Journal of Laws [Dz. U.] No. 96/2010, Item 617 2011-05-01 amended by Journal of Laws [Dz. U.] No. 257/2010, Item 1726 Article 20 2012-01-01 amended by Journal of Laws [Dz. U.] No. 185/2011, Item 1092 Article 73 ACT of 30 April 2010 on the National Science Centre (Journal of Laws [Dz. U.] of 4 June 2010) Chapter 1 General Provisions Article 1. 1. The National Science Centre, hereinafter referred to as the Centre, is hereby established. 2. The Centre shall be an executive agency within the meaning of the Act of 27 August 2009 on Public Finance (Journal of Laws [Dz. U.] No. 157/2009, Item 1240 and No. 28/2010, Item 146), which has been established to support scientific activities in the field of basic research. 3. The seat of the Centre shall be Kraków. 4. The Centre shall operate pursuant to the Act and its Charter. 5. The minister responsible for science shall determine, by way of a regulation, the Centre s Charter, which shall set forth: 1) the detailed responsibilities and working procedures of the Centre s governing bodies; 2) the organisation of the Centre s Office; 3) the value of assets above which the Director of the Centre shall require the consent of the Centre s Board in order to dispose of them taking into account the efficient performance of tasks by the Centre. Article 2. Whenever the Act refers to: 1) basic research this shall be construed as basic research within the meaning of Article 2 Item 3 Letter a of the Act of 30 April 2010 on the Principles of Financing Science (Journal of Laws [Dz. U.] No. 96/2010, Item 615); 2) research projects this shall be construed as undertakings whose aim is to conduct, within a specified timeframe, basic research within the field specified by the applicant, implemented pursuant to a project implementation and financing agreement; 3) a person who starts his or her scientific career this shall be construed as a person who does not hold the academic degree of doktor [doctor] or a person who obtained the academic degree of doktor not earlier than five years before the year in which he or she applied for funding for research or development work; maternity or parental leave granted pursuant to the provisions of the Labour Code shall not be included in this period; 4) an experienced researcher this shall be construed as a person who holds the academic degree of doktor and within the last ten years before the year in which he or she applied for funding for research or development work: a) had at least five publications in renowned Polish or foreign scientific journals; b) directed the implementation of research projects; c) meets at least three of the following criteria: was a member of the scientific committee of at least one renowned international conference; published at least one monograph; had presentations at renowned international conferences; won an international award or distinction;
was or has been a member of renowned associations, international scientific organisations or academies; has other significant scientific achievements; and for academic activities related to artistic work a person who is the author of artistic works that are of international significance or important for the Polish culture and has actively participated in international exhibitions, festivals, and artistic, musical, theatrical and film events. 5) the Coordinator of Disciplines this shall be construed as an employee of the Centre responsible for organising the work of Expert Teams and holding competitions for the implementation of research projects within a single scientific discipline or within a group of scientific disciplines, including without limitation for ensuring their proper, impartial and reliable conduct. Chapter 2 Governing Bodies and Organisation of the Centre Article 3. Governing bodies of the Centre shall be: 1) the Director of the Centre, hereinafter referred to as the Director ; 2) the Board of the Centre, hereinafter referred to as the Board. Article 4. 1. The Board shall hold a competition for the post of Director. 2. The Board shall announce a competition for the post of Director: 1) at least six weeks before the Director s term of office expires; 2) immediately upon the Director s dismissal or death. 3. The Board shall immediately inform the minister responsible for science, hereinafter referred to as the Minister, about the competition announced. 4. Candidates for the post of Director shall: 1) enjoy full civil rights; 2) not have final convictions for intentional offences or fiscal offences; 3) have at least three years of managerial experience in the research or research and development sector; 4) hold at least the academic degree of doktor; 5) have a command of the English language sufficient to communicate freely. 5. If no candidate for the post of Director is selected, the Board shall hold another competition. 6. The Minister shall appoint the Director selected by way of a competition at the Board s request. Article 5. 1. The Director shall hold a competition for the post of Deputy Director. 2. The Director shall immediately inform the Minister about any competition announced. 3. The provisions of Article 4 Section 4 Items 1 to 3 and 5 shall be applicable to candidates for the post of Deputy Director. 4. Candidates for the post of Deputy Director shall hold at least the professional title of magister [master] or equivalent. 5. The Director shall announce a competition for the post of Deputy Director: 1) at least six weeks before the Deputy Director s term of office expires; 2) immediately upon the Deputy Director s dismissal or death. 6. If no candidate for the post of Deputy Director is selected, the Director shall hold another competition. 7. The Director shall appoint not more than two Deputy Directors selected by way of a competition. Article 6. The minister responsible for science shall determine, by way of a regulation, the rules of competitions for the posts referred to in Article 4 Section 1 and Article 5 Section 1, the manner in which the selection board shall be selected, the manner in which information about the competition is to be published and the manner in which the fulfilment of requirements concerning the candidates professional experience and qualifications is to be documented, taking into account the need to ensure the transparency and reliability of the competition procedure.
