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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.08.2009.–19.02.2010.
Amendments not included: 09.02.2010., 09.11.2010., 30.08.2011., 08.11.2011., 03.01.2013.
Republic of Latvia

Cabinet
Regulation No. 752
Adopted 7 July 2009

Regulations Regarding Activity 2.1.1.1 "Support to Science and Research" of the Supplement of Operational Programme "Entrepreneurship and Innovation"

Refinement - Law (L.V, 27 November 2009, No. 187)

Issued pursuant to Section 18, Clause ten of the
Law on Management of European Union
Structural Funds and the Cohesion Fund

I. General Provisions

1. These Regulations prescribe:

1.1. the procedures for implementation of the Activity 2.1.1.1 "Support to Science and Research" of the Measure 2.1.1 "Science, Research and Development" of the Priority 2.1"Science and Innovation" of the supplement of operational programme "Entrepreneurship and Innovation" (hereinafter - activity);

1.2. the evaluation criteria for a project application of the European Regional Development Fund (hereinafter - project);

1.3. requirements for project applicants; and

1.4. the responsible authority and co-operation authority, the division of competence between these authorities and the procedures for co-operation, as well as the functional subordination form for the responsible and co-operation authorities.

2. Financing within the scope of the activity shall be provided in accordance with Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (Official Journal of the European Communities, L214/3, 9 August 2008) (hereinafter - Commission Regulation No. 800/2008).

3. The following terms are used in these Regulations:

3.1. a project not connected with economic activity - a project which conforms with the following criteria:

3.1.1. the project is implemented by a scientific institution which, regardless of the legal status thereof (a body governed by public law or a body governed by private law) or the type of financing according to the documents regulating the activities thereof (articles of association, by-law or constitution) performs the following primary activities - scientific activities and distribution of the results of scientific activities in the form of knowledge and technology transfer. All profits which have been acquired upon implementation of these primary activities are reinvested into the primary activities. Enterprises which may influence the scientific institution as stockholders or participants thereof, do not have priority over the capacity of the research of the scientific institution or the results of research created thereby;

3.1.2. the activities to be implemented within the project conform with the primary activities of the scientific institution defined in Sub-paragraph 3.1.1 of these Regulations;

3.2. a project connected with economic activity - a project which is implemented by a scientific institution:

3.2.1. which does not conform with the definition specified in Sub-paragraph 3.1.1 of these Regulations; or,

3.2.2. which conforms with the definition of the scientific institution specified in Sub-paragraph 3.1.1 of these Regulations but the project is implemented under the task of an enterprise. Intellectual property rights arising from the activities performed within the scope of a project of the scientific institution is granted entirely to the enterprise;

3.3. experimental development - the acquisition, combination, modelling or use of scientific findings, technological, commercial or other relevant knowledge or skills in order to conceptually define, plan and document new products or technologies which are necessary for the development of new, modified or improved products or technologies. Activities performed within the scope of experimental development may include the development of documents (including projects, drafts or plans), products or technological line models (prototypes), if the referred to documents or product models are not meant for direct sale, but the technological line models - for direct industrial manufacture. Experimental manufacturing and testing of products or technological lines may be financed if it may not be used or modified in order to use it in industry or economic activity, except in cases where the model is an end commercial product and the production costs solely for demonstration and approval thereof are excessively high;

3.4. new technology - significant changes in the technological process which include notable changes in technical methods, technologies, equipment or software in order to improve the production process or production methods and the introduction thereof in order to ensure the production of new products;

3.5. a new (innovative) product - new goods or services, as well as goods and services which have significantly improved functional properties and anticipated way of use (including significantly changed technical parameters, components, materials, attached software or other functional properties). The product shall not be qualified as new if the innovation thereof includes slight changes or improvements, restoration, regular seasonal changes, adjustment of the product to the needs of one client and other insignificant changes;

3.6. large enterprise - an enterprise conforming to the definition specified in Article 2(8) of Commission Regulation No. 800/2008;

3.7. practical research - experimental and theoretical work which may include industrial research, experimental development and technical feasibility studies (hereinafter - research);

3.8. public funding intensity - total amount of the European Regional Development Fund financing and financing from the State budget in percentage from the total eligible costs of the project;

3.9. industrial research - systematic studies or significant research work in order to acquire knowledge and skills for the development of new products or technologies or improvement of existing products and technologies. Industrial research shall also include the creation of accessory parts for complex systems which are required for industrial research, especially for approval of general technologies excluding models;

3.10. a micro, small and medium-sized enterprise - an enterprise conforming to the definition specified in Annex 1 to Commission Regulation No. 800/2008;

3.11. technical feasibility studies - the development of feasibility study for industrial research or experimental development, including analysis of alternative costs and benefits of the project implementation, development of economic cost-benefit analysis and other activities associated with the research of the initial concept of the project;

3.12. State scientific institution - a State scientific institute, a State founded institution of higher education or the scientific institute of a State founded institution of higher education (including the structural unit of an institution of higher education, a centre, clinic or experimental station);

3.13. knowledge and technology transfer - the transference of certain knowledge, production skills and technologies from the creator to the user, adapting the referred to knowledge and technologies for the needs of the user in order to create new products or technologies; and

3.14. scientific institution - a scientific institute, an institution of higher education or the scientific institution of an institution of higher education.

4. The objective of the activity is to support practical research projects which would promote integration of the science and manufacturing and the implementation of the research results in accordance with the priority directions of science specified in the State:

4.1. agrobiotechnology (innovative, environment-friendly technologies of ration yield);

4.2. information sciences (secure software, integrated information and communication systems and networks, electronic technologies);

4.3. biomedicine and pharmacy (gene technologies and synthesis technologies of new biologically active substances);

4.4. power industry (environment-friendly renewable types of energy, safety and efficient use of energy supply);

4.5. material sciences (nanotechnologies for the acquisition of functional materials and new generation composite materials);

4.6. forest science (new products and technologies in forest science and wood technologies);

4.7. medical science (new products and technologies in medical science); and

4.8. environmental science (regional influence of climate changes on water ecosystems and adaptation, sustainable management and protection of the environment of the Baltic Sea and inland waters).

5. The objective of the activity shall be achieved by promoting the achievement of the following monitoring indicators:

5.1. outcome indicator - 200 research projects supported until 31 December 2013;

5.2. result indicators:

5.2.1. the number of internationally recognised publications per annum has increased - up to 800 publications in 2013; and

5.2.2. the number of international patent applications has increased - up to 43 patents in 2013.

6. One or more activities to be supported may be implemented within a project:

6.1. research;

6.2. provision of public access to the research results; and

6.3. registration of industrial property rights of the research results.

7. Within the scope of the activity the functions of the responsible authority shall be ensured by the Ministry of Education and Science (hereinafter - responsible authority). The responsible authority shall:

7.1. ensure the selection and evaluation of project applications:

7.1.1. develop, approve and insert on the Internet website thereof, the methodology for the completion of project application forms, the procedures for selection and evaluation of project applications, as well as the forms for evaluation of the project application;

7.1.2. develop and approve the methodology for the completion of project application evaluation form and the project application evaluation form;

7.2. establish a commission for the evaluation of project applications (hereinafter - commission);

7.3. develop and approve the by-law of the commission;

7.4. evaluate a project application and take a decision regarding approval, conditional approval or rejecting of the project application, as well as evaluate the fulfilment of the conditions included in the decision regarding conditional approval of the project application;

7.5. co-ordinate the project amendments referred to in Paragraphs 78 and 79 of these Regulations;

7.6. provide information to the public and ensure publicity in matters which are related to the implementation of the activity; and

7.7. ensure that the financing of the European Regional Development Fund available for the implementation of the activity, specified in Paragraph 10 of these Regulations, is not exceeded and supervise and control the acquisition of the available financing of the European Regional Development Fund, including implementation at the activity level of the principle referred to in Article 93(1) and (2) of Council Regulation No. 1083/2006/EC of 11 July 2006 laying down the general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation No. 1260/1999/EC.

