130/2002 Coll.
ACT
of 14 March 2002
on support of research and development from public funds
and on amendment to some related acts
(R&D support act)
The Parliament made a resolution on the following act
of the Czech Republic:
PART ONE
SUPPORT OF RESEARCH AND DEVELOPMENT
FROM PUBLIC FUNDS
TITLE I
INTRODUCTORY PROVISIONS
§ 1
Scope of application
This Act shall provide for the support of research and development from public funds (hereinafter referred to as the „Support“), and
a) rights and duties of legal entities and individuals and tasks of organisational bodies of the Czech Republic or territorial self-governing units (hereinafter referred to as the
"Organisational body") concerned with research and development supported from public funds, terms and conditions of this support, public tender in research and development and evaluation of research intentions,
b) provision of information on research and development through the Research and Development Information System,
c) tasks of the research and development authorities.
§ 2
Definition of terms
(1) For the purpose of this Act research and development means any systematic creative work carried out with a view to gain new knowledge or apply them. In addition, it can be distinguished between
a) research, being any systematic creative work extending the knowledge, including the understanding of a human, culture or society, by methods enabling confirmation, supplementation or displacement of gained information, performed as
1. basic research, being experimental or theoretical works carried out with the aim
to gain knowledge on the bases or substance of the observed phenomena,
explanation of their causes and possible impacts at taking advantage of the
gained knowledge, or
2. applied research, being experimental or theoretical works carried out
with the aim to gain new knowledge directed at future application in practice;
such part of the applied research, the results of which are through development
employed in new products, technologies and services that are intended
for business under a special legal regulation,1) is marked as industrial research,
b) development, being any systematic creative employment of research information or other concepts for production of new or improved materials, products or equipment, and/or for implementation of new or improved technologies, systems and services, including procurement and verification of prototypes, semioperation or demonstration equipment.
(2) For the purpose of the support granting
a) the grantor shall be any administrator of the state budget chapter or territorial self-governing unit, who takes decisions on the support granting and who grants this support,
b) the receiver shall be any organisational body, legal entity or individual, in favour of whom the grantor decided about the support granting,
c) the co-receiver shall be any organisational body, legal entity or individual, whose participation on the project was defined in the draft project and with whom the receiver concluded any agreement on partial solution of the project,
d) the applicant shall be any organisational body, legal entity or individual, who applies for the support granting,
e) the program shall be any set of material, time and financial conditions for activities necessary for reaching the research and development goals formulated by the grantor that the grantor publicises in the public tender in research and development or within the public contract awarding under a special legal regulation,2)
f) the infrastructure shall be any supporting activities for research and development covering services or activity of special research facilities, organisations providing administration and funding of research and development or verification or dissemination of the research and development results,
g) the result shall be any new research and development information arising by activity within the project or research intention solution, or their utilisation,
h) the user shall be any organisational body, legal entity or individual, who uses the result in his/her activity,
i) the allowable cost shall be any cost in research and development, which the grantor approves as necessary for the project or research intention solution and which will be spent in the course of their solution, which are justified, provable and allocated to approved activities.
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1) E.g. Commercial Code, Act No.77/1997 Coll. on state enterprise, as subsequently amended.
2) Act No. 199/1994 Coll. on awarding of public contracts, as subsequently amended.
TITLE II
SUBJECT AND METHODS OF SUPPORT
§ 3
Subject of support
(1) The support of research and development, including infrastructure, can be granted only in scope and under conditions laid down in this Act, in the form of
a) targeted support, which means granting of targeted means for any research and development project (hereinafter referred to as the "Project"), where the project shall be defined by scope of R&D activity
1. in the program project, in which the receiver expresses how and under what conditions he/she will contribute to attaining the program goals formulated by the grantor,
2. in the grant project, in which the receiver sets the goals and ways of solution in basic research by himself/herself,
3. in the R&D public contract (hereinafter referred to as the "Public contract"), in which the receiver carries out research and development for the needs of the grantor, who is the only user of its results,
b) institutional support, which means granting of institutional means for any research intention, specific university research or international co-operation of the Czech Republic in research and development, where
1. the research intention shall be the definition of a subject of research activity of any legal entity or organisational body, its goals, strategy, expenditures and estimated results, which it ensures in basic or applied research, with the exception of industrial research, its conceptual development for the period of 5 to 7 years,
2. the specific university research shall be part of the university research, which is directly connected with education and in which the students participate,
3. the international co-operation of the Czech Republic in research and development shall be any co-operation realised on the basis of international treaties, by which the Czech Republic is bound (hereinafter referred to as "International treaty").
(2) The grantors may cover the cost of public tender arrangement in research and development or cost of public contract awarding, including project monitoring cost, from the targeted support in the amount not exceeding 2.5 per cent of the total amount of the grantor’s targeted means on research and development in given calendar year at the most. The Grant Agency of the Czech Republic shall cover the cost of public tender arrangement in research and development and grant project monitoring from the institutional support.
(3) The grantors may cover the cost of research intentions evaluation and their monitoring from the institutional support in the amount not exceeding 2.5 per cent of the total amount of the grantor’s institutional means on research and development in given calendar year at the most.
(4) The grantor may cover the material and financial consideration of individuals for exceptional results in research and development supported under paragraph 1 from the R&D expenditures. Conditions for consideration of exceptional results in research and development are provided for in an implementing legal regulation.
(5) The support of research and technological development as part of the support to regional development shall be governed by this Act.
(6) From the R&D expenditures the cost connected with activities of the Research and Development Council and Grant Agency of the Czech Republic shall be covered.
§ 4
Methods of support granting
(1) The targeted support shall be granted from the R&D expenditures of grantors, to the competence of whom they belong under special legal regulations3), by form of subsidies to legal entities and individuals or by increasing the expenditures of organisational bodies to
a) grant projects from research expenditures of the Grant Agency of the Czech Republic or Academy of Sciences of the Czech Republic,
b) program projects of basic and applied research, including infrastructure, implementing the National Research Program from the R&D expenditures of grantors, or
c) program projects of applied research, including infrastructure, and development from the R&D expenditures of grantors intended for implementation of their programs.
(2) The targeted support to a public contract shall be granted from the R&D expenditures of that grantor, who is the only user of the results.
(3) The institutional support shall be granted by form of a subsidy to legal entities or from expenditures of organisational bodies to a research intention
a) of contributory organisation by its founder,
b) of public university under a special legal regulation4) by the Ministry of Education, Youth and Sport (hereinafter referred to as the "Ministry"),
c) of military academy by the Ministry of Defence,
d) of police academy by the Ministry of Interior,
e) of legal entities not mentioned under points a) to d) by the Ministry,
or
f) of organisational body by the Ministry.
(4) The institutional support shall be granted by form of a subsidy for specific university research by competent grantors.4)
(5) The institutional support shall be granted to part of the international co-operation of the Czech Republic in research and development, within the framework of which the Ministry or competent grantor3), on the basis of international treaties, covers the fees for the participation of the Czech Republic in the international R&D programs or fees for the membership in international organisations.
(6) A special legal regulation stipulating public support shall apply to the support granting, with the exception of public contracts. 5)
(7) Requirements for the methods of support granting and use under paragraphs 1 to 5, including the way of covering the fees for the Czech Republic’s membership in international R&D programs and fees for membership in international organisations shall be laid down in an implementing legal regulation.
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3) E.g. Act No. 2/1969 Coll. on establishment of ministries and other central authorities of public administration of the Czech Republic, as subsequently amended, Act No. 129/2000 Coll. on regions (regional system), as subsequently amended, Act No. 128/2000 Coll. on municipalities (municipal system), as subsequently amended.
4) Act No. 111/1998 Coll. on universities and on amendment and supplement to other acts (Universities Act), as subsequently amended.
5) Act No. 59/2000 Coll. on public support.
§ 5
Procedure of preparation of estimated
R&D expenditures of the state budget
(1) The estimated R&D expenditures of the state budget shall be based upon the National Research Program and upon the R&D programs under paragraph 2, which are approved by the Government that provides for their implementation.
The National Research Program and R&D programs shall fulfil and implement the long-term trends and proportions of development of R&D of the Czech Republic, medium-term outlook of the R&D support and National Research and Development Policy of the Czech Republic, where
a) the National R&D Policy of the Czech Republic shall mean setting of basic targets of the R&D support from public and other funds, their classification, material orientation of the support in the period of 4 to 6 years and measures for their implementation in a document approved by the Government, which is based upon the long-term trends and proportions of development of R&D,
b) the National Research Program shall mean a set of programs adopted by the Government, which implements a substantial part of the National R&D Policy of the Czech Republic and contains definition of particular support targets for the period of 4 to 6 years, amount of resources broken down by individual programs, as well as responsibilities of individual grantors for co-ordination of respective programs and material conditions for granting the support from public funds, including evaluation criteria..
(2) The R&D program or its alterations shall be adopted by the Government before starting works on preparation of the state budget estimate for the year, in which the program is initiated. The grantor shall work out the draft program and deliver it to the Research and Development Council and Ministry for their opinions. The draft program shall contain particularly
a) identification data of the program, its possible division into sub-programs, term of its publication and duration,
b) total expenditures and expenditures from public funds for the implementation of program and its parts, by individual years,
c) specification of goals of the program and its parts together with their reasoning, comparison with present state in the Czech Republic and in abroad and expected benefits of the program.
