# Official Journal C 66/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 66 |
| | |
| English edition | Information and Notices | Volume 602 March 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 66

English edition

Information and Notices

Volume 602 March 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 66/01 | Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 March 2017 — Euro exchange rates | 1 |
| 2017/C 66/02 | New national side of euro coins intended for circulation | 2 |
| 2017/C 66/03 | New national side of euro coins intended for circulation | 3 |
| 2017/C 66/04 | New national sides of euro circulation coins | 4 |
| | Court of Auditors |
| 2017/C 66/05 | Special Report No 35/2016 — The use of budget support to improve domestic revenue mobilisation in sub Saharan Africa | 5 |
| | NOTICES FROM MEMBER STATES |
| 2017/C 66/06 | Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 6 |
| 2017/C 66/07 | Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 16 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 66/01

Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 March 2017 — Euro exchange rates

1

2017/C 66/02

New national side of euro coins intended for circulation

2

2017/C 66/03

New national side of euro coins intended for circulation

3

2017/C 66/04

New national sides of euro circulation coins

4

Court of Auditors

2017/C 66/05

Special Report No 35/2016 — The use of budget support to improve domestic revenue mobilisation in sub Saharan Africa

5

NOTICES FROM MEMBER STATES

2017/C 66/06

Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

6

2017/C 66/07

Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

16

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2017/C 66/08 | Judgment of the Court of 10 May 2016 in Joined Cases E-15/15 and E-16/15, Franz-Josef Hagedorn v Vienna-Life Lebensversicherung AG and Rainer Armbruster v Swiss Life (Liechtenstein) AG (Directive 2002/83/EC — Article 36 — Transfer of life assurance contracts — Admissibility — The term assurance contract — Change in policy conditions) | 29 |
| 2017/C 66/09 | Judgment of the Court of 10 May 2016 in Case E-19/15 — EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by an EEA/EFTA State to fulfil its obligations — Prior authorisation schemes for establishment and cross-border services — Directive 2006/123/EC — Article 31 EEA — Article 36 EEA — Justification — Proportionality) | 30 |
| 2017/C 66/10 | Judgment of the Court of 2 June 2016 in Case E-24/15 — Walter Waller v Liechtensteinische Invalidenversicherung (Coordination of social security systems — Article 87(2) of Regulation (EC) No 987/2009 — Binding effect of medical findings) | 31 |
| 2017/C 66/11 | Order of the Court of 24 May 2016 in Case E-2/16 — Gerhard Spitzer v EFTA Surveillance Authority (Preliminary objection to admissibility — Refusal to commence infringement proceedings — Directive 2002/47/EC — Challengeable measures — Time limit — Admissibility) | 31 |
| 2017/C 66/12 | Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykjavíkur dated 12 May 2016 in the case of Fjarskipti hf. v Póst- og fjarskiptastofnun (Case E-6/16) | 32 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 66/13 | Prior notification of a concentration (Case M.8381 — Motherson Sumi Systems/PKC Group) (
  1
  ) | 33 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2017/C 66/08

Judgment of the Court of 10 May 2016 in Joined Cases E-15/15 and E-16/15, Franz-Josef Hagedorn v Vienna-Life Lebensversicherung AG and Rainer Armbruster v Swiss Life (Liechtenstein) AG (Directive 2002/83/EC — Article 36 — Transfer of life assurance contracts — Admissibility — The term assurance contract — Change in policy conditions)

(Directive 2002/83/EC — Article 36 — Transfer of life assurance contracts — Admissibility — The term assurance contract — Change in policy conditions)

29

2017/C 66/09

Judgment of the Court of 10 May 2016 in Case E-19/15 — EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by an EEA/EFTA State to fulfil its obligations — Prior authorisation schemes for establishment and cross-border services — Directive 2006/123/EC — Article 31 EEA — Article 36 EEA — Justification — Proportionality)

