Government Decree No. 397 / 2009 Coll.
Government Regulation on Information System of Research, Experimental Development and Innovation
Valid
Regulation
Effective from 01.01.2010
Text versions:
01.01.2010
18.11.2009
397
GOVERNMENT REGULATION
of 19 October 2009
on the information system for research, experimental development and innovation
The Government mandates the implementation of 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., and Act No. 110 / 2009 Coll., ("Act '):
Definition of terms
For the purposes of this Regulation:
(a) an information system for research, experimental development and innovation pursuant to § 30 et seq. of the Act;
(b) development of experimental development pursuant to § 2 (1) (c) of the Act;
(c) an identification code indicating clearly in the information system
1. competition in research, development and innovation pursuant to § 17 et seq. of the Act,
2. the project pursuant to § 2 (2) (i) of the Act,
3. further research, development and innovation activities eligible for support under Article 3 of the Act;
4. the result under Paragraph 2 (2) (k) of the Act; or
5. a natural person not assigned a birth number;
and which is created in accordance with rules established by the information system administrator (1) (hereinafter referred to as "the controller '),
(d) 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 outcome of the completeness check carried out on the data transmitted and the links between them (hereinafter referred to as "data control").
Central project log data
(Paragraph 32 (1) of the Law)
(1) Project central record data shall include:
(a) the identification code of the project, its name in the language in which the project was submitted and approved (hereinafter referred to as "the original language of the project") and in English and the designation of the programme or group of grant projects;
(b) basic information on the beneficiary and the other project participant,
1. the trading firm or the name or, where applicable, the name and surname of the natural person, or the designation of the organisational body of the State or of the local authority, the identification number, if assigned, of the legal person who cannot have an identification number, the State in which it is registered, the legal form of the legal person, the registered office, where applicable the place of residence and the place of business, and the address in the public information network and e-mail address, if any; and
2. details of the organisational component of the enterprise (2), a part of a public higher education institution or other internal organisational unit of the beneficiary or of another project participant, provided that such organisational unit is implemented on the basis of another legislation3), an instrument of incorporation or other relevant document of law and obligations relating to the solution of the project or part thereof; or
3. the name and surname, any academic titles and scientific degrees (hereinafter referred to as "titles"), the birth number, the place of permanent residence of the natural person, if this person is not a national citizen of the Czech Republic, his name and surname, titles, nationality and birth number, or, if not assigned, the identification code, and the address on the public information network (Internet address) and e-mail address, if any;
where the beneficiary or another project participant is identical to the person referred to in point (c), only the data referred to in point (c) shall be provided from personal data;
(c) the basic data on the natural person responsible for the project's professional level or the natural person responsible for the project's other participant for the project's management, or, where appropriate, the other natural person involved in the project,
1. name, surname, titles and birth number; if that 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, his identification code,
2. electronic or telephone communications to such persons,
(d) the date on which the project will start and end under the grant contract or under the grant decision, the date on which the special-purpose aid will be granted and, in Czech and English, the state of the project's management, and, where appropriate, its justification, and information on changes to the grant contract or decision to grant the aid;
(e) the subject matter and objectives of the project solution in the original language of the project and in the English language, the field of research, development and innovation and the distinction of the project according to § 2 (1) of the Act;
(f) recognised project costs, the amount of special-purpose support, indicating the amount of State budget expenditure, the breakdown by beneficiary and other project participants, over the entire duration of the project and for each year of the project;
(g) the identification code of the tender for research, development and innovation where the grant contract is concluded or the decision to grant the aid is taken on the basis of the result of the tender for research, development and innovation;
(h) identification codes for other projects to which the beneficiary is involved, which are listed 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 other legislation4 (hereinafter referred to as "confidentiality");
(k) the data specified by the controller clearly identifying the data set transmitted;
(l) other data relating to aid provided for by other legislation5) 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 other project participant is involved in the project, the data referred to in paragraph 1 (b), (c) and (f) shall be provided for each project.