(3) The provisions on programs according to budget rules shall not apply to programs defined by this Act.6)
(4) The Government shall specify the estimate of total R&D expenditures of individual budget chapters on a proposal from the Research and Development Council.
(5) The Research and Development Council shall send the proposed structure of division of the state budget R&D expenditures in individual budget chapters to the administrators of respective budget chapters.7) The proposal must contain particularly the classification of expenditures under § 6, data on adopted programs under paragraph 2 and on other activities of research and development under § 4. The proposed division of the state budget R&D expenditures in individual budget chapters under paragraph 4 shall be processed by administrators of budget chapters, from which the research and development are supported so to provide for preferential fulfilment of projects and research intentions initiated in previous years and additional obligations. The administrators of the budget chapters shall deliver the proposals to the Research and Development Council that will discuss them with the administrators within the conciliation procedure.
(6) The Research and Development Council shall deliver the final proposal of the state budget R&D expenditures, their division and medium-term outlook of research and development support to the Government. After being discussed within the Government, the Ministry of Finance shall include it in compliance with the budget rules8) into the state budget bill.
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6) § 12 and 13 of Act No. 218/2000 Coll. on budget rules and on amendment to some related acts (budget rules)
7) § 3 g) of Act No. 218/2000 Coll.
8) Act No. 218/2000 Coll. as subsequently amended.
Act No. 250/2000 Coll. on budget rules of territorial budgets.
§ 6
Classification of the state budget R&D expenditures
(1) The binding indicators of the respective budget chapters shall be the R&D expenditures in total, of this the institutional expenditures in total and targeted expenditures in total.
(2) Of the total R&D expenditures of individual budget chapters another binding indicators, if applicable, shall represent the expenditures on
a) the National Research Program,
b) programs in the competence of grantors (§ 34),
c) public contracts,
d) specific university research,
e) international co-operation of the Czech Republic in research and development.
TITLE III
CONDITIONS OF THE SUPPORT
§ 7
Support granting
(1) The support must be granted in compliance with the National Research and Development Policy of the Czech Republic.
(2) The targeted support shall be granted by the grantor after completion of a public tender in research and development in accordance with this Act or on the basis of public contract awarding under a special legal regulation.2)
(3) The grantor shall grant the institutional support for research intentions after evaluating these research intentions and previous results of the receiver’s R&D activity as provided for in this Act.
(4) For specific university research the institutional support shall be granted according to their qualifications given by the so far successfulness in public tenders in research and development, successfulness in application of results, number of students in respective types of accredited study programs and qualification structure of academic workers. The criteria and procedures of granting and use of the specific research support shall be provided for in an implementing legal regulation.
(5) The method of laying down the share of support on allowable cost shall be stipulated by an implementing legal regulation.
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2) Act No. 199/1994 Coll. on awarding of public contracts, as subsequently amended.
§ 8
Support use
(1) For each project and research intention the receiver shall keep separate records as provided for in a special legal regulation9) on allowable cost and shall monitor the expenditures or cost covered from the support within these records. Definition of allowable cost entries shall be laid down in an implementing legal regulation.
(2) For each project or research intention the receiver must show at least one independent result, which is not at the same time the result of any other project or research intention. The result of each project or research intention must be evaluated separately from results of other projects and research intentions.
(3) From the targeted project support the cost may be covered of research and development carried out by the receiver or co-receiver, including necessary infrastructure. When extending part of the targeted support by the receiver to co-receiver the special legal regulation shall not apply.2)
(4) At acquisition of any tangible and intangible assets under a special legal regulation9) for the project solution, only such part of their acquisition cost may be included in the allowable cost that correspond with the expected use for the given project solution. The way of laying down the allowable cost amount for acquisition of tangible and intangible assets shall be provided for in an implementing legal regulation.
(5) From the institutional support for the research intention only cost of research carried out by the receiver may be covered, including infrastructure necessary for the research intention solution.
(6) In case that draft project or research intention lacks detailed specification of any service, acquisition of tangible and intangible assets, including price and supplier, a special legal regulation shall apply.2)
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2) Act No. 199/1994 Coll. on awarding of public contracts, as subsequently amended.
9) Act No. 563/1991 Coll. on accounting, as subsequently amended.
§ 9
Arrangement of relations between the grantor and receiver
(1) The grantor shall conclude with the targeted support receiver a written agreement on granting of a subsidy for support of any chosen project covering the whole period of project solution and period until evaluation of the project solution, including the subsidy settlement (hereinafter referred to as the “Support-granting contract”). Among the requirements of the support-granting contract there shall belong, particularly
a) name of a grantor,
b) name of a receiver,
c) name, identification data of a project and scope of its solution,
d) project targets and its expected results, way of verification of their attainment,
e) name, surname and academic and scientific degrees, if any, of any individual, who is responsible to the receiver for the professional level of the project (hereinafter referred to as the "Solutionist"),
f) terms of initiation and termination of the project solution,
g) amount of allowable cost and their classification, amount of support from public funds and its allocation in respective years, including terms and methods of its granting,
h) arrangement of rights of use and ownership to the results under conditions provided for in this Act,
i) contract conditions for participation of co-receivers, amount of their support from public funds and its allocation in respective years, including terms and methods of its granting and monitoring,
j) method of keeping, accounting and reporting of allowable cost,
k) method of project solution monitoring, including monitoring of utilisation of the granted support and utilisation of results,
l) definition of the confidentiality level of data, including their marking according to special legal regulations,10)
m) way of providing the data about project and its results to the Research and Development Information System,
n) way of disputes settlement,
o) sanctions for breach of contract,
p) date of taking effect and termination of the contract.
(2) The approved draft project shall be part of the support-granting contract.
(3) If not stipulate otherwise by this Act, the support-granting contract shall be governed by the provisions of Commercial Code.
(4) The support-granting contract may be concluded with more receivers at the same time and their mutual relations shall be provided for as an integral part of the contract. The provisions of this Act on the contents of the support-granting contract shall reasonably apply also to contracts concluded for execution of a public contract according to a special legal regulation.2)
(5) If the targeted support receiver is an organisational body, the grantor shall grant the support according to a special legal regulation.8) Requirements of the support-granting decision shall be adequate to requirements of the support-granting contract as provided for in paragraphs 1, 2, and 4. If the receiver and co-receiver are organisational bodies of the Czech Republic within the competence of the same budget chapter administrator, they don’t give to each other any mutual pecuniary consideration in compliance with a special legal regulation11). In this case the grantor shall proceed in the same way as with more receivers under paragraph 4.
(6) The grantor shall issue decision on granting of institutional support for research intention or decision on granting of institutional support for specific university research according to a special legal regulation8) (hereinafter referred to as the "Support-granting decision"). Requirements of the support-granting decision shall be adequate to requirements of the support-granting contract provided for in paragraphs 1 and 2.
(7) The amount of allowable cost and related amount of support from public funds granted for the project or research intention solution for the whole period of solution must not be changed in the course of the solution by more than 50 per cent of the amount of allowable cost or amount of support from public funds provided for in the support-granting contract or support-granting decision. The changes in the amount of allowable cost and related amount of support must be reasoned, well-founded by approved activities, based upon amendment to the support-granting contract or support-granting decision and must comply with the support conditions under this Act. The procedure of change in the amount of allowable cost or amount of support from public funds shall be stipulated by an implementing legal regulation.
(8) The receiver shall be obliged to inform the grantor in written on any changes, which occurred in the period of effectiveness of the support-granting contract or in the period of enforceability of the support-granting decision and which affect his/her legal personality, data requested for proving capacity or which could have influence on project or research intention solution, within 7 calendar days since the day he/she learnt about such fact.
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2) Act No. 199/1994 Coll. on awarding of public contracts, as subsequently amended.
8) Act No. 218/2000 Coll. as subsequently amended.
Act No. 250/2000 Coll. on budget rules of territorial budgets.
10) Act No.148/1998 Coll. on protection of classified matters and on amendment to
some acts, as subsequently amended.
Commercial Code.
11) Act No. 218/2000 Coll. as subsequently amended.
§ 10
Term and way of support granting
(1) If as a result of the budget provisional arrangement under a special legal regulation8) the regulation of budget drawing doesn’t occur, the grantor shall be bound to start granting the support within 60 days from the day of entry into force of the support-granting contract or from the day of issue of the support-granting decision. With the multiyear projects or research intentions the grantor shall be obliged in the second and next years of solution to start with the support granting within 60 calendar days since the beginning of a calendar year in case that all receiver’s obligations following from the support-granting contract or support-granting decision are fulfilled and data are included into the Research and Development Information System in compliance with this Act and special legal regulation.12) Within the same term the receiver shall be obliged to start with the project or research intention solution.
(2) The grantor shall grant the support only to the receiver, without implementing a budget measure, by direct transfer from the grantor’s account to the receiver’s bank account or by allowing to draw from the grantor’s budget disbursement account up to the limit set for the receiver. If the co-receiver participates in the project solution, the grantor shall grant to the receiver the targeted support including the part intended for the co-receiver, without implementing a budget measure. The receiver shall record the support under special legal regulations.13)
(3) The grantor shall grant to receivers the support for
a) projects, which are not public contracts, as a lump sum for given calendar year, with the exception of part of support under paragraph 4,
b) projects, which are public contracts, in terms stipulated by the support-granting contract or decision, or
c) research intentions and other ways of institutional support under § 4 (4) and (5) in terms stipulated by the support-granting decision.
