Whereas,
  
  
    Scientific Knowledge is one of the fundamental pillars of modern societies’
    progress, its economic tissue and societal problems and it depends
    primarily on the development and implementation of scientific projects
    involving human, material and technical resources allied to researchers’
    creativity and dedication.
  
  
    Within the scope of its duties, it is the responsibility of Fundação para a
    Ciência e a Tecnologia, I.P. (FCT,I.P.) to fund programs and projects and
    follow-up their execution within the areas of scientific research and
    technological development pursuant to paragraphs a) and c) of article 3 (2)
    of its Organic Law, approved by Decree-law no. 55/2013, of 17 April.
  
  
    In its Program, the XXI Constitutional Government defends the strengthening
    and systematization of tenders for supporting projects by Fundação para a
    Ciência e a Tecnologia, I.P., guaranteeing the periodicity and
    foreseeability of assessments and different typologies of tenders.
  
  
    That the aim of public support to projects is to reinforce scientific and
    technological activity, by stimulating projects with different typologies
    and guaranteeing an incentive frame that supports sustainability and
    foreseeability in the institutions’ operation.
  
  
    That, subsequent to the publication of the Specific Regulation of the
    Domain of Competitiveness and Internationalization (RECI), as annex to
    Order no. 57-A/2015, of 27 February, in its current wording, specifically
    its Part IV - Support system to scientific and technological activity, that
    outlines the regulation for projects with co-funding by structural and
    investment funds, it is urgent to approve a new regulation to update the
    assessment and funding rules of projects which are solely funded by
    national funds through FCT, I.P., making it compatible and aligned with
    RECI general lines.
  
  
    That this regulation is compatible with the Regulation on State Aid, namely
    Regulation (EU) no. 651/2014, of 16 June (General Regulation on Exemption
    per Categories, RGIC).
  
  
    Opinions received by the Scientific Councils from FCT, I.P.
  
  
    Contributions received at the time of publication of the beginning of the
    procedure and public consultation carried out with regard to the Regulation
    proposal.
  
  
    Thus, and pursuant to a) and c) of article 3 (2) of Decree-law no. 55/2013,
    of 17 April which approves the Foundation organic law for Ciência e
    Tecnologia, I.P. and paragraph h) of article 21 (1) and paragraph b) of
    article 41 (2) of the Framework law of Public Institutes, approved by Law
    no. 3/2004, of 15 January, in its wording given by Law no. 66-B/2012, of 31
    December, the Regulation on projects solely funded by national funds is
    herein published, which was approved by his Excellency the Minister of
    Science, Technology and Higher Education on October 9, 2016.
  
  
    Article 1
    Scope and Object
  
  
    - This Regulation outlines access conditions and support rules to
    projects funded solely by national funds through Fundação para a Ciência e
    a Tecnologia, I.P.
    
- This Regulation applies to the entire national territory.
    
- In the Regulation for submission, other technical conditions or
    restrictions to the rules described in this Regulation can be outlined.
    
    Article 2
    Projects Typology
  
  
    Projects which can be supported are the ones that can be framed within one
    of the following typologies, without prejudice of others that can be
    outlined further on:
  
  
    - Scientific research and technological development projects
    (SR&TD);;
    
- Research projects of explanatory type (PeX), oriented to supporting
    original ideas without being based on preliminary outputs;
    
- Programs of joint activities (JAP) which are thematic and
    multidisciplinary projects designed for non-entrepreneurial entities
    consortia from the Research and Innovation system (R&I), set out with
    the aim of submitting proposals that contribute to answer significant
    challenges or, where appropriate, to bridge gaps identified within the
    scientific and technological tissue, being that experimental development
    activities can be framed;
    
- Projects of Proofs of Concept (PdC) aiming the valuation of knowledge
    already produced in previous research projects, including the production of
    laboratory prototypes or where relevant, semi-industrial pre-series,
    representatives of potential future applications for initial demonstration
    of the discovery potential and its dissemination with the economic tissue
    from non-entrepreneurial entities from the R&I system;
    
- Projects of development and implementation of research infrastructures
    included in the national research infrastructures roadmap (RNIIE);
    
- Projects of transnational cooperation that require national co-funding
    within their execution component.
    
    Article 3
    Beneficiaries
  
  
    - The following are individual or co-promotion
    beneficiaries:
      
        - Non-entrepreneurial entities of the R&I system, namely:
 i. Higher education institutions, their institutes and R&D
          units;
 ii. State or international laboratories with head office in
          Portugal;
 iii. Non-profit private institutions whose main object is R&D
          activity;
 iv. Other non-profit public and private institutions developing or
          participating in scientific research activities.
- Companies of any type and under any legal form if included in
        SR&TD projects led by non-entrepreneurial entities from the R&I
        system.
        
