competition in the Czech and English language for research and development;
(b) details of the provider which declares the tender for research and development;
(c) information on the announcement and conditions of the tender for research and development,
1. the date of the publication of the tender for research and development in the Commercial Bulletin, the time details defining the beginning and end of the competition period and the evaluation periods, the estimated time of the start of the project solution;
2. method of submitting the project proposal in Czech and English,
3. the method of notification of the outcome of the competition for research and development in Czech and English,
4. the total amount of the special-purpose aid allocated by the applicant to the subject matter of the research and development contest and its breakdown in each year;
5. the terms of the tender for research and development, including the grounds for non-acceptance (exclusion) or exclusion of the project proposal from this tender, the criteria for evaluating the design of the projects and the requirements for demonstrating the eligibility of the candidate, in Czech and English,
6. details of the place of receipt of the procurement documents, the location, form and time of submission of project proposals and information on the name, seat, telephone, e-mail address and fax of the provider or person responsible for organising the research and development contest;
7. other sources of information on competition in research and development;
(d) information on the evaluation of competition in research and development
1. the number of project proposals received, the number of project proposals received, the number of project proposals to be provided for special purpose support under Article 21 (7) of the Act,
2. the total approved amount of the special-purpose aid and its breakdown by year;
3. in the event of cancellation of a research and development contest, the date and reasons for its cancellation in Czech and English,
(e) data specified by the controller clearly identifying the data set transmitted;
(f) other data relating to the promotion of research and development by public means provided for by specific legislation4) or international commitments of the Czech Republic.
Procedure of the provider for the transmission and evaluation of data on announced research and development tenders
(1) Prior to the publication of a research and development contest on the basis of which it will provide special purpose support from its budget chapter, the provider shall transmit to the operator and the data element managers and code lists of the information system (hereinafter referred to as "operator") 7 valid data to the extent specified by the AIFM pursuant to points (a) to (c), (e) and (f) of Section 5 of this Regulation. The provider shall transmit these data to the operator in a format identical to that published in the Commercial Bulletin.
(2) Where there is a change in the information on the published research and development contest submitted pursuant to paragraph 1, the provider shall transmit the new valid data to the operator in the form of a complete set of data transmitted in the relevant year no later than 10 working days before the date indicated in the previous data file as the date of publication of this research and development contest.
(3) The provider shall transmit the data referred to in paragraphs 1 and 2 or the data on the evaluation of the competition in research and development referred to in Article 5 (d) of this Regulation to the operator through the controller of the designated data processing and transmission equipment on the information medium at the same time as the guide. The guide shall be transmitted either in paper form or in electronic form as a signed data message under a specific legislation. 8)
(4) The provider shall, at all times prior to the transmission of the data to the operator, check the data with a valid version of the programme means provided by the operator.
Procedure for the transmission of project data and research projects and their results
(1) The beneficiary fulfils the obligation under Article 12 (1) and (4) of the Act by means of a provider to which it transmits project or research projects and results in the form and within the time limit set by the provider under Article 31 (3) of the Act and under specific legislation.3)
(2) In the event of amendments to the grant contract or decision to grant the aid, the beneficiary shall transmit to the provider valid data in the form and within the time limit set by the provider.
(3) In the event of changes to data which are not the subject of an aid contract or a decision to grant aid or are not subject to approval by the provider, the provider shall ensure the transmission of the valid data to the information system on the basis of notification by the recipient to the provider in paper form or in electronic form as a signed data report under a specific legislation. 8)
Procedure for the transmission and results of project data and research projects
(1) Prior to the granting of the special-purpose support or institutional support, the provider shall transmit to the operator valid data to the extent specified by the administrator pursuant to Sections 2 and 3 of this Regulation on projects and research projects for which it provides public support for research and development in the relevant calendar year from its budget chapter, within the deadlines set out in Section 31 (4) of the Act. An exception is the data on the evaluation of projects or research projects referred to in Articles 2 (1) (i) and 3 (h) of this Regulation and the valid data on the actual costs of the project or research project which the provider shall transmit to the operator within 6 months of the beginning of the calendar year following the year of completion of the project or research project.
(2) Data on the results of all projects or research projects supported by their budget chapter shall be transmitted by the provider to the extent specified by the administrator in accordance with Article 4 of this Regulation within the period referred to in Article 31 (6) of the Act.
(3) Valid data on projects, research projects or their results that have changed during the calendar year shall be transmitted by the provider to the operator within the time limit referred to in Article 31 (5) of the Act in the form of a complete set of data transmitted in the relevant year.
(4) The data referred to in paragraphs 1 to 3 shall be transmitted mutatis mutandis in accordance with paragraphs 3 and 4 of Article 6 of this Regulation.
Procedure for entering data transmitted by the provider into the information system
(1) An operator shall only include in the information system data transmitted by the provider in accordance with the procedure referred to in Article 6 (3) and (4) or Article 8 (4) and (5) of this Regulation or, where the object of the project or research project is classified, in accordance with the procedure laid down in specific legislation. 6)
(2) The operator shall notify the provider, either in paper form or in electronic form, of the inclusion of data in the information system by means of a signed data report in accordance with the special legislature8) within the time limit laid down in Article 31 (8) of the Act.