(4) The grantor shall be allowed to grant part of the targeted support, but 15 per cent of its approved amount for the whole term of solution at the most, to the receiver only after the evaluation of target attainment and project solution results, if such procedure is stipulated in the support-granting contract or decision.
(5) If the co-receiver participates in the project solution, the receiver shall grant him the determined part of the targeted support. The way and term for targeted support granting by the receiver to co-receiver shall be specified by the grantor under § 9(1) i). The receiver shall grant the specified part of targeted support to the co-receiver on the basis of an agreement concluded between them.
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8) Act No. 218/2000 Coll. as subsequently amended.
Act No. 250/2000 Coll. on budget rules of territorial budgets.
12) Act No.106/1999 Coll. on free access to information, as subsequently amended.
13) Act No.218/2000 Coll. as subsequently amended.
Act No.250/2000 Coll.
Act No.563/1991 Coll. as subsequently amended.
§ 11
Arrangement of ownership to the results and utilisation of results
(1) The condition of the support granting shall be the arrangement of rights of use and ownership to the results and their utilisation and availability between the grantor and receiver, between receiver and third parties participating in the project, and if the project has more receivers, between the receivers themselves. With the applied research and development, if not a public contract, the arrangement of rights of use and ownership to the results shall have the form of contract on utilisation of results concluded between the grantor and receiver or between receivers at least 180 calendar days before termination of the support-granting contract.
(2) Among the requirements of the contract on utilisation of results there are particularly
a) name and identification data of the project or research intention,
b) definition of results and their comparison with the goals of project or research intention,
c) arrangement of rights of use and ownership to the results under § 16,
d) way of utilisation of results and time, by which the results must be applied,
e) extent of the data confidentiality level and way of data treatment according to special legal regulations10)
f) sanction for breach of contract,
g) date of taking effect and termination of the contract.
(3) If not stipulated otherwise by this Act, the provisions of the Commercial Code shall apply to the contract on utilisation of results.
(4) If the targeted support receiver is an organisational body, the grantor shall issue a decision on utilisation of results. Requirements of the decision on utilisation of results shall be adequate to requirements of the contract on utilisation of results laid down in paragraph 2.
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10) Act No. 148/1998 Coll. on protection of classified matters and on amendment to some acts, as subsequently amended.
Commercial Code.
§ 12
Provision of information
(1) The support shall be granted under the condition of disclosure of true and timely information by both the receiver and grantor on the research and development carried out and on the results through the Research and Development Information System.
(2) For the purpose of this Act, data allowed for disclosure mean data, for which the special legal regulation neither forbid, nor limit their disclosure. These data may be given into publicly accessible information systems, including international systems.
(3) If the subject of project or research intention solution is a matter of business secret, other secret or classified matter under a special legal regulation14) or any other matter, the disclosure of which could endanger the activity of the intelligence service, the grantor and receiver must provide factual information on research and development carried out and their results in such way that it is possible to disclose them. If the subject of the project or research intention solution is a classified matter, both the grantor and receiver shall deliver full data on the research and development carried out and their results also by a procedure provided for in a special legal regulation.14)
(4) The obligation of the grantor and receiver to inform the public under a special legal regulation12) on the support of research and development from public funds and on the results shall be fulfilled through the R&D Information System.
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12) Act No. 106/1999 Coll. on free access to information, as subsequently amended.
14) Act No. 148/1998 Coll. as subsequently amended.
§ 13
Control
(1) The grantor shall be bound to perform control of the fulfilment of goals of the project or research intention, including control of the support drawing and use, purposefulness of allowable cost under the concluded support-granting contract or support-granting decision. The receiver shall be bound to allow such control.
(2) The control under paragraph 1, including evaluation of attained results and their legal protection, shall be always carried out after the end of project or research intention solution. In case the period during which the support is granted exceeds two years, the grantor shall be obliged to carry out control under paragraph 1 also at least once during the project or research intention solution.
(3) The grantor shall be obliged to carry out financial control at the support receivers under special legal regulations15) for at least 5 per cent of the total number of projects and research intentions supported by the grantor in given calendar year, but always for one project at least.
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15) § 40 (1) and (2) of Act No. 218/2000 Coll.
§ 15 of Act No. 250/2000 Coll.
Act No. 552/1991 Coll. on state control, as subsequently amended.
§ 14
Consequences of the breach of the Act
(1) The unauthorised use or retention of means granted for the support of research and development from public funds shall be judged as breach of the budget discipline under the budget rules.8)
(2) When breaching the conditions of decision on dispensation from ban on public support, the act on public support shall apply.16)
(3) When breaching the obligation from the support-granting contract or contract on utilisation of results, the applicable contractual stipulations and Commercial Code shall apply.
(4) When breaching the obligations stipulated by this Act or when breaching the conditions of the support-granting decision issued under § 9 (5) and (6) on the receiver’s part or when breaching the obligations from the support-granting contract or contract on utilisation of results on the receiver’s part, the grantor may exclude the receiver’s draft project from the public tender in research and development for the period up to 3 years since the day the breach was proved to the receiver or when he/she admitted it in written.
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8) Act No. 218/2000 Coll. as subsequently amended.
Act No. 250/2000 Coll. on budget rules of territorial budgets.
16) § 10 and 11 of Act No. 59/2000 Coll.
TITLE IV
OWNERSHIP OF TANGIBLE ASSETS PROCURED FOR RESEARCH
AND DEVELOPMENT, RIGHTS TO THE RESULTS AND THEIR UTILISATION
§ 15
Ownership of tangible assets for research and development
The owner of tangible assets, particularly apparatuses, machines or devices necessary for solving of given project or research intention, procured from the support, shall be the receiver or co-receiver, who procured the mentioned assets or created them at project solution. If the receiver and co-receiver or more receivers participate in procurement of tangible assets, than the participation of co-receiver on the ownership of these assets must be provided for in the support-granting contract or decision in compliance with § 9(1) h). If the receiver or co-receiver is an organisational body, the owner of assets procured or created by them shall be the Czech Republic or territorial self-governing unit..
§ 16
Rights to the results and their utilisation
(1) In case of result of a public contract, which cannot be protected under special legal regulations17), the grantor shall be the owner of results and their disclosure and utilisation is possible only with previous written consent of the grantor.
(2) In case of result of a public contract, which can be protected under special legal regulations17), the receiver, if not provided otherwise by the grantor, must exercise the ownership right to the results, provide for their legal protection and after its awarding to transfer it to the grantor. The receiver shall have the claim to reimbursement of provable related cost, if they weren’t part of allowable cost. For disclosure and utilisation of results the written consent of the grantor shall be necessary.
(3) All rights to the results, with the exception of provisions under paragraphs 1 and 2, shall be owned by the receiver. The rights of authors and originators of results and owners of protective rights to them shall be provided for in special legal regulations.18)
(4) For the utilisation of results, with the exception of provisions of paragraphs 1 and 2, it shall apply that
a) in case of R&D results financed from public funds in the amount exceeding 50 per cent of allowable cost the receiver shall be obliged to make the results available under the same conditions as stipulated in the contract on utilisation of results to all persons interested in their utilisation,
b) in case of R&D results co-financed from public funds in the amount of 50 per cent or less of allowable cost, the contract on utilisation of results must contain agreement on the way and terms of utilisation of results,
c) in case of non-utilisation of R&D results co-financed from public and other funds in the way and terms stipulated in the contract on utilisation of results, the receiver shall be bound to make the attained results available for utilisation under regular non-discriminating conditions to all interested persons.
(5) If the research and development funded from public funds results in a registered invention, the provision on the employee’s inventions shall apply to it and the patent owner shall be obliged to make the licence offer under special legal regulations.19)
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17) Act No. 527/1990 Coll. on inventions and innovation proposals, as subsequently amended.
Act No. 529/1991 Coll. on protection of topographies of semiconductor products as amended by Act No. 116/2000 Coll.
Act No. 478/1992 Coll. on utility models as amended by Act No.116/2000 Coll.
Act No. 206/2000 Coll. on protection of biotechnological inventions and on amendment to Act No. 132/1989 Coll. on protection of rights to new plant varieties and animal breeds as amended by Act No. 93/1996 Coll.
Act No. 207/2000 Coll. on protection of industrial designs and on amendment to Act No. 527/1990 Coll. on inventions, industrial designs and innovation proposals, as subsequently amended.
Act No. 408/2000 Coll. on protection of rights to the plant varieties and on the amendment to Act No. 92/1996 Coll. on varieties, seeds and seedlings of cultivated plants, as subsequently amended (Act on protection of rights to varieties).
18) E.g. Act No. 121/2000 Coll. on copyright and related rights and on amendment to some acts (Copyright act), Act No. 527/1990 Coll. as subsequently amended, Act No. 529/1991 Coll. as amended by Act No. 116/2000 Coll., Act No. 478/1992 Coll. as amended by Act No. 116/2000 Coll., Act No. 206/2000 Coll. as amended by Act No. 93/1996 Coll., and Act No. 408/2000 Coll. as subsequently amended.
19) Act No. 527/1990 Coll. as subsequently amended.
Act No. 408/2000 Coll. as subsequently amended.
TITLE V
PUBLIC TENDER IN RESEARCH AND DEVELOPMENT
§ 17
Publication, contents and conditions of public tender in research and development
(1) If not stipulated otherwise by this Act, the provisions of Commercial Code shall apply to a public tender in research and development.