Article 7. 1. The term of office of the Director shall be four years. 2. A person may hold the post of Director for not more than two terms of office. 3. The provisions of Sections 1 and 2 shall apply to Deputy Directors. 4. The Director and Deputy Directors shall perform their duties until the date on which their successors are appointed. Article 8. The appointment referred to in Article 4 Section 6 and Article 5 Section 7 shall be the commencement of an employment relationship based on appointment within the meaning of Labour Code provisions. Article 9. 1. The Minister shall dismiss the Director in the following cases: 1) upon his or her resignation; 2) upon his or her no longer being capable of performing his or her duties owing to a long-term illness of at least six months in duration; 3) upon his or her no longer meeting any of the requirements set forth in Article 4 Section 4 Items 1 and 2; 4) upon his or her acting in a manner that breaches the law or the principles of reliability and economy; 5) upon the Centre s annual financial statements not being approved or not being produced within the time limit set forth in Article 11 Section 6. 2. The Director shall dismiss a Deputy Director in the cases set forth in Section 1 Items 1 to 4. Article 10. 1. The Minister shall determine the Director s remuneration pursuant to the Act of 3 March 2000 on the Remuneration of Persons Directing Certain Legal Entities (Journal of Laws [Dz. U.] No. 26/2000, Item 306 as amended 1) ). 2. The minister responsible for science shall determine, by way of a regulation, detailed criteria for remunerating Deputy Directors, Coordinators of Disciplines and employees of the Centre s Office, taking into account the scope of their tasks and the qualifications required in order to perform them. Article 11. 1. The Director shall direct the Centre s activities, be responsible for the proper and efficient performance of its tasks and represent it vis-à-vis third parties. 2. The Director shall be responsible for the Centre s financial management and for managing the Centre s assets and disposing of them. 3. The Director shall be authorised to independently enter into legal transactions on behalf of the Centre 4. The Director shall approve the ranking lists submitted by the Coordinator of Disciplines, which are referred to in Article 24 Section 1 Item 6 and Article 24 Section 2, and shall enter into agreements concerning the implementation and financing of research projects and into the agreements referred to in Article 35 Section 1. 5. The Director shall draw up, and having obtained a favourable opinion by the Board, shall submit to the Minister for approval the draft annual financial plan for the Centre and the draft financial plan based on performance budgeting principles for the budget year in question and for the two subsequent years, taking into account the time limits set by the minister responsible for public finances for the submission of materials for a draft Budget Act. 6. By 31 March of each year, the Director shall draw up, and having obtained a favourable opinion by the Board, shall submit to the Minister for approval annual financial statements of the Centre together with an opinion by the entity authorised to audit financial statements referred to in Article 42. 7. The Director shall draw up and, by 31 March of each year, submit to the Minister the draft annual plan of activities for the Centre and the annual report on the performance of the Centre s tasks including information on the progress in the performance of the Centre s individual tasks and evaluation of the tasks being performed together with an assessment of their contribution to scientific progress. 8. Within 14 days of the Minister s approval of the Centre s draft annual financial plan, the Director shall publish the plan on the Centre s website within the Public Information Bulletin. 9. Within 14 days of the Board s approval of the draft annual plan of activities for the Centre, the Director shall publish the plan on the Centre s website within the Public Information Bulletin. 10. The Director shall submit to the Board quarterly information on the tasks performed and the funds spent in this respect.