8. The functions of the co-operation authority shall be ensured by the State Education Development Agency (hereinafter - co-operation authority). The co-operation authority shall:

8.1. within 10 working days after coming into force of these Regulations, develop draft agreement and draft contract regarding implementation of the project, determining the requirements for implementation of the project to the final beneficiary in accordance with these Regulations and the regulatory enactments specifying the management, implementation and monitoring of implementation of European Union Structural Funds and the Cohesion Fund, and submit them to the responsible authority for co-ordination;

8.2. enter into an agreement or contract with the final beneficiary regarding implementation of the project in accordance with the legal status thereof;

8.3. ensure supervision and control of the project implementation, including the performance of inspections at the project implementation site and supervision of implementation at the project level of the principle referred to in Article 93(1) and (2) of Council Regulation (EC) No. 1083/2006 of 11 July 2006, laying down the general provisions regarding the European Regional Development Fund, European Social Fund and Cohesion Fund and repealing Regulation (EC) No. 1260/1999;

8.4. provide the Ministry of Education and Science with the information regarding implementation of the project required for the planning of resources in the State budget;

8.5. review the procurement plan of the final beneficiary and submit it to the Procurement Monitoring Bureau;

8.6. prepare and submit information to the responsible authority regarding implementation of the activity and the acquisition of the financing available for the activity, upon request of the responsible authority providing information regarding individual project;

8.7. prepare a projection of payments and submit it to the paying authority;

8.8. prepare a forecast of requests for the resources of European Union funds for the current and subsequent year and submit it to the managing authority and the responsible authority;

8.9. examine and approve the requests of the final beneficiary for payments and prepare an expenditure declaration;

8.10. provide information to the final beneficiary regarding the agreement or contract entered into regarding the performance requirements for implementation of the project and implementation thereof;

8.11. approve amendments to the project;

8.12. store data regarding the project implementation in accordance with the regulatory enactments regarding the development and use of the information system of the European Union Structural Fund and Cohesion Fund management;

8.13. provide information to the public and ensure publicity in matters related to the agreement or contract entered into regarding implementation of the project within the scope of the activity;

8.14. supervise the conformity of a project not connected with economic activity with the criteria referred to in Sub-paragraph 3.1 of these Regulations during the period of the project implementation and for five years after the project implementation; and

8.15. if a non-conformity is established, ensure the recovery of the non-conforming expenditure in accordance with the regulatory enactments specifying the procedures for notification of non-conformities established in the implementation of European Union Structural Funds, take an administrative decision regarding the use of the financing granted and recover the non-conforming expenditure.

9. The co-operation authority shall be under the functional supervision of the responsible authority.

10. The total public financing available within the scope of the activity is 41 957 399 lats which is formed by financing of the European Regional Development Fund in the amount of 35 843 004 lats and national public financing in the amount of 6 114 395 lats, part whereof in the amount of not more than 2 108 412 lats may be ensured from State Budget resources provided for the co-financing of the European Union fund projects.

11. The total minimum sum of eligible costs specified in a project application shall be 70 280 lats and the total maximum sum of eligible costs shall be 491 962 lats.

12. The activity shall be implemented by way of selection at open calls for project applications. The first round for selection of project applications shall be announced for the whole financing available for the activity. The selection shall be organised in not more than three rounds. Each subsequent round of the selection of project applications shall be announced for the remaining financing within the scope of the activity.

II. Requirements for Project Applicants and Co-operation Partners

13. A project applicant may be a scientific institution registered in the Register of Scientific Institutions - a scientific institute, an institution of higher education or a scientific institute of an institution of higher education (hereinafter - project applicant).

14. A project applicant may submit and implement a project application individually or in partnership with enterprises or other scientific institutions registered in the Register of Scientific Institutions (hereinafter - co-operation partner) by entering into a co-operation agreement regarding implementation of the project (hereinafter - collaboration project). If a collaboration project is being implemented, the project application shall be submitted by the leading co-operation partner which is responsible for the project implementation, is deemed the project applicant and, if the project is approved, the final beneficiary.

15. The following requirements shall be specified for a project applicant and a co-operation partner:

15.1. it has not been declared insolvent by a court decision, and it is not in the process of restoration or in the process of legal protection, the economic activity thereof has not been terminated or, in accordance with the information available in the Commercial Register, it is not in the process of liquidation and no other similar situation provided by State regulatory enactments has arisen;

15.2. it has no tax debts, debts of compulsory State social insurance contributions or other compulsory payments specified by the State;

15.3. it has not provided false information to the co-operation authority and the responsible authority during the project implementation in relation to the implementation of projects co-financed by Structural Funds;

15.4. it has not received or is not planning to receive financing from the State, the European Union funds or other financial resources for the same eligible costs within the scope of other activities, except the cases referred to in Paragraph 23 of these Regulations;

15.5. it does not conform with the status of an enterprise in difficulties. An enterprise in difficulties shall be an enterprise whose fixed capital has decreased by more than half, of which more than one quarter has decreased within the last 12 months. This condition shall not be applied to an enterprise which has been registered for less than three years; and

15.6. in accordance with the regulatory enactments regulating scientific activities, it has submitted to the Ministry of Education and Science the public reports of the scientific institute regarding the previous three concluded accounting years.

III. Conditions for the Implementation of a Project not Connected with Economic Activity

16. National co-financing necessary for the implementation of a project not connected with economic activity shall be ensured in the amount of 15 per cent of the total eligible costs of the project from the following national resources:

16.1. the project applicant, which is a State scientific institution:

16.1.1. from the State budget funds referred to in Paragraph 10 of these Regulations provided for the implementation of projects of European Union Structural Funds in the amount of not more than 7.5 per cent of the total eligible costs of the project;

16.1.2. from other available State budget financing in accordance with the regulatory enactments specifying the procedures by which State budget funds are provided for the implementation of the primary activities of a scientific institution;

16.1.3. from other national public funds at the disposal of the State scientific institution or credit resource funds and investments in kind thereof, for which public support has not been received and the value of which may be independently audited and evaluated in accordance with the evaluation methodology developed by the responsible authority and the conditions of Paragraph 17 of these Regulations. The total investment in kind shall not exceed five per cent of the total eligible costs of a project;

16.2. a project applicant which is not a State scientific institution - from funds at the disposal of a scientific institution, including credit resource funds or investments in kind for which public support has not been received and the value of which may be independently audited and evaluated in accordance with the evaluation methodology developed by the responsible authority and the conditions of Paragraph 17 of these Regulations. The total investment in kind shall not exceed five per cent of the total eligible costs of a project.

17. Investments in kind may be formed as follows:

17.1. by fixed assets - technological equipment (installations, measuring equipment, regulating devices, laboratory and medical installations), the total value in use of which is calculated, taking into account the minimum value of each fixed asset used within the scope of the project (the average costs of use of one working day in the entire period of practical use of the fixed asset) and the time in which it is planned to use the fixed asset for the performance of the intended activities of the project. The total value in use of fixed assets shall be determined, using the following formula:

  , where

P - the total value in use of fixed assets, in lats;

Vi - the initial value of the fixed asset (acquisition costs or manufacturing cost price), in lats;

i - variant of the fixed asset (i = 1, 2, ..., n; n - the number of fixed assets);

ti - the period of time in which the use of the fixed asset is planned for the performance of the intended activities of the project, on working days;

tKi - the total time of practical use of the fixed asset, on working days;

17.2. the granted materials (physical, biological, chemical and other materials, test animals, reagents, chemical agents, laboratory vessels, medicinal products for research), the value of which is calculated in proportion to the amount of materials consumed within the scope of the project and the market price of the materials;

17.3. activities of professional nature related to research within the scope of the project:

17.3.1. which are performed by the scientific staff (elected and leading researchers, researchers and research assistants registered in the Register of the Ministry of Education and Science or in the Scientific Staff Database of the Latvian Academy of Sciences);

17.3.2. if they are not performed during a period of time when a person performs tasks not connected with the project in accordance with the contracts entered into, and no compensation is received for them within the scope of the project;

17.3.3. the value of which is determined, taking into account the time spent on the research and the rates of remuneration and wages specified in Sub-paragraph 28.5.2 of these Regulations; and

17.4. voluntary work, performed by Master's degree students, Masters, doctoral students or research attending staff without remuneration. The value of voluntary work shall be determined, taking into account the time spent on research within the scope of the project and the rates of remuneration and wages specified in Sub-paragraph 28.5.3 of these Regulations.