(Failure by an EEA/EFTA State to fulfil its obligations — Prior authorisation schemes for establishment and cross-border services — Directive 2006/123/EC — Article 31 EEA — Article 36 EEA — Justification — Proportionality)

30

2017/C 66/10

Judgment of the Court of 2 June 2016 in Case E-24/15 — Walter Waller v Liechtensteinische Invalidenversicherung (Coordination of social security systems — Article 87(2) of Regulation (EC) No 987/2009 — Binding effect of medical findings)

(Coordination of social security systems — Article 87(2) of Regulation (EC) No 987/2009 — Binding effect of medical findings)

31

2017/C 66/11

Order of the Court of 24 May 2016 in Case E-2/16 — Gerhard Spitzer v EFTA Surveillance Authority (Preliminary objection to admissibility — Refusal to commence infringement proceedings — Directive 2002/47/EC — Challengeable measures — Time limit — Admissibility)

(Preliminary objection to admissibility — Refusal to commence infringement proceedings — Directive 2002/47/EC — Challengeable measures — Time limit — Admissibility)

31

2017/C 66/12

Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykjavíkur dated 12 May 2016 in the case of Fjarskipti hf. v Póst- og fjarskiptastofnun (Case E-6/16)

32

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 66/13

Prior notification of a concentration (Case M.8381 — Motherson Sumi Systems/PKC Group) (
  1
  )

1

33

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| | Corrigenda |
| --- | --- |
| 2017/C 66/14 | Corrigendum to the withdrawal of the Proposal for a Regulation of the European Parliament and of the Council establishing a Registered Traveller Programme ( OJ C 422, 17.11.2016 ) | 34 |

Corrigenda

2017/C 66/14

Corrigendum to the withdrawal of the Proposal for a Regulation of the European Parliament and of the Council establishing a Registered Traveller Programme ( OJ C 422, 17.11.2016 )

34

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 2.3.2017 | EN | Official Journal of the European Union | C 66/1 |
| --- | --- | --- | --- |

2.3.2017

EN

Official Journal of the European Union

C 66/1

---

Interest rate applied by the European Central Bank to its main refinancing operations (1):

0,00 % on 1 March 2017

Euro exchange rates (2)

1 March 2017

(2017/C 66/01)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0533 |
| JPY | Japanese yen | 119,84 |
| DKK | Danish krone | 7,4333 |
| GBP | Pound sterling | 0,85550 |
| SEK | Swedish krona | 9,5268 |
| CHF | Swiss franc | 1,0647 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,8618 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 307,95 |
| PLN | Polish zloty | 4,2958 |
| RON | Romanian leu | 4,5207 |
| TRY | Turkish lira | 3,8438 |
| AUD | Australian dollar | 1,3752 |
| CAD | Canadian dollar | 1,4044 |
| HKD | Hong Kong dollar | 8,1773 |
| NZD | New Zealand dollar | 1,4793 |
| SGD | Singapore dollar | 1,4842 |
| KRW | South Korean won | 1 204,93 |
| ZAR | South African rand | 13,7793 |
| CNY | Chinese yuan renminbi | 7,2472 |
| HRK | Croatian kuna | 7,4205 |
| IDR | Indonesian rupiah | 14 074,19 |
| MYR | Malaysian ringgit | 4,6850 |
| PHP | Philippine peso | 53,015 |
| RUB | Russian rouble | 61,4190 |
| THB | Thai baht | 36,871 |
| BRL | Brazilian real | 3,2768 |
| MXN | Mexican peso | 21,1100 |
| INR | Indian rupee | 70,3960 |