11. In particular cases related to the granting of funds, the Director may consult specialist institutions or experts, including foreign experts. Article 12. 1. In order to nominate candidates for Board members, the Minister shall appoint for a period of four years a Board Members Identification Team, hereinafter referred to as the Identification Team. 2. The Identification Team shall be composed of the chair nominated by the Minister and of four members. 3. Members of the Identification Team may be persons: 1) who have internationally recognised scientific achievements; 2) who are professionally active and engage in research; 3) who represent various groups of scientific fields and academic circles; 4) who are not spouses, relatives or relatives by affinity up to the second degree of members of the Board, Expert Teams, the Director or Coordinators of Disciplines; 5) who are not in a legal relationship with members of the Board, Expert Teams, the Director or Coordinators of Disciplines such that it may affect their rights or obligations. Article 13. 1. The chair and members of the Identification Team shall not receive remuneration for participating in its work. 2. Members of the Identification Team who travel to its meetings shall be reimbursed for their travel costs in accordance with the provisions issued pursuant to Article 77 5 2 of the Labour Code. Article 14. 1. Two months before the expiry of the Board s term of office at the latest, the Identification Team shall draw up and submit to the Minister a list of at least twenty-four candidates for Board Members from among persons nominated by scientific units that hold at least category A and by organisations that represent the academic community; the selection shall be governed by: 1) the candidate s scientific achievements and ongoing scientific activity; 2) the need to ensure a balanced representation of various scientific fields; 3) the need to ensure a balanced representation of various academic circles. 2. Where a candidate has not been appointed as Board member by the Minister, the Identification Team shall submit to the Minister a new candidate from among the persons referred to in Section 1. 3. The minister responsible for science shall determine, by way of a regulation, the manner and procedure for selecting candidates for Board members, which shall be guided by the need to ensure a balanced representation of various scientific fields and various types of scientific units. Article 15. 1. The Board shall include twenty-four members appointed by the Minister from among the candidates nominated by the Identification Team. 2. The Board s term of office shall be four years, with half of Board members being replaced every two years. 3. A person may hold the post of Board member for not more than two subsequent terms of office. 4. Board members shall: 1) hold at least the academic degree of doktor; 2) enjoy full civil rights; 3) not have final convictions for intentional offences or fiscal offences; 4) not be spouses, relatives or relatives by affinity up to the second degree of members of the Board, Expert Teams, the Director or Coordinators of Disciplines; 5) not be in a legal relationship with members of the Board, Expert Teams, the Director or Coordinators of Disciplines such that it may affect their rights or obligations. 5. Board membership shall not be combined with membership of the Identification Team, the Scientific Unit Evaluation Committee and the Scientific Policy Committee referred to in the Act of 30 April 2010 on the Principles of Financing Science, and with membership of governing bodies of the National Centre for Research and Development. 6. Board members shall not hold the posts of: 1) vice-chancellor, deputy vice-chancellor or head of a basic organisational unit of a higher education institution; 2) director of a scientific institute, auxiliary scientific unit of the Polish Academy of Sciences or of a
research institute; 3) president or vice-president of the Polish Academy of Sciences or of the Polish Academy of Arts and Sciences; 4) chair or vice-chair of the General Council of Higher Education or of the General Council of Research Institutes; 5) a member of the State Accreditation Committee. Article 16. 1. The Minister shall dismiss a Board member in the following cases: 1) upon his or her resignation; 2) upon the assumption of the posts referred to in Article 15 Sections 5 and 6; 3) upon his or her no longer meeting any of the requirements set forth in Article 15 Section 4 Items 2 and 3; 4) upon his or her failure to participate in Board activities for more than six months; 5) upon his or her breaching the principles of scientific ethics. 2. Upon a Board member s dismissal or death before the expiry of his or her term of office, the minister shall appoint in his or her place another person nominated by the Identification Team from among the persons suggested pursuant to Article 14 Section 1 until the end of the Board s term of office. Article 17. 