Government Decree No. 88 / 2001 Coll.
Government Regulation on the conditions for the purpose of financing research and development and data transfer to the central register of projects financed by the State Budget
Valid
Regulation
Effective from 28.02.2001
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88
GOVERNMENT REGULATION
of 31 January 2001
on the conditions for the special-purpose financing of research and development and the transmission of data to the central register of projects financed by the State budget
The Government orders the implementation of Act No. 300 / 1992 Coll., on State aid for research and development, as amended by Act No. 1 / 1995 Coll. and Act No. 220 / 2000 Coll., hereinafter referred to as "the Act ':
CONDITIONS FOR THE ACCOUNTING FINANCING OF RESEARCH AND DEVELOPMENT
Definition of terms
For the purposes of this Regulation:
(a) by the administrator of the state budget chapter, (1) which decides on the purpose of financing research and development, which is to provide special-purpose funds in the form of special-purpose subsidies or repayable financial assistance for the management of research and development projects to natural and legal persons or in the form of financing of the activities of the state's organisational units and contribution organisations;
(b) the tenderer who is applying for special-purpose funds;
(c) by the beneficiary, in respect of which the provision of special-purpose funds has been decided by the provider;
(d) by a co-beneficiary, the one with which the beneficiary has concluded a contract to deal with part of the research and development project and to provide it with part of the special-purpose funds on the basis of a decision taken by the provider;
(e) by the programme, a set of material, time and financial conditions for the activities needed to achieve the R & D objectives formulated by the provider, which the provider declares in the tender for research and development;
(f) research and development activities supported by special-purpose funds such as:
1. the part of the programme in which the beneficiary expresses how and under which conditions it will contribute to the objectives of the programme formulated by the provider;
2. a grant project which is an activity in research and whose objectives and ways of dealing with it are determined by the beneficiary himself,
3. research and development for the needs of the State which is the subject of a research and development contract pursuant to a special law, 2)
(g) the result of new knowledge arising from the mental activity of the project and part of the R & D infrastructure created by the project;
(h) research and development infrastructure of research and development facilities and services, for the use and dissemination of research and development results or for improving public relations with research and development;
(i) recognised costs such as those approved by the provider as necessary for the project to be managed and incurred during the project; such recognised costs are defined in the Annex to this Regulation,
(j) industrial research part of targeted research, the results of which are used through development in new products, technologies and services intended for business under a special legislature.3)
Conditions for the purpose of financing research and development
(1) The basic conditions for the purpose of financing research and development are:
(a) the use of special-purpose funds pursuant to Article 3;
(b) assessment by the Council of the Government of the Czech Republic for Research and Development (hereinafter referred to as "the Council") of a programme announced in a research and development competition pursuant to Article 4 and, where the State is not the only user of the results, subsequent authorisation of an exemption from the prohibition of public aid under a specific legislation, 4)
(c) the conduct of a research and development tender pursuant to § 5 to 12 in the case where the State is not the sole user of the results, or the award of a contract under a special legislature5) in the case of research and development for the needs of the State;
(d) the decision to grant special-purpose funds pursuant to Article 13 or the conclusion of a contract to provide special-purpose funds pursuant to Article 14;
(e) the transmission of data to the central register of projects financed by the State budget pursuant to Article 22 (1);
(f) compliance with the procedure for the provision of special-purpose funds under Article 15;
(g) determining the use of the R & D results achieved pursuant to Sections 16 and 17;
(h) ensuring control of the use of special-purpose funds and the retention of documents pursuant to Sections 18 and 19;
(i) the transmission of data to the central register of projects financed by the State budget pursuant to Article 22 (2) and (3).
(2) The conditions referred to in paragraph 1 (g), (h) and (i) apply to the provision of special-purpose funds during the project.
(3) Research and development for the needs of the State shall not be subject to the condition of an exemption from the public aid ban referred to in paragraph 1 (b) and shall not be subject to Sections 4 to 11, 13 and 16.