Data on central records of research, development and innovation activities
(Paragraph 32 (2) of the Law)
Data for the central record of research, development and innovation activities include:
(a) for support for specific higher education research under § 3 (2) (c) of the Act, for support for research organisation under § 3 (3) (a) of the Act and for support for international cooperation in research and development under § 3 (3) (b) of the Act
1. the basic details of the recipient, which are the commercial firm or name or, where applicable, the designation of the organisational component of the Czech Republic or of the local authority, the identification number, if any, of the legal person, the registered office and legal form, the address in the public information network and the e-mail address, if any, or the information on the organisational component, the internal organisational unit or component entrusted with the other legislative act (3), the instrument of incorporation, or any other document establishing or establishing the exercise of the rights and obligations relating to the conduct of research, development and innovation, if any;
2. a description of the activity and its objectives, if any, in Czech and English;
3. details of the enforceability of the decision granting the aid, the date on which the aid is to start in the year in question;
4. information on the amount of aid granted in that year,
5. Data specified by the controller clearly identifying the data set transmitted,
6. other data relating to support provided for by other legislation5) or international commitments of the Czech Republic,
(b) for aid for a group of grant projects under Section 3 (2) (a) of the Act and for a programme under Section 3 (2) (b) of the Act, information on:
1. providers,
2. the name of the group of grant projects or programmes and their objectives, in Czech and English;
3. the duration of a group of grant projects or programmes;
4. the approved amount of aid for the implementation of the programme in total and in each year of the solution;
5. approval of the programme by the government or the local authority of the local authority,
6. the outcome of a possible assessment by the European Commission;
7. the manner in which the current version of the programme is published,
8. the amount of aid actually spent on a group of grant projects or programme in each year;
(c) in the case of expenditure for the provision of a tender for research, development and innovation or for the award of a contract pursuant to § 3 (3) (d) of the Act, for the financial evaluation of extraordinary results or for the financial evaluation of the promotion or popularisation of research, development and innovation pursuant to § 3 (3) (e) of the Act, and for the costs associated with the activities of the Research, Development and Innovation Council, the Grant Agencies of the Czech Republic, the Technology Agency of the Czech Republic and the Academy of Sciences of the Czech Republic pursuant to § 3 (3) (f) of the Act
1. providers,
2. the amount of aid granted in each year.
Data of the register of results information
(Paragraph 32 (3) of the Law)
Data from the registry of information on results include
(a) the identification code of the result and its name in the language in which the result was published (the original language of the result) and in the English language;
(b) the identification code of the project the result of which has been obtained or the information that it is the result achieved predominantly
1. in support of specific higher education research under § 3 (2) (c) of the Act, in support of research organisations under § 3 (3) (a) of the Act, aid for international cooperation in research and development under § 3 (3) (b) of the Act,
2. within the aid granted, not included in point 1; or
3. within research, development and innovation activities without aid;
(c) the basic data referred to in Articles 2 (1) (b) and 3 (a) (1) concerning the beneficiary and, where appropriate, the other project participant 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) (hereinafter referred to as "creators"), of which the number of creators who were in a professional or similar relationship with the beneficiary or research organisation which is another participant in the project,
(e) the names, surnames and birth numbers of the creators, and if the creators are not national citizens of the Czech Republic, their names, surnames, nationality and birth numbers, or, if not assigned to them, identification codes,
(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 outcome, namely publications, demonstrations carried out by direct actions, results protected by other legislation6), results applied on the market or other products; Only in the case of results containing classified information under another legislation7) is the research report considered to be the type of result,
(h) a description of the result in the original language of the result and in the English language;
(i) details specifying the result;
(j) the field of outcome;
(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 aid provided for by other legislation5) or international commitments of the Czech Republic.
Data on the registration of competition in research, development and innovation
(Paragraph 32 (4) of the Law)
Data for the registration of competition in research, development and innovation
(a) basic information on competition in research, development and innovation, which is:
1. the identification code of the tender for research, development and innovation and the designation of the programme or group of grant projects;
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, and, where appropriate, information on the outcome of the assessment by the European Commission, if the programme has been notified to the European Commission,
(b) details of the provider which declares a tender for research, development and innovation;
(c) information on the announcement and conditions of the tender for research, development and innovation,
1. the date of the publication of a tender for research, development and innovation in the Commercial Journal, the time-limits defining the beginning and end of the competitive period and the evaluation periods, the date of the envisaged start of the project solution and the date of the envisaged start of the aid,
2. method of submitting the project proposal in Czech and English,
3. how to notify the outcome of a competition in the Czech and English language for research, development and innovation,
4. the total amount of special-purpose support allocated by the provider to the subject matter of the research, development and innovation contest and its breakdown in each year;
5. the terms and conditions of the tender for research, development and innovation, including the grounds for not accepting, excluding or excluding a project proposal from this tender, the criteria for evaluating the design of the project and the requirements for demonstrating the eligibility of the candidate, in Czech and English,
6. details of the location of the procurement documents, the location, form and time of submission of project proposals and information on the name, seat, telephone and e-mail address of the provider or the person responsible for organising the research, development and innovation contest;
7. other sources of information on competition in research, development and innovation;
(d) information on the evaluation of competition in research, development and innovation, which is:
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 the cancellation of a competition in research, development and innovation dates and the reasons for its cancellation pursuant to § 24 (1) to (4) of the Act in Czech and English,
(e) data specified by the controller clearly identifying the data set transmitted;
(f) other data relating to aid provided for by other legislation5) or international commitments of the Czech Republic.