18. The amount of an advance payment for a project not connected with economic activity shall not exceed:

18.1. 20 per cent of the total amount of co-financing of the European Regional Development Fund and the amount of co-financing of the State budget provided for co-financing projects of the European Union fund (if such is anticipated in the project); or

18.2. 30 per cent of the total amount of co-financing of the European Regional Development Fund and the amount of co-financing of the State budget provided for co-financing projects of the European Union fund (if such is anticipated in the project), if the final beneficiary is a State scientific institute, which needs to purchase equipment for the commencement of research.

19. If the co-operation authority establishes during the project implementation or within five years after the end of the deadline for the project implementation that a project not connected with economic activity does not conform with the criteria referred to in Sub-paragraph 3.1 of these Regulations, the public financing granted without justification shall be deducted as a percentage from the total eligible costs of the project and repayable to the State budget.

IV. Conditions for the Implementation of a Project Connected with Economic Activity

20. If a project connected with economic activity is being implemented, the project applicant, irrespective of the legal status (a body governed by public law or a body governed by private law) or economic type (a profit gaining or non-profit scientific institution) thereof, shall be qualified as an enterprise in accordance with the definition specified in Article 2(8) and Annex 1 to Commission Regulation No. 800/2008.

21. If a project connected with economic activity is being implemented, the project applicant, which conforms to the definition of a large enterprise, shall justify the incentive effect of public support in accordance with one or several criteria of incentive effect:

21.1. expanding of the field of the project activities - new directions of research have been established or those hitherto implemented have been expanded, new services have been introduced, which are connected to research directions implemented hitherto, research processes have been significantly changed and the number of scientific workers involved in research has been increased;

21.2. increase in the project implementation rate - all activities planned in the project are implemented within a shorter time period; and

21.3. the total sum which will be invested in the project by the final beneficiary has significantly increased.

22. The national co-financing required for the implementation of a project connected with economic activity shall be ensured from the funds at the disposal of a project applicant or credit resource funds and other financial resources thereof, for which no public support has been received.

23. If a project connected with economic activity is implemented, the public financing granted within the scope of these Regulations may be cumulated to the aid which is provided in accordance with the aid programme or individual aid project, which conforms with the conditions of Commission Regulation No. 800/2008 or which has been approved by the European Commission, as well as with the de minimis support which is provided, observing the conditions of Article 2 of Commission Regulation (EC) No. 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, for the same eligible costs, if:

23.1. the cumulated aid intensities do not exceed the maximum permissible intensity of the public funding specified in these Regulations, irrespective of whether the financing is granted from local, regional, State or European Union financial resources; and

23.2. the project applicant, which has received financing in the form of risk capital investment, shall reduce the total public financing permissible within the scope of these Regulations for technical feasibility studies and registration of industrial property rights by 20 per cent, not exceeding the sum which has been received in the form of risk capital investments. The referred to condition shall be applied for three years from the date of granting the risk capital.

24. The procedures for the provision of the advance payment provided for the implementation of a project connected with economic activity and amount thereof:

24.1. the amount of advance payment shall not exceed 30 per cent of the total amount from the financing of the European Regional Development Fund;

24.2. in order to receive an advance payment, the final beneficiary shall submit a bank guarantee regarding the advance sum to the co-operation authority. The bank guarantee term shall not be less than the term for the project implementation.

25. If a project connected with economic activity includes several of the activities to be supported referred to in Paragraph 6 of these Regulations:

25.1. the amount of public funding for each activity and research category shall be determined individually in accordance with Paragraphs 33 and 40 of these Regulations; and

25.2. the total indicative amount of public funding shall be determined in accordance with the average weighted intensity of the public funding and the multiplication of the total eligible costs.

V. Eligible and Ineligible Costs for Research

26. Financing shall not be granted to the following research support activities within the scope of the activity:

26.1. education and training;

26.2. scientific and technological activities - scientific and technical information services, data compilation for general purposes, tests, development of software if it is not regarded as an innovative product; or

26.3. industrial activities - activities which are necessary in order to introduce or commercially use a new product or process - processes prior to manufacture, market research and distribution of products and technologies.

27. The following items of costs directly related to the research referred to in Sub-paragraph 6.1 of these Regulations shall be eligible:

27.1. direct costs of industrial research and experimental development:

27.1.1. remuneration for a scientific worker, insofar as he or she is employed in the project;

27.1.2. the costs of official journeys and official trips of scientific workers involved in the research in accordance with the norms specified in regulatory enactments;

27.1.3. the costs of purchase, installation, technical servicing, depreciation or rental of new or used fixed assets - technological installations, computer hardware and office equipment (if it is used only within the scope of the project), insofar as they are used in the project. If the period of use of the fixed assets within the scope of the project does not include the entire period of practical use of these fixed assets, only the depreciation costs which conform to the project implementation term shall be regarded as eligible costs. The referred to costs shall be calculated in proportion to the period and intensity of use of the fixed assets in accordance with the regulatory enactments regulating accounting records, but not exceeding 20 per cent per annum of the purchase value of the fixed assets. Financing shall be granted within the scope of the activity only for the purchase of such used fixed assets which were not initially purchased by using public funds, including the funding of the European Regional Development Fund;

27.1.4. the purchase and delivery costs of the equipment, instruments and materials (physical, biological, chemical and other materials, test animals, reagents, chemicals, laboratory vessels, medicinal products for research) required for the project implementation;

27.1.5. the market costs of contractual research, technical knowledge and patents or the licences thereof purchased from external sources (hereinafter - intangible assets), if the transaction has been performed within the conditions of competition and did not involve confidential agreements. If the period of time which is necessary for the use of patents and licences in a research project is necessary exceeds the term of validity of the patents and licences, only the depreciation costs which have been calculated in accordance with a good accounting practice shall be regarded as eligible costs; and

27.1.6. the costs of external services. The procurement of external services shall be performed in accordance with the regulatory enactments regulating procurement procedures;

27.2. the direct costs of the technical feasibility studies preparatory to industrial research and experimental development implemented within the scope of the project:

27.2.1. remuneration for a scientific worker, insofar as he or she is employed in the project;

27.2.2. the market costs of intangible assets, if the transaction has been performed within the conditions of competition and did not involve confidential agreements. If the period of time which is necessary for the use of patents and licences in a research project exceeds the term of validity of the patents and licences, only the depreciation costs which are calculated in accordance with a good accounting practice shall be regarded as eligible costs; and

27.2.3. the development costs of the feasibility study, including the costs of economic analysis of alternative costs and benefits of the project implementation and the translation costs related to the preparation of the project application, which have been specified for the project in writing in accordance with a duly substantiated, fair and objective method;

27.3. the direct publicity costs of industrial research, experimental development and technical feasibility studies which do not exceed one percent of the total direct eligible costs referred to in Sub-paragraphs 27.1 and 27.2 of these Regulations, if the final beneficiary is implementing a project not connected with economic activity:

27.3.1. the publicity costs of the research results; and

27.3.2. the costs of the project information and publicity measures specified in the regulatory enactments regarding the provision of the publicity and visual identity requirements of the European Union Structural Funds;

27.4. the indirect costs of industrial research, experimental development and technical feasibility studies:

27.4.1. the translation costs of the project and the documents substantiating the project, which shall not exceed one percent of the total direct eligible costs referred to in Sub-paragraphs 27.1 and 27.2 of these Regulations; and

27.4.2. unforeseen costs which shall not exceed five percent of the total direct eligible costs referred to in Sub-paragraphs 27.1 and 27.2 of these Regulations and are only provided for covering of the direct costs referred to in Sub-paragraphs 27.1 and 27.2 of these Regulations, if the final beneficiary is implementing a project not connected with economic activity.