(3) The data set transmitted to the information system showing errors detected in the control of data by valid versions of the programme means or not complying with the requirements laid down by law and by special legislation3) shall be returned by the operator to the provider, not including it in the information system, and shall notify this fact and its reasons to the provider, either in paper form or in electronic form, by means of a signed data report under a special legislature8) within the same time limit as it notifies the entry of data into the information system.
(4) The operator shall follow the operational rules of the information system established and approved by the administrator after consultation with the administrators of the budget chapters.
Means and dates of provision of data from the information system
(1) An operator shall not publish data on competition in research and development through a public information network before the date on which it was published in the Commercial Journal pursuant to Article 5 (1). (c) points 1 and 6 of this Regulation shall be notified by the provider.
(2) The operator provides valid information from the information system
(a) to the public in accordance with Article 31 (11) (a) of the Act,
1. the information on the announced tender for research and development not earlier than the date of publication of the tender, as specified by the provider in the last data file transmitted to the operator,
2. information on the evaluation of competition in research and development within 30 calendar days of their inclusion in the information system;
3. data on projects or research projects and data on the results of projects or research projects within 30 calendar days of their inclusion in the information system;
(b) providers by electronic mail or public information network within 30 calendar days of the date of receipt of the request or of its specification;
(c) recipients in paper form, on storage media, via e-mail or a public information network within 30 calendar days of the date of receipt of the request or of its specification;
(d) the Ministry of Education, Youth and Sports and the administrators by e-mail or public information network within 30 calendar days of receipt or specification of the application;
(e) to other bodies under Paragraph 31 (11) (e) of the Act, unless specific legislation or international obligations of the Czech Republic provide otherwise for the provision of data.
(3) The request referred to in paragraph 2 (b) to (d) may be made in paper form or in electronic form as a signed data report under a specific legislation. 8) Where the application is incomprehensible or it is not clear in what form and in which form it is requested or formulated too generally, the operator shall invite the applicant within 7 calendar days of receipt of the request to specify the application. If the applicant does not complete the application within 30 calendar days, the operator may not provide the data.
Common provisions
(1) The retention, disclosure, transmission and other processing of personal data shall be carried out in accordance with specific legislation. 9)
(2) A research and development contract pursuant to Article 3 (1) (a) (3) of the Law, which is awarded under a special law, 10) shall not be subject to the provisions of Sections 3, 5 and 6, 10 (1) and 10 (2) (a) of this Regulation.
Efficacy
This Regulation shall enter into force on 1 July 2002.
Prime Minister:
Ing. Zeman v. r.
Deputy Prime Minister:
JUDr. Rychetský v. r.
1) Paragraph 35 (2) (c) of Act No. 130 / 2002 Coll., on the promotion of research and development from public funds and on the amendment of certain related laws (Law on the promotion of research and development).
2) For example, Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on Higher Education), as amended by Act No. 210 / 2000 Coll. and Act No. 147 / 2001 Coll., Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended by Act No. 492 / 2000 Coll., Act No. 229 / 2001 Coll., Act No. 501 / 2001 Coll., and Act No. 320 / 2001 Coll., Act No. 218 / 2000 Coll., Act No. 450 / 2001 Coll.
3) For example Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended by Act No. 164 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 29 / 2000 Coll., Act No. 30 / 2000 Coll., Act No. 363 / 2000 Coll. and Act No. 60 / 2001 Coll. and the Constitutional Court Act No. 322 / 2001 Coll., Commercial Code, Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Laws, Act No. 227 / 2000 Coll., Act No. 177 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 107 / 2002 Coll., Act No. 244.
4) For example, Act No. 218 / 2000 Coll., as amended, Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets, as amended by Act No. 320 / 2001 Coll. and Act No. 450 / 2001 Coll.
5) For example Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (copyright law), Act No. 527 / 1990 Coll., on the protection of industrial designs, as amended by Act No. 519 / 1991 Coll., Act No. 116 / 2000 Coll. and Act No. 207 / 2000 Coll., Act No. 529 / 1991 Coll., Act No. 207 / 2000 Coll., on the protection of industrial designs, as amended by Act No. 116 / 2000 Coll., Act No. 478 / 1992 Coll., on the protection of rights to new plant varieties and animal breeds, as amended by Act No. 93 / 1996 Coll., Act No. 206 / 2000 Coll., on the protection of industrial designs and the amendment of Act No. 132 / 1989 Coll.
6) For example Act No. 148 / 1998 Coll., as amended, Decree No. 244 / 1998 Coll., as amended, Decree No. 56 / 1999 Coll., on the provision of security information systems dealing with classified information, carrying out their certification and certification requirements.
7) § 2 (d) of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws.
8) Sections 2 (c) and 3 of Act No. 227 / 2000 Coll., on Electronic Signature and on the amendment of certain other laws (Act on Electronic Signature).
9) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.
10) Act No. 199 / 1994 Coll., on Public Procurement, as amended by Act No. 148 / 1996 Coll., Act No. 93 / 1998 Coll., Act No. 28 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 39 / 2001 Coll., Act No. 142 / 2001 Coll. and Act No. 130 / 2002 Coll.
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Regulation Information
| Citation | Government Decree No. 267 / 2002 Coll., on Information System of Research and Development |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2002 |
|---|---|
| Effective from | 01.07.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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