Conditions for the use of special-purpose funds
(1) Purpose funds can only be used to support research and development projects defined by law.
(2) Purpose funds can be used to support projects up to 100% of the total recognised costs of research and development for the needs of the State, research and targeted research, except industrial research; for industrial research up to a maximum of 50% of total recognised costs and for development up to 25% of total recognised costs,
(a) in the case of joint projects of corporate and public-supported legal entities, the permissible amount of aid shall be determined by means of a subsidy from both the special-purpose funds for the project and the corresponding part of the institutional support;
(b) the maximum allowable amount of aid for industrial research or development from the State budget may be increased
1. by 10% of the total recognised costs if the special-purpose financing is intended for an SME;
2. by 10% of the total recognised costs where research relates to a region with abnormally low standard of living or very high unemployment;
3. by 5% of the total recognised costs where research concerns a government-supported economic sector or region, unless it results in a change in trading conditions (free market),
4. 15% of the total recognised costs if the project contributes to achieving the objectives of one of the sub-programmes or projects of the European Union's Framework Programme for Research and Development;
(c) the total amount of aid for research and development from the State budget must not exceed 75% of the total eligible costs for industrial research and not more than 50% of the total eligible costs for development;
(d) the amount of the special-purpose financing may be further limited on the basis of an assessment of compatibility with the international obligations of the Czech Republic in accordance with specific legislation.4)
(3) The beneficiary shall keep for each project a separate register in accordance with the specific legislation6) of all the costs recognised and, in the context of this register, of expenditure and costs borne by special-purpose funds. At the same time, the same result cannot be reported for different projects or projects and for research and development supported by institutional funding.
(4) Only that part of the costs of acquiring tangible and intangible assets under a specific legislation may be covered by the special-purpose funds provided for the solution of the approved project, (6) which corresponds to the extent of its intended use for the solution of the project (time of the project in relation to the depreciation period of the assets and share of activities in the use of the assets, including other R & D activities than the project). The owner of the tangible and intangible assets acquired from special-purpose funds to deal with the project shall be the beneficiary or co-beneficiary who acquired or created the property in the project.
Assessment of a programme announced in a research and development contest
(1) Provider before the announcement of a research and development contest
(a) submit to the Council for consideration the information on the programme announced and the conditions of the research and development tender;
(b) request authorisation for exemptions from the prohibition of public aid under a special legislature.4)
(2) In the case of repeated competition in research and development for programmes which have been approved by the Council and for which a derogation from the prohibition of public aid under a specific legislation has been granted, (4) these programmes are not submitted to the Council for consideration in subsequent years and are not again requested to be authorised for exemption from the prohibition of public aid. (4)
(3) The programme data and the conditions of competition in research and development submitted by the provider for examination to the Council include in particular:
(a) data on the provider and basic identification data on competition in research and development;
(b) the conditions of competition in research and development pursuant to Article 5 (2);
(c) the amount of special-purpose funds from the State budget allocated to the programme or to support grant projects;
(d) the degree of confidentiality (7) of the data;
(e) data clearly identifying the data transmitted.
(4) The structure and manner of transmission and provision of data and other elements are determined by the Council after consultation with the relevant administrators of the chapters of the State budget.
Announcement of a competition in research and development
(1) The public tender for research and development and its conditions and, where appropriate, its appeal must be declared by the provider in the Commercial Bulletin and may at the same time publish it in another way. At the same time, the provider shall transmit to the Council valid data on the declared programme and the competition in research and development pursuant to paragraphs 3 and 4 of Section 4, as published in the Trade Bulletin. The Council shall not publish such data via the public information network before the provider.
(2) The conditions of competition in research and development must include in particular:
(a) the subject matter of the research and development contest and the envisaged date for the start and end of project solutions;
(b) the form of the provision of special-purpose funds;
(c) the requirement for qualifying conditions for project management;
(d) criteria for the evaluation of project proposals, including requirements for the fulfilment of the conditions for the adoption of the project proposal for a research and development contest;
(e) the competitive deadline referred to in Article 7;
(f) the evaluation period referred to in Article 7, the date, place and manner of publication of the results,
(g) place and time of receipt of the procurement documents, form, manner, place and time for submission of project proposals;
(h) the name, registered office, telephone, e-mail address and fax of the provider.