 
- The potential involvement of foreign entities, as partners in the
    project, does not grant them the status of funding beneficiary, except if
    such arises from a specific agreement or from an international reciprocity
    mechanism duly subscribed by FCT, I.P. and authorized by a higher entity.
    
- The beneficiary leading the project is appointed by the
    Proposing Institution (PI), and it is its responsibility to dialogue with
    FCP, I.P. on behalf of its partners as well as to coordinate the project.
    
- Entities mentioned in paragraph b) of no. 1 cannot be Proposing
    Institutions, except within the frame of tenders included in transnational
    cooperation programs.
    
- Whenever several entities participate in the project under
    co-promotion, the application must state the responsibility of each
    institution within the execution of the activity plan and which is the PI.
    
- In the case of transnational cooperation projects, all participating
    Portuguese institutions are individually interlocutors from FCT, I.P.
    
    Article 4
    Modalities of applications
  
  
    - Beneficiaries can apply within the scope of projects typologies
    foreseen in article 2, with the exception foreseen in paragraph c)
    according to the following modalities:
      
        - Individually (projects presented by one beneficiary);
        
- In co-promotion (projects presented by two or more beneficiaries).
        
 
- The project’s typology foreseen in paragraph c) of article 2 can only
    be presented within the co-promotion modality.
    
- The participation of companies as co-promoters is accepted within all
    the projects’ typologies foreseen in article 2, with the exception foreseen
    in paragraph e).
    
    Article 5
    Criteria of the beneficiaries’ eligibility
  
  
    - 1- If notified to do so, and where applicable pursuant to their nature,
    and without prejudice to other requirement foreseen in the applicable
    European legislation or in specific applicable regulation, beneficiaries
    must state or prove that they meet the following criteria:
      
        - a) To be legally incorporated;
 b) To have their tax payments in order with the tax administration
          and their contributions in order with social security, being that
          these situations must be verified until the time of signing the
          acceptance document;
 c) To be able to legally develop activities covered by the typology
          of the project to which they apply;
 d) To have their situation in order with regard to refunds and within
          the scope of funding granted through FCT, I.P.
 
- Eligibility criteria of beneficiaries outlined in the previous numbers
    must be reported to the date of application, without prejudice of the ones
    outlined in paragraphs b) and c) of no. 1 of this article being reported
    until the moment of signing the acceptance document.
    
- Non-entrepreneurial entities of the R&I system must ensure that
    support to be granted does not fall within the State aid regime, pursuant
    to the terms foreseen within the framework of state aids for research,
    development and innovation (Communication from the European commission
    2014/C198/01), related to public funding of non-economic activities.
    
- During the application phase, beneficiaries must undertake the
    fulfilment of applicable national and community laws, in written, and
    specifically within the areas of competitiveness, environment, equal
    opportunity, gender equality and public procurement, where applicable.
    
    Article 6
    Criteria of the projects eligibility
  
  
    - Projects eligibility criteria are the following:
      
        - Identify a person in charge of the project who is appointed
        Researcher in Charge (RC), and who shall be co-responsible for the
        proposing institution, the application, project direction, fulfilment
        of aims proposed and of rules underlying the granting of funds;
        
- The RC identified cannot be in a situation of unjustified
        non-fulfilment of the regulatory requirements with regard to the
        presentation of reports on scientific execution of projects concluded
        and financed through FCT, I.P. and in which it acted as a RC.
        
- Ensure that the RC has or shall have at the time of signing the
        project’s acceptance document a labour bound or that he/she holds a
        post-doctoral grant with the PI or, in case there is no such situation,
        a written agreement between the parties;
        
- Identify a co-responsible for the project, who shall be a
        co-Researcher in Charge, when stated in the notice of applications
        submission and who shall replace the RC when the latter cannot attend
        or is prevented from attending;
        
- Provide a technical characterization and a substantiated budget
        with a costs structure appropriate to the aims pursued;
        
- When applicable, justify the research project’s contribution within
        the scope of the research strategy of beneficiary entities;
        
- Provide a plan of disclosure of outputs and dissemination of
        knowledge and, when applicable, a strategy for knowledge transfer;
        
- Have a maximum duration of 36 months, being that extensions can be
        authorized for a maximum of 12 months, in duly justified cases.
        
 
- For projects which include companies shareholdings as co-promoters, the
    following requirements must also be met:
      
        - a) Ensure that companies, as
        beneficiaries, do not hold eligible expenditure higher than 30% of the
        project’s total;
 b) Ensure that there are no direct aids to the companied involved,
          being that they must fulfil one of the following conditions:
 i. The outputs of the collaboration between the
          participating entities that do not give rise to intellectual property
          rights are widely disclosed and the intellectual property rights
          arising from non-entrepreneurial entities from the I&D system are
          fully allocated to those entities;
 ii. Any intellectual property rights arising from the
          project, as well as related access rights are allocated to different
          collaborating partners in a manner that appropriately reflects their
          tasks, contributions and interest within the project.
 