Currency

Exchange rate

USD

US dollar

1,0533

JPY

Japanese yen

119,84

DKK

Danish krone

7,4333

GBP

Pound sterling

0,85550

SEK

Swedish krona

9,5268

CHF

Swiss franc

1,0647

ISK

Iceland króna

NOK

Norwegian krone

8,8618

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

307,95

PLN

Polish zloty

4,2958

RON

Romanian leu

4,5207

TRY

Turkish lira

3,8438

AUD

Australian dollar

1,3752

CAD

Canadian dollar

1,4044

HKD

Hong Kong dollar

8,1773

NZD

New Zealand dollar

1,4793

SGD

Singapore dollar

1,4842

KRW

South Korean won

1 204,93

ZAR

South African rand

13,7793

CNY

Chinese yuan renminbi

7,2472

HRK

Croatian kuna

7,4205

IDR

Indonesian rupiah

14 074,19

MYR

Malaysian ringgit

4,6850

PHP

Philippine peso

53,015

RUB

Russian rouble

61,4190

THB

Thai baht

36,871

BRL

Brazilian real

3,2768

MXN

Mexican peso

21,1100

INR

Indian rupee

70,3960

---

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.

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| 2.3.2017 | EN | Official Journal of the European Union | C 66/2 |
| --- | --- | --- | --- |

2.3.2017

EN

Official Journal of the European Union

C 66/2

---

New national side of euro coins intended for circulation

(2017/C 66/02)

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country
  : Latvia

Subject of commemoration
  : Kurzeme

Description of the design
  : The design shows the coat of arms of the region of Kurzeme. At the top, the name of the issuing country ‘LATVIJA’ and at the bottom the inscription ‘KURZEME’. At the right hand side, the year of issuance ‘2017’.

The coin’s outer ring depicts the 12 stars of the European flag.

Approximate number of coins to be issued
  :

Approximate date of issue
  : September 2017

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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| 2.3.2017 | EN | Official Journal of the European Union | C 66/3 |
| --- | --- | --- | --- |

2.3.2017

EN

Official Journal of the European Union

C 66/3

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New national side of euro coins intended for circulation

(2017/C 66/03)

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country
  : Latvia

Subject of commemoration
  : Latgale

Description of the design
  : The design shows the coat of arms of the region of Latgale. At the top, the name of the issuing country ‘LATVIJA’ and at the bottom the inscription ‘LATGALE’. At the right hand side, the year of issuance ‘2017’.

The coin’s outer ring depicts the 12 stars of the European flag.

Approximate number of coins to be issued
  :

Approximate date of issue
  : October 2017

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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| 2.3.2017 | EN | Official Journal of the European Union | C 66/4 |
| --- | --- | --- | --- |

2.3.2017

EN

Official Journal of the European Union

C 66/4

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New national sides of euro circulation coins

(2017/C 66/04)

Euro circulation coins have legal tender status throughout the euro area. The Commission publishes all new euro coin designs (1) with a view to informing all parties required to handle coins in the course of their work as well as the public at large.

| | | | |
| --- | --- | --- | --- |
| 1 euro cent | 2 euro cent | 5 euro cent | 10 euro cent |
| | | | |
| 20 euro cent | 50 euro cent | 1 euro | 2 euro |

Image

Image

Image

Image

1 euro cent

2 euro cent

5 euro cent

10 euro cent

Image

Image

Image

Image

20 euro cent

50 euro cent

1 euro

2 euro

Issuing country
  : The Republic of San Marino

Date of issue
  : March 2017

Description of the designs
  :

2 euro
  = the portrait of Saint Marino, detail of a painting by Giovan Battista Urbinelli, the date 2017, the mintmark of the Italian Mint ‘R’, the legend ‘San Marino’, AL initials of the artist, arched 12 stars;

1 euro
  = the Second Tower, the date 2017, the mintmark of the Italian Mint ‘R’, the legend ‘San Marino’, AL initials of the artist, arched 12 stars;

50 euro cent
  = the portrait of Saint Marino, detail of a painting by Emilio Retrosi, the date 2017, the mintmark of the Italian Mint ‘R’, the legend ‘San Marino’, AL initials of the artist, arched 12 stars;