(3) The provider may also define other conditions of competition in research and development, which shall be published as a procurement document at the same time as the conditions of competition in research and development referred to in paragraph 2. The provider may determine both the written form and the electronic form for the submission of project proposals.
(4) For the purposes of competition in research and development and the fulfilment of other obligations of the provider, both the written and electronic form of data collection on project proposals and tenderers shall be permitted. In the collection, processing and publication of these data, the provider shall comply with specific legislation.8) The scope of the data on project proposals and tenderers, which, following Article 3 (2) (a) of the Act for publication, must be defined in the procurement documents in accordance with specific legislation. 8)
(5) A person who organises a competition in research and development is excluded from participating in this competition, may not participate in the project solution, must not have a demonstrable personal interest in the outcome of the evaluation of the project proposal, must not have any working or other similar relationship with the candidate or, if he is a natural person, be close to the specific legislation. 9)
Two-stage competition in research and development
(1) A two-stage tender for research and development may be awarded by the provider in particular where it is necessary or appropriate to separate the assessment of the effectiveness of the proposed solution and its comparison with the declared terms of the programme (first stage) and the assessment of the professional level and feasibility of the project design (second stage), or where it is necessary to clarify progressively the way in which the declared objectives and conditions of the programme are met.
(2) The provider shall indicate the fact that it declares a two-stage competition in research and development already in the data referred to in paragraphs 2 and 3 of Section 5 at the time of the publication of a competition in research and development.
(3) In addition to the conditions set out in Section 5 (2), when a two-stage research and development tender is launched, the provider shall also indicate:
(a) the competitive period, the way in which the project proposals are assessed and the way in which the results of the first stage of the research and development competition are notified to the tenderers, where appropriate, the place and time of receipt of the procurement documents for the second stage of the research and development competition;
(b) the time limits and manner of evaluation at the second stage of the research and development competition.
(4) Only projects evaluated and approved at the first stage of the research and development tender under the declared conditions and rules laid down in this Regulation and meeting the conditions of the second stage of the research and development tender may be accepted to the second stage of the research and development tender.
(5) The provider shall be entitled to require the completion of the project design to the second stage of the tender for research and development by the selected tenderer on the basis of the specification of the terms and conditions and the addition of the necessary additional conditions, in particular the amount of the cost of the project, time data and use of the results recognised. The project design between the first and second stages of the R & D tender must not change the objectives of the project.
Time limits and tender documents for research and development tenders
(1) A competitive period is the period during which project proposals may be submitted. It shall start running from the day following the date of the publication of a tender for research and development in the Commercial Journal and shall end on the day on which the project proposals are accepted. The length of the competitive period for one-stage tenders and for the first stage of a two-stage R & D tender shall be at least 36 calendar days.
(2) The evaluation period is the period during which the provider ensures the evaluation of project proposals, decides and declares the results of the research and development tender. It shall start to run from the day following the end of the competition period and end on the day of the publication of the results of the research and development contest. The duration of the evaluation period shall be no more than 8 months and shall end no later than 2 months before the declared estimated start date for project management.
(3) The provider shall process the procurement documents as a set of supporting documents and information necessary for the preparation and submission of the project proposal for a tender for research and development. The provider shall be responsible for the completeness of the procurement documents.
(4) When issuing a two-stage R & D competition, the provider shall process the documentation for both the first and the second stage of the R & D tender.
(5) The procurement documents shall be provided on request to any person who so requests, on the spot and at the time they were notified when the invitation to tender for research and development took place.
Certification of qualification
(1) Each tenderer shall demonstrate his or her qualifications to address the proposed project in the relevant programme or grant project. Where more than one candidate is jointly involved in a project, the obligation to demonstrate its qualification shall apply to all such candidates.
