LAW

ON

SCIENCE POLICY AND TECHNOLOGICAL DEVELOPMENT

LAW No, 7893, dated 22 December 1994

ON SCIENCE POLICY AND TECHNOLOGICAL DEVELOPMENT

Proceeding from article 16 of law no. 7491, dated 29 April 1991 "On basic constitutional provisions", upon proposal from the Council of Ministers,

THE PEOPLE'S ASSEMBLY

OF THE REPUBLIC OF ALBANIA

DECIDED AS FOLLOWS:

CHAPTER I

Article 1

Field of activity

This law defines the basics and principles of organization, management, operation and evaluation of the scientific and technological development activity in the Republic of Albania.

Article 2

Definitions

For the purpose of this law:

- Scientific and technological development activity (scientific and technological activity) means all systematic activities for the purpose of generating, enhancing, disseminating and utilizing scientific and technological knowledge in every field of science and technology. These activities include scientific research and technological development (shortly research and development), scientific and technical formation and training, scientific and technological services.

- Scientific research (research) means every systematic and creative activity for the purpose of enhancing the volume of scientific knowledge and the scope of its application with regard to the study of the nature, technique, production and also with regard to the study of man, culture and society.

- Basic research means every original theoretical and experimental activity for the purpose of generating new knowledge on observed facts and phenomena, of which knowledge no specific application or use is intended.

- Applied research means every creative original activity for the purpose of generating new knowledge towards a certain end or towards a specific practical use.

- Technological development (development) means every systematic activity for the purpose of technology transfer, to produce new materials, products and equipment, to introduce new production and organizational procedures or to radically improve the existing ones by making use of knowledge acquired through scientific research and practical experience.

- Scientific and technical formation and training means the activities of higher school (university and non-university), activities of training and continuous specialization and the systematic formation of scientists and specialists for research and development.

- Scientific and technological services means every systematic activity relating to research and development supporting the generation, dissemination and application of S&T knowledge (scientific and technical information; services of scientific and technical libraries; activities natural and technical museums; hydrological,geological, meteorological,seismological, pedological, radioactive,epidemiological and epizootical observations; metrological and calibrating services; quality control; data collection for social, economic, demographic phenomena; licensing and patenting activities, S&T consultancy).

- Institution-oriented funding means 2 fund earmarked for the maintenance and operation of the institution as one whole entity.

- Problem-oriented funding means funds earmarked for the implementation of programs and projects relating to certain issues.

Article 3

Priority

Scientific and Technological activities constitute a National Priority.

Article 4

Government support for S&T activities a national

1. The Government creates the legal and organizational conditions for the S&T activity and supports the activity of relevant state institutions and their personnel.

2. The Government also encourages the development of S&T activities outside the state institutions by private undertakers (organisms and persons), Albanian or foreign.

Article 5

Freedom and diversity of research and development

1. The freedom of scientific and technological development research is guaranteed by law.

It consists in:

- the choice of scientific subject-matter

- basic methodological principles,

- evaluation of research results.

- dissemination of these results.

Government supports aims establishing a fair relationship between freedom of scientific research and the necessity to make best use of the accorded funding.

2. State organisms, universities and higher schools and the Academy of Sciences shall ensure the diversity of sciences and the scientific development of the staff in their institutions.

Article 6

Targets and objectives of the scientific and technological activity

1. The scientific and technological activity has as its fundamental objective:

-the generation, enhancement and the transmit of S&T knowledge on every field, especially on the country's natural riches and the nation's spiritual, historical and cultural wealth;

-their rational use and exploitation to the benefit of the harmonious and democratic advancement of the society, the economy and culture.

2. Targets of the S&T activity are set in accordance with the above mentioned objectives and the strategy of the country's economic and social development.

3. The S&T activity abides by:

- scientific verity;

- protection and development of national interests;

- freedom to engage into, teach and acquire scientific knowledge;

- necessity of combine research with higher education;

- observance of intellectual property rights;

- moral responsibility for consequences of scientific work;

- international S&T cooperation.

4. Results of the S&T activity carries out by the institutions made available to the society. Property on such results is governed by the law on industrial property and other relevant legal dispositions.

