These current REGULATIONS define the principles for access to NATIONAL SCIENTIFIC INFRASTRUCTURE "ENERGY STORAGE AND HYDROGEN ENERGY" (ESHER) established by Decision No 569 / 31.07.2014 and updated by Decision № 354 / 29.06.2017 of the Council of Ministers of the Republic of Bulgaria. These rules are in agreement with national legislation and the principles pledged in the European Charter for Access to Research Infrastructures, European Commission 2016.
I. GENERAL TERMS
- ESHER provides access to its equipment to external users from academia, businesses, institutions and individuals for the following purposes: conducting research, service and expert analysis and services, project developments and education activities.
- The use of the Scientific Infrastructure by external users can be provided in order to:
2.1. Realization of joint projects and studies of partners from ESHER;
2.2. Realization of joint projects and studies for external users;
2.3. Performing of specific analyzes and activities such as services for the implementation of projects and tasks for the members of the ESHER;
2.4 Performing specific analyzes and activities such as services for the implementation of projects of organizations and companies external to ESHER;
2.5 A comprehensive service covering various aspects of designing and testing materials, devices, or commercial products from ESHER partners;
2.6 A comprehensive service covering various aspects of designing and testing materials, devices, or commercial products for ESHER members;
2.7 Specialized training for the use of scientific equipment and new experimental techniques of participants from external scientific organizations
2.8 Specialized training for the use of scientific equipment and new experimental techniques of participants from external scientific organizations;
2.9. Carrying out expert activity for the Government institutions.
- Depending on the specific case under item 2, the access to the equipment is justified by scientific projects proposals, filled in a special form of ESHER, a request or contract for service analysis or for training. When the access to the apparatus is performed on the basis of project proposals, submissions are evaluated by special commission to EB, which includes experts from ESHER. In other cases, the User completes the contact form in which he specifies the type of service, which is send on line via Internet to the person responsible for the laboratory where the service will be performed.
- Within 5 working days, the person responsible for the laboratory or member of the EB specialized commission, in the case of a submitted project proposal, shall contact the User and specify, if necessary, the deadlines for the conclusion of the Contract between the two parties or the deadlines for approval / refusal of the submitted project. The conditions and the value of the payment are also specified and a financial contract is concluded. In the case that the User is a member of ESHER, only the consumables for the analyzes performed and the service are paid.
- The opportunities for access to ESHER and its Access Regulations are available on the Infrastructure Website.
- The Users should acknowledge clearly the contribution of the ESHER in any presentation or use of the data received (ie, publication, patents, etc.) resulting from a research carried out within the SI.
- The ESHER and The Users accept and observe the standard codes of conduct and ethics in the scientific community.
- The ESHER offers a Wide Access that guarantees the most open access to scientific data and services provided by the scientific infrastructure to the Users, regardless of the geographic location of the users.
II. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES IN THE USE OF THE INFRASTRUCTURE
- When reaching a contract for the purpose of using the ESHER infrastructure, a contract shall be signed between the User and the University/Institute/ Institutes, a member of the ESHER. All terms of performance, deadlines and penalties are governed by a contract signed by the both parties. This Contract also applies an additional Agreement on the period of storage by the SI of the scientific data obtained and the way of their use.
- If the User will use, independently or jointly with a representative of ESHER equipment, ESHER provide to the User a schedule for access to the equipment. This schedule is in line with established access rules between individual entities (Institutes and / or Universities) member or not of ESHER when it comes to shared use apparatus and equipment. Furthermore, the schedule is also consistent with the percentage of use of the respective apparatus and equipment by ESHER. The User is obligated to notify as soon as possible if for some reason he can not carry out his scientific research at the appropriate time.
- The User must provide to the ESHER all the information necessary for conduction of the study (chemicals, specimens, apparatus, etc.) at least four weeks prior to the start of the experiment in ESHER. The materials imported into SI ES-HE must be identical to those listed in the provided list. All changes must be approved by ESHER before conducting the scientific study.
- The property submitted by the User for carrying out the research must be removed by the User within seven days or discarded by the User for his account, unless otherwise agreed. Samples and consumables brought or shipped to ESHER must be collected by the User or disposed of in accordance with the safety rules. Heavy equipment must be delivered and retrieved in standard working hours.
- Upon completion of the research, the User has to restore all equipment and facilities used to the condition in which they were at the time of arrival.
- ESHER is not responsible for the User's property in ESHER, except in the case of loss or damage caused by intent or gross negligence on the part of ESHERor its employees.
- The User is required to have adequate health insurance and accident insurance for the entire duration of the experiment in ESHER. These insurances must cover all possible accidents while the User carries out research under the Regulations. ESHER is not responsible if the User has not insured.
- The User must be familiar with all necessary safety instructions before starting any experimental work.
- The Users of external organizations pay at market prices the services and access to the specialized infrastructure of ESHER. Payment of services and access to specialized equipment is based on a price list developed for the specific type of equipment and announced on the Infrastructure site or negotiated, as described in I.4.
- Except for huge negligence or willful misconduct, ESHER shall not be liable for loss or damage in connection with scientific research. ESHER is not liable for direct or indirect loss or damage to the User, occurring from the use of the research devices, research or resulting from them products, intellectual property or content.
- In the case of a delay in the scientific research, partial or total loss of the User access time, ESHER will try to provide additional time to access the scientific facilities of the affected Users. The User is required to notify ESHER of any damage to the equipment caused by its employees or persons acting on its behalf.
- The equal access of the Users within the framework of this Scientific Infrastructure ES-HE is guaranteed and the discrimination on any personal grounds is absolutely unacceptable.
- Neither party shall be liable for delay in the performance or non-performance of its obligations under these Rules if such delay or non-performance is due to natural disasters or any other event beyond the control of the Parties.
- In the event of disagreement or dispute, the both Parties should strive to resolve their differences by mutual agreement. In case of permanent disagreement, the dispute shall be resolved in accordance with the procedures provided by the Law.
- These Regulations are based and established in accordance with the laws of the Republic of Bulgaria.
- In the event that one or more of the provisions contained in these Regulations become totally or partially invalid, unlawful or inapplicable, that does not affect the validity, legality and applicability of the other provisions in these Regulations.