(2) The qualification criteria are met by the tenderer,
(a) which has the expertise to address the project;
(b) which has an appropriate authorisation to operate, if required by special legislation, 10)
(c) against which an application for bankruptcy has not been lodged or which has not submitted an application for settlement or against which an application for bankruptcy for lack of property (11) has not been rejected or is not in liquidation;
(d) which has settled due liabilities in relation to the state budget, the State Fund, the health insurance company or the Czech Social Security Administration;
(e) which has not been convicted of a criminal offence, (12) the nature of which relates to the subject of the applicant's business, if the applicant is an entrepreneur, or to an economic or criminal offence against property;
(f) which has not been disciplined in the last three years under specific legislation governing the pursuit of professional activities, 13) where that activity is linked to the subject of a competition in research and development.
(3) The method of demonstrating and assessing the qualification assumptions referred to in points (a) and (d) of paragraph 2 shall be laid down by the provider when awarding a research and development contest, taking into account the nature of the research and development contest and the expected financial scope of the projects.
(4) The applicant demonstrates compliance with the qualification assumptions when submitting the project proposal as follows:
(a) the qualification conditions referred to in paragraph 2 (b) by means of evidence of an authorisation to conduct business or other authorisation required;
(b) the qualification qualifications referred to in paragraph 2 (c) to (f) shall be demonstrated by an honorary declaration, the qualification qualifications referred to in paragraph 2 (e) and (f) being demonstrated in the case of legal persons for the person exercising the function of statutory body or for all members of the statutory body of the tenderer.
(5) The tenderer in favour of which, on the basis of the announced result of a research and development tender, a decision of the provider to provide special-purpose funds or to which the contract to provide special-purpose funds is to be concluded shall demonstrate, before the decision of the provider to provide special-purpose funds or before the conclusion of the contract to provide special-purpose funds, the qualification criteria as follows:
(a) in accordance with paragraph 2 (b), an extract from the Commercial Register or any other legally designated list, if registered, not more than 90 days old, or a certified copy of the authorisation to operate, 10) or instruments of incorporation or other instruments of incorporation, not more than 90 days old,
(b) in accordance with paragraph 2 (e), an extract from the record of the Register of Penalties pursuant to special legislation14) of all persons acting as the statutory body of the tenderer or of all members of the statutory body of the tenderer, not more than 6 months old.
(6) The tenderer in favour of which, on the basis of the announced outcome of a research and development tender, a decision of the provider to provide special-purpose funds or to conclude a special-purpose finance contract demonstrates the qualification conditions referred to in paragraphs 2 and 5 only once within one research and development contest.
(7) The provider may require the fulfilment of additional qualification assumptions by the tenderer, which are related to the nature and conditions of the programme declared. These qualification assumptions and the manner in which they are demonstrated shall be determined in advance by the provider in the terms of the research and development contest.
(8) The applicant shall inform the provider in writing of changes that have occurred since the submission of the project proposal affecting its legal personality or the data required for the demonstration of qualifications and which could affect the decision of the provider within 7 calendar days of the date on which it became aware of this fact.
(9) Failure to meet the qualification requirements, the obligation to demonstrate the qualification or the obligations referred to in paragraph 8 shall give rise to the exclusion of the design of the project from competition in research and development. The provider may, at the time of the publication of a research and development contest, provide for an exemption for tenderers who fail to meet the qualification requirements of paragraph 2 (c) and (d) while showing that they have been included in a revitalisation programme approved by the Government of the Czech Republic.
Adoption of project proposals
(1) The provider shall ensure that the project proposals are taken over in such a way and within such a time limit as was laid down in the invitation to tender for research and development. The proposal for a project is a request from the candidate for special-purpose funds under a specific legislation. 1)
(2) The Commission set up by the provider shall evaluate compliance with the conditions for the acceptance of project proposals set up by the provider when the research and development contest is announced.