1. Activities of the Board shall be directed by its chair who shall be elected by the Board from among its members. 2. The chair of the Board shall convene Board meetings as required but at least once every two months. 3. The chair of the Board shall convene Board meetings on his or her initiative or upon the request by the Director or at least eleven Board members, within at most two weeks of the date of receipt of the request. 4. Minutes of Board meetings shall be recorded, which shall include the number of meeting participants, the course of the proceedings, the content of resolutions and the number of votes cast. The chair of the Board shall submit to the Minister, upon the Minister s request, a copy of Board meeting minutes. 5. The Board shall deliver opinions by way of resolutions adopted by an absolute majority of votes cast in the presence of at least half of Board members. 6. Draft opinions shall be drawn up by Board committees selected by the chair of the Board from among its members. 7. Board committees may consult experts. 8. Detailed procedures related to Board activities, the election of the chair and the selection of Board committees shall be set forth in the rules established by the Board. 9. The provision of Article 13 Section 2 shall be applicable to the chair and members of the Board. 10. The minister responsible for science shall determine, by way of a regulation, the monthly remuneration of the chair of the Board and its members, taking into account the scope of their tasks and the importance of those tasks for the efficient operation of the Centre. Article 18. Tasks of the Board shall include: 1) determining at most thirty disciplines or groups of disciplines within which competitions for the implementation of research projects will be announced and held; 2) determining priority basic research fields that are in line with the national development strategy; 3) determining the amounts of funding allocated to the implementation of research projects within individual disciplines or groups of disciplines; 4) determining the subjects of research projects and the terms on which competitions for their implementation are to be held; 5) announcing competitions for the financing of doctoral scholarships and placements following the award of the academic degree of doktor; 6) the substantial evaluation of the performance of tasks by the Director, by his or her deputies and by Coordinators of Disciplines; 7) selecting Expert Teams from among outstanding Polish and foreign researchers who shall be responsible for the evaluation of the applications submitted for competitions; 8) establishing the Board of Appeal, which shall be composed of Board members, to examine appeals
against the Director s decisions in the matters referred to in Article 33 Section 2; 9) appointing, upon the Director s request, an external auditor in order to evaluate the work of Expert Teams or Coordinators of Disciplines; 10) assessing the annual plans and reports referred to in Article 11 Sections 5 and 6; 11) approving the annual plans and reports referred to in Article 11 Section 7; 12) approving the disposal of Centre assets above the value set forth in the Charter by the Director; 13) performing other tasks set forth in the provisions of the Act. Article 19. Administrative services for the benefit of the Centre shall be performed by the Centre s Office. Chapter 3 Tasks of the Centre and the Manner of Their Implementation Article 20. 1. The tasks of the Centre shall include: 1) financing basic research conducted in the form of: a) research projects, including the financing of the purchase or production of scientific and research apparatus required in order to implement these projects; b) research projects not eligible for co-financing from international funds that are implemented within the framework of international programmes or initiatives announced within the framework of bilateral or multilateral collaboration or research projects implemented with the use of large international research facilities by Polish research teams; c) research projects implemented by persons who start their scientific careers, including projects whose aim is to create unique scientific methods or to establish a new research team; d) doctoral scholarships and placements following the award of the academic degree of doktor; e) research projects for experienced researchers whose aim is to implement pioneering research, including interdisciplinary research, which is important for scientific development, goes beyond the existing knowledge and may result in scientific discoveries; 2) financing research other than listed in Item 1, which is not included in the scope of research financed by the National Centre for Research and Development; 3) supervising the conduct of the research referred to in Items 1 and 2; 4) international collaboration within the framework of financing basic research activities, including those listed in Item 1, letter b); 5) disseminating information on the competitions announced by the Centre, which are referred to in Section 2, within the academic community; 6) inspiring and monitoring the financing of basic research from sources other than the state budget; 7) performing other tasks assigned by the Minister that are important from the point of view of development of basic research, including the drawing up of research programmes that are important for national culture. 