Article 7

Scientific and Technological Policy

1. Government policy in the field of scientific research and technological development (hereinafter S&T policy) is an integral part of the all round strategy of the country's social and economic development and is an expression of the state's attitude towards this kind of activity.

2. The S&T policy shall:

- identify the objectives, orientations and priorities of the S&T activity in view of the country's social and economic development as a whole and separate specific regions in particular;

- identify the legal, administrative, financial and institutional mechanisms in the field of S&T to ensure a most efficacious use of the country's S&T potentials;

- identify the orientations and objectives for a further and continuous improvement of the structure of the network of scientific institutions and the consolidation of the universities into centres for S&T activity;

- strengthen functional and operational relationship between the S&T activity and the free market demands;

- compute public expenditure for the S&T technology;

- stimulate the integration of the national R&D activity into world's S&T activity;

- promote S&T activity on the regional level;

- encourage privatisation of the S&T activity;

- identify clear objectives for the formation and training of adequate personnel for R&D and strengthening of managerial capacities.

Article 8

Approval of scientific and technological policy

The scientific and technological policy is drafted by the Committee for Science and Technology, in collaboration with the Academy of Sciences, the ministries and other central bodies and with the participation of the research institutes and schools of higher education. The draft is then submitted to the Council for Scientific Policy and Technological Development, which together with its comments and recommendations puts its before the Council of Ministries for integration with the Government's strategy for the country's social and economic development.

Article 9

National R&D Programs

The objectives of the S&T policy are attained through national R&D programs. National R&D programs shall:

- identify R&D objectives under the relevant field;

- identify the institutions and scientific relevant and cooperating

- teams, including eventual foreign partners;

- identify necessary improvements in infrastructure to facilitate attainment of objectives;

- identify budgetary and eventual extra-budgetary funds;

- identify expected results and time limits.

Article 10

Approval of national R&D programs

The Committee for Science and Technology, based on the objectives of the approved S&T policy, publicizes priority fields to be national R&D programs. Program proposals can be submitted by school of higher education, the Academy of Sciences, the ministries and the research institutes they control, and by other interested parties.

Proposals are considered and evaluated by independent expertise. The Committee for Science and Technology prepares and submits the national R&D programs for the consideration and approval to the Council for Scientific Policy and Technological Development. The Committee for Science and Technology issues instructions on preparation, submittal, evaluation and approval procedures for the national R&D programs.

Article 11

Research and Development Projects National

R&D programs are applied through R&D projects. The Committee for Science and Technology is responsible for issuing instructions on the formulation, evaluation and approval of R&D projects.

CHAPTER II

SCIENTIFIC INSTITUTIONS

Article 12

Definition of scientific institutions

The following shall be named as government scientific institutions:

1. Universities, higher education schools and research institutes under their jurisdiction.

2. The institutes and research centres under the Academy of Sciences

3. The institutes and research centres under the Ministries, Committee for Science and Technology and Central Bodies;

4. National research centres.

Article 13

Legal statute

1. Creation, cancellation, merger or separation of government scientific institutions under article 12 (points 2, 3 and 4) shall only be effected by decision of the Council of Ministries made upon proposal from the ministries and central bodies, after prior consultation with the Committee for Science and Technology, the Ministry of Finances and the Council for Scientific Policy and Technological Development. Institutions contained in article 12, point I are subject to the Law on Higher Education.

2. Institutions contained in article 12 are legal persons.

3. Universities and schools of higher education as well as the Academy of Sciences are entitled to the right to autonomy under this Law, the Law on Higher Education and the Statute of the Academy of Sciences respectively.

Article 14

Duties of the scientific institutions

Institutions mentioned in article 12 are continuously engaged to serve the development of science and technology in the relevant fields, transfer of technology, the constant training of their personnel and the formation of new scientists. They are also charged with specific duties dictated by the country's development interests.

Article 15

Programming and reporting

1. Institutions mentioned in article 12 formulate development plans specifying duties and prospective progress both in general and also with regard to every constituent unit; the R&D objectives and targets; responsibilities for every post, requirements to be met by the personnel, utilization of the existing scientific equipment and premises and identification of the needs in that respect.