28. The conditions for eligibility of the costs referred to in Sub-paragraphs 27.1 and 27.2 of these Regulations:

28.1. if the scientific staff involved in project implementation receives remuneration, the number of hours dedicated to work which is not connected with the project and the number of hours dedicated to work in the project shall be indicated in the tables for accounts of time. Working hours shall conform to the regulatory enactments regulating employment legal relationships;

28.2. if a worker involved in the project implementation also performs other functions for which he or she receives remuneration within the scope of another employment contract or a work-performance contract, work in the project shall not be performed during the period of time when the person is performing tasks not connected with the project in accordance with the contract entered into. If the work in the project is performed during the principal work, the load of the principal work shall be reduced by the respective number of hours;

28.3. the duties specified in the principal work or other contracts shall not overlap with the duties to be performed in the project;

28.4. remuneration shall be received within the scope of the project in accordance with the employment contract or the work-performance contract; and

28.5. the following remuneration and salary rates shall be applicable within the scope of the project, not including the compulsory State social insurance contributions by an employer:

28.5.1. for the research manager (plans and manages research, ensures the implementation thereof and is responsible for the achievement of research results at large) - up to 13 lats per hour;

28.5.2. for scientific staff (involved in the implementation of research and is responsible for the achievement of specific research results) - up to 10 lats per hour; and

28.5.3. for implementers of the project, which perform specific research tasks (including research technical staff and research attending staff) - up to 8 lats per hour.

29. The position of costs referred to in Sub-paragraph 27.1.6 of these Regulations shall include the costs of the following services, if a service performer has been specified in accordance with the regulatory enactments regulating procurement procedures:

29.1. contract research; and

29.2. the maintenance of a metrological system conforming to the requirements of the European Union, the calibration of high level measuring devices and other services in the field of metrology and accreditation.

30. Non-recoverable value added tax payments are eligible costs.

31. The following costs shall be ineligible within the scope of the activity:

31.1. payment for examination, drawing up, reservation and servicing of a loan, payment for financial transactions, interest payments, penalties and the costs of judicial proceedings;

31.2. the costs which exceed the restrictions referred to in Sub-paragraphs 27.4 and 28.5 of these Regulations;

31.3. costs which have arisen before:

31.3.1. the date of the coming into force of these Regulations in the cases referred to in Sub-paragraph 71.1 of these Regulations;

31.3.2. the submission of the project application to the responsible authority in the cases referred to in Sub-paragraph 71.2 of these Regulations;

31.3.3. the entering into of an agreement or a contract regarding the project implementation in the case referred to in Sub-paragraph 71.3 of these Regulations;

31.4. costs which have arisen after the end of the implementation term of the project activities or payments of which have been performed later than one month after the end of the implementation term of the project activities;

31.5. costs which do not conform to the principles of substantiated financial management, particularly to the monetary value and the efficiency of costs;

31.6. costs which are not comparable and justified by documents justifying the costs or which have arisen due to the non-compliance with the regulatory enactments regulating procurement procedures;

31.7. costs which are related to the preparation of the project application, except the costs referred to in Sub-paragraph 27.2.3 of these Regulations; and

31.8. costs which are not specified as eligible in Paragraph 27 of these Regulations.

32. If the project is not connected with economic activity, the maximum amount of financing of the European Regional Development Fund for research shall be 85 percent of the total eligible costs of the project.

33. If the project is connected with economic activity, the permissible intensity of public funding shall be as follows:

33.1. for the performance of industrial research:

33.1.1. 70 percent if the project applicant is applying for aid in accordance with the definition of a micro or small enterprise;

33.1.2. 60 percent if the project applicant is applying for aid in accordance with the definition of a medium-sized enterprise; and

33.1.3. 50 percent if the project applicant is applying for aid in accordance with the definition of a large enterprise;

33.2. for the performance of experimental development:

33.2.1. 45 percent if the project applicant is applying for aid in accordance with the definition of a micro or small enterprise;

33.2.2. 35 percent if the project applicant is applying for aid in accordance with the definition of a medium-sized enterprise; and

33.2.3. 25 percent if the project applicant is applying for aid in accordance with the definition of a large enterprise;

33.3. for the performance of technical feasibility studies:

33.3.1. 75 percent if the technical feasibility studies are performed prior to industrial research and the project applicant is applying for aid in accordance with the definition of a micro, small or medium-sized enterprise;

33.3.2. 50 percent if the technical feasibility studies are performed prior to the experimental development and the project applicant is applying for aid in accordance with the definition of a micro, small or medium-sized enterprise;

33.3.3. 65 percent if the technical feasibility studies are performed prior to industrial research and the project applicant is applying for aid in accordance with the definition of a large enterprise; and

33.3.4. 50 percent if the technical feasibility studies are performed prior to industrial research and the project applicant is applying for aid in accordance with the definition of a large enterprise.

34. If a project is connected with economic activity, the intensity of public funding referred to in Sub-paragraphs 33.1 and 33.2 of these Regulations may be increased by 15 percent of the total eligible costs of the project, not exceeding 80 percent of the total eligible costs of the project, within the scope of the following research categories:

34.1. for industrial research and experimental development, if the project is being implemented in co-operation with an enterprise and the project applicant is covering at least 10 percent of the total eligible costs of the project, and it has the right to publish the results of the implemented research, insofar as they arise from the research of the project applicant; and

34.2. for industrial research, if public access to the research results is ensured - distribution of the research results at technical and scientific conferences and in open access repositories (databases), access to publications or free software, as well as the transfer of knowledge, manufacturing skills or technologies.

VI. Eligible and Ineligible Costs for Registration of Industrial Property Rights

35. Within the scope of the project financing may be received for registration of industrial property rights for registration of industrial property objects acquired in the results of research (including inventions, industrial designs, topography of semiconductor products and plant varieties).

36. Financing for registration of industrial property rights may be received by a final beneficiary which:

36.1. is implementing a project not connected with economic activity; or

36.2. is implementing a project connected with economic activity and conforms with the definition of a micro, small or medium-sized enterprise.

37. The following costs shall be eligible for registration of industrial property rights:

37.1. direct costs:

37.1.1. all costs prior to the granting of rights in the first jurisdiction, including such costs which relate to the preparation, registration and examination of applications, as well as the costs for the maintenance of patent applications in effect prior to the granting of rights;

37.1.2. translation costs and other costs which have arisen in order to receive the rights or the approval thereof in another jurisdiction;

37.1.3. costs which have arisen when defending rights, while the application is being officially examined in a court and during the possible period of appeal, even if these costs arise after granting of the rights; and

37.1.4. publicity costs which do not exceed one percent of the direct eligible costs referred to in Sub-paragraphs 37.1.1, 37.1.2 and 37.1.3 of these Regulations, if the final beneficiary is implementing a project not connected with economic activity:

37.1.4.1. the publicity costs of the industrial property object acquired as a result of research; or

37.1.4.2. the costs of the project information and publicity measures specified in the regulatory enactments regarding the provision of the publicity and visual identity requirements of the European Union Structural Funds;

37.2. unforeseen costs are indirect costs and they may only be provided for the covering of costs referred to in Sub-paragraph 37.1 of these Regulations, if the project is not connected with economic activity. Unforeseen costs shall not exceed five percent of the direct eligible costs referred to in Sub-paragraph 37.1 of these Regulations.

38. The costs which are not referred to in Paragraph 37 of these Regulations, which exceed the restrictions referred to in Sub-paragraphs 37.1.4 and 37.2 of these Regulations, which are not related to the research referred to in Sub-paragraph 6.1 of these Regulations or are not justified and comparable, shall not be eligible for registration of industrial property rights.

39. If the project is not connected with economic activity, the maximum amount of the financing of the European Regional Development Fund for registration of industrial property rights shall be 85 percent of the total eligible costs of the project.

40. If the project is connected with economic activity, the permissible intensity of public funding for registration of industrial property rights shall not exceed the intensity of such aid which is applied directly to the connected category of research.

VII. Preparation and Submission of Project Applications

41. The responsible authority shall announce selection at open calls for project applications by publishing the relevant notification regarding the submission of project applications in the newspaper Latvijas Vēstnesis [the official Gazette of the Government of Latvia] and on the website of the Ministry of Education and Science (www.izm.gov.lv).

42. The following shall be indicated in the notification regarding submission of project applications:

42.1. the financing available for the relevant round;

42.2. the deadline for submitting the project application, which shall not be less than 30 working days from the date of the announcement.

42.3. the location and procedures for submitting the project application; and

42.4. the website on which the documents to be used for the preparation of project applications are published.