2. The research activities referred to in Section 1 Items 1 and 2 shall be selected for financing by way of competitions. 3. The Centre may collaborate with domestic and foreign entities in the performance of the tasks referred to in Section 1. 4. The Centre shall allocate at least 20% of the funds at its disposal for supporting the development of persons who start their scientific careers. 5. With the Minister s consent, the Centre may commission the performance of tasks related to supporting basic research to entities that serve science. Article 21. The Board shall draw up detailed rules for granting funds for the performance of the tasks financed by the Centre, taking into account the transparency of competition and expert selection procedures. Article 22. 1. The Director shall appoint, upon the Board s request, the Expert Teams referred to in Article 18 Item 7, in order to evaluate the applications submitted for competitions and to draw up ranking
lists on this basis. 2. Members of Expert Teams shall receive remuneration for their participation in the work of those teams. 3. The provision of Article 13 Section 2 shall be applicable to members of Expert Teams. 4. The minister responsible for science shall determine, by way of a regulation, the amount of the experts remuneration, taking into account their professional qualifications and the nature of the tasks performed. Article 23. 1. The Board shall select Coordinators of Disciplines by way of a competition. 2. The Board shall immediately inform the Minister about any competition announced. 3. The provisions of Article 4 Section 4 Items 1, 2, 4 and 5 shall be applicable to candidates for Coordinators of Disciplines. 4. Coordinators of Disciplines shall be employed by the Director pursuant to a contract of employment for a fixed term, which shall not exceed four years. 5. Employment in the post of Coordinator of Disciplines shall not be combined with employment at a scientific unit. 6. The Board shall determine the rules of the competition for the post of Coordinator of Disciplines and the manner in which the fulfilment of requirements concerning the candidates professional experience and qualifications is to be documented. Article 24. 1. The tasks of Coordinators of Disciplines shall include: 1) organising and holding the competitions referred to in Article 20 Section 2; 2) organising the work of Expert Teams established in order to evaluate the applications submitted for competitions; 3) disseminating information on the competitions held within the academic community; 4) analysing the applications submitted with respect to their formal aspects; 5) the assessment whether the opinions prepared by experts are reliable and impartial; 6) submitting the ranking lists drawn up by Expert Teams to the Director for approval; 7) performing other tasks assigned by the Director. 2. In special cases, the Coordinator of Disciplines, having consulted a Expert Team, may alter the order of research projects in a ranking list. The Coordinator of Disciplines shall submit the altered ranking list to the Director for approval together with a written justification. Article 25. 1. Coordinators of Disciplines shall announce competitions for the implementation of research projects in accordance with project subjects and the terms for holding such competitions determined by the Board. 2. Information on the terms of competitions for the implementation of research projects, application evaluation criteria and the amount of funds allocated to the financing of research projects shall be announced three months before the application submission deadline at the latest. 3. Announcements concerning competitions for the implementation of research projects shall be published in at least one national daily, on the Centre s website within the Public Information Bulletin and on the website of the office of the Minister within the Public Information Bulletin as well as made available at the seats of the Centre and of the office of the Minister. Article 26. The Board shall announce competitions for the financing of doctoral scholarships and placements following the award of the academic degree of doktor, including the deadlines and procedure for holding such competitions, the conditions to be met by applicants and the manner of, and criteria for, application evaluation, three months before the application submission deadline at the latest. The provision of Article 25 Section 3 shall be applicable to competition announcements. Article 27. 1. The entities referred to in Article 10 of the Act of 30 April 2010 on the Principles of Financing Science shall be eligible to participate in competitions for the implementation of research projects. 2. Upon entering the competition, the entities referred to in Section 1 shall make representations that the tasks covered by the application are not financed from other sources. 3. Where a research project submitted by a natural person is selected for financing, the Director shall