Procedure of the provider for the transmission and evaluation of data on announced competition in research, development and innovation
(Paragraph 31 (2) of the Law)
(1) Prior to the publication of a tender for research, development and innovation on the basis of which it will provide special purpose support from its budget, the provider shall transmit to the operator and the data elements and code lists of the information system (hereinafter referred to as "operator") 8 data to the extent specified by the administrator pursuant to § 5 (a) to (c), (e) and (f) by the deadline set out in § 31 (2) of the Act. The provider shall transmit these data to the operator in a format identical to that published in the Commercial Bulletin.
(2) Where the data relating to the call for tenders for research, development and innovation transmitted pursuant to paragraph 1 are changed, the provider shall transmit the new data to the operator in the form of a complete set of data transmitted pursuant to paragraph 1 in the relevant year no later than 10 working days before the date indicated in the previous set of data as the date of publication of this tender for research, development and innovation.
(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, development and innovation referred to in Article 5 (d) 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 data message bearing a guaranteed electronic signature or an electronic mark in accordance with another legislation9).
(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 results, other research, development and innovation activities and the results of research organisations
(Paragraph 31 (3) of the Law)
(1) The beneficiary fulfils the obligation under Article 12 of the Act through a provider to whom it transmits data on projects and their results, on other research, development and innovation activities and on the results of research organisations in the form and within the time limit set by the provider under Article 31 (3) of the Act and under other legislation4). The research organisation may transmit data on results not obtained with special purpose or institutional support provided through an institutional support provider provided for in Article 4 (2) (a) of the Act.
(2) In the event of changes to the grant contract or decision to grant the aid, the beneficiary shall transmit the data to the provider in the form and within the time limit set by the provider.
(3) In the event of changes to data not covered by the grant contract or the decision granting the aid or not subject to the approval of the provider, the provider shall ensure the transmission of the valid data to the information system on the basis of a notification by the recipient to the provider in paper form or in electronic form as a data report with a guaranteed electronic signature or an electronic mark in accordance with another legislation9).
Procedure for the transmission of project data and results, other research, development and innovation activities and research organisations
(K § 31 (7) of the Act)
(1) Prior to the granting of the special-purpose support or institutional support, the provider shall transmit to the operator data to the extent specified by the administrator pursuant to Sections 2 and 3 on the projects and other activities of research, development and innovation for which it provides or uses the support in the relevant calendar year from its budget, within the time limits laid down in Section 31 (4) of the Act. An exception is the evaluation data referred to in Article 2 (1) (i) and the actual costs of the 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 solution.
(2) Data on the results of projects or other research, development and innovation activities supported by its budget shall be transmitted by the provider to the operator within the time limit laid down in Article 31 (6) of the Act to the extent specified by the administrator pursuant to Article 4.
(3) New data on projects addressed, on other research, development and innovation activities and the results of research organisations that have changed during the calendar year, shall be transmitted by the provider to the operator within the period referred to in Article 31 (5) of the Act in the form of a complete set of data transmitted pursuant to paragraph 1 or 2 in the relevant year.
(4) The transmission of the data referred to in paragraphs 1 to 3 shall take place mutatis mutandis in accordance with Article 6 (3) and (4).
Procedure for entering data transmitted by the provider into the information system
(K § 31 (9) of the Act)
(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) or, where the object of the project solution contains classified information, in accordance with the procedure laid down by other legislation7).
(2) The operator shall notify the provider, either in paper form or in electronic form, of the inclusion of the data in the information system as a data message with a guaranteed electronic signature or an electronic mark under another legal provision (9) within the time limit provided for in Section 31 (8) of the Act.
(3) The data set transmitted to the information system showing errors detected in the control of the data by the valid version of the programming means or not complying with the requirements laid down by law and other legislation4) shall be returned by the operator to the provider, not included in the information system and shall notify the provider accordingly in accordance with paragraph 2. The returned non-classified data set may be transmitted by the provider, after correction, mutatis mutandis in accordance with Article 6 (3) and (4).
(4) The operator shall follow the operational rules of the information system established and approved by the AIFM.