- In the case of projects of proofs of concept (PdC), only research teams
    which have successfully concluded research projects of which the outputs
    sustain proofs of concept that they wish to develop can be supported.
    
- Regulations for submission of applications can establish the maximum
    number of applications submitted for each RC and co-RC.
    
- No multiple applications of the same projects are admitted:
      
        - a) In different scientific areas of the
        same tender;
 b) In different tenders in which there is temporal overlap within the
          applications reception periods;
 c) In the case of applications to tender of different theme scopes,
          and which take place in periods of different applications reception,
          the funding recommendation within one of them is a condition for
          exclusion from the decision process of the remaining ones.
 
- Applications which have been submitted in previous editions of the same
    tender and about which no decision process is ongoing are not admissible to
    the application tender.
    
- Applications to projects of which the PIs are in unjustified default
    related to the refund of loans transferred to the said PI related to
    previous projects with the same RC are not accepted.
    
- Applications to projects of which the RC or the co-RC have been RCs of
    projects of which the final scientific report was rejected for reasons
    attributable to them within the two previous years before the tender
    opening are not accepted.
    
    Article 7
    Form of support and funding rate
  
  
    - Supports to be granted are non-refundable.
    
- Payments made directly or indirectly to companies through the Proposing
    Institution cannot exceed 50% of the total cost of the company
    shareholding, and in the case of non-fulfilment of the thresholds foreseen
    by Regulation (EU) no. 1407/2013 of 18 December, applicable to Minimis
    Aids, they must meet the conditions set out in Regulation (EU) no.
    651/2014, of 16 June (General Block Exemption Regulation, RGIC) for the
    exemption of notice foreseen in no. 3 of article 108 of the Treaty to be
    present.
    
    Article 8
    Eligible expenses
  
  
    - For the projects typology foreseen in paragraph a) to d) and f) of
    article 2, the following expenses are eligible:
      
        - a) Direct costs:
 i. Expenses with human resources dedicated or related
          to the development of R&D activities related to the project
          execution in all mandatory components by the applicable labour
          legislation, including charges with grant holders directly supported
          by the beneficiaries;
 ii. Expenses with missions in the country and abroad,
          and directly attributable to the project;
 iii. Acquisition of scientific and technical tools and
          equipment, indispensable to the project if used within the project
          during their useful life time;
 iv. Amortization of scientific and technical tools and
          equipment indispensable to the project and of which the useful life
          time falls within the execution period, but does not end within that
          period;
 v. Subcontracts directly related to the project
          scientific tasks’ execution;
 vi. Expenses related to the national and foreign record
          of patents, copyrights, usefulness models and drawings, national
          models or brands when related to other forms of intellectual
          protection, namely rates, researches to the status of the technique
          and consulting expenses;
 vii. Expenses with the demonstration, promotion and
          disclosure of project’s outputs, namely dissemination fees within the
          fulfilment and pursuant to national policies of open access;
 viii. Adaptation of buildings and facilities when
          indispensable to the project execution for environmental and safety
          reasons;
 ix. Acquisition of other goods and services directly
          related to the project execution, including costs with consultants
          that do not establish subcontracts;
 x. In-kind contributions.
 b) b) Indirect costs.
 
- For the development projects and implementation of research
    infrastructures typology, the following expenses are eligible:
      
        - a) Expenses with human resources in all
        components that are mandatory due to the applicable labour legislation
        and seen as indispensable for the infrastructure implementation and
        development, including charges with grant holders directly supported by
        the beneficiaries under conditions to be set out in the Regulations for
        submission of applications;
 b) Acquisition of scientific and technical tools and equipment,
          including computing and programming systems and communication
          networks that promote digital open access and other scientific
          resources such as scientific data archives and databases;
 c) Construction or adaptation of physical facilities.
 
- In the case of companies, expenses mentioned in sub-paragraph viii of
    paragraph a) of no. 1 are not eligible and expenses foreseen in
    sub-paragraph vi) of the same paragraph are supported under the regime of
    de minimis for non-SMEs.
    
- 4- Eligible costs outlined in the beneficiary payment requests are
    based on real costs and must be justified through invoices paid or other
    accounting documents of similar probationary value, except the modality of
    simplified costs is foreseen.
    
- When there is indirect costs allocation, these shall be calculated on a
    simplified costs base, by means of the application of a fixed rate of 25%
    of direct eligible costs with exclusion of subcontracting and resources
    made provided by third parties.
    