20 euro cent
  = Mount Titano with the three Towers, the date 2017, the mintmark of the Italian Mint ‘R’, the legend ‘San Marino’, AL initials of the artist, arched 12 stars;

10 euro cent
  = Church of St Francis, the date 2017, the mintmark of the Italian Mint ‘R’, the legend ‘San Marino’, AL initials of the artist, arched 12 stars;

5 euro cent
  = Church of St Quirinus, the date 2017, the mintmark of the Italian Mint ‘R’, the legend ‘San Marino’, AL initials of the artist, arched 12 stars;

2 euro cent
  = City Gate, the date 2017, the mintmark of the Italian Mint ‘R’, the legend ‘San Marino’, AL initials of the artist, arched 12 stars;

1 euro cent
  = the official coat of arms of the Republic of San Marino, the date 2017, the mintmark of the Italian Mint ‘R’, the legend ‘San Marino’, AL initials of the artist, arched 12 stars;

The coins’ outer ring depicts the 12 stars of the European flag.

The edge-lettering of the 2-euro coin is: 2 *, repeated six times, alternately upright and inverted.

---

(1)  See OJ C 373, 28.12.2001, p. 1; OJ C 254, 20.10.2006, p. 6 and OJ C 248, 23.10.2007, p. 8 for a reference to the other euro coins.

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Court of Auditors

| 2.3.2017 | EN | Official Journal of the European Union | C 66/5 |
| --- | --- | --- | --- |

2.3.2017

EN

Official Journal of the European Union

C 66/5

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Special Report No 35/2016

‘The use of budget support to improve domestic revenue mobilisation in sub Saharan Africa’

(2017/C 66/05)

The European Court of Auditors hereby informs you that Special Report No 35/2016 ‘The use of budget support to improve domestic revenue mobilisation in sub Saharan Africa’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu or on EU Bookshop: https://bookshop.europa.eu

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NOTICES FROM MEMBER STATES

| 2.3.2017 | EN | Official Journal of the European Union | C 66/6 |
| --- | --- | --- | --- |

2.3.2017

EN

Official Journal of the European Union

C 66/6

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Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2017/C 66/06)

PUBLIC INVITATION TO BID FOR A CONCESSION FOR THE PROSPECTION AND EXPLORATION OF NATURAL GAS DEPOSITS AND THE EXTRACTION OF NATURAL GAS IN THE ‘PIŁA’ AREA

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Dziennik Ustaw (Journal of Laws) 2016, item 1131) |
| --- | --- |

1.

Article 49h(2) of the Geological and Mining Law Act (Dziennik Ustaw (Journal of Laws) 2016, item 1131)

| 2. | Cabinet Regulation of 28 July 2015 on bidding for concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and concessions for the extraction of hydrocarbons (Journal of Laws 2015, item 1171) |
| --- | --- |

2.

Cabinet Regulation of 28 July 2015 on bidding for concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and concessions for the extraction of hydrocarbons (Journal of Laws 2015, item 1171)

| 3. | Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3; Special edition in Polish: Chapter 6, Volume 2, p. 262) |
| --- | --- |

3.

Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3; Special edition in Polish: Chapter 6, Volume 2, p. 262)

SECTION II: ENTITY INVITING BIDS

| Name: Ministerstwo Środowiska [Ministry of the Environment] |
| --- |
| Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| Tel. +48 223692449, +48 223692447; Fax +48 223692460 |
| Website: www.mos.gov.pl |

Name: Ministerstwo Środowiska [Ministry of the Environment]

Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland

Tel. +48 223692449, +48 223692447; Fax +48 223692460

Website: www.mos.gov.pl

SECTION III: SUBJECT OF THE PROCEDURE

1)   type of activities for which the concession is to be granted:

Concession for the prospection and exploration of natural gas deposits and the extraction of natural gas in the ‘Piła’ area, concession blocks 146 and 147.