2. Prospective development plans are broken down into annual work- plans specifying the development of the institution's activity over one year periods.

3. The institutions are accountable to the supervising ministry or the relevant central body. They report their activity at the end of the calendaric year.

Article 16

Supervision

1. Institutions mentioned in article 12 are subject to government supervision especially with regard to the budget and economic issues (utilization of government budget; posts and personnel, administration of assets, accounts and finances, investments). With regard to issues relating directly to scientific research and technological development, government supervision is limited only to legal aspects (observance of legal and sub-legal acts and the relevant agreements and contracts).

2. Government supervision is exercised through the supervising ministries or the relevant central bodies. The Council of Ministries issues provisions to this effect.

Article 17

Universities and schools of higher education

Universities and schools of higher education as well as their constituent units, are organized, managed and operate as scientific institutions as stipulated by the Law on Higher Education and the provisions of this present law.

Article 16

The Academy of Sciences

1. The Academy of Sciences of Albania (hereinafter the Academy), is a central national scientific institution comprising the scientific institutes and the Assembly.

2. The Academy is a Council of Ministers legal person under the jurisdiction of the Council of Ministers

3. The Academy has the following duties:

- conduct scientific research, both basic and applied, in various fields of the social; humanitarian, natural and albanological sciences;

- promote the opening up of new fields for scientific research to respond to the country's needs;

- submit to the relevant government authorities important issues concerning the situation of scientific research and technological development in different fields and the ways for scientific and cultural development;

- work towards the integration of the Albanian science into the world science.

4. The assembly of the Academy is made up of member correspondent-members of the Academy among the most distinguished scientists and the outstanding representatives of the country’s culture. The number of members and correspondent members of the Academy is subject to deliberation by the Council of Ministers. The Academy also comprises honorific members.

5. The Board of Directors of the Academy is created to manage the activity of the scientific institutions under the Academy. The Board of Director is made up of the chairman of the Academy, the deputy chairmen, the scientific secretary and the directors of the scientific institutions of the Academy.

6. The Academy has its statute endorsed by the Council of Ministers. The stature contains regulations on the election of the Academy members, organization, management and operation of the scientific institutions and the other organisms, etc.

Article 19

Scientific institutions under the ministries and central bodies

1. Scientific institutions under the ministries and central bodies engage into research, development and designing activities, mainly applicative, in relevant fields, to contribute to knowledge on natural riches and their utilization and exploitation, the development and transfer of technologies, the introduction of new products, etc. The main orientations of the institutions activity are specified in the document of its creation.

2. Depending on the nature and specifics, the organizational structure of the scientific institutions may contain departments; sectors; research; development and design units; scientific and technological services for technology transfer and the introduction of new products. The Board of Directors is responsible for determining the organizational structure of the relevant institution which is subject to approval by the supervising ministry.

Article 20

Managing structures of the scientific institutions

of the ministries and central bodies

1. Managing structures of the scientific institutions mentioned in article 12 (points 2, 3 and 4) are the Board of Directors and the Director.

2. The Board of Directors is composed by the director of the scientific institution, scientific and administration staff and as a rule also by representatives from the entities engaging into economic activities relating to the institution.

The number of members and the composition of the Board of Directors is subject to approval by the Minister or the head of the relevant central body upon proposal from the institution.

The Director of the Institution is president of the Board of Directors

3.

a) The Board of Directors considers and approves:

- the institution's developmental plan;

- the financial plan and funding issues of the institution;

- issues relating to posts and social concerns relating to work conditions;

- reports from the Director on the progress of the development plan and the situation with regard to the institution's financial plan.

b) The Board of Directors considers an makes recommendations on:

- the institution's organizational structure;

- the institution's internal rules and regulations.

4. The Director:

- organizes manages and is responsible for the operation of the institution;

- represents the institutions in all legal transactions;

- convenes and chairs the meetings of the Board of Directors and of the Scientific Council and puts their decisions into effect.