(2) The public tender in research and development, its content and conditions, or its cancellation, if appropriate, must be publicised by the grantor in the Commercial Bulletin and through the Research and Development Information System and at the same time he/she may publicise it in any other way. The grantor must not change the publicised conditions of public tender in research and development. The conditions of public tender in research and development must contain particularly
a) Government-approved program under § 5 (2) or type of grant projects and expected period of their duration,
b) requirements for proving the applicant’s capacity,
c) method and criteria for draft project evaluation,
d) tender term as provided in this Act,
e) evaluation term as provided in this Act,
f) place of tender documentation collection, place and form of draft projects submission and term, in the course of which these draft projects can be submitted,
g) name, seat, telephone and fax numbers, and e-mail address of the grantor.
(3) In case of any repeated public tender in research and development publicised for the program, which was approved by the Research and Development Council of the Government of the Czech Republic before this Act applies, the conditions of public tender in research and development under this Act must be fulfilled and the program must be prior to publication of this tender submitted to the Research and Development Council for its opinion. If under a special legal regulation5) an exception from the ban on public support was authorised for this program or decision issued, that it is not a matter of public support, the permission of this exception shall not be asked again.
(4) In case of any repeated public tender in research and development publicised for the program, which was approved by the Government under § 5 (2) and to which the exception from the ban on public support was authorised or decision issued, that it is not a matter of public support, under a special legal regulation5), this program shall neither be submitted in following years for approval to the Government, nor to the Research and Development Council or the Ministry for opinion and no authorisation of the exception from the ban on public support shall be asked again.5)
(5) The grantor may specify also other conditions of the public tender in research and development, which he/she publicises at the same time as conditions of this tender referred to in paragraph 2. The grantor may specify the way of submission of draft projects under a special legal regulation20) as an exclusive one only in case of not limiting any other applicants.
(6) In case when publication of the conditions of a public tender in research and development could endanger the protection of classified matters or state defence or national security14), the grantor shall award the project solution on the basis of a written appeal to chosen legal entities, individuals or organisational bodies. The prior written consent of the Research and Development Council shall be necessary for this procedure.
(7) The draft project shall be the applicant’s application for targeted support granting in the form of a subsidy under a special legal regulation.8)
(8) For the purposes of a public tender in research and development the grantor shall be authorised to collect necessary data on draft projects and applicants, including personal data, both in written and electronic form. These data are not publicly accessible information under a special legal regulation.12). The grantor shall be obliged at collection, disclosure or other processing of these data to proceed as provided for in special legal regulations.21) The scope of data on draft projects and data on applicants intended for disclosure must be defined by the grantor in the tender documentation in compliance with this Act and special legal regulations.22) From the personal data the grantor may disclose only name, surname and academic or scientific degrees, if any, of the solutionist and other workers participating in the proposed project.
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5) Act No. 59/2000 Coll. on public support
8) Act No. 218/2000 Coll. as subsequently amended.
Act No. 250/2000 Coll. on budget rules of territorial budgets
12) Act No. 106/1999 Coll. on free access to information, as subsequently amended.
14) Act No. 148/1998 Coll. as subsequently amended.
20) Act No. 227/2000 Coll. on electronic signature and on amendment to some other acts (Electronic signature act).
21) Act No. 148/1998 Coll. as subsequently amended.
Act No. 101/2000 Coll. on protection of personal data and on amendment to some acts,
as subsequently amended.
Commercial Code.
22) Act No. 148/1998 Coll. as subsequently amended.
Act No. 101/2000 Coll. as subsequently amended.
Act No. 106/1999 Coll. as subsequently amended.
Act No. 121/2000 Coll.
Commercial Code
§ 18
Proof of the applicant’s capacity
(1) The applicant shall be bound to prove his/her capacity to solve the proposed project. If several applicants compete for solution of one project, the obligation to prove their capacity shall apply to all of these applicants.
(2) Such applicant shall have a capacity, who
a) has a professional qualification to the project solution,
b) has appropriate licence to activity, if it is required by a special legal regulation,23)
c) didn’t file proposal for permission of settlement, or against whom no bankruptcy petition on his/her property was filed, or the bankruptcy petition was denied for the lack of property,24) or who is not in liquidation,
d) has settled all liabilities fallen due in relation to the state budget or budget of territorial self-governing unit and other due liabilities towards the state, state fund, health insurance company or Czech administration of social security,
e) was not lawfully convicted of a crime,25) the facts of which relates to the scope of the applicant’s entrepreneurial activity, if the applicant is an entrepreneur, or of an economic crime or crime against the property,
f) has not received in the last three years any disciplinary punishment under special legal regulations stipulating the exercise of professional activity,26) if such activity relates to the scope of the public tender in research and development,
g) is not in industrial or any other relations towards any legal entity charged with the organisation of the public tender in research and development under § 23 (2).
(3) The way of proving and assessing the capacity under paragraph 2a) shall be specified by the grantor at publication of a public tender in research and development with respect to the character of publicised tender and expected financial scope of projects.
(4) The applicant shall prove satisfaction of his/her capacity at submission of draft project as follows:
a) capacity under paragraph 2 b) by document evidencing the trade authorisation or by any other requested authorisation,
b) capacity under paragraph 2 c) to f), and with individuals also under paragraph 2 g), by affidavit, the capacity under paragraph 2 e) and f) in case of legal entities shall be proved with persons performing the office of statutory body of an applicant or its member.
(5) The applicant, with whom the support-granting contract is to be concluded for the targeted support granting under § 9 or in favour of whom the support-granting decision is to be issued, shall prove his/her capacity before the contract conclusion or decision issue as follows:
a) the applicant, who is not established by a special legal regulation or if the grantor is not at the same time the founder of the applicant, shall prove the capacity under 2 b)
1. by authenticated copy, not older than 90 calendar days, of trade authorisation,26) establishment deed, foundation deed, or any other document on establishment or foundation, or
2. by extract, not older than 90 calendar days, from the companies register or any other records specified by law,
b) capacity under paragraph 2 e) shall be proved by extract from the Penal Register under a special legal regulation27) with persons performing the office of statutory body of an applicant or his/her member, not older than 180 calendar days
(6) The applicant, with whom under § 9 the support-granting contract is to be concluded or in favour of whom the support-granting decision is to be issued, shall prove his/her capacity under paragraphs 2 and 5 only once within one public tender in research and development.
(7) The grantor may ask for fulfilment of other demands on the applicant’s capacity, which have connection with the character and conditions of the publicised program. The grantor must specify these demands on capacity and way of their proof in advance in the conditions of the public tender in research and development
(8) The applicant shall be bound to inform the grantor in written on any changes, which occurred in the period from submission of his/her draft project until the support-granting contract conclusion or support-granting decision issue and affect his/her legal position or data requested for the capacity proof and which could affect the grantor’s decision taking, within 7 calendar days since the day he/she learn such facts.
(9) In the public tender in research and development also a legal entity may participate having its seat in the member state of European Union or other state forming the European economic area or citizen of such state, if
a) he/she satisfies the capacity conditions under paragraph 2, proving such capacity under paragraph 2 b) to f) by affidavit,
b) he/she doesn’t apply for the support from public funds of the Czech Republic,
c) he/she satisfies the requirements specified in international treaty, by which the Czech Republic and member states of the European Union or other states forming the European economic area are bound.28)
(10) Not satisfaction of requirements for capacity, obligation to prove their capacity or obligations under paragraph 8 shall be the reason for excluding the draft project from the public tender in research and development, for which the grantor is responsible. At publication of a public tender in research and development the grantor may authorise the exception for an applicant, who doesn’t have the capacity under paragraph 2 c) and d) and at the same time proves that he/she has been included in the public support program approved by the Government of the Czech Republic in compliance with a special legal regulation.5)
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5) Act No. 59/2000 Coll. on public support.
23) E.g. the Entrepreneurial Act, Act No. 246/1992 Coll. on protection of animals against cruelty, as subsequently amended, and Decree No. 311/1997 Coll. on breeding and use of experimental animals.
24) Act No. 328/1991 Coll. on bankruptcy and settlement, as subsequently amended.
25) The Penal Act.
26) E.g. Act No. 246/1992 Coll. as subsequently amended, and Decree No. 311/1997 Coll.
27) Act No. 269/1994 Coll. on the Penal Register.
28) Communication No. 96/2000 Coll. of international treaties on conclusion of Decision No. 1/99 of Accession Council between the European Communities and their member states on one side and the Czech Republic on the other side as of 30 July 1999 on acceptance of conditions for the participation of the Czech Republic in the programs of the Community in the field of research, technological development and demonstrations (1998 - 2002), and in programmes for research and education (1998 - 2002).
§ 19
Tender documentation
(1) For publication of a public tender in research and development the grantor shall work out a tender documentation as a set of documents and information necessary for processing and submission of draft project. The grantor shall be responsible for the completeness of the tender documentation. The tender documentation requirements shall be laid down in an implementing legal regulation.
(2) At publication of the two-stage public tender in research and development the grantor shall be bound to work out the tender documentation both for the first and second stages of the public tender in research and development.
(3) The tender documentation must be given to anybody who asks for it, on place and in time announced at publication of the public tender in research and development.