43. The notification regarding the first selection round of project applications shall be announced not sooner than one month and not later than two months after the date of the coming into force of these Regulations. The notification regarding the second selection round of project applications shall be announced by 31 December 2010.

44. The project applicant shall submit a project application, observing the following requirements:

44.1. several project applications may be submitted in one round of submission of project applications, if the planned results of projects are aimed towards the development of different new products or technologies or the implementation of the conditions of Paragraph 23 of these Regulations is ensured;

44.2. the project application shall consist of a completed project application form (Annex 1) and the following annexes:

44.2.1. copies of the documents which confirm the legal status of the project applicant and the co-operation partner (including articles of association, by-law, rules or documents equivalent thereto and other documentation), or a written attestation that the documents confirming the legal status submitted to the Ministry of Education and Science in accordance with the regulatory enactments regulating scientific activities conform to the actual situation;

44.2.2. a confirmation of the co-operation partner or partners regarding the participation in the project implementation, if it is intended to involve a co-operation partner in the implementation of the project (Annex 2);

44.2.3. a draft co-operation contract of the project applicant and the co-operation partner, if it is intended to involve a co-operation partner in the project implementation;

44.2.4. a written confirmation regarding the provision of the national co-funding required for the project. The confirmation regarding the provision of the national co-financing from the funds at the disposal of the project applicant (national public or private funds) and investments in kind shall be issued by the project applicant. The confirmation regarding the provision of co-financing from credit resource funds shall be issued by the relevant credit institution and the project applicant shall submit it to the responsible authority after the approval of the project application, but prior to the entering into an agreement or a contract regarding the project implementation;

44.2.5. a declaration regarding the conformity to the category of a micro, small or medium-sized enterprise, which has been prepared in accordance with the regulatory enactments regarding the procedures for declaration of small (micro) or medium-sized commercial companies (if the project applicant is applying for aid in accordance with the definition of a micro, small, medium-sized or large enterprise);

44.2.6. a statement of the State Revenue Service which has been issued not earlier than 20 working days prior to the submission of the project application, regarding tax payments and the average number of employees working in the institution of the project applicant or the co-operation partner during the last two years (separately by years), and for a newly established enterprise - regarding the time period which is reflected in the operational statement.

44.2.7. copies of the annual reports submitted to the State Revenue Service regarding the last three closed financial years (if the co-operation partner is a newly established enterprise, the operational financial report shall be submitted, on the basis of which the conformity to the category of micro, small or medium-sized enterprise has been specified and which has been issued not earlier than before three calendar months; if an examination by a sworn auditor has not been performed in accordance with regulatory enactments, an opinion of a sworn auditor shall be submitted in addition regarding the research and development costs in the last three closed financial years) or a written confirmation that the copies of the documents referred to in this Sub-paragraph have been submitted to the responsible authority within the scope of the implementation of activities of the Measure 2.1.1 "Science, Research and Development" of the Priority 2.1 "Science and Innovation" of the supplement of operational programme "Entrepreunership and Innovation";

44.2.8. the requirements specified for a scientific worker in relation to education, scientific qualification and experience in the relevant sector of science;

44.2.9. the project applicant's questionnaire regarding the application of the value added tax in accordance with the regulatory enactments regarding the procedures, by which information is provided and checked regarding the application of value added tax within the framework of projects co-financed by European Union Structural Funds and a decision is taken regarding the inclusion of the value added tax into the eligible costs of projects;

44.2.10. the statement of the project applicant regarding the locations of the project implementation where the installation of the fixed assets intended for the project will be performed (indicating the address of the relevant location);

44.2.11. a substantiated list of the fixed assets required and to be procured for the project implementation;

44.2.12. translation of Part 2 and Sub-paragraph 7.3 of the project application form (Annex 1) into English;

44.2.13. the authorisation of the head of the institution of the project applicant, if the project application is signed by a person authorised by the head of the institution; and

44.2.14. copies of State statistical reports of the project applicant and the co-operation partner registered in the Register of Scientific Institutions, which have been submitted to the Central Statistical Bureau, regarding the last three closed accounting years as regards the implementation of scientific or research work or a written attestation that the copies of the referred to documents have been submitted to the Ministry of Education and Science or to the responsible authority within the scope of the implementation of activities of the Measure 2.1.1 "Science, Research and Development" of the Priority 2.1 "Science and Innovation" of the supplement of the operational programme "Entrepreneurship and Innovation" (the responsible authority shall only use the State statistical reports received for the performance of summaries and grouping of data and the analysis of economic processes and research activities).

45. In addition to the annexes referred to in Sub-paragraph 44.2 of these Regulations, the project applicant may submit the following:

45.1. a statement of the Enterprise Register which certifies that the project applicant or the co-operation partner has not been declared insolvent by a court adjudication, including is not in the process of restoration or in the process of legal protection, the economic activity thereof has not been terminated or in accordance with the information available in the Commercial Register it is not in the process of liquidation (if applicable);

45.2. a certified translation of documents into Latvian in accordance with the regulatory enactments regarding the procedures for certification of document translations into the official language, if the additional documents to be submitted are not in Latvian;

45.3. a statement from the institution which will ensure the credit resources or other financial resources required for the project implementation if attraction of such resources is intended, regarding the provision of the financing required for the project, indicating the amount of financing to be granted. The statement shall be issued not earlier than 30 calendar days prior to the submission of the project application;

45.4. an accounting form regarding the received de minimis aid; and

45.5. other documents which the project applicant regards as necessary in order to justify the conformity of the project application with the criteria for evaluation for project applications referred to in Annex 3 to these Regulations.

46. If the project applicant does not submit the statements referred to in Sub-paragraphs 44.2.6, 44.2.7 and 45.1 of these Regulations, the responsible authority shall acquire them in accordance with the procedures specified in the Administrative Procedure Law.

47. The project applicant shall draw up a project application, observing the following requirements:

47.1. in order to ensure the conformity with the evaluation criterion referred to in Sub-paragraph 3.4 of Annex 3 to these Regulations, translation of the documents, which have been included in the annex to the project application and which are not in Latvian, shall be attached in accordance with the regulatory enactments regarding document translations into the official language; and

47.2. in order to ensure the conformity with the evaluation criterion referred to in Sub-paragraph 3.5 of Annex 3 to these Regulations, the sections, sub-sections and the titles thereof shall not be changed and deleted.

48. The project applicant may submit the project application to the responsible authority in:

48.1. printed form in three copies (one original with the designation "oriģināls" (original) and two copies with the designation "kopija" (copy)). All copies of the project application shall be bound by string, the pages shall be numbered, the ends of the string shall be glued on the back of the last page, the adhesive label shall include information regarding the number of the pages numbered and bound together in the document, an attestation regarding the accuracy of the copies of the documents, the name of the project applicant, the date of preparation of the project application, the place of preparation of the document and the signature of the official of the project applicant. An identical electronic version of the project application shall be appended to the copies of the project application on an electronic data carrier. All documents shall be placed into closed packaging and sealed; or

48.2. in the form of an electronic document in accordance with the regulatory enactments regarding the drawing up of electronic documents, including:

48.2.1. it shall be processed in DOC, XLS or PDF file format;

48.2.2. each project application form and originals of the documents to be submitted in addition shall be signed separately with the secure electronic signature of the author thereof and certified by a time stamp prior to the end of the deadline for the acceptance of project applications. If the documents to be submitted in addition are copies of documents, each of them shall be attested separately with the secure electronic signature of the project applicant and a time-stamp prior to the end of the deadline for the acceptance of project applications.

49. The deadline for submission of the project application specified in the notification referred to in Paragraph 41 of these Regulations shall be the last day when the project applicant may submit the project application in person, electronically or send it by post.

50. The responsible authority shall register receipt of the project application on the day of receipt thereof. The responsible authority shall issue a confirmation regarding the receipt of the project application to the project applicant in person immediately or shall send it by post or electronically within 10 working days after the end of the deadline for the submission of project applications, signing it with a secure electronic signature in accordance with the regulatory enactments regarding the drawing up of electronic documents.

VIII. Evaluation of Project Applications

51. A project application submitted within the scope of the activity shall be evaluated by the commission. The composition of the commission shall include representatives from the Ministry of Education and Science, the Ministry of Economics and the Latvian Council of Science.

