09 February 22 | Lisboa
Decree-Law 126-B/2021

Decree-Law 126-B/2021, published on 31st December 2021, establishes the legal scheme for technology and innovation centres (CTI) and complements the legal scheme for collaborative laboratories (CoLABs).

Decree-Law 126-B/2021, published on 31st December 2021, establishes the legal scheme for technology and innovation centres (CTI) and complements the legal scheme for collaborative laboratories (CoLABs).

The CTI are entities integrated in the national science and technology system, which act in the intermediary space of the innovation system and dedicate themselves to the production, dissemination, and transmission of knowledge, oriented to companies and to the creation of economic value, contributing to the achievement of public policy objectives.

On the other hand, the CoLABs are dedicated to the production, dissemination, and transmission of knowledge through the development of their own research and innovation agendas, with an emphasis on proprietary and specialized knowledge, oriented towards facilitating the access of companies to global markets through exports.

Where CTI are concerned, a broad and plural representation of the economic agents in the respective area of intervention must be ensured. The diploma establishes limits to the number of shares that both the State’s central administration (must be below 40% of the total) and any private or public entity (must be below 25% of the total) can hold, aiming to avoid dominant positions in their holdings and promote harmonisation between the CTI and their final recipients.

The recognition process of the CTI is an essential condition to access and attribution of base financing, beginning with an application and a subsequent assessment procedure, culminating with the decision of the government official responsible for economics. The necessary cumulative conditions for recognition are also clarified and once given, this recognition is valid for 6 years with the possibility of renewal for an equal period after an evaluation by the respective committee. 

The CTI’s assessment is based on complementary monitoring mechanisms which are divided in self-assessment mechanisms, promoted by the CTI itself, and external assessment, promoted by the State.

The status of CoLAB is granted by the FCT, I. P., for a period of 5 years which can be renewed under the terms of a regulation approved by the government official responsible for economics, after a proposal by FCT, I. P. 

The financing model of both entities must converge to the best international practices and ensure diversity and optimization of their available funding sources. In this regard, they must aim for a structure with 1/3 of funding from commercial activities, 1/3 from national and international sources of competitive nature, and 1/3 of public based funding.

There are also transitional norms included for certain technological centres and interface centres previously created, notwithstanding the necessary application for the recognition process to ensure the CTI’s regular operation. 

This Decree-Law entered into force on 1st January 2022, revoking Decree-Law 249/86 and amending Decree-Law 63/2019.

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