- fills vacancies based on test results;

- issues orders and instructions and enforces sanctions in accordance with the relevant legal dispositions;

- Reports to the Board of Directors on the progress of the institutions development plan and funding situation;

- reports to the Board of Directors on work progress with regard to the institution's R&D activity.

- reports to the ministry or the relevant supervising body at the end of the calendarial year.

- The director is nominated by the minister or the head of the relevant central body from among a minimum of two candidatures submitted by the Board of Directors. He is nominated for a three year period and can keep office for only two consecutive terms.

In Article 21

Scientific Council

1. A Scientific Council is created and operates at every scientific institution mentioned in article 12 (points 2, 3 and 4).

a) The Scientific Council considers and approves:

- the R&D projects maintained by the institution and the projects to which the institution is a partner; feasibility studies for projects and conclusive studies at project termination.

- the S&T cooperation agreements with local and foreign institutions;

- the director's report on the progress of the institution's plans for the development of the R&D activity.

b) The Scientific Council considers and makes recommendations:

- on the national programs in which the institution is involved before submitting them to the Ministry or the relevant supervising institution;

- on matters pertaining to training and scientific specialization as specified in the institution's development plan;

- on the evaluation of the institutions R&D activity as performed by the institution itself or by organisms outside the institution;

- on other matters, especially on matters pertaining to studies and investments in the field covered by the institution, when so requested by the minister or the head of the relevant supervising body, by the committee for Science and Technology or by the Council for Scientific Policy and Technological Development.

2. The Scientific Council is made of internal and outer members. The internal members are selected by secret voting from among the institution’s scientific staff. The outer members, constituting not more than one third of the total number are proposed by the institution's director.

Nominations of the members of the Scientific Council are made by the minister or head of the relevant supervising body for a renewable three year term.

Article 22

Regulations

The ministries and other relevant supervising bodies are responsible for the consideration and approval of the regulation governing the organization and operation of the institutions falling under their jurisdiction. Regulations should reflect the present law and the instructions issued by the Committee for Science and Technology. The institutions mentioned under article 12, point I are exempted from this article and governed by the Law on Higher Education.

Article 23

National Centres for Scientific Research

The creation of National Centres for Scientific Research is subject to the procedure described in article 13, point 1. The statute of national research centres is subject to approval by the Council of Ministers.

Article 24

The profit making activity of the scientific institutions

Scientific institutions described in article 12, within the framework of their fundamental duties and their responsibilities and in accordance with their specializing fields, are entitled to engage into scientific and technological activities (studies, designing, expertise, courses, etc.) for third parties (companies, firms, legal and physical persons, private or public, native or foreign) for the purpose of ensuring financial sources subject to administration as prescribed by the relevant dispositions.

Article 25

Joint and international institutions

1. The creation of scientific institutions jointly with foreign legal or physical persons is subject to the Albanian legislation.

2. International scientific and technological centres are created on the basis of a request submitted by an international organism or association with or without the collaboration of an Albanian institution and is subject to consideration and approval by the Council of Ministers. The operation of such centres is governed by joint agreements.

Article 26

International Cooperation

1. Scientific institutions mentioned in article 12 establish relations and conclude agreements with scientific institutions of foreign countries or with international counterparts as specified under relevant governmental agreements.

2. These institutions, within the framework of their fundamental responsibilities, establish direct relations and agreements with international and foreign institutions.

CHAPTER III

MANAGEMENT BODIES

Article 27

The council for Scientific Policy and Technological Development

1. The Council for Scientific Policy and Technological Development is created at the Council of Ministers. The council for Scientific Policy and Technological Development:

a - Defines and manages the S&T policy country's social and economic development. as best suited to the

b - Approves the orientations and priorities of the S&T policy and national R&D programs.

c - Makes recommendations with regard to the draft laws and draft decisions on the S&T activity to be submitted for the consideration and approval of the People's Assembly and the Council of Ministers.

d - Makes the periodical evaluation of the achievements of the S&T policy.

e - Charges the government bodies with duties relating development and utilization of scientific potentials.

f- Establishes commissions and working groups on temporary or permanent basis on certain matters.

2. The Council for Scientific Policy and Technological Development is made up by heads of ministries and central bodies and dist