(3) The Commission shall draw up a summary protocol which shall include a list of project proposals received, details of project proposals received within the competitive period and their completeness and proposals for projects not complying with the declared conditions for the adoption of the project proposal, indicating the reasons for their exclusion. The protocol shall also contain details of the applications received after the expiry of the competitive period, including the time-limits for their receipt.
(4) A project proposal delivered in contravention of the declared conditions for the adoption of project proposals may not be accepted into a research and development competition and evaluated in accordance with Section 10.
Evaluation of project proposals
(1) The provider will ensure an objective and unbiased evaluation of project proposals in accordance with the published R & D rules and criteria.
(2) The provider shall set up an expert advisory body to evaluate project proposals. Evaluation of proposals for grant projects is provided by the trade committee of the Grant Agency of the Czech Republic or by the trade council of the Grant Agency of the Academy of Sciences of the Czech Republic.
(3) The provider shall ensure that at least two opponents meet the requirements of Section 5 (5) mutatis mutandis for each project proposal. At the same time, opponents shall not be employees of the same legal person. The provider shall request a written statement from the opponent of his unbiased opposition to the candidate or project proposal. Opponents' opinions are the basis for evaluation by an expert advisory body.
(4) The expert advisory body shall have at least five members. Its members are appointed by the provider primarily by persons with appropriate qualifications and professional experience according to the programme's focus, and the majority of them must not be employees of the provider. Only one employee of the same legal person may be in one expert advisory body, except for the staff of the provider. The provider shall also comply with the proportional representation of the different types of research and development entities with regard to their regional representation and, for targeted research or development, ensure the representation of users of the results. A member of an expert advisory body shall not be a member of the Council at the same time. The list of members of the expert advisory body shall be published by the provider no later than when the results of the research and development contest are announced.
(5) The deliberations of the expert advisory body shall be governed by the rules and rules of the expert advisory body drawn up and approved by the provider. In particular, the provider shall lay down the arrangements for the appointment and replacement of members and alternates of the expert advisory body, the duration of the term of office, the manner in which the expert advisory body is to act, the procedure for any bias of the members of the expert advisory body or opponents, the manner in which the report on the evaluation of projects is to be prepared, the manner in which the expert advisory body's deliberations are to be kept. The provider may also lay down other requirements. The provider shall publish the status of the expert advisory body at the latest at the time of the publication of a tender for research and development.
(6) Where a member of the expert advisory body participates in the preparation or solution of the proposed project, the provider shall ensure that that member does not have access to and participate in the evaluation of the project. The evaluation of the project proposal shall not involve a candidate's representative, which shall mean the person performing the function of statutory authority or a member of a statutory body, a member or an employee of a candidate's person, with the exception of universities. The evaluation of the project design shall also not involve a person performing the function of statutory body or a member of a statutory body of a legal person involved in the project management. Where a university is a candidate, the evaluation of a project proposal shall not involve a person performing the function of its statutory body or a member of its statutory body or of a person performing the function of academic body or of a member of the academic bodies of those faculties involved in dealing with the proposed project.
(7) At the end of the evaluation, the expert advisory body shall draw up a report on the outcome of the evaluation of the project, which shall include, in particular, identification details of the project proposal, the person or persons of the candidate, the total cost of the project management, the rate and the amount of the earmarked funds awarded, in accordance with the provisions of Article 3 (2) and the justification for the outcome of the evaluation of the project proposal, based on the opinions of the opponents and on the assessment of similar research projects pursuant to Article 3 (3). Protocols on the results of the evaluation of projects and the resulting draft ranking of all projects shall be submitted by the expert advisory body to the provider who shall decide on the outcome of the research and development contest. The provider may decide on the outcome of a research and development contest in contravention of the recommendation of the expert advisory body if he justifies this decision in the Protocol.
(8) The provider will publish the result of the R & D tender in accordance with the evaluation deadline. No later than the next proposal for the allocation of State budget resources to support research and development, the provider shall forward to the Council data on the number of project proposals received and evaluated and the number of projects supported pursuant to Article 4 (4).