52. The activities of the commission shall be determined by a by-law approved by the responsible authority.

53. The representatives of the managing authority, the co-operation authority and the Association of Latvian Young Scientists may attend meetings of the commission as observers. During the evaluation process the commission may invite one or several experts without the right to vote.

54. In order to evaluate the conformity of a project application with the quality criteria specified in Annex 3 to these Regulations, the commission may invite experts with a doctoral degree in science, including experts which are included in the database (list) of experts of at least one international research organisation or an international organisation of scientific co-operation and is not in employment legal relations in the scientific institutions of the Republic of Latvia.

55. When commencing the work of the commission, the commission members, experts and observers (if applicable) shall sign a declaration that:

55.1. the information and the content of documents obtained during the commission meetings shall not be disclosed to the third parties; and

55.2. there are no such conditions due to which the limitations to the person involved in the management of the European Union Structural Funds specified in the regulatory enactments regarding the management of European Union Structural Funds and the Cohesion Fund may be violated and that there are no such conditions due to which it may be considered that the selection or rejection of a specific project application is in the interests thereof.

56. A project application shall be evaluated, observing these Regulations and other regulatory enactments which determine the management of the European Union Structural Funds and the Cohesion Fund, as well as the procedures for the evaluation of projects developed and approved by the responsible authority and the methodology for the evaluation of project applications and for completion of the forms for the evaluation of project applications.

57. The conformity of a project applicant and project application shall be evaluated in accordance with the criteria for evaluation of project applications in the following order:

57.1. the administrative criteria referred to in Part 3 of Annex 3 to these Regulations;

57.2. the conformity criteria referred to in Part 2 of Annex 3 to these Regulations; and

57.3. the quality criteria referred to in Part 1 of Annex 3 to these Regulations and the criteria for granting of financing referred to in Part 4 of Annex 3 to these Regulations.

58. The conformity of a project application to the administrative criteria, the conformity criteria and the criteria for granting of financing shall be evaluated by "Jā" [Yes] or "Nē" [No] ("Jā" [Yes] - does conform and "Nē" [No] - does not conform). The conformity of the project application to the quality criteria shall be evaluated by assigning a certain number of points.

IX. Taking a Decision Regarding the Approval, Conditional Approval or Rejection of a Project Application and the Notification Thereof

59. The responsible authority shall take a decision regarding the approval of a project application if the conformity thereof with all the conformity criteria referred to in Part 2, with the administrative criteria referred to in Part 3 and the criteria for the granting of financing in Part 4 of Annex 3 to these Regulations is evaluated by "Yes".

60. The responsible authority shall take a decision to reject a project application and discontinue the evaluation thereof, if one of the following conditions is present:

60.1. the project applicant does not conform with the requirements referred to in Paragraph 24 of Annex 3 to these Regulations;

60.2. the project applicant does not conform with the requirements referred to in Paragraph 23 of Annex 3 to these Regulations;

60.3. the application does not conform with any of the criteria referred to in Paragraphs 11, 12, 13, 25, 26, 27, 28 and 35 of these Regulations; or

60.4. the project application has received less than one point in the evaluation regarding the conformity with any of the quality criteria referred to in Paragraphs 1, 2, 3, 4 and 6 of Annex 3 to these Regulations or has received less than two points in the evaluation regarding the conformity with the quality criteria referred to in Paragraphs 7 and 8 of Annex 3 to these Regulations.

61. The responsible authority shall take a decision to reject a project application if it is evaluated as "No" in relation to the criterion for the granting of financing referred to in Paragraph 39 of Annex 3 to these Regulations.

62. If several project applications have received an equal number of points in the selection process of project applications, the project which has received the greater number of points in total in the quality criteria referred to in Paragraphs 1, 2, 3 and 8 of Annex 3 to these Regulations and better indicators of economic analysis referred to in Sub-paragraph 7.3.4 of Annex 1 to these Regulations will be achieved as a result of the project implementation, shall receive priority support.

63. The responsible authority may take a decision regarding the confirmation of a project application with a condition which should be fulfilled so that the project applicant might enter into an agreement or a contract regarding the project implementation. The following conditions may be included in the referred to decision:

63.1. specification of the project application in accordance with the evaluation criteria referred to in Sub-paragraphs 14, 15, 16, 17, 18, 19, 20, 21, 22, 29, 30, 31, 32, 33, 34, 36, 37 and 38 of Annex 3 to these Regulations;

63.2. the submission of the annexes referred to in Sub-paragraph 44.2 of these Regulations (if applicable); and

63.3. the performance of another legally based activity specified by the responsible authority, which is directed towards entering into an agreement or a contract regarding the implementation of the project.

64. Within five working days after taking a relevant decision, the responsible authority shall send to:

64.1. the project applicant - the decision regarding the approval of the project application or rejection of the project application, or conditional approval of the project application; and

64.2. to the co-operation authority - a decision regarding the approval of the project application and an original copy of the approved project application in printed form, which the co-operation authority shall send back to the responsible authority within five working days after entering into of an agreement or a contract regarding the implementation of the project, or the project application in electronic form, which has been signed by a secure electronic signature and certified with a time stamp in accordance with the regulatory enactments regarding the drawing up of electronic documents.

65. If the project application has received conditional approval, the project applicant shall, within the specified time period that does not exceed 30 working days from the date of the coming into effect of the decision, ensure the fulfilment of the conditions and shall submit information regarding the fulfilment of the conditions for evaluation to the responsible authority. During the time period specified in the decision the project applicant may submit information regarding the fulfilment of the conditions not more than twice.

66. The responsible authority shall evaluate the information of the project applicant within 20 working days after expiry of the term specified in the decision and prepare an opinion regarding the fulfilment of the conditions included in the decision (hereinafter - opinion).

67. If the project applicant ensures the fulfilment of the conditions included in the decision within the specified deadline, the opinion of the responsible authority shall be positive and the responsible authority shall, within five working days after signing of the opinion, send to:

67.1. the project applicant - the opinion regarding the fulfilment of the conditions included in the decision; and

67.2. to the co-operation authority - a decision regarding the approval of the project a condition, the opinion and an original copy of the approved project application in printed form, which the co-operation authority shall send back to the responsible authority within five working days after entering into of an agreement or a contract regarding the implementation of the project, or the project application in electronic form, which has been signed by a secure electronic signature and certified with a time stamp in accordance with the regulatory enactments regarding the drawing up of electronic documents.

68. If the project applicant does not ensure the fulfilment of the conditions included in the decision or does not fulfil them within the specified deadline, the project application shall be regarded as rejected. An opinion regarding the non-fulfilment of the conditions included in the decision shall be sent by the responsible authority to the project applicant within five working days after signing thereof.

69. If the project application is approved, the co-operation authority and the final beneficiary shall enter into an agreement or a contract regarding the implementation of the project in accordance with the regulatory enactments specifying the procedures, by which the institutions involved in the management of the European Union Structural Funds and Cohesion Fund ensure the drawing up of the planning documents and introduction of these funds.

70. Within 20 working days after receipt of the decision regarding rejection of the project application or in the cases referred to in Paragraph 68 of these Regulations the project applicant has the right to request the responsible authority to issue two copies of the project application to the project applicant in accordance with the procedures specified in the regulatory enactments regulating the circulation of information.

X. General Conditions for the Project Implementation

71. A project applicant is entitled to commence the project implementation:

71.1. after the date of the coming into force of these Regulations if it is implementing a project not connected with economic activity;

71.2. after the submission of a project application to the responsible authority, if in accordance with Sub-paragraph 3.10 and Paragraph 20 of these Regulations the applicant is applying for aid in accordance with the definition of a micro, small or medium-sized enterprise; or

71.3. after entering into a contract or an agreement with the co-operation authority regarding the project implementation, if in accordance with Sub-paragraph 3.6 and Paragraph 20 of these Regulations the project applicant is applying for aid in accordance with the definition of a large enterprise.

72. The final beneficiary shall open a separate account in the State Treasury for the receipt of payments (including advance payments) and the performance of payments.