§ 20
Term of tender and term of evaluation
(1) The term of tender shall be such a period, in which the draft projects may be submitted. It shall start running from the day following after the day of publication of a public tender in research and development in the Commercial Bulletin and end by day of termination of the draft project submission. The term of tender duration for one-stage public tender in research and development or for the first stage of a two-stage public tender in research and development shall be at least 36 calendar days.
(2) The term of evaluation shall be such a period, in which the grantor provides for the evaluation of the draft projects, makes a decision and announces results of the public tender in research and development. It shall start from the day following the end of term of tender and end by the day of announcement of results of the public tender in research and development. The period of term of evaluation shall be 240 calendar days at the most and shall end 30 calendar days prior the publicised planned term of conclusion of the support-granting contract or issue of the support-granting decision at the latest.
§ 21
Acceptance and evaluation of the draft projects
(1) The grantor shall appoint a commission for acceptance of draft projects. The membership of the commission for acceptance of draft projects, form of its work and other requirements shall be provided for in an implementing legal regulation.
(2) The commission for acceptance of draft projects shall evaluate the fulfilment of conditions of the public tender in research and development under § 17 (2) b), d) and f) and conditions of the public tender in research and development for acceptance of draft projects under § 17 (5) and work out a protocol containing especially the list of recommended draft projects, data on delivery within the term of tender, on the completeness of draft projects and on draft projects not meeting these conditions, with explaining reasons for their exclusion. The protocol must contain also data on draft projects delivered after the expiration of the term of tender, including time of their delivery.
(3) The draft project delivered contrary to the conditions laid down in paragraph 2 must not be accepted to the public tender in research and development and be evaluated under paragraphs 4 to 9. The grantor shall take the decision about the acceptance of draft project into the public tender in research and development.
(4) The grantor shall establish an expert advisory body for evaluation of draft projects accepted for the public tender in research and development. The expert advisory body membership, form of its work, conditions for unbiased opinion of its members, way of treating the data contained in the draft projects and other requirements shall be provided for in an implementing legal regulation.
(5) To each draft project the grantor shall be obliged to provide at least opinions of two opponents as a ground for evaluation of the draft project by the expert advisory body. The conditions of the opponents’ unbiased opinion to the draft project and applicant and way of treatment of data contained in the draft projects shall be laid down in an implementing legal regulation.
(6) The expert advisory body shall guarantee an objective and unbiased evaluation of draft projects according to publicised rules and criteria of the public tender in research and development on the basis of the opponents’ opinions. The expert advisory body shall work out a protocol on the result of evaluation of each draft project..
(7) The protocols on evaluation of draft projects and final proposal of resulting order of all draft projects in the public tender in research and development shall be delivered by the expert advisory body to the grantor, who shall be bound to decide on the preferred draft projects and publicise the result of public tender in research and development within the publicised term of evaluation.
The grantor may decide in contradiction with the recommendation of the expert advisory body, if explaining his/her decision in written in the protocol and publicise this decision. The grantor shall inform the applicants upon his/her written request on the result of evaluation of his/her draft project in the public tender in research and development, including reasoning and provision of opponent opinions to the project without giving the personal data of the opponents.
(8) The draft project must not be changed in the course of the public tender in research and development, with the exception of completion of the draft project into the second stage of the two-stage public tender in research and development. The change shall not mean if the grantor doesn’t admit part of the total project costs proposed by the applicant and doesn’t include them among the allowable project costs or reduces by virtue of this Act the authorised total amount of support from public funds. The reduction in the proposed total project costs or amount of support from public funds must be mentioned in the protocol according to the paragraphs 6 and 7.
(9) The evaluation of the draft grant projects shall be provided for by departmental commissions of the Grant Agency of the Czech Republic or departmental councils of the Grant Agency of the Academy of Sciences of the Czech Republic under paragraphs 1 to 8.
(10) The Administrative Procedure Code29) shall not apply to decision-making under paragraph 7.
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29) Act No. 71/1967 Coll. on administrative procedure (Administrative Procedure Code), as subsequently amended.
§ 22
Two-stage public tender in research and development
(1) The grantor may publicise the two-stage public tender in research and development under this Act only if it is necessary or useful to separate the evaluation of usefulness of the proposed solution and its comparison with the publicised goals and conditions of the program (first stage) and evaluation of the professional level and feasibility of the draft project (second stage), or in case if it is necessary to make clear, step by step, the way of fulfilment of the publicised goals and conditions of the program.
(2) The grantor shall be bound to mention the fact that a two-stage public tender in research and development is publicised already at preparation and approval of the relevant program of research and development and at publication of the public tender in research and development, together with conditions of that tender laid down in § 17 (2).
(3) At publication of the two-stage public tender in research and development the grantor shall specify in addition to conditions laid down in § 17 (2) also
a) term of tender, way of evaluation of draft projects and way of announcement of results of the first stage of public tender in research and development to the applicants, as well as place and time of collection of tender documentation for the second stage of public tender in research and development, if appropriate,
b) terms and ways of evaluation of draft projects in the second stage of public tender in research and development.
(4) For acceptance and evaluation of draft projects in the first stage of public tender in research and development the provision of § 21 shall apply, similarly, and the protocols on evaluation of draft projects and final proposal of order of all draft projects evaluated on the first stage of the public tender in research and development shall be delivered by the expert advisory body to the grantor, who decides about the draft project acceptance and its transfer into the second stage of that tender.
(5) Into the second stage of the public tender in research and development only such draft projects may be transferred, which are evaluated and approved on the first stage of the public tender in research and development under the publicised conditions and rules laid down by this Act and fulfilling the conditions of the second stage of the public tender in research and development. For acceptance and evaluation of draft projects on the second stage of the public tender in research and development, including decision-making of the grantor on selection of draft projects and publication of results of the public tender in research and development, the provision of § 21 (1) to (4), (6) to (10) shall apply similarly.
(6) The grantor shall be authorised to request the completion of the draft project for the second stage of the public tender in research and development by a selected applicant on the basis of specification of the publicised conditions and supplement of other necessary conditions, particularly the amount of allowable cost of project solution, time deadlines and utilisation of results. In the draft project between the first and second stage of the public tender in research and development the project objectives must not be changed.
(7) The advancement of the grantor on the second stage of public tender in research and development, particularly the way of documentation completion, appeals to applicants and processing of the draft project for the second stage of the public tender in research and development, including the possibility of recalling the second stage of public tender in research and development, shall be provided for in an implementing legal regulation.
(8) The Administrative Procedure Code29) shall not apply to the decision-making under paragraphs 4 and 5.
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29) Act No. 71/1967 Coll. on administrative procedure (Administrative Procedure Code), as subsequently amended.
§ 23
Organisational arrangement of the public tender in research and development
(1) The grantor shall be responsible for arrangement of a public tender in research and development as provided for in this Act. The grantor may in the public tendering procedure2) chose a legal entity, with whom he/she concludes the agreement on assistance in the organisational arrangement of a public tender in research and development.
(2) The legal entity, with whom the grantor concluded the agreement under paragraph 1, shall be excluded from participation in that tender, it must not participate in preparation of the draft project and must not have provable personal interest in the result of the evaluation of draft project.
(3) The requirements concerning the capacity of the legal entity, with whom the grantor concluded the agreement under paragraph 1, shall be laid down in an implementing legal regulation.
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2) Act No. 199/1994 Coll. on awarding of public contracts, as subsequently amended.
§ 24
Cancellation of a public tender in research and development
(1) The grantor may cancel the public tender in research and development
a) if no draft project was submitted,
b) if there occurred a material change in circumstances under which the public tender in research and development was publicised and which couldn’t be foreseen by the grantor, neither caused by the grantor, or if the reasons ceased for fulfilment of the subject of the public tender in research and development, or
c) with the two-stage public tender in research and development also in case that no draft project got on to the second stage of the public tender in research and development.
(2) The material change in the circumstances laid down in paragraph 1 b) shall mean such reduction in the amount of targeted expenditures on research and development in the budget chapter of the grantor, which doesn’t allow to fund newly initiated projects, because the preference is given to the support of the projects being already solved.
(3) The grantor shall immediately publicise the decision on cancellation of the public tender in research and development in the same way and on the same place where the publication of that tender took place.
(4) The applicant may withdraw from the public tender in research and development at any time. The applicant shall be bound to communicate this fact to the grantor within 7 calendar days.
§ 25
Term for support-granting contract conclusion or decision issue
(1) Term for support-granting contract conclusion or support-granting decision issue under § 9 shall be set to 60 calendar days at the most
a) since the day of coming into effect of the act on the state budget of the Czech Republic for the particular year, in which the solution and support granting for the project is to begin under a special legal regulation8), if the result of the public tender in research and development was announced prior to its adoption, or
b) since publication of the results of the public tender in research and development, if the result of that tender was publicised after the day of coming into effect of the act on the state budget of the Czech Republic for the particular year, in which the solution and support granting for the project is to begin under a special legal regulation.8)
(2) The non-observance of the term for support-granting contract conclusion or conditions for support-granting decision issue under § 9 caused by reasons on the part of the receiver shall authorise the grantor to conclude the support-granting contract with another applicant in the order following from the results of the public tender in research and development or issue the support-granting decision in favour of this applicant.
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8) Act No. 218/2000 Coll. as subsequently amended.
Act No. 250/2000 Coll. on budget rules of territorial budgets.
§ 26
Keeping of documents
(1) Documents on the public tender in research and development, including all accepted draft projects, shall be kept by the grantor for at least 5 years since the publication of results of the public tender in research and development.