issue a promise of financing. The condition for the conclusion of an agreement for the implementation and financing of the research project shall be the employment of this person by an entity referred to in Article 10 Items 1 to 8 and 10 of the Act of 30 April 2010 on the Principles of Financing Science. Funds shall be granted to the entity employing this person. 4. Upon the request of the research project leader, the Director may consent to a change in the location where the project is to be implemented following a favourable assessment of the application by the entity referred to in Article 10 Items 1 to 8 and 10 of the Act of 30 April 2010 on the Principles of Financing Science, which implements the project, and the entity that takes over project implementation. Article 28. 1. Persons who start their scientific careers shall be eligible to participate in competitions for the financing of doctoral scholarships and placements following the award of the academic degree of doktor. 2. Funds shall be granted to the entity referred to in Article 10 Items 1 to 8 and 10 of the Act of 30 April 2010 on the Principles of Financing Science, where the person referred to in Section 1 engages in scientific activity. Article 29. Applications for the financing of research projects shall be submitted in Polish and in English. The Board may indicate scientific fields or disciplines in which applications shall only be submitted in Polish. Article 30. 1. The following factors shall be taken into account in the evaluation of applications submitted for competitions for research project implementation: 1) the scientific level of the research or tasks to be performed; 2) the innovative nature of the scientific problem whose solution is proposed; 3) scientific achievements of the implementing team; 4) justification for the costs planned with respect to the subject matter and scope of research; 5) the impact of research project implementation on the development of the scientific discipline in question; 6) the evaluation of the implementation of previous research projects financed from science funding by the applicant. 2. The Board may determine additional criteria beyond those set forth in Section 1 for a specific competition. 3. The Director shall determine the detailed procedure for the evaluation of applications by Expert Teams. Article 31. The Coordinator of Disciplines shall publish on the Centre s website within the Public Information Bulletin information on the applications submitted for competitions for the implementation of research projects and the results of those competitions including: 1) the title of the application submitted; 2) the first name and family name of the research project leader and the name of the entity referred to in Article 10 of the Act of 30 April 2010 on the Principles of Financing Science that is the applicant; 3) the rank on the list achieved by the research project submitted for financing; 4) the amount of funding proposed to be granted to individual research projects by the Coordinator of Disciplines and granted by the Director. Article 32. 1. An expert shall be excluded from application evaluation where a potential conflict of interest is detected, including without limitation situations where the expert and the applicant are: 1) spouses, relatives or relatives by affinity up to the second degree; 2) in another legal relationship that may affect the expert s rights or obligations. 2. The Coordinator of Disciplines shall exclude an expert from application evaluation where a reasonable suspicion exists that the expert is not impartial. 3. An evaluation drawn up by an expert who has been excluded from application evaluation shall not be taken into account. 4. The Board may appoint a new expert to replace the expert who has been excluded from application evaluation. 5. The provisions of Sections 1 and 2 shall be applicable to Coordinators of Disciplines when
