Government Decree No. 83 / 2008 Coll.
Government Regulation amending Government Regulation No. 461 / 2002 Coll., on purposeful support for research and development by public funds and on competition in research and development, and Government Regulation No. 462 / 2002 Coll., on institutional support for research and development by public funds and on evaluation of research projects, as amended by Government Regulation No. 28 / 2003 Coll.
Valid
Regulation
Effective from 11.03.2008
Text versions:
11.03.2008
83
GOVERNMENT REGULATION
of 30 January 2008
amending Government Regulation No 461 / 2002 Coll., on the purpose of promoting research and development from public funds and on competition in research and development, and Government Regulation No 462 / 2002 Coll., on institutional support for research and development from public funds and on the evaluation of research projects, as amended by Government Regulation No 28 / 2003 Coll.
The Government mandates 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), as amended, ("the Act ') to implement Article 7 (6) of the Act:
Amendment to Decree No. 461 / 2002 Coll.
In Government Decree No. 461 / 2002 Coll., on the purpose of promoting research and development from public funds and on competition in research and development, Section 2, including the title and footnotes Nos 3 and 3a, reads as follows:
Method for determining the proportion of the special-purpose aid in the eligible costs
(Paragraph 7 (6) of the Law)
(1) The proportion of the amount of the special-purpose aid in the eligible costs shall be determined by the provider when the research and development contest is announced, taking into account the approved terms of the programme under the directly applicable European Communities Regulation (3);
(a) in the case of a research and development project for the needs of a provider which is the sole user of its results, in the case of a basic research or applied research project, with the exception of industrial research, the proportion of the special-purpose aid to recognised costs established pursuant to Article 3 of this Regulation may not exceed 100%;
(b) in the case of an industrial research project, the proportion of the special-purpose aid in the eligible costs determined in accordance with Article 3 of this Regulation may not exceed 50%;
(c) in the case of a development project, the share of the special-purpose aid in the eligible costs determined in accordance with Article 3 of this Regulation may not exceed 25%.
(2) In the case of a joint project of legal persons or business natural persons and legal persons or natural persons supported by public funds other than the requested special-purpose aid, the share of the special-purpose aid in recognised costs is determined by including in the special-purpose support of the project the part of the recognised costs resulting from the support of the project from other public funds, the share of the special-purpose aid in recognised costs being assessed separately for each legal person or natural person.
(3) Where a project includes more than one part of research and development, the total proportion of the special-purpose aid in the eligible costs shall be calculated as the sum of the amounts authorised for the amounts of the special-purpose aid, calculated in accordance with paragraphs 1 and 2, for each part of the research and development covered by the project.
(4) The proposed share of the special-purpose aid in the eligible costs shall be calculated by the tenderer in accordance with paragraphs 1 to 3 and its quantification shall be an integral part of the project proposal.
(5) The share of the special-purpose aid in the recognised costs of an industrial research or development project established in accordance with paragraph 1 may be increased by the provider:
(a) 20 percentage points if the aid is intended for a small enterprise (3a);
(b) by 10 percentage points if the special-purpose aid is intended for a medium-sized enterprise (3a);
(c) by 15 percentage points, where the project involves real cooperation between at least two personnel and economically independent legal entities or business natural persons, provided that none of them pays more than 70% of the project's recognised costs; and
1. at least one of the legal persons or natural persons doing business is a small or medium-sized enterprise; or
2. cross-border cooperation;
(d) 15 percentage points where the project involves actual cooperation between a legal person or an undertaking of a natural person and a legal or natural person whose main purpose is to carry out research and development and disseminate their results by teaching, publishing or transferring technology which reinvests all profits in such activities or disseminating their results or in teaching, and no person has preferential access to its research capacities or to its research and development results (hereinafter referred to as "research organisation");
1. the research organisation pays at least 10% of the project's recognised costs; and
2. the research organisation shall have the right to publish the results of the project to the extent that they originate from the research it carries out.
The share of the special-purpose aid in the recognised costs of part of the project undertaken by the research organisation may be up to 100% in this case.
(6) The contribution of the special-purpose support to the recognised costs of an industrial research project established in accordance with paragraph 1 may be increased by a provider by 15 percentage points, provided that the results of the project are generally disseminated through technical and scientific conferences or through publication in scientific or professional journals or in sources with open access or through open-source software or open-source software.
(7) The total share of the special-purpose aid for recognised costs established under paragraphs 1 to 6 must not exceed 80% for industrial research and 60% for development.
(8) The specific amount of the special purpose aid for an individual project shall be determined by the provider on the basis of the outcome of the evaluation of the draft project under Article 21 of the Law or on the basis of the result of the control provided for in Article 13 of the Act or in connection with the change in the amount of the recognised costs or the change in the amount of the special purpose aid at the request of the applicant pursuant to Article 9 (7) of the Law.
3) Council Regulation (EC) No 659 / 1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the Treaty establishing the European Community.
(3a) Annex I to Commission Regulation 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. '
Transitional provision
Aid granted on the basis of a research and development contest, declared before the date of entry into force of this Regulation, or a contract awarded before the date of entry into force of this Regulation, shall be subject to existing legislation.
Amendment of Decree No. 462 / 2002 Coll.
In Article 3 (2) of Decree-Law No 462 / 2002 Coll., on institutional support for research and development from public funds and on evaluation of research projects, the words "research project 'shall be inserted after the words" recognised costs'.
EFFECTIVE
This Regulation shall enter into force on the day of its publication.
Prime Minister:
v RNDr. Bursík v. r.
Minister for Education, Youth and Sports:
Mgr. Liška v. r. o.
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Regulation Information
| Citation | Government Regulation No. 83 / 2008 Coll., amending Government Regulation No. 461 / 2002 Coll., on the purpose of promoting research and development by public funds and on competition in research and development, and Government Regulation No. 462 / 2002 Coll., on institutional support for research and development by public funds and on the evaluation of research projects, as amended by Government Regulation No. 28 / 2003 Coll. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.03.2008 |
|---|---|
| Effective from | 11.03.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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