(9) The provider shall inform the tenderer, at his written request, of the outcome of the evaluation of the design of his project in a research and development contest, including the justification, and shall provide him with opposition opinions on the design of his project without giving personal data to the opponents in accordance with specific legislation. 15)
(10) Proposals for projects may not be modified during a research and development tender, except for the proposed level of recognised project management costs and the amount of project financing provided for in Article 3 (2) and except for the completion of the project design in a two-stage R & D competition pursuant to Article 6.
(11) The applicant may withdraw from the R & D tender at any time.
Withdrawal of competition in research and development
(1) A provider may withdraw from competition in research and development which has been declared under this Regulation:
(a) where all project proposals are excluded;
(b) because of a substantial change in the circumstances in which competition in research and development was declared and which could not have been predicted or caused by the provider, or where there are no grounds for continuing the competition in research and development; or
(c) in the case of a two-stage R & D tender, also if no project design has advanced to the second stage of the R & D tender.
(2) For a material change in the circumstances referred to in paragraph 1, point (b) shall apply. (b) such a reduction in the amount of special-purpose research and development funds shall be considered in the budget chapter of the provider which does not allow the financing of newly launched projects, with priority being given to the financing of the projects already covered.
(3) The provider of the decision to withdraw a competition in research and development shall immediately publish it in the same way and in the same place as the publication of that invitation.
(4) In the event of the withdrawal of a research and development contest referred to in paragraphs 1 and 2, the tenderer shall not be entitled to reimbursement of the costs associated with his participation in a research and development contest.
Reimbursement of costs of competition in research and development
(1) Providers, with the exception of the grant agency of the Czech Republic, shall bear the costs of ensuring competition in research and development, public procurement and control of projects under this Regulation not exceeding 2,5% of the research and development funds of the research and development provider in the calendar year concerned.
(2) The grant agency of the Czech Republic will cover the costs of securing a competition in research and development and of controlling grant projects from institutional research and development funds.
Decision to provide special-purpose funds
(1) On the basis of the outcome of the R & D tender, the provider shall, in accordance with the specific legislature16, issue a decision to provide special-purpose funding to support the project selected, covering the entire duration of the project and the period up to the evaluation of the results of the project, including the settlement of the grant provided.
(2) The total amount of recognised costs and the related amount of special-purpose funds provided by the provider for the entire duration of the solution must not be altered by the provider's decision by more than 50% of the total amount of recognised project management costs referred to in the original special-purpose funds decision, while maintaining the conditions set out in Article 3 (2).
(3) The beneficiary shall inform the provider in writing of any changes that have occurred since the decision to grant special-purpose funds affecting its legal personality, the data required for the demonstration of qualifications or which could affect the project's solution within 7 calendar days of the date on which it became aware of such facts.
Special purpose finance contract
(1) The grant agency of the Czech Republic enters into a contract with the beneficiary in accordance with the law, unless it is an organisational component of the State. The contract shall have a similar content as the decision to grant special-purpose funds under a specific law. 16) Paragraph 13 (2) and (3) shall apply mutatis mutandis to special-purpose finance contracts concluded by the Grant Agency of the Czech Republic.
(2) The conclusion of a contract for the provision of special-purpose funds for public procurement is governed by specific legislation. 5)
Procedure for providing special-purpose funds
(1) The provider shall start providing special-purpose funds in accordance with the decision to grant special-purpose funds or special-purpose funds contract
(a) in the case of newly approved projects, no later than 2 months after the date of the decision to grant special-purpose funds or to take effect of the contract to provide special-purpose funds and after transmission of the data to the central register of the projects;
(b) for projects addressed in the second year and subsequent years of the solution, within 2 months of the beginning of the calendar year, subject to compliance with the conditions resulting from the decision to grant special-purpose funds or contracts and after transmission of the valid data for that year to the central register of projects.
(2) No later than 2 months after the date of the decision to grant special-purpose funds or to take effect of the contract to provide special-purpose funds of the beneficiary, the project shall actually be addressed.