performing the task referred to in Article 24 Section 2. The Coordinator of Disciplines shall be excluded by the Director. 6. Where he or she is excluded in the manner referred to in Section 5, the Coordinator of Disciplines shall submit to the Director for approval a ranking list drawn up by the Expert Team. Article 33. 1. Funds for the research selected for financing by way of the competitions referred to in Article 20 Section 2 shall be granted by the Director by way of a decision. 2. An applicant may appeal against the Director s decision to the Board of Appeal within the Board within 14 days of the date on which information on competition results is delivered. 3. The Board of Appeal within the Board shall decide to grant or refuse to grant funds within at most three months of the date on which the appeal is lodged. 4. A decision of the Board of Appeal within the Board may be appealed against to an administrative court. Article 34. 1. The Director shall enter into an agreement on the implementation and financing of the project with the entity referred to in Article 10 Items 1 to 8 and 10 of the Act of 30 April 2010 on the Principles of Financing Science where the research project is to be implemented and with the research project leader. 2. The agreement shall set forth: 1) the thematic area of the research project and time limit and terms of its implementation; 2) the amount of funds granted for research project implementation and the procedure for their transfer by the Centre; 3) the manner in which the scientific and research apparatus purchased or produced is to be utilised following the implementation of the research project; 4) measurable and expected effects of research project implementation, including the contractor s undertaking to evaluate and publish research results in an internationally recognised publication; 5) the manner and procedure for the exercise of supervision over research project implementation by the Centre; 6) the manner of financial settlement of the research project; 7) the manner and scope of final substantive evaluation of the research project. 3. Supervision over research project implementation shall include: 1) the evaluation of periodical reports concerning research project implementation; 2) an inspection at the seat of the entity referred to in Article 10 Items 1 to 8 and 10 of the Act of 30 April 2010 on the Principles of Financing Science by an inspection team appointed by the Director; 3) the Director s right to suspend research project financing if the contractor spends funds in breach of the agreement or the results planned at a given research project implementation stage have not been achieved, until irregularities are resolved; 4) the Director s right to interrupt research project financing if the contractor spends funds in breach of the agreement or the agreement is not performed in a timely or proper manner, including without limitation where it is found, on the basis of the assessment performed by the Board that the material scope of the research project implemented has been reduced. 4. The Director shall perform the settlement of the agreement on the implementation and financing of the research project financed by the Centre following his or her acceptance of the financial report submitted by the entity referred to in Article 10 Items 1 to 8 and 10 of the Act of 30 April 2010 on the Principles of Financing Science and following the favourable substantial evaluation of the project by the competent Coordinator of Disciplines, Expert Team and the Board. 5. For research projects with a total value in excess of the value determined by the Board in accordance with the research subject and cost level, the Director shall commission an external implementation audit. Article 35. 1. The Director shall enter into an agreement with the entity referred to in Article 10 Items 1 to 8 and 10 of the Act of 30 April 2010 on the Principles of Financing Science where the person who has been granted a doctoral scholarship or funds for placement following the award of the academic degree of doktor engages in scientific activity. 2. The agreement referred to in Section 1 shall set forth the deadline and terms for its performance, the amount of funds granted and the conditions for their transfer and settlement by the Centre.
3. Where the person referred to in Section 1 ceases to engage in scientific activity during the agreement term, the Director shall discontinue financing. Article 36. 1. Where the work or tasks financed by the Centre result in an invention, utility model or industrial design, the right to obtain a patent for the invention or protection right for the utility model or the right in registration of the industrial design shall lie with the entity to which the Director granted funds, unless the agreement between the Centre and the entity that receives funds or the decision to grant funds stipulates otherwise. 2. As concerns the ownership of the author s economic rights arising from the implementation of the tasks financed by the Centre, provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws [Dz. U.] No. 90/2006, Item 631 as amended 2) ) shall apply. Article 37. 1. Public aid may be granted via the Centre in connection with the performance of the tasks referred to in Article 20. 2. The minister responsible for science shall determine, by way of a regulation, the terms and procedure for granting public aid via the Centre, including: 1) the purpose of aid; 2) the types of costs eligible for aid; 3) the manner in which aid is cumulated; 4) maximum aid amounts taking into account requirements concerning admissible public aid set forth in Community law and in state scientific policy objectives. Chapter 4 Financing of the Centre s Activities Article 38. 