73. The final beneficiary shall ensure clear division of financial flow for the project implementation from other financial flow of the activities of the final beneficiary during the project implementation and three years after the project implementation, if the final beneficiary conforms with the definition of a micro, small or medium-sized enterprise specified in Sub-paragraph 3.10 of these Regulations, or five years after the project implementation, if the final beneficiary conforms with the definition of a scientific institution specified in Sub-paragraph 3.1.1 of these Regulations or with the definition of a large enterprise specified in Sub-paragraph 3.6 of these Regulations.

74. The location of the project implementation shall be the territory of the Republic of Latvia.

75. The final beneficiary shall, within five working days after entering into a contract or an agreement regarding the implementation of the project, submit a procurement plan to the co-operation authority. If the final beneficiary performs a procurement prior to entering into a contract or an agreement within the scope of the project, he or she shall submit the procurement plan to the co-operation authority before the commencement of the procurement procedure.

76. The final beneficiary shall announce the first procurement for the purchase of the fixed assets referred to in Sub-paragraph 27.1.3 of these Regulations not later than within 90 calendar days from the date of entering into the contract or the agreement regarding the project implementation.

77. The final beneficiary shall ensure insertion of the updated information associated with the project implementation on the website of the authority of the final beneficiary, if such exists, not less than once every three months.

78. Amendments to a project shall be performed in accordance with the regulatory enactments regarding the management, implementation and monitoring of implementation of European Union Structural Funds and the Cohesion Fund.

79. The responsible authority shall harmonise the project amendments if changes are related to the achievement of result-based indicators.

80. The final beneficiary, without making amendments to the project, may perform the reallocation of costs between the cost items referred to in Paragraphs 27 and 37 of these Regulations, not exceeding five percent of the total eligible costs of the cost item to be reallocated, and within the scope of payment restrictions referred to in Sub-paragraphs 27.4 and 37.2.2 of these Regulations.

81. The final beneficiary, when submitting a payment request to the co-operation authority, shall append an explanation regarding the validity of the reallocation of costs referred to in Paragraph 80 of these Regulations. If the referred to explanation is not submitted or if the submitted explanation is not substantiated, the co-operation authority shall regard the reallocation of costs as not having occurred or as unsubstantiated.

82. If ineligible expenditure or the costs of the rise in price arise during the project implementation, the final beneficiary shall cover them from existing funds at the disposal thereof which are not connected with public aid.

83. The responsible authority has the right to request information from the final beneficiary regarding the course of the project implementation and the conformity of the results achieved with the planned results.

84. If necessary, the responsible authority has the right to propose amendments to the project, by preparing and sending proposals to the co-operation authority and the final beneficiary regarding the amendments necessary to the project.

85. Within 10 working days after receipt of the proposals referred to in Paragraph 84 of these Regulations, the final beneficiary shall prepare and submit a request for project amendments to the co-operation authority with which a contract or an agreement has been entered into or shall submit a reasoned justification to the responsible authority and the co-operation authority regarding the decision not to propose amendments to the project.

XI. Closing Provision

86. The project shall be implemented within 36 months from the date of commencement thereof, however, not later than by 31 December 2013.

Prime Minister V. Dombrovskis

Minister for Education and Science T. Koķe

 

Annex 2
Cabinet Regulation No. 752
7 July 2009

Declaration of the Co-operation Partner Regarding Participation in the Project Implementation

Date: ___ ___________ 20___

 
(name of the partner)
the representative thereof  
  (position, given name, surname)

in person, who acts in accordance with __________________________________

confirms that he or she is acquainted with the project application ______________ (title of the project) of the Activity 2.1.1.1 "Support to Science and Research" of the Measure 2.1.1 "Science, Research and Development" of the Priority 2.1 "Science and Innovation" of the supplement of operational programme "Entrepreneurship and Innovation"

prior to the submission thereof to the Ministry of Education and Science (hereinafter - Ministry) and has understood his or her tasks in relation to the implementation of the project.

I authorise  
  (project applicant)

to submit the project application to the Ministry, to represent the co-operation partner involved in the partnership in discussions with the Ministry, to enter into an agreement or a contract regarding the project implementation and to submit financial plans and reports to the Ministry or to the State Education Development Agency, if the project application is approved.

I declare that I will participate in the implementation of the project and will ensure with the performance of the tasks entrusted to the co-operation partner, observing the principles of good partnership, if the project application is approved.

The authorisation is issued without the right of reauthorisation and is valid from the date of confirmation of this declaration until the date of the confirmation of the final report of the project.

Representative of the partner:

         
(position) (signature)* (given name, surname)

Note. * The detail "signature" of the document shall not be completed if the electronic document has been prepared in conformity with the regulatory enactments regarding the drawing up of electronic documents.

Minister for Education and Science T. Koķe

 

Revised by the Ministry of Education and Science

Annex 3
Cabinet Regulation No.752
7 July 2009

Criteria for Evaluation for Project Applications

Number and title of the operational programme Entrepreneurship and Innovations
Number and title of the priority 2.1. Science and Innovations
Number and title of the measure 2.1.1. Science, research and development
Number and title of the activity 2.1.1.1. Support to Science and Research
Procedure for the selection of project applications Selection at open calls for project applications
Responsible authority Ministry of Education and Science

 

1. QUALITY CRITERIA Assessment
(in points)
1. Level of innovation of the project results:   must achieve at least 1 point
1.1. the result is not regarded as innovative 0
1.2. the innovation of the product, process, technology or other type of innovation is significant at the level of the institution 1
1.3. the innovation of the product, process, technology or other type of innovation is significant at the level of Latvia 2
1.4. the innovation of the product, process, technology or other type of innovation is significant at global level 3
2. The planned contribution of the project into the development of the economy of Latvia and the promotion of competitiveness thereof:   must achieve at least 1 point
2.1. the opportunities for subsequent practical use of the project results are not indicated in the project application 0
2.2. the opportunities for subsequent practical use of the project results are indicated in the project application 1
2.3. the project results provide a contribution to the development of a new product, service, process, technology or another object of intellectual property 2
2.4. it is planned to develop a new product, service, technology or another object of intellectual property in the result of the project and to perform the registration of the developed object of industrial property rights 3
3. Synergy of the direction or directions of research and economic sectors planned in the project:   must achieve at least 1 point
3.1. not planned; 0
3.2. is interdisciplinary1 and the project results create a synergy between the priority directions of research2 or the project results create a synergy with other directions of research3 which provide a contribution to the development of the economic sectors4 forming the gross domestic product (hereinafter - GDP) 1  
3.3 is interdisciplinary and the project results may be used directly in any of the GDP forming economic sectors 2
4. The scientific capacity of the scientific staff involved in the project implementation:   must achieve at least 1 point
4.1. insufficient scientific qualification 0
4.2. sufficient scientific qualification, but the previous scientific work does not conform with the theme of the submitted project or the scientific staff has not conducted practical research 1
4.3. sufficient scientific qualification, the previous scientific work conforms with the theme of the submitted project and the scientific staff has performed practical research 2
4.4. sufficient scientific qualification, the previous scientific work does conform with the theme of the submitted project, the scientific staff has performed practical research and scientists working with an enterprise are involved 3
5. The results planned in the project application form a synergetic effect with the research planned in the project application which has been submitted for the receipt of aid within the scope of the Activity 1.1.1.2 "Attraction of Human Resources to Science" of the operational programme "Human Resources and Employment":   the criterion is not excluding
5.1. No 0
5.2. Yes 3
6. Readiness to commence the planned activities of the project:   must achieve at least 1 point
6.1. the project is not ready for commencement (the research equipment required for the commencement of research is not available and the list of equipment required and to be purchased for the research has not been prepared and substantiated) 0
6.2. the readiness of the project for commencement is medium (the research equipment required for the commencement of research is not available, however, the list of equipment required and to be purchased for the research has been prepared and substantiated) 1
6.3. the readiness of the project for commencement is high (the research equipment required for the commencement of the research is not available, however, the procurement documents for the purchase of the necessary equipment have been prepared and substantiated, or the research equipment required for the commencement of research is available and it is substantiated that equipment is not necessary) 2
7. Assessment of the project implementation risks, including evaluation of the potential cost increase:   must achieve at least 2 points
7.1. the assessment of the potential risks has not been performed in the project application 0
7.2. the assessment of the potential risks has not been fully performed in the project application, a plan of measures for prevention of the identified risks has not been developed or is only partially developed 1
7.3. a qualitative assessment of the potential risks has been performed in the project application, a plan of measures for prevention or reduction of the identified risks has not been fully developed 2
7.4. a qualitative assessment of the potential risks has been performed in the project application, a substantiated plan of measures for prevention or reduction of the identified risks has been developed 3
8. An analysis of alternatives for the project implementation and the economic analysis of the project (economic costs and benefits), which is justified with numerical calculations, has been performed in the project application:   must achieve at least 2 points
8.1. analysis of alternatives and economic analysis of the project have not been performed 0
8.2. analysis of alternatives or economic analysis of the project has been performed 1
8.3. analysis of alternatives and economic analysis of the project, which is justified with numerical calculations and justifies the selection of the alternative offered, have been performed 2
8.4. analysis of alternatives and economic analysis of the project, which is justified with numerical calculations and justifies the selection of the alternative offered, have been performed and the selected alternative has the lowest costs 3
1.1. QUALITY CRITERIA REGARDING HORIZONTAL PRIORITIES  
9. Regional location of the project applicant 1 the criteria is not excluding
9.1. Riga planning region  
9.3. Kurzeme, Zemgale, Vidzeme or Latgale planning region 3
10. The research to be implemented within the project provides a contribution to the implementation of the horizontal priority of sustainable development:   the criteria is not excluding
10.1. the project does not affect this area 0
10.2. the project has an indirect positive impact - the results of the project may be used for the creation of new, environment-friendly products, services or technologies, rational use of natural and energy resources or the prevention or reduction of the negative impact on environmental quality 1
10.3. the project has a direct positive impact - the results of the project are aimed towards the creation of new, environment-friendly products, services or technologies, rational use of natural and energy resources or the prevention or reduction of the negative impact on environmental quality 2