- For purposes of determining costs with staff related to the project
    execution, the following methods can be applied:
      
        - a) Refund of costs effectively levied and
        paid;
 b) Methodology of simplified calculation based on the application of
          an hourly rate, calculated by dividing the gross yearly costs with
          the most recent work, duly documented by 1720 hours;
 c) Standard cost model in the case of expenses with research grant
          holders based on the reference values foreseen in annex I of the
          regulation with research grants from Fundação para a Ciência e a
          Tecnologia, I.P., for the different categories of grant holders.
 
- To determine the value of the reimbursable eligible expenses, Value
    Added Tax (VAT) is deducted whenever the beneficiary entity (proposing or
    participant) is liable for VAT and can exercise the right to such
    deduction.
    
- Expenses eligibility is determined by their nature, reasonability and
    adequacy to the applicable legislation.
    
- Only expenses with supporting invoices or equivalent documents can be
    funded pursuant to the 
      VAT Code and receipts or equivalent payment documents, being that all
      fiscal requirements present in the Code must be met, as well as the
      public procurement terms if applicable.
    
    Article 9
    Non-eligible expenses
  
  
    - The following are non-eligible expenses:
      
        - Charges with financial operations, commissions and exchange losses
        and other expenses that are solely financial expenses;
        
- Acquisition of vehicles;
        
- Construction, acquisition or amortization of buildings, including
        lands;
        
- Grants supplements;
        
- Bonuses, gratifications and wage supplements;
        
- Expenses with fines, legal proceedings ad financial sanctions;
        
- Refundable VAT, by any means, even if it was not or shall not be
        effectively recovered by the beneficiary;
        
- Other taxes, contributions or rates, namely direct taxes and social
        security contributions on remunerations and wages, except if final and
        definitively borne by the beneficiary;
        
- Amortization of existing equipment within the component that was
        co-funded under other national or international programs;
        
- Transactions between entities participating in the project;
        
- Payments in cash made by the beneficiaries to their suppliers,
        except in situations where this is the usual payment method pursuant to
        the type of expenses and if under a unit amount lower than 250 euros;
        
- l) Expenses object of this funding by any other national or
        European program, with the exception of those framed within State aids,
        and if the total public support does not exceed the maximum limits
        foreseen in the community regulation;
        
- Expenses prior to the date of project beginning stated in the
        acceptance document;
        
- Expenses paid within the scope of contracts carried out through
        intermediaries or consultants, and in which the amount to be paid is
        expressed in a percentage of the co-funded amount or the eligible
        expenses of the operation;
        
- Expenses related to the project execution, and of which the payment
        is not carried out via bank account of the corresponding beneficiary
        entity, without prejudice to the situations in which such procedure
        cannot be ensured and of which the proof of financial flow related to
        the transaction is provided;
        
- Expenses proven by internal documents issued by beneficiary
        entities without being accompanied by the corresponding invoices or
        equivalent documents and payment documents that prove the acquisition
        and payment of goods and services;
        
- Remunerations and other remuneration supplements from teachers,
        researchers and other staff with an indefinite period of time contract
        with Public Administration previously constituted, except if otherwise
        foreseen in the applications submission notice.
        
 
- In the case of research infrastructures development and implementation
    projects, maintenance and operating expenses are not eligible.
    
- FCT, I.P. can set out other limits to expenses eligibility by means of
    the applications submission notice.
    
    Article 10
    Applications submission
  
  
    - Applications submission is carried out within the scope of a tender
    procedure, being equally admitted the submission of applications in a
    continuous or invitation regime, when its adequacy to the intervention
    typology is justified.
    
- In the case of research projects applications, their main components
    must, in general, be submitted in English.
    
- Applications are submitted in the period and pursuant to the conditions
    outlined in the applications submission notice.
    
    Article 11
    Applications submission notices
  
  
    - Notices for submitting applications must include the following
    elements:
      
        - Objectives and priorities aimed at;
        
- Type of beneficiaries;
        
- Projects typology and areas to be supported;
        
- Indicative funding allocation to be granted;
        
- Limits to the number of applications to be submitted by the RC and
        the beneficiary;
        
- Rules and limits to the expense eligibility, namely through
        identification of non-eligible expenses when more restrictive than
        those provided for article 9.
        
- Conditions of funding allocation, namely type, rates and minimum
        and maximum amounts;
        
- Projects assessment criteria, which specifies the assessment
        methodology described in the assessment guide, with indication of the
        minimum merit threshold;
        
- Elements to be sent by the beneficiary;
        
- Contact point where additional information or clarifications can be
        obtained.
        
 
    Article 12
    Verification of admissibility and eligibility of applications
  
  
    - Verification of formal requirements of admissibility and
    eligibility of proposing entities and projects is carried out by the FCT,
    I.P. services.
    
- Non-provision by the applicant of clarifications, information or
    documents requested within 10 business days implies application withdrawal.
    