(3) The obligation to start providing special-purpose funds is limited by special legislation.1)
(4) The special-purpose funds are granted in accordance with specific legislation1) by transfer from the provider's account to the payee's bank account or by allowing drawing from the budgetary expenditure account up to the limit set. The determination of the way in which the funds are provided is part of the decision to provide special-purpose funds or contracts to provide special-purpose funds.
(5) The provider may provide part of the special-purpose funds, but not more than 10% of them approved for the entire duration of the solution, after assessing the achievement of the objectives and the results of the project. This procedure must be adapted in the decision to grant special-purpose funds or in the contract to provide special-purpose funds.
Contract for the use of research and development results
For targeted research and development where the State is not the sole user of the results, the provision of special-purpose funds shall be subject to the adjustment of the use or ownership rights of the results and their use by means of a contract to use the results concluded between the provider and the recipient or recipients at least 6 months before the end of the project solution. This contract for the use of results shall include in particular:
(a) the contracting parties (provider and recipient or recipient);
(b) name, project identification code,
(c) defining the results achieved and comparing them with the objectives of the project;
(d) the identification of the owner of the results and the manner in which the copyright or patent rights are settled;
(e) the use made of the results achieved and the period within which the results must be used;
(f) the way in which the project solution revenue may be used,
(g) the adjustment of the procedure in the event that the expected results are not achieved and the obligation of the beneficiary to notify the provider at the latest by the end of the project solution;
(h) the extent and degree of confidentiality of the data and the manner in which they are handled under specific legislation;
(i) penalties;
(j) the date of validity and the duration of the contract;
(k) signature of the parties;
(l) any other mutually agreed contractual terms.
Use of achieved research and development results
(1) If research and development are for the needs of the State and the result cannot be protected under special legislation, 17) is subject to publication and use of the result of the consent of the provider.
(2) If the State is not the only user of the results, it shall:
(a) in the case of the results of public-funded research and development, exceeding 50% of the total recognised costs of the beneficiary, the results shall be made available under the same conditions to all interested parties for their use;
(b) in the case of the results of research and development, public-funded shares amounting to 50% and less of the total recognised costs, an agreement must be included in the contract for the use of results on the manner and dates of use of the results; or
(c) in the case of the non-use of research and development results by public and other sources at the time laid down in the exploitation contract, beneficiaries shall be obliged to provide the results obtained for use under normal non-discriminatory conditions to other interested parties.
Control of the use of special-purpose funds
(1) Specific legislation shall apply to the monitoring of compliance with the conditions for the use of special-purpose funds under this Regulation and the application of penalties for unauthorised use or retention of special-purpose funds. 18)
(2) For all projects, the provider shall monitor the progress of the management and achievement of the objectives of the projects, including the monitoring of the drawing-up and use of the special-purpose funds, the effectiveness of the overall recognised costs of the solution and in-kind performance of the content of the contracts through an evaluation of project management reports, at least within one year but always after the completion of the solution.
(3) The beneficiary shall, at least once a year, but always after the completion of the solution, draw up a project management report and transmit it to the provider in accordance with the decision to provide special-purpose funds or the contract to provide special-purpose funds.
(4) After completion of the project solution, both the provider and the beneficiary shall assess the achievement of the objectives of the project, the results achieved and their implementation, the funds actually spent and ensure the control of the use of the results achieved, provided that a contract on the use of results has been concluded at the end of the project solution. The expert advisory body shall draw up a report on the outcome of the evaluation, including in particular an evaluation of compliance with the conditions laid down in this Regulation.
(5) The evaluation of the project resolution reports shall be carried out by the provider through the expert advisory body, which is set up in accordance with a specific legislation for grant projects by the Grant Agency of the Czech Republic or by the Grant Agency of the Czech Academy of Sciences. 19)
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Regulation Information
| Citation | Government Decree No. 88 / 2001 Coll., on the conditions for special-purpose research and development funding and data transfer to the central register of projects financed from the state budget |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.2001 |
|---|---|
| Effective from | 28.02.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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