 

2. CONFORMITY CRITERIA Assessment (Yes/No)
2.1. CONFORMITY CRITERIA OF THE PROJECT APPLICATION  
11. The project conforms with the objective of the activity - to support practical research projects which would promote scientific and manufacturing integration and the introduction of the research results in accordance with the priority directions of science specified in the State5   N
12. Conformity of the research theme with at least one of the priority directions of research:   N
12.1. agrobiotechnology
12.2. information sciences;
12.3. biomedicine and pharmacy
12.4. power industry sector
12.5. materials science
12.6. forest science
12.7. medical science
12.8. environmental science
13. Implementation of one or several of the following activities to be supported is intended in the project:   N
13.1. the implementation of practical research, which includes the following categories of research: industrial research, experimental development, technical feasibility studies preparatory to industrial research or experimental development
13.2. provision of public access to the results of research
13.3. registration of industrial property rights
14. The problem to be solved has been defined in the project application and the needs of the selected target group have been substantiated   P
15. The project application and the activities planned therein anticipate solving of the defined problem and meeting of the needs of the target group   P
16. Activities of the project are clearly defined, proportionate to the planned time schedule of implementation and ensure the achievement of the planned results   P
17. The planned results in the project application and their indicators are precisely defined and measurable   P
18. The project management, implementation and supervision system and the required resources (number of staff to be involved, qualification and responsibilities thereof, the available material and technical base) has been described in the project application, and they conform to the needs of the project   P
19. It is validated in the project application, how the sustainability and maintenance of the achieved results will be ensured after completion of the project   P
20. The costs indicated in the project application conform to the implementation period of the proposed project, are necessary and are justified for the achievement of the project results and implementation of the planned activities   P
21. The publicity and information distribution measures planned in the project conform to the publicity requirements specified in relation to the implementation of European Union fund projects   P
22. If co-operation partners are involved in the project, the selection thereof is justified (the competence of the co-operation partners conforms with the planned activities of the project, a justification has been provided as to why the involvement of partners is required) (if applicable).   P
CONFORMITY CRITERIA OF THE PROJECT APPLICANT  
23. Scientific institutions (scientific institutes, institutions of higher education, scientific institutes of institutions of higher education) which are registered in the Register of Scientific Institutions.   N
3. ADMINISTRATIVE CRITERIA Assessment (Yes/No)
24. The project applicant conforms to the requirements of a project applicant specified in the regulatory enactment regarding the implementation of activities   N
25. The project application has been submitted within the specified time period   N
26. The project application is drawn up using a computer   N
27. The project application has been drawn up in the Latvian language   N
28. The project application has been prepared in accordance with the project application form and is completed   N
29. The project application has been submitted in printed form (in the required number of copies of the project application), the original application and copies thereof are bound (sewn together), or in electronic document form, signed with a secure electronic signature in accordance with the procedures specified in the regulatory enactments regarding the drawing up of electronic documents   P
30. The project application has been signed by the head of the institution making the project application or their authorised person   P
31. All the annexes requested in the regulatory enactment regarding the implementation of the activity have been appended to the project application   P
32. The deadline for the project implementation and the division of costs by years conform to the implementation period of the project specified in the regulatory enactment regarding the implementation of the activity   P
33. The co-financing of the European Regional Development Fund and the total amount of eligible costs requested for the project has been indicated in round numbers in lats   P
34. The co-financing of the European Regional Development Fund requested for the project does not exceed the permissible amount   P
35. The amount of the minimum eligible costs of the project is not less than 70 280 lats and the amount of the maximum eligible costs does not exceed 491 962 lats   N
36. The yearly eligible costs of the project are presented in round numbers in lats, are arithmetically correct and conform with the total amounts indicated in the budget summary of the project   P
37. The items of the eligible costs indicated in the project application conform with the eligible costs specified in the regulatory enactment regarding the implementation of the activity   P
38. The costs planned in the project do not exceed the cost restrictions specified in the regulatory enactment regarding the implementation of the activity   P
4. CRITERION FOR GRANTING OF FINANCING Assessment (Yes/No)
39. If the project application conforms with the evaluation criteria referred to in Paragraphs 11, 12, 13, 23, 24, 25, 26, 27, 28 and 35, as well as if it has received at least one point in each of the evaluation criteria referred to in Paragraphs 1, 2, 3, 4 and 6, and has received at least two points in each of the evaluation criteria referred to in Paragraphs 7 and 8 and has received at least 10 points in the total evaluation of the quality criteria, then, by placing the project applications in order of priority, beginning with the project application to have acquired the most points, the relevant project application shall have sufficient financing available for the selection level of the activity   N

Project applications shall be evaluated with "Yes" (conforms) and "No" (does not conform) in accordance with the administrative criteria, the conformity criteria and the criteria for granting of financing. The criteria which are evaluated with "Yes" or "No" have two evaluation options:

N - in case of a negative evaluation the project application shall be rejected, or

P - a decision may be taken regarding approval of the project with a condition that the project applicant ensures the conformity to the criterion within the deadline specified in the decision.

Project applications shall be evaluated with a certain number of points in accordance with the quality criteria. In the criteria, where necessary, the minimum number of points which should be achieved in order for the project application not to be rejected, shall be indicated.

1 Interdisciplinary research is research, for the implementation of which integration of information, data, methodology, instruments and approaches of two or more fields of science is required in order to create knowledge and to solve problems which cannot be accomplished within the scope of one field of science.

2 Agrobiotechnology; information science; biomedicine and pharmacy; power industry; materials science; forest science; medical science; environmental science.

3 In accordance with the classification of the fields of science in Latvia.

4 Agriculture, industry, construction, marketing, transport and communications, public services and other services.

5 In accordance with Cabinet Order No. 412 of 6 June 2006 "On Priority Science Directions for Financing of Fundamental and Applied Research 2006-2009". When approving other priority directions of science in the government, the directions of science for the receipt of EU fund aid will be defined more precisely accordingly.

Minister for Education and Science T. Koķe

 


Translation © 2010 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Noteikumi par darbības programmas "Uzņēmējdarbība un inovācijas" papildinājuma 2.1.1.1.aktivitātes .. Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 752Adoption: 07.07.2009.Entry into force: 01.08.2009.Publication: Latvijas Vēstnesis, 121, 31.07.2009.
Language:
LVEN
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