    Article 13
    Assessment panels
  
  
    - Assessment is carried out by independent expert panels, mainly
    affiliated to foreign institutions with experience and recognized merit and
    repute. Besides the experts, the assessment can include external assessors
    who remotely assess proposals in their expertise area.
    
- Assessment panels are constituted for each tender, guaranteeing the
    disciplinary representativeness of the scientific areas present in the
    tender.
    
- The impartiality guarantees regime foreseen in articles 69 to 76 of the
    Administrative Procedure Code, as well as the one related to
    confidentiality, transparency and non-existence of interest conflicts are
    applicable to the assessment and selection procedure.
    
- The FCT, I.P. Director Council appoints the experts that comprise the
    assessment panels and the external assessors. The list of experts
    comprising the panels is approved by the supervisory entity.
    
- Each panel coordinators are identified in the internet FCT, I.P portal
    up to the limit date to submit applications. The remaining panel members
    are identified after the assessment process conclusion.
    
- It is the responsibility of the experts panels mentioned in no. 1 to:
      
        - a) Apply the assessment criteria set out
        in the notice for applications submission and the assessment
        guide;
 b) Elaborate an assessment opinion on each project;
 c) Select and rank applications to be funded;
 d) Elaborate a Final Report including outputs, critiques or
          recommendations that can contribute to improve the assessment system;
          The Final Report must identify all interest conflict situations
          verified during the panel operation.
 
    Article 14
    Applications assessment criteria
  
  
    - Applications are assessed taking into account the proposal
    merit based on the criteria set out in the applications submission notice
    and the corresponding assessment guide.
    
- Applications assessed and subject to the tender regime are listed in
    diminishing order according to the proposal merit and selected up to the
    budget limit outlined in the applications submission notice, without
    prejudice to this limit being reinforced per decision of FCT, I.P and a
    minimum merit threshold set out in that notice is verified.
    
    Article 15
    Notice of decision proposal, prior hearing and decision
  
  
    - FCT, I.P. notifies the RC and the PI of the decision proposal and of
    the opinion of the corresponding assessment panel, without prejudice to the
    exemption provided in the Administrative Procedure Code, and within twenty
    business days after the reception of opinions and reports from the
    assessment and selection panels.
    
- 2- The FCT, I.P. Director Council can notify the decision
    proposal before receiving all the opinions.
    
- If the decision proposal is accepted, the RC formalizes its acceptance
    within the ten business day deadline at the FCT, I.P. portal and must
    insert all corresponding changes in the budget if the funding proposed is
    less than the one in the program presented.
    
- The RC can, if he/she wishes to do so, state his/her opinion on the
    decision proposal within ten business days counting from the decision
    proposal notice.
    
- Comments presented by the RC for the decision proposal are assessed:
      
        - a) by FCT, I.P. with regard to
        administrative and/or procedural aspects;
 b) By the panel which carried out the assessment with regard to
          matters of scientific nature.
 
 
- The administrative and procedural observations and the scientific
    observations are submitted simultaneously to the FCT, I.P. portal.
    
- After the conclusion of procedures mentioned in the previous numbers,
    and pursuant to terms of article 17 and of art. 18 (1), FCT, I.P. notifies
    the RC and the PI of the decision.
    
    Article 16
    Claim
  
  
    - After the decision notice, claims can be submitted to the FCT, I.P.
    Director Council within fifteen business days.
    
- The claim is analysed:
      
        - a) by FCT, I.P. with regard to
        administrative or procedural aspects;
 b) by a second independent experts panel, with regard to the
          scientific merit which recommend the maintenance or the change of the
          decision in a duly justified manner.
 
- Confirmation of the presence of gross errors or negligent acts is the
    basis for the change of decision.
    
- The FCT, I.P. director Council, or some of its members to which it
    might delegate this competence, appoints the members comprising the experts
    panels mentioned in number 2 paragraph b). The list of experts comprising
    the panels is approved by the supervisory entity.
    
- The experts panels mentioned in no. 2 paragraph b) must also elaborate
    a Final Report including outputs, critiques or recommendations that can
    contribute to improve the assessment system. The Final Report must identify
    all interest conflict situations verified during the panel operation.
    
- FCT, I.P. communicates the final decision on the claim process results
    to the RC after fulfilment of process in article 17.
    
    Article 17
    Funding decision process
  
  
    - The Director Council, with the possibility to delegate in its members,
    submits the funding decision to the supervisory entity approval.
    
    Article 18
    Acceptance document and date of projects beginning
  
  
    - The notice on the projects funding decision is made to the PI and/or to
    the RC within a maximum of 15 business days after knowing about the final
    decision approval pursuant to the previous article.
    