1. The Centre s revenue shall include the following funds: 1) a targeted subsidy for the financing of the tasks referred to in Article 20, transferred upon the Director s request; 2) an earmarked subsidy to cover ongoing costs of managing the tasks performed by the Centre referred to in Item 1, transferred upon the Director s request; 3) a targeted subsidy for the financing or co-financing of investment costs related to the performance of the tasks referred to in Item 1. 2. The Centre s revenue may include funds from other sources, including without limitation: 1) funds transferred by domestic and foreign entities that finance research programmes; 2) (1) interest on available funds deposited pursuant to provisions on public finances; 3) bequests and donations. 3. After tax obligations have been met, the funds referred to in Section 2 Items 2 and 3 may be used by the Centre to finance the tasks referred to in Article 20 Section 1 Items 1 and 2. Funds unused in a given year shall not be returned to the state budget. Article 39. Funds shall be spent by the Centre pursuant to the provisions of the Act of 27 August 2009 on Public Finance and the provisions of this Act. Article 40. 1. The Centre shall manage its finances on the basis of an annual financial plan determined pursuant to the provisions of the Act of 27 August 2009 on Public Finance. 2. The draft plan on which the Board has delivered a favourable opinion shall provide the basis for the Centre s financial management from 1 January until the date on which the Minister approves the annual financial plan for the Centre. 3. Amendments to the financial plan for the Centre shall be introduced in accordance with the procedure and the rules set forth in the Act of 27 August 2009 on Public Finance. Article 41. 1. The Centre shall establish: 1) a statutory fund;
2) the funds set forth in separate Acts. 2. The Centre s statutory fund shall represent the equivalent of the net value of fixed assets, intangible assets and other assets held by the Centre as at the date on which it commences its activities. 3. The statutory fund shall be reduced by the amount of the Centre s net loss. Article 42. 1. The Centre s annual financial statements shall be audited by an entity authorised to audit financial statements. 2. The Minister shall select the entity authorised to audit financial statements pursuant to provisions on public procurement. Chapter 5 Supervision over the Centre s Activities Article 43. 1. The Minister shall supervise the Centre s activities from the point of view of their legality, economy, reliability and expediency. 2. Within the scope of supervision, the Minister: 1) (2) shall exercise financial control over the Centre on the terms set forth in Article 31 Sections 1 and 2 and Article 31b of the Act of 30 April 2010 on the Principles of Financing Science and on the terms, and according to the procedure, set forth in the provisions on control within government administration; 2) shall approve the draft annual financial plan for the Centre and the draft financial plan based on performance budgeting principles for the budget year in question and for the two subsequent years; 3) shall approve annual financial statements of the Centre; 4) shall accept the report on the Centre s activities presented by the Director; 5) shall evaluate the Centre s activities on the basis of the report referred to in Item 4; 6) may request access to any of the Centre s documents. 3. In the case referred to in Section 2, Item 6, the Director shall submit to the Minister the documents requested within at most seven days of the date on which such a request is made. Chapter 6 Final Provision Article 44. The Act shall take effect on the date and pursuant to the principles set forth in the Act of 30 April 2010 on the Provisions Introducing the Acts Reforming the System of Science (Journal of Laws [Dz. U.] No. 96/2010, Item 620). 1) Amendments to the Act concerned were published in Journal of Laws [Dz. U.] No. 85/2001, Item 924, No. 154/2001, Item 1799, No. 113/2002, Item 984, No. 45/2003, Item 391, No. 60/2003, Item 535, No. 180/2003, Item 1759, No. 116/2004, Item 1207, No. 157/2009, Item 1241 and No. 28/2010, Item 143. 2) Amendments to the consolidated text of the Act concerned were published in Journal of Laws [Dz. U.] No. 94/2006, Item 658, No. 121/2006, Item 843, No. 99/2007, Item 662, No. 181/2007, Item 1293 and No. 157/2009, Item 1241. Endnotes: 1) Article 38 Section 2 Item 2 as amended by Article 20 of the Act of 16 December 2010 Amending the Act on Public Finance and Certain Other Acts (Journal of Laws [Dz. U.] No. 257/2010, Item 1726) as of 1 May 2011. 2) Article 43 Section 2 Item 1 as amended by Article 73 of the Act of 15 July 2011 on Control within Government Administration (Journal of Laws [Dz. U.] No. 185/2011, Item 1092) as of 1 January 2012.