(2) The grantor shall be obliged to keep the documents on each project with targeted funding for at least 5 years since termination of the support-granting contract or enforceability of the support-granting decision under § 9.
(3) If the contract on utilisation of results was concluded, the 5 years’ term for keeping the documents on the project shall start running from the day of termination of that contract.
TITLE VI
EVALUATION OF RESEARCH INTENTIONS
§ 27
Submission of draft research intentions
(1) The grantor shall be bound at least 90 calendar days prior to the term for submission of the draft research intention laid down in paragraph 3 to specify and publicise all requirements for submission of the draft research intention, particularly the contents and classification of the draft research intention, place and time of collection of draft research intentions, the way of delivery and how the draft research intention should be submitted. The grantor may specify the way of submission of a draft research intention according to a special legal regulation20) as an exclusive one only in case of not limiting any applicant. Requirements necessary for submission of a draft research intention shall be laid down in an implementing legal regulation.
(2) For the purposes of evaluation of the draft research intentions and fulfilment of other grantor’s duties, the grantor shall be authorised to collect necessary data on draft research intentions and applicants, including personal data. Both the written and electronic forms of data collection shall be permitted. These data shall not be publicly accessible information under a special legal regulation.12) At collection, publication or any other processing of these data the grantor shall be bound to proceed in compliance with special legal regulations.21) The scope of data on the draft projects and data on applicants intended for publication must be defined by the grantor in the tender documentation in compliance with this Act and special legal regulations.22) From the personal data the grantor may publicise only name, surname, academic and scientific degrees, if any, of the solutionist or any other individuals participating in the proposed research intention.
(3) The draft research intention must be submitted by the applicant to the grantor by 60 calendar days since the beginning of a calendar year preceding the first year, for which the institutional support granting is applied for.
(4) The draft research intention shall be the application of an applicant for institutional support granting in the form of a subsidy under a special legal regulation.8)
(5) The applicant shall submit the draft research intention to the grantor under § 4 (3).
(6) The grantor shall be responsible for collection of the draft research intention and its registration. The way of collection and registration of a draft research intention shall be provided for in an implementing legal regulation.
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8) Act No. 218/2000 Coll. as subsequently amended.
Act No. 250/2000 Coll. on budgetary rules of territorial budgets.
12) Act No.106/1999 Coll. on free access to information, as subsequently amended.
20) Act No.227/2000 Coll. on electronic signature and on amendment to some other acts (Electronic signature act).
21) Act No. 148/1998 Coll. as subsequently amended.
Act No. 101/2000 Coll. on protection of personal data and on amendment to some acts, as subsequently amended.
Commercial Code.
22) Act No. 148/1998 Coll. as subsequently amended.
Act No. 101/2000 Coll. as subsequently amended.
Act No. 106/1999 Coll. as subsequently amended.
Act No. 121/2000 Coll.
Commercial Code.
§ 28
Proof of the applicant’s capacity
(1) The applicant shall prove his/her capacity to solve the given research intention. For the applicant’s capacity and its proof the provision of § 18 shall apply similarly, and among the requirements for the applicant’s capacity to solve the given research intention there further belongs the satisfaction of conditions provided for in paragraphs 2 and 3.
(2) The applicant for granting of institutional support to a research intention must fulfil conditions as follows:
a) the applicant is a legal entity with its seat in the Czech Republic or an organisational body and
b) the scope of his/her business activity covers research, and such activity is referred to in the establishment or foundation deed, partnership agreement, articles or in any other founder’s document of the applicant requested by law or is specified by a special act, if the applicant is established by its virtue.
(3) The applicant for institutional support granting, who is not a state contributory organisation, public university or organisational body, must satisfy following other conditions of capacity for the research intention solution:
a) other than research activity and conditions for its performance are referred to in the establishment or foundation deed, partnership agreement, articles or in any other founder's document of the applicant requested by law,
b) among the conditions for performance of other than research activity under point a) there must be referred to the obligation of an applicant to perform this activity only for the purpose of more effective utilisation of property and in such way not to endanger the research activity, and the obligation to compensate the loss, if any, caused by other than research activity till the end of given accounting period or take measures to end this activity before start of another accounting period,
c) other than research activity is accounted for separately,
d) the entire profit of the applicant is after taxation and mandatory allotment into the general reserve used only for the research support,
e) the applicant keeps the double-entry bookkeeping and records separately the allowable cost for research intentions,
f) the applicant carries out and publicise the annual report under a special legal regulation,9)
g) the applicant doesn’t provide for and won’t provide for obligations of other persons,
h) the applicant has a Supervisory Board30) or similar control body.
(4) The capacity qualifications of the applicant referred to in paragraph 2 shall be proved by the applicant, if not established by law or if the grantor is not at the same time the founder of the applicant, by an authenticated copy not older than 90 calendar days of the establishment deed, foundation deed or any other document on establishment or foundation. The applicant shall prove the capacity qualifications referred to in paragraph 3 a) to c) and g), if these qualifications are not stipulated by a special act, by an authenticated copy, not older than 90 calendar days, of a document referring to the founding of the applicant as a legal entity. Other qualifications laid down in paragraph 3 shall be proved by an affidavit.
(5) The applicant shall be bound to inform the grantor in written about any changes, which occurred in the period from submission of the draft research intention until the issue of the support-granting decision, which affect his/her legal position or data requested for the capacity proof and which could affect the grantor’s decision taking, within 7 calendar days since the day he/she learnt such facts.
(6) In case of not satisfaction of the capacity requirements, obligation to prove the capacity or obligation under paragraph 5 the grantor shall exclude the draft research intention from the evaluation.
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9) Act No. 563/1991 Cool. on accounting, as subsequently amended.
30) E.g. Commercial Code, Act No. 248/1995 Coll. on public utility companies and on amendment and supplement to some acts.
§ 29
Evaluation of research intentions
(1) For evaluating of proposals or results of research intentions the grantor shall be bound to appoint an evaluation commission or commissions, which shall be the expert advisory bodies of the grantor. For evaluation of research intentions the provisions of § 21 (5) to (8) shall apply adequately.
(2) The membership of the evaluation commission, way of its work, conditions of the unbiased opinion of its members, way of treatment of data contained in the draft research intentions and other requirements shall be provided for in an implementing legal regulation.
(3) The conditions of the opponents’ unbiased opinion to the draft research intention and way of treatment of data contained in the draft research intentions shall be laid down in an implementing legal regulation.
(4) For evaluation of research intentions of applicants solving within the departments the same problems, who are asking various grantors for their support, the Ministry shall establish as its advisory body the interdepartmental evaluating commission or commissions, each of these grantors suggesting the same number of members of the evaluating commission and the Ministry shall suggest its chairman. The grantor may ask the Ministry for establishment of the interdepartmental commission or the Ministry may establish it without request. For evaluation of similar research intentions by the interdepartmental evaluating commission the provisions of § 21 (5) to (8) shall apply adequately.
(5) The way of establishment of the interdepartmental evaluating commission for evaluating similar research intentions supported by various grantors under paragraph 4, method of its work and other requirements shall be provided for in an implementing legal regulation.
(6) After decision on the result of evaluation the grantor shall issue the support granting decision under § 9.
(7) The grantor shall be bound to keep the documents on evaluation and course of solution of research intentions in compliance with provisions of § 26.
(8) The Administrative Procedure Code29) shall not apply to the decision taking under paragraph 6.29)
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29) Act No. 71/1967 Coll. on administrative procedure (Administrative Procedure Code), as subsequently amended.
TITLE VII
PROVISION OF INFORMATION ON RESEARCH AND DEVELOPMENT
§ 30
Research and Development Information System
(1) The Research and Development Information System is an information system of state administration31) providing for collection, processing, provision and utilisation of data on research and development supported from public funds. It has four mutually bound parts, the central register of R&D projects, central register of research intentions, register of information on R&D results and register of public R&D tenders. Data of these four parts of the R&D Information System are shared and used for goals laid down in paragraph 2.
(2) The purpose of the R&D Information System shall be to provide information on research and development supported from public funds to professional and other public, including international public, and to the grantors with the aim
a) to inform the public and applicants on publicised public tenders in research and development and their results,
b) to inform public on projects and research intentions supported from public funds and their results,
c) to inform other subjects laid down in special legal regulations32) or international treaties,
d) to monitor the targeted or institutional supports,
e) to prepare the state budget estimate and provide for other activities laid down in a special legal regulation32) of grantors or R&D authorities under this Act,
f) to evaluate the results and provide information to the Government and public.
(3) The selection of technical and program means and other products for operation of the R&D Information System31), its codes and data elements31), way of control of the data completeness and links between them and conceptual target of the R&D Information System31) shall be proposed after discussions with competent administrators of the state budget chapters by the operator and administrator of data elements and codes of the R&D Information System according to a special legal regulation31) (hereinafter referred to as the “Operator”) and approved by the administrator of the R&D Information System, who fulfils tasks laid down in a special legal regulation.31)
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31) Act No. 365/2000 Coll. on information systems of public administration and on amendment to some other acts.
32) E.g. Act No. 123/1998 Coll. on right to information about environment as amended by Act No.132/2000 Coll.