- With the funding decision notice sent to the PI and to the RC, and in
    situations that do not breach the content of article 5, the Acceptance
    Document is returned to FCT, I.P. within 30 business days, signed by those
    who have legal capacity for binding the Proposing Institution and the
    Participating Entities, as well as by the Researcher in Charge, being that
    this deadline can be extended if the Proposing Entity provides FCT, I.P.
    grounds for such extension.
    
- In the case of projects carried out in co-promotion, a protocol
    concluded between the co-promoters involved, who have funding from FCT,
    I.P. or their own funding, must be provided up to the time of signing the
    acceptance document, explaining the cooperation scope of the entities
    involved, the PI identification, the joint responsibility, the parties
    rights and duties and, if applicable, issues related to confidentiality,
    intellectual property and the end ownership of goods and products acquired
    and developed during the project’s execution.
    
- Non-return to FCT, I.P. of the duly signed Acceptance Document and the
    protocol mentioned in the previous number, and within the period mentioned
    in no. 2, when applicable, and for reasons attributable to the Proposing
    Institution determines the expiry of the support granting decision.
    
- The projects’ starting date cannot exceed 90 consecutive days after the
    date of the notice related to the funding decision to the RC and PIs,
    except in situations duly justified to FCR, I.P. and by decision of its
    Director Council.
    
    Article 19
    Projects changes
  
  
    It is the responsibility of the RC, with the validation from the PI, to
    execute the following changes needed for the correct execution of the
    project and that do not need the FCT, I.P. approval:
  
  
    - a) budget changes, if within the full funding
    granted and within the budget approved for each beneficiary entity or
    within the limits set out in the applications submission notice;
 b) type of expenses in each budget heading foreseen in the application
      and approved;
 c) number and type of human resources to be hired;
 d) equipment proposed during the application phase.
    - Budget changes and others changes mentioned in the
    previous number are duly identified and grounded in electronic platforms or
    other means appointed by FCT, I.P. and shall be taken into account in the
    expenses eligibility analysis.
    
- The change of RC, beneficiaries and the corresponding financing maximum
    or the projects’ objectives do not need approval from the FCT, I.P., being
    that they must be formalised through the provision of the written document
    containing the detailed information that grounds the needed change.
    
- Authorization for extension request can only be granted in duly
    justified cases.
    
- No extension requests that exceed the end date more than 12 months from
    the date initially approved are authorized.
    
    Article 20
    Payments
  
  
    - An advance payment of a minimum of 15% of the funding approved for the
    project is made to the PI by FCT, I.P. after the Acceptance Document
    return.
    
- The advance payment is made up within a maximum of 30 business days
    after the date of reception of the Acceptance Document.
    
- The PI receives payments as refunds for each list of proven
    expenditure, with amounts that allow the progressive reduction of the
    advance payment amount mentioned in no. 1.
    
- No payments can be made without proving that the situation towards
    Social Security and the Tax Authority is in order.
    
- The sum of the payments can never exceed 95% of the global approved
    funding before the project’s closing.
    
- The remaining amount, until the approved funding, is paid after the
    scientific and financial components of the project are closed and by means
    of a final refund payment.
    
    Article 21
    Expenditure justification
  
  
    The expenditure justification is made via electronic submission of the
    identifying lists of expenses paid, and in a specific form provided through
    the FCT, I.P internet portal.
  
  
    Article 22
    Support reduction or revocation
  
  
    - Non-fulfilment of the beneficiary’s obligations, as well as the lack of
    or loss of any support granting requirements can determine their reduction
    or revocation.
    
- Where applicable, and among others, the following are grounds
    susceptible of determining the project’s support or expenses reduction, or
    if the situation continues, its revocation:
      
        - Total or partial non-fulfilment of the beneficiary’s obligations,
        including the expected outcomes;
        
- Non-justification of expenses, except within the scope of funding
        in simplified costs regime or allocation of higher amounts to the ones
        legally allowed and approved or non-eligible amounts;
        
- Not accounting for revenues arising from projects in the amount
        attributable to the said projects;
        
- Allocation of expenses not related to the project’s execution or
        not justified by means of invoices or equivalent documents accepted by
        tax authorities, as well as expenses not accounted for in accounting;
        
- Non-fulfilment of standards related to information and
        dissemination and scientific publications’ disclosure generated within
        the scope of the project, pursuant to the FCT, I.P open access policy,
        being the reduction set out in accordance to the non-fulfilment
        seriousness;
        
- Disrespect for the applicable European and national legislation,
        namely with regard to public procurement and financial instruments;
        being that in this case, a reduction proportional to the seriousness of
        the non-fulfilment shall be applied without prejudice to the applicable
        European legislation, namely the one from the financial corrections
        table approved by the European Commission.
        
