Act No. 50 / 2020 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
Valid
Law
Effective from 12.03.2020
Text versions:
12.03.2020
26.02.2020
50
THE LAW
of 29 January 2020
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 resources 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. 49 / 2013 Coll., Act No. 135 / 2008 Coll., Act No. 135 / 2016 Coll., Act No. 110 / 2009 Coll., Act No. 298 / 2016 Coll., Act No. 420 / 2011 Coll., Act No. 469 / 2011 Coll.
1. in Article 2 (2), the following point (e) is inserted after point (d):
"(e) a project of shared activities of supporting activities, the provision of services or the promotion of the use of services at national level approved by the Government for the organisation or security of research, development or innovation and accessible to public authorities, research organisations and other persons engaged in research, development or innovation;"
Points (e) to (l) shall be renumbered as points (f) to (m).
2. in Article 2 (2) (f), "(i)" is replaced by "(j)";
3. in Article 2 (2), the following point (i) is inserted after point (h):
"(i) a system innovation project carried out or carried out by or established by a central government authority, established, controlled or controlled by an organisation or a legal person, as part of a government-approved programme, which is necessary for the fulfilment of the objectives of the programme, shall be accessible on a non-discriminatory basis to all beneficiaries in the programme and which cannot be carried out by means of a competition in research, development and innovation;"
Points (i) to (m) shall be renumbered (j) to (n). ';
4. In Article 3, at the end of paragraph 2, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) the project of shared activities;
(f) a system project in the field of innovation. "
5. in Article 3 (3) (a), the words "on the basis of an evaluation of the results achieved by it" shall be deleted;
6. in Article 3 (3) (b), including footnote 62:
"(b) international cooperation of the Czech Republic in research, development and innovation, carried out under international or European Union law, including legal acts issued for their implementation, in the form of:
1. remuneration for participation of the Czech Republic in international research, development and innovation programmes,
2. remuneration for membership of the Czech Republic in international research, development and innovation organisations and consortia of the European research infrastructure (62); or
3. cash holdings from the funds of 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 budget of other international organisations, or from the budget of the European Research Infrastructure Consortium, where appropriate;
62) Council Regulation (EC) No 723 / 2009 of 25 June 2009 on a Community legal framework for a European Research Infrastructure Consortium (ERIC), as amended by Council Regulation (EU) No 1261 / 2013 of 2 December 2013 amending Regulation (EC) No 723 / 2009 on a Community legal framework for a European Research Infrastructure Consortium (ERIC). ';
7. in Article 3 (3) (d), the words "on the evaluation of research organisations" shall be inserted after the words "on the aid granted";
8. in Paragraph 4 (1) (e), the words "approved by the Government" are replaced by the words "projects of shared activities."
9. In Article 4, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:
"(f) system projects in the field of innovation from expenditure on research, development and innovation of the Ministry of Industry and Trade."
10. in Paragraph 4 (2) (a) of the introductory part of the provision, the words "on the basis of an evaluation of the results achieved by it" shall be deleted.
11. in Article 4 (2) (a) (1):
'1. their founder or founder, '
12. in Article 4 (2) (a) (2), "a research organisation established under private law" is replaced by "a research organisation is not a legal entity governed by public law."
13. in Article 4 (2) (a) (5), the words "a public or private university or a research organisation which is a legal person under public law" shall be inserted after the words "body."
14. in Article 5a (2) (b):
"(b) a proposal for the amount of expenditure referred to in Article 6 (2) (c), based on the evaluation of research organisations carried out pursuant to Article 7 (7) and the National Research, Development and Innovation Policy."
15. In Paragraph 5a (4), the words "according to the results of the international research and development evaluation in the Czech Republic, which publishes in a manner enabling remote access not later than the date of dispatch of the draft expenditure referred to in paragraph 2," shall be deleted.
16. in Article 6 (2) (c), the words "according to the assessment of their results" shall be deleted;
17. in Article 6 (2) (d), the words "and developments" shall be replaced by "development and innovation."
18. in Article 7 (4), the words "international cooperation in research, development and innovation" shall be deleted;
19. in the first sentence of Article 7 (5), the words "or projects of shared activities" shall be inserted after the words "large research infrastructures"; and in the second sentence, the words "or projects of shared activities" shall be inserted after the words "large research infrastructures."
20. Paragraph 7 (7) reads:
"(7) Institutional support for the long-term conceptual development of a research organisation shall be provided by the provider to the research organisation on the basis of its evaluation, which it has carried out in accordance with the methodology set out in Article 35 (2) (c). ';
21. In Paragraph 9 (1) of the introductory part of the provision, the second sentence is replaced by the sentence "The contract is concluded for the time of the project's solution and the subsequent period needed for the evaluation of the results of the project's solution, including the financial settlement of the aid granted in accordance with the budget regular 8."
footnote 8:
"8) Act No. 218 / 2000 Coll., as amended."
22. in Article 9 (1) (g) and (i), the words "unless otherwise specified by the provider," shall be inserted after the words "years."
23. in Paragraph 9 (1) (l), the word "financial" shall be inserted after the word "including."