§ 31
Rights and duties at delivery and provision of data of the R&D Information System
(1) The condition of the support granting in given calendar year shall be the delivery of valid data on projects and research intentions by the grantor and their inclusion in the R&D Information System by the operator under conditions specified by the administrator in compliance with provision of § 30 (3). The grantor at delivery of personal data and operator at their inclusion shall be bound to observe conditions laid down in special legal regulations.22)
(2) Always before the publication of a public tender in research and development the grantor shall deliver to the operator data on this tender for the register of public R&D tenders. Within 50 calendar days since the termination of a public tender in research and development the grantor shall deliver to the operator data on evaluation of such tender. The procedure of delivery of data on publicised public tenders in research and development and their evaluation by the grantor to the operator shall be provided for in an implementing legal regulation.
(3) The receiver shall be bound to deliver the data on projects and research intentions and their results to the grantor in the form and terms specified by the grantor in compliance with paragraphs 4 to 6. The procedure of delivery of data on projects and research intentions and their results by the receiver to the grantor shall be laid down in an implementing legal regulation.
(4) The grantor shall deliver the applicable data on projects and research intentions supported from his/her budget chapter to the operator by 50 calendar days
a) since the beginning of the calendar year with projects or research intentions started in past years and being solved in given year, or
b) since the day of coming into effect of the support-granting contract or enforceability of the support-granting decision with newly started projects or research intentions.
(5) If there occur any change of data delivered under paragraph 4 during the calendar year, the grantor shall deliver new valid data on projects and research intentions being solved to the operator by 30 calendar days at the latest since the day the change occurred or was communicated to the grantor.
(6) The grantor shall deliver to the operator valid data on the results of projects and research intentions supported from his/her budget chapter, including data on their publication, protection under special legal regulations or realisation (hereinafter referred to as “Application”) by 250 calendar days after termination of the support granting from public funds at the latest. In case that the results weren’t applied within that term, the grantor shall present data on the expected application of the results and after their application or unrealised application the grantor shall deliver the valid data to the operator without unnecessary delay.
(7) The procedure of delivery of valid data on the projects and research intentions and their results under paragraphs 4 to 6 by the grantor to the operator shall be provided for in an implementing legal regulation.
(8) The operator shall include into the information system data presented by the grantor, which satisfy requirements referred to in special legal regulations22) and this Act, and shall communicate this fact to the grantor in the period from the delivery of data until
a) 5 calendar days with data on public R&D tenders,
b) 10 calendar days with data on projects and research intentions,
c) 60 calendar days with data on the results of projects and research intentions.
(9) Data shall be considered as included only in case when the operator confirms their inclusion into the R&D Information System on the basis of control of data completeness and links between them. The procedure of inclusion of data delivered by the grantor to the R&D Information System under paragraph 8 shall be provided for in an implementing legal regulation.
(10) The operator shall be bound to carry out by 30 calendar days at the latest since the beginning of a calendar year following after the inclusion of data into the R&D Information System the control of compliance between data of various grantors, including control of their compliance with data included in previous years. In case of any discovered discrepancy, which makes impossible the fulfilment of tasks of the information system referred to in § 30 (2), or if there occur by change of special legal regulation any change in codes or data elements of the R&D Information System under § 30 (3), the operator shall be authorised to require from the grantor the correction of delivered data in compliance with provisions of § 12 and § 31 (5).
(11) The operator shall provide from the R&D Information System
a) to the public all valid data of the R&D Information System, which are not protected under special legal regulations,22) in clearly arranged form by remote access through a reference interface under a special legal regulation31) or through public information network,
b) exclusively to the grantor upon written request all valid data of the R&D Information System, which he/she gave into it or which concern organisational bodies, legal entities or individuals within his/her competence,
c) to the receiver upon written request all valid data of the R&D Information System on his/her projects and research intentions and results attained by him/her,
d) to the Ministry and administrator all valid data of the R&D Information System,
e) to other entities referred to in special legal regulations32) or international covenants of the Czech Republic data laid down in these regulations or covenants.
(12) The way and terms of providing information from the R&D Information System shall be laid down in an implementing legal regulation.
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22) Act No. 148/1998 Coll. as subsequently amended.
Act No. 101/2000 Coll. as subsequently amended.
Act No. 106/1999 Coll. as subsequently amended.
Act No. 121/2000 Coll.
Commercial Code.
31) Act No. 365/2000 Coll. on information systems of public administration and on amendments to some other acts.
32) E.g. Act No. 123/1998 Coll. on right to information about environment, as amended by Act No. 132/2000 Coll.
§ 32
The contents of the R&D Information System
(1) The central register of R&D projects shall contain particularly information specifying the project, name and scope of the project solution, its receiver, solutionist, co-receiver and person responsible to the co-receiver for the project solution (hereinafter referred to as the “Co-solutionist”), term of project solution and term of effectiveness of the support-granting contract or enforceability of the support-granting decision, allowable project cost and their classification, amount of support from public funds, projects solving similar problems, level of data confidentiality and after the end of the project solution its evaluation by the grantor. Data of the central register of R&D projects shall be provided for in an implementing legal regulation.
(2) The central register of research intentions shall contain similar information as the central register of R&D projects, with the exception of data on co-receiver and co-solutionists. Data of the central register of research intentions shall be provided for in an implementing legal regulation.
(3) The register of information on results shall contain particularly information specifying the result and project or research intention, by solution of which the result arose, the receiver, authors of the result, type of result, name of result and its annotation, year of result application and level of data confidentiality. Data of the register of results shall be provided for in an implementing legal regulation.
(4) Data of the register of public R&D tenders shall contain particularly the contents of conditions of a public tender in research and development under § 17 and data on its evaluation under § 31. Data of the register of public R&D tenders shall be provided for in an implementing legal regulation.
(5) Of the personal data the R&D Information System may contain only the name, surname, birth certificate number and academic and scientific degrees, if any, of the solutionist or other individuals participating in the project or research intention or authors of its results, if the solutionist or other individual is not the citizen of the Czech Republic than his/her name, surname, nationality and identification code according to the standard of information systems of the state administration, academic and scientific degrees, if any, of the solutionist and other workers participating in the project or research intention or authors of its results.
TITLE VIII
RESEARCH AND DEVELOPMENT AUTHORITIES
§ 33
Central administration authority responsible for research and development
(1) The central administration authority responsible for the research and development shall be the Ministry.
(2) The Ministry shall provide particularly for
a) preparation of the National R&D Policy of the Czech Republic in compliance with international treaties and control of its realisation by form of opinion to the compliance of the R&D programs submitted by the grantors with the National R&D Policy of the Czech Republic prior to adoption of these programmes by the Government,
b) preparation of priorities by form of the National Research Program,
c) realisation of the research priorities in areas not falling into the competence of the grantors, by form of ensuring parts of the National Research Program,
d) preparation of legal regulations in research and development and evaluation of consequences of other legal regulations for research and development,
e) international co-operation of the Czech Republic in the research and development, including negotiation with bodies and institutions of the European Communities and individual states of the European Communities having competence for research and development, with the exception of international co-operation in defensive research and development, for which the Ministry of Defence shall be responsible.
(3) In cases, when the representation of the Czech Republic in relevant international bodies and organisations is provided for by the Ministry, the Ministry shall deliver the report on the course and results of the co-operation after discussion with the Research and Development Council to the Government and after consideration within the Government, the Ministry shall publicise this report.
§ 34
Central and other administrative authorities responsible for
research and development in the area of their competencies
(1) Central and other administrative authorities, including the Ministry, which are authorised to grant support from the state budget for research and development, shall be responsible within their competencies particularly for
a) preparation of research and development concepts and their realisation,
b) preparation and implementation of programs within the grantor’s competence and other research and development activities, not included into the National Research Program,
c) realisation of the research priorities by ensuring parts of the National Research Program,
d) public tenders in research and development publicised under this Act and awarding of public contracts under a special legal regulation2) for granting of targeted support from their budget chapters,
e) control of use of the targeted or institutional support granted from their budget chapters,
f) international co-operation of the Czech Republic in research and development, if they provide for the representation of the Czech Republic in relevant foreign and international bodies and organisations.
(2) The central administrative authorities or institutions, which provide for the representation of the Czech Republic in international bodies and organisations and from the R&D expenditures of which the targeted or institutional support to the international co-operation in research and development is granted, shall submit by the end of May of each calendar year to the Ministry a report on the course and results of co-operation in the past year.
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2) Act No. 199/1994 Coll. on awarding of public contracts, as subsequently amended.
§ 35
Research and Development Council
(1) The Research and Development Council is an expert and advisory body of the Government for the area of research and development.
(2) The Research and Development Council shall fulfil tasks under this Act and provide particularly for:
a) processing of long-term basic trends and proportions of the development of R&D of the Czech Republic through its advisory bodies being the professional commissions for respective trends of research and development,
b) processing of regular annual analyses and assessment of the research and development situation in the Czech Republic and their comparison with abroad and their submission to the Government,
c) the role of administrator and operator under § 30 and shall approve the rules of operation of the R&D Information System,
d) processing of opinions to materials submitted to the Government for the area of research and development,
e) discussions with the advisory bodies for research and development of the European Communities and with research and development councils of individual member states of the European Communities and other countries,
f) fulfilment of other tasks and duties set out by this Act, special legal regulation or imposed by the Government,
g) processing of the medium-term draft outlook33) of the research and development support,
h) estimate of the total cost on research and development of individual budget chapters and proposal of their allocation under § 5 (5).