 
- The following are grounds susceptible of determining the revocation of
    project or expenditure support:
      
        - Execution of the approved project does not start within 90 days
        after the funding decision notice date to the RC and the PI;
        
- Beneficiaries do not send the acceptance document to FCT, I.P.
        within 30 business days from the funding decision notice date;
        
- Non-fulfilment of regulations or commitments undertaken which
        undermine the achievement of objectives set out for a reason
        attributable to the Proposing Institution and/or the Participating
        Entities and/or the Researcher in Charge, as well as refusal to
        disclose information or other relevant elements requested;
        
- Non-fulfilment, for a reason attributable to the Proposing
        Institution and/or the Participating Entities, of their legal
        obligations, namely tax and social security obligations;
        
- Provision of false information on the beneficiary situation,
        vitiation and falsification of the beneficiary data during the
        application, assessment, signing of acceptance document and/or
        follow-up of project execution phases, including scientific outputs,
        scientific reports and elements sustaining expenses (presentation of
        same costs to more than one financing entity, without application of
        criteria duly grounded or to other entities in charge of public
        procurement);
        
- Non-fulfilment of essential objectives outlined in the application
        for reasons attributable to beneficiaries, justified, namely, by the
        non- approval of the project’s final scientific report;
        
- Total non-performance of the application pursuant to the terms
        within which it had been approved;
        
- Presence of changes in the elements determining the approval
        decision that undermine the project’ merit or its budget reasonability,
        except in case of express acceptance by FCT, I.P. pursuant to terms
        identified in article 19;
        
- Non-timely submission of forms on submission of final payment
        request, except if such delay is accepted by FCT, I.P., being that in
        this case, the eligible period for considering expenses remains the one
        set out as final payment delivery deadline;
        
- Non-existence or lack of regularization of organization
        deficiencies in the process related to the project’s execution and not
        sending elements requested by FCT, I.P. within the deadlines set out;
        
- Refusal from the beneficiary of beneficiary entities to submit to
        the control and audit to which they are legally subject to;
        
- Duplication of a project’s scientific component which is already
        the object of funding in tenders promoted by FCT, I.P. or other funding
        entities.
        
- Breach of the codes of ethics, deontology add responsible conduct
        in scientific research.
        
 
- Revocation of the funding decision implies suspension of funding and
    subsequent obligation to refund the amounts collected, being the Proposing
    Institution obliged to refund the amounts received plus potential interest
    pursuant to the content of the Acceptance Document within 30 days.
    
- When there is revocation for the reason mentioned in paragraph e) of
    number 3, the institution in question shall not benefit from aids within
    the scope of the Support System to National Scientific and Technological
    System Entities for a period of three years.
    
- When revocation is for the reason set out in paragraph l) of no. 3, the
    Researcher in Charge is prevented from being RC, co-RC or member of a team
    from a project funded by FCT, I.P. for a period of two years.
    
- Non-application of support reduction foreseen in no. 2 can take place
    if duly authorized by the Director Council, or a member in which competence
    has been delegated and when sustained on reasons of force majeure, implying
    a non-recoverable deadline in the project’s development and of which the
    occurrence is duly proven by FCT, I.P. up to 30 days after the situation
    has been acknowledged.
    
    Article 23
    Supports recovery
  
  
    - Amounts unduly collected, namely due to non-fulfilment of legal or
    contractual obligations, as well as non-existence or loss or any
    requirement of support granting are regarded as a debt from the PI which
    benefited from them.
    
- For purposes of the previous number, FCT, I.P. shall notify the
    beneficiary of the amount due and the reasoning for that debt pursuant to
    the Administrative Procedural Code.
    
- The refund deadline is of 30 business days, starting the date of notice
    reception to which the previous number refers to. In case of default,
    interest shall be added to the amount due, which, in the case of lack of
    special European legislation provision shall be calculated at the legal
    rate set out in no. 1 of article 559 of the Civil Code, from the end of the
    deadline for voluntary payment to the total effective refund of the amount
    due.
    
- In case of non-fulfilment of the duty to refund, FCT, I.P. promotes the
    recovery of the amount due through the legally foreseen mechanisms or the
    coercive collection via tax execution process, being that there might be
    revocation of the Acceptance Document, which implies the obligation to
    refund all amounts collected by the PI, being the holders of the
    beneficiary entity management bodies subsidiarily responsible for the debt
    payment.
    
- Whenever the amount due is equal or lower that the one annually
    established in the budget execution decree-law, there is no recovery
    process started for refund.
    
    Article 24
    Progress and final report
  
  
    - For purposes of follow-up and final assessment,
    beneficiaries submit annual scientific progress report(s) and one final
    scientific report through the FCT, I.P. portal and preferentially in
    English.
    
- Scientific progress reports to be submitted annually through the FCT,
    I.P. portal summarily describe the works carried out, outputs obtained and
    deviations from the proposed works program or approved budget.
    