Means and dates of provision of data from the information system
(K § 31 (12) of the Act)
(1) An operator shall not publish data on competition in research, development and innovation through the public information network before the date on which it was published in the Commercial Bulletin pursuant to Article 5 (1). (c) points 1 and 6 shall be notified by the provider.
(2) The operator shall provide from the information system:
(a) to the public in accordance with § 31 (11) (a) of the Act
1. information on the announced tender for research, development and innovation not earlier than on the date of publication of the tender, as specified by the provider in the last set of data transmitted to the operator,
2. information on the evaluation of competition in research, development and innovation within 30 calendar days of their inclusion in the information system;
3. data on projects or other activities of research, development and innovation and data on the results achieved within the deadline referred to in point 2;
(b) providers and administrators by e-mail or public information network within 30 calendar days of the date of receipt of the request or of its specification, information not accessible under (a);
(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, information not accessible under (a);
(d) to other bodies under Paragraph 31 (11) (e) of the Act in accordance with the procedure referred to in (c), unless other legislation or international obligations of the Czech Republic provide otherwise.
(3) The application referred to in paragraph 2 (b) and (c) may be submitted in paper form or in electronic form as a data message bearing a guaranteed electronic signature or an electronic mark under another legislature9). 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 10 calendar days of receipt of the request to specify the application. If, within 30 calendar days of receipt of an operator's request, the applicant does not have to submit the data to the applicant.
Common provisions
(1) The storage, disclosure, transmission and other processing of personal data shall be carried out in accordance with another legislation10).
(2) Personal data concerning the contact person for the publication of a tender in research, development and innovation managements10), as from 1 year after the end of the tender.
(3) A contract for research, development and innovation pursuant to Article 2 (2) (g) of the Act, awarded under another legislature11) is not covered by the provisions of Sections 5 and 6, Section 10 (1) and Section 10 (2) (a) (1) and (2).
Transitional provisions
(1) The administrator shall ensure the operation of the central record of research projects until the end of their resolution to the extent and in accordance with existing legislation.
(2) The procedure of the provider, the recipient and the operator for the transmission and inclusion of data on research projects and their results in the central register of research projects is subject to existing legislation.
Repeal
Government Decree No. 267 / 2002 Coll., on the Information System of Research and Development, is repealed.
Efficacy
This Regulation shall enter into force on 1 January 2010.
Prime Minister:
Ing. Fischer, CSc.
1) Paragraph 35 (2) (h) of 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. 110 / 2009 Coll., § 2 (c) and § 3 (2) of Act No. 365 / 2000 Coll., on information systems of public administration and on the amendment of certain other laws, as amended by Act No. 81 / 2006 Coll.
2) Section 7 of the Commercial Code.
3) For example, Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended, Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended, Act No. 218 / 2000 Coll., on budgetary rules and on the amendment of certain related laws (budgetary rules), as amended, Commercial Code.
4) For example, Act No. 412 / 2005 Coll., on the Protection of Classified Information and Security Eligibility, as amended, Commercial Code, Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended.
5) For example, Act No. 218 / 2000 Coll., as amended, Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets, as amended.
6) For example, Act No. 121 / 2000 Coll., on copyright law, on copyright law, and on the protection of topographies of semiconductor products, as amended, Act No. 527 / 1990 Coll., on inventions and improvements of designs, as amended, Act No. 206 / 2000 Coll., on the protection of biotechnology inventions and on the amendment of Act No. 132 / 1989 Coll., on the protection of rights to new plant varieties and animal breeds, as amended, Act No. 408 / 2000 Coll., Act No. 206 / 2000 Coll., Act No. 207 / 2000 Coll., on the protection of industrial designs and on the amendment to Act No. 527 / 1990 Coll., on the protection of plant varieties and amendments to the Act No. 527 / 1990 Coll.
7) For example Act No. 412 / 2005 Coll., as amended.
8) § 2 (d) of Act No. 365 / 2000 Coll.
9) § 2 (b) and (c) and § 3 of Act No. 227 / 2000 Coll., on Electronic Signature and on the amendment of certain other laws (Act on Electronic Signature), as amended by Act No. 440 / 2004 Coll. Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents, as amended by Act No. 190 / 2009 Coll.
10) Act No. 101 / 2000 Coll., as amended.
11) Act No. 137 / 2006 Coll., on Public Procurement, as amended.
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Regulation Information
| Citation | Government Regulation No. 397 / 2009 Coll., on Information System Research, Experimental Development and Innovation |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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