(3) Research and Development Council shall have 15 members including the Chairman. The members of the Research and Development Council, with the exception of its Chairman, shall be appointed by the Government on a proposal from the Chairman of the Research and Development Council
a) from the representatives of grantors,
b) from the representatives of institutions engaged in research and development, particularly the Academy of Sciences of the Czech Republic, Grant Agency of the Czech Republic, public universities, departmental research institutes engaged in development,
c) from representatives of professional public proposed by individuals engaged in research and development.
(4) The members of the Research and Development Council, with the exception of its Chairman, shall be removed by the Government on a proposal from the Chairman of the Research and Development Council. Any member of the Research and Development Council may ask the Chairman of the Research and Development Council in written for submission of a proposal of his/her removal from this office to the Government. Until the Government decides on the proposal for his/her removal, he/she shall remain the member of the Research and Development Council.
(5) The bodies of the Research and Development Council shall be the Chairman and Presidium. The Chairman of the Research and Development Council shall be the member of the Government. The chairman of the Research and Development Council shall be appointed and removed on a proposal from the Prime Minister. The Presidium of the Research and Development Council shall consist of the Chairman of the Research and Development Council and three vice-chairmen elected from the members of the Research and Development Council. The Presidium shall control the activity of the Research and Development Council between its sessions and co-ordinate activity of the expert commissions as advisory bodies of the Research and Development Council preparing proposals of long-term basic trends and proportions of development of R&D of the Czech Republic.
(6) The membership in the Research and Development Council shall be a public office, which doesn’t constitute any industrial relation to the Czech Republic. Remuneration to the members of the Research and Development Council shall be specified by the Government. The R&D Council members shall be eligible for reimbursement of cost connected with the execution of the office of a member of the R&D Council. The term of office of the R&D Council members shall be four years. The member of the Research and Development Council may be appointed for two successive terms of office at the most.
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33) Act No. 219/2000 Coll. on the property of the Czech Republic and its presentation in legal relations, as subsequently amended.
§ 36
Grant Agency of the Czech Republic
(1) The Grant Agency of the Czech Republic is an organisational body of the state and administrator of a budget chapter. The Grant Agency of the Czech Republic is an independent accounting entity and manages independently the targeted and institutional means allocated by the act on the state budget of the Czech Republic. The seat of the Grant Agency of the Czech Republic is Prague.
(2) The Grant Agency of the Czech Republic shall provide for
a) preparation and publication of a public tender in research and development for the support of grant projects,
b) evaluation and selection of draft grant projects,
c) granting of targeted support of grant projects on the basis of the support- granting contracts or support-granting decisions,
d) control of fulfilment of the support-granting contracts or support-granting decisions and drawing of targeted support,
e) evaluation and control of the course of solution and fulfilment of grant project targets and control of their results,
f) processing of estimate expenditures of the Grant Agency of the Czech Republic and reports on its activity.
(3) The bodies of the Grant Agency of the Czech Republic are the Chairman, Presidium and Control Board. The office of the Chairman and members of the Presidium of the Grant Agency of the Czech Republic shall be a public office, which doesn’t constitute any industrial relation to the Czech Republic. The Chairman of the Grant Agency of the Czech Republic shall be entitled to the reimbursement of cost connected with execution of his office. The remuneration for execution of their offices may be awarded to the Chairman of the Grant Agency of the Czech Republic and members of the Presidium of the Grant Agency of the Czech Republic. The amount of remuneration shall be defined on the basis of the report on activity of this body by the Government.
(4) The Chairman of the Grant Agency of the Czech Republic shall represent the Grant Agency of the Czech Republic on the outside and act on its behalf in all matters. The Chairman of the Grant Agency of the Czech Republic shall be appointed from the members of the Presidium of the Grant Agency of the Czech Republic and removed on a proposal from the Research and Development Council by the Government.
(5) The Presidium of the Grant Agency of the Czech Republic is an executive body of the Grant Agency of the Czech Republic that approves the publication of public tenders in research and development, makes decisions on conclusion of support-granting contracts or issues the support-granting decisions, submits for the approval of the Government the draft statute of the Grant Agency of the Czech Republic and its amendments and submits the budget estimate of the Grant Agency of the Czech Republic. The Presidium of the Grant Agency of the Czech Republic has five members. The term of office of the members of the Presidium of the Grant Agency of the Czech Republic is four years, with the possibility of appointment for two successive terms at the most. The members of the Presidium of the Grant Agency of the Czech Republic shall be appointed and removed by the Government on a proposal from the Research and Development Council. The Presidium of the Grant Agency of the Czech Republic shall co-ordinate the actions of departmental commissions as advisory bodies of the Grant Agency of the Czech Republic, which expertise and evaluate the draft projects of applied research with the support-granting applications.
(6) The Control Board of the Grant Agency of the Czech Republic is a control body of the Grant Agency of the Czech Republic that controls allocation of financial means of the Grant Agency of the Czech Republic, supervises activity of the Grant Agency of the Czech Republic and submits opinions to the Presidium of the Grant Agency of the Czech Republic. The opinions, which are issued within the competence of the Control Board of the Grant Agency of the Czech Republic are binding for the Presidium of the Grant Agency of the Czech Republic. The Control Board of the Grant Agency of the Czech Republic has ten members, who are appointed by the House of Deputies from the professionals on a proposal from legal entities engaged in research and development. The term of office of the members of the Control Board of the Grant Agency of the Czech Republic shall be four years with a possibility of appointment for two successive terms at the most. The Control Board of the Grant Agency of the Czech Republic shall submit to the House of Deputies the annual report on its activity. The House of Deputies may recall the Control Board of the Grant Agency of the Czech Republic, if the annual report is not approved repeatedly. The members of the Control Board of the Czech Republic may be granted remuneration for execution of their office. The amount of remuneration shall be assessed on the basis of the report on activity of the Control Board of the Grant Agency of the Czech Republic by the House of Deputies.
TITLE IX
TERRITORIAL SELF-GOVERNING UNITS
§ 37
The territorial self-governing units may support the research and development within their competence under conditions laid down in this Act.
TITLE X
TRANSITIONAL AND AUTHORISATION PROVISIONS
§ 38
Transitional provisions
(1) To the legal relations in the area of research and development regulated by this Act, which occurred before the day of coming into effect of this Act, the applicable legal regulations shall apply.
(2) For draft research intentions with proposed term of commencement from 1 January 2004 the grantor shall specify the requirements for submission of a research intention under § 27(1) by 30 calendar days since coming into effect of the Regulation of the Government on institutional support to research and development and evaluation of research intentions under § 39. The applicants shall submit to the grantors draft research intentions with proposed term of commencement from 1 January 2004 by 90 calendar days from specification of requirements by the grantor for submission of a research intention.
(3) Members of the Supervisory Board of the Grant Agency of the Czech Republic elected before the day of coming into effect of this Act, shall become members of the Control Board of the Czech Republic. Their term of office shall remain unaffected.
§ 39
Authorisation provisions
The Government shall implement § 3(4), § 4 (7), § 7 (4) and (5), § 8 (1) and (4), § 9 (7), § 19 (1), § 21 (1), (4) and (5), § 22 (7), § 23 (3), § 27 (1) and (6), § 29 (2), (3) and (5), § 31 (2), (3), (7), (9) and (12), § 32 (1) to (4) by regulations.
TITLE XI
JOINT AND REPEALING PROVISIONS
§ 40
Joint provisions
If the provisions of any international treaty, by which the Czech Republic is bound and which was adopted by the Parliament and publicised in the Collection of Laws or Collection of International Treaties stipulates otherwise than this Act, the provisions of the international treaty shall apply.
§ 41
Repealing provisions
1. Act No. 300/1992 Coll. on state support of scientific work and development of technologies; and
2. Act No.1/1995 Coll. amending and supplementing Act of the Czech National Council No. 300/1992 Coll. on state support of scientific work and development of technologies,
shall be repealed.
PART TWO
Amendment to Act No. 199/1994 Coll. on awarding of public contracts
§ 42
Point a), including footnote 2) in § 1 (2) of Act No. 199/1994 Coll. on awarding of public contracts, as amended by Act No. 148/1996 Coll., Act No. 93/1998 Coll., Act No. 28/2000 Coll., Act No. 256/2000 Coll. and Act No. 39/2001 Coll. shall be as follows:
"a) targeted support granting to research and development under a special legal regulation2), with the exception of cases, when the only user of R&D results is the Czech Republic or territorial self-governing unit,
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2) § 8 (3) of Act No. 130/2002 Coll., on research and development support from public funds and on amendment to some relating acts (R&D support act).".
PART THREE
Amendment to Act No. 59/2000 Coll. on public support
§ 43
Part Two of Annex to Act No. 59/2000 Coll. on public support shall be repealed.
PART FOUR
Amendment to Act No. 220/2000 Coll. on amendments to some acts in connection with adoption of the act on the property of the Czech Republic and its presentation in legal relations
§ 44
Part Ten of Act No. 220/2000 Coll. on amendments to some acts in connection with adoption of the act on the property of the Czech Republic and its presentation in legal relations as amended by Act No. 364/2000 Coll. shall be repealed.
PART FIVE
APPLICATION
§ 45
(1) This Act shall apply from 1 July 2002.
(2) Provisions of § 4(6) and § 18(9) b) and c) shall expire with effect from the date of entry into force of the agreement on accession of the Czech Republic to the European Union.
Klaus m.p.
Havel m.p.
Per procurationem Rychetský m.p.