- The final scientific activity report details the execution of works
    carried out within the period in question, as well as publications and
    other outputs arising from the project.
    
- Scientific publications and other project’s outputs must be disclosed
    pursuant to FCT, I.P. open access policy and through the mechanisms offered
    for such task.
    
- Progress and final scientific reports are submitted to the FCT, I.P.
    portal within 30 consecutive days after concluding the activities for each
    project’s year and within 60 consecutive days after the project’s
    conclusion.
    
- The financial execution final report, elaborated by FCT, I.P. pursuant
    to the expenses regarded as eligible throughout the project, and
    electronically made available through the FCT, I.P. portal is validated by
    the RC within 10 consecutive days after being made available.
    
- Progress reports can be assessed by follow-up commissions per
    scientific area which can recommend the suspension, reduction or revocation
    of funding.
    
- The final scientific report is assessed by assessment panels,
    specifically established for that purpose pursuant to the corresponding
    assessment guide.The project’s RC whose final report is not approved cannot
    apply as RC or co-RC to FCT, I.P. open tenders the following two years
    after the date of notice of the final report assessment.
    
    Article 25
    Management verifications
  
  
    - Projects are object of management verifications by FCT,
    I.P. or by entities appointed by it and by all entities mandated for that
    purpose pursuant to the applicable standards.
    
- Beneficiary entities are obligated to maintain an appropriate separate
    accounting system or an accounting code for all transactions related to the
    project and pursuant to the accounting standards in force.
    
- On the expenditure and revenues documents originals, a stamp must be
    affixed with characteristics to be communicated by FCT, I.P.
    
- Whenever possible, beneficiary entities are obliged to elaborate and
    update the project’s dossier in electronic form and record all operations
    that take place throughout the project’s life cycle.
    
- After the project’s conclusion, the corresponding dossier is archived
    for a minimum period of 10 years starting the date from the last granted
    funding decision under the scope of this Regulation.
    
    Article 26
    Beneficiaries’ obligations
  
  
    Without prejudice to other obligations outlined in this regulation,
    beneficiaries must:
  
  
    - Provide the elements requested by the entities mandated for the
    follow-up, outputs assessment, control and audit within the deadlines set
    out;
    
- Communicate all relevant changes or occurrences that undermine the
    assumption related to the project’s approval;
    
- Not allocate, lease or sell, or by any other means, operate the goods
    and services acquired within the scope of the projects supported to other
    purposes for the period set out in the Acceptance Document;
    
- Ensure the budget control through a system that allows to correctly
    calculating the project’s expenditure and costs allocation.
    
- Maintain their situation in order with regard to the support paying
    entity;
    
- Where applicable, fulfil regulations of public procurement related to
    the projects’ execution;
    
- Respect standards related to information and dissemination pursuant to
    the terms communicated by FCT, I.P. in all works arising from the project
    and all equipment that have been totally or partially supported by the
    project;
    
- Allow and ensure disclosure of the scope and expected outputs of the
    R&D project, as well as of the publishable executive summaries related
    to the final execution reports, without prejudice to the requirements
    related to intellectual property protection and all scientific publications
    generated within the scope of the project, in a free access platform
    pursuant to the FCT, I.P. open access policy.
    
- Submit progress reports and the final report for purposes of follow-up
    and final assessment;
    
- Conduct its research in an ethical and scientifically responsible
    manner, pursuant to the internationally recognized principles for the
    practice of scientific research.
    
    Article 27
    Follow-up and control
  
  
    - Within the scope of the project’s follow-up and control,
    FCT, I.P. is responsible for verifying the effective execution of the goods
    and services funded and the payment of the expenses stated by the
    beneficiaries, as well as the compliance with the applicable legislation
    and the project’s funding conditions.
    
- Without prejudice to other follow-up and control mechanisms that might
    be adopted, follow-up and project’s verification are carried out pursuant
    to the following terms:
      
        - Administrative verifications related to each request for payment
        submitted by beneficiaries;
        
- On-spot verification of projects;
        
- Assessment of annual scientific progress reports and final
        scientific report.
        
 
- Verifications mentioned in the previous number can be made in any phase
    of the project’s execution and after the corresponding conclusion.
    
    Article 28
    Subsidiary standards
  
  
    In every matter omitted in this Regulation of projects funded solely by
    national funds, the provisions included in applicable community and
    national standards are applied.
  
  
    Article 29
    Execution standards
  
  
    Functional implementation of provisions outlined in this regulation is
    materialised in execution standards.
  
  
    Article 30
    Date of entry in force
  
  
    This Regulation applies to all tenders that shall open from its approval
    date on.
  
  
    20 October 2016, Member of the FCT, I.P Director Council,
  
  
    Maria Isabel Lobato de Faria Ribeiro