24th Paragraph 9 (5) reads:
"(5) Where the beneficiary of the special-purpose aid for a project referred to in Article 3 (2) or, as the case may be, another participant in such a project to which the aid is to be granted, the State's organisational body or the Ministry's research and development organisational unit, the provider, if it is the State's organisational body, shall, if it is the State's organisational body, request that the budgetary measure be implemented in accordance with the budget plan (8) and shall determine, mutatis mutandis, the conditions under which the aid is to be used. ';
25. in Article 9 (6) of the introductory part of the provision, the words "granting of the subsidy" shall be inserted after the words "granting the subsidy," the words "paragraph 5" shall be replaced by the words "budget regular 8)," and the words "further" shall be deleted;
26. in Article 9 (6) (a), the words "by assessing the results achieved by it" shall be deleted;
27. in Paragraph 10 (1), the words "For multi-annual projects in the second year and subsequent years of the solution," shall be replaced by the words "If the grant contract or decision does not provide for a different date, for multi-annual projects in the second year and subsequent years,"
28. in Paragraph 30 (2) (b), including footnote 63,
"(b) inform the public of:
1. public-supported research, development and innovation projects and activities and their results;
2. activities in research, development and innovation of research organisations supported from foreign sources, including European Union budget resources subject to direct or indirect management63) (hereinafter referred to as "foreign resource") and their results,
3. results obtained using the capacities of large research infrastructures by their users;
(63) Article 62 of Regulation (EU, Euratom) 2018 / 1046 of the European Parliament and of the Council of 18 July 2018 laying down the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296 / 2013, (EU) No 1301 / 2013, (EU) No 1303 / 2013, (EU) No 1304 / 2013, (EU) No 1309 / 2013, (EU) No 1316 / 2013, (EU) No 223 / 2014 and (EU) No 283 / 2014 and Decision No 541 / 2014 / EU and repealing Regulation (EU, Euratom) No 966 / 2012. ';
29. in Article 31 (3) and in the last sentence of Article 31 (6), the words "the activities of a research organisation supported from foreign sources" shall be inserted after the words "the data on."
30. Paragraph 31 (8) reads as follows:
"(8) An operator shall include in the information system R & D and innovation data submitted by the provider which comply with the requirements laid down by this Act and shall notify the provider without delay. ';
31. in Article 32 (1), the word "provider" shall be inserted after the words "responsible for solving the project."
32. in Article 32 (2) (a) (2), the words "according to the assessment of their results" shall be deleted;
33.In Paragraph 32 (2) (b) of the Introductory Part of the provision, "h" is replaced by "i";
34. In Paragraph 32, the following paragraph 4 is inserted after paragraph 3:
"(4) If the result was achieved using the capacity of the large research infrastructure, the result entered in the results register shall also include the designation of the large research infrastructure. The beneficiary of the special-purpose aid for large research infrastructure shall ensure that the user of the large research infrastructure capacity appropriately identifies the results obtained as the use of the large research infrastructure capacity when entering it into the results information register. If the result resulting from the use of the capacity of the large research infrastructure, a foreign user, is the author, the beneficiary of the special-purpose support for the large research infrastructure shall comply with the information requirement of Paragraph 31 (3). ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
35. in Paragraph 33, paragraph 3 is deleted;
36. in Paragraph 35 (2) (c), the words "Results assessment methodologies" are replaced by the words "Assessment methodology."
37. in Article 35 (2) (d):
"(d) evaluation to the extent that the methodology for evaluating research organisations and the results of completed programmes approved by the Government,"
38. in Paragraph 35 (7) (b), the word "results" shall be deleted;
39. In Paragraph 39, "up to 4 'is replaced by" up to 5';
40. In Paragraph 40, the following paragraph 2 is added:
"(2) In order to ensure the security of the Czech Republic, special procedures may be used for the confidentiality of intelligence activities in the performance of the tasks provided for in this Act. These special procedures shall be laid down by the Government by its resolution. ';
Transitional provisions
1. The provider of institutional support for the long-term conceptual development of a research organisation pursuant to Act No. 130 / 2002 Coll., as effective before the date of entry into force of this Act, shall be considered as a provider of institutional support for the long-term conceptual development of a research organisation under Act No. 130 / 2002 Coll., as effective from the date of entry into force of the Act, where it has decided to grant it in accordance with § 4 (2) (a) of Act No. 130 / 2002 Coll., as effective before the date of entry into force of the Act.
2. An institutional support provider for the long-term conceptual development of a research organisation pursuant to Act No. 130 / 2002 Coll., as effective from the date of entry into force of this Act, shall issue a decision to grant institutional support for the long-term conceptual development of a research organisation only for the first calendar year following the last calendar year for which the relevant beneficiary was granted support by the provider of institutional support for the long-term conceptual development of a research organisation pursuant to Act No. 130 / 2002 Coll., as effective before the date of entry into force of the Act.
Efficacy
This Act shall take effect on 1 January 2020.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 50 / 2020 Coll., amending Act No. 130 / 2002 Coll., on the Promotion of Research, Experimental Development and Innovation by Public Means 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 | 26.02.2020 |
|---|---|
| Effective from | 12.03.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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