2)   area within which the activities are to be conducted:

The boundaries of the area covered by this bidding procedure are defined by lines joining points with the following coordinates in the PL-1992 coordinate system:

| Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 583 341,110 | 378 925,810 |
| 2 | 572 026,540 | 378 791,780 |
| 3 | 572 856,780 | 349 419,600 |
| 4 | 580 980,150 | 332 427,200 |
| 5 | 601 193,830 | 333 133,140 |
| 6 | 600 818,160 | 345 067,120 |

Point No

X [PL-1992]

Y [PL-1992]

1

583 341,110

378 925,810

2

572 026,540

378 791,780

3

572 856,780

349 419,600

4

580 980,150

332 427,200

5

601 193,830

333 133,140

6

600 818,160

345 067,120

The surface area of the vertical projection of the area covered by this bidding procedure is 942,19 km2.

The area covered by the bidding procedure is located in the following districts and municipalities:

Zachodniopormorskie Province

Wałcz district: municipality of Wałcz (3,92 % of the area);

Wielkopolskie Province

Złotów district: municipality of Krajenka (2,00 %);

Piła district: municipalities of Szydłowo (18,55 %), Piła (10,89 %), Kaczory (13,90 %), Wysoka (0,40 %), Miasteczko Krajeńskie (7,38 %), Białośliwie (3,50 %), Ujście (9,32 %);

Czarnków-Trzcianka district: municipalities of Trzcianka (9,50 %), Czarnków (0,14 %);

Chodzież district: town of Chodzież (0,25 %), municipalities of Chodzież (10,09 %), Margonin (1,37 %), Szamocin (8,69 %);

Wągrowiec district: municipality of Gołańcz (0,09 %).

The aim of the works to be carried out in Permian formations is to document and extract natural gas deposits in the area described above.

3)   time limit, not less than 90 days from the date of publication of the notice, and place for the submission of bids:

Bids must be submitted to the headquarters of the Ministry of the Environment no later than 16:00 CET/CEST on the last day of the 91-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union. The number of bids and names of the bidders will be presented at a public meeting of the bid evaluation committee within 14 days from the expiry of the period for the submission of bids.

4)   detailed bid specifications, including the bid evaluation criteria and a specification of their weighting, ensuring that the conditions referred to in Article 49k of the Geological and Mining Law Act of 9 June 2011 are fulfilled:

Bids may be submitted by entities in respect of which a decision has been issued confirming the positive outcome of a qualification procedure, as provided for in Article 49a(16)(1) and (2) of the Geological and Mining Law Act, independently, or as the operator if several entities are applying jointly for the concession.

Bids received will be evaluated by the bid evaluation committee on the basis of the following criteria:

| 30 % | – | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| --- | --- | --- |
| 25 % | – | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential; |
| 20 % | – | scope and scheduling of the geological works, including geological operations, or mining operations proposed; |
| 10 % | – | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection; |
| 10 % | – | the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project; |
| 5 % | – | scope and scheduling of the mandatory collection of samples obtained during geological operations, including drill cores. |

30 %

–

financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing;

25 %

–

technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential;

20 %

–

scope and scheduling of the geological works, including geological operations, or mining operations proposed;

10 %

–

experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection;

10 %

–

the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project;

5 %

–

scope and scheduling of the mandatory collection of samples obtained during geological operations, including drill cores.

If, following the evaluation of bids on the basis of the criteria specified above, two or more bids obtain the same score, the amount of the fee for the establishment of mining usufruct rights due during the prospection and exploration phase will be used as an additional criterion allowing a final choice to be made between the bids concerned.

5)   minimum scope of geological information:

| Concession data | name of area: Piła
  location: onshore; concession blocks 146 and 147 |
| --- | --- |
| Type of deposit | conventional and unconventional for natural gas |
| Structural levels | Cenozoic
  Zechstein + Mesozoic
  Carboniferous + Rotliegend |
| Petroleum systems | I | – | conventional |
| II | – | unconventional |

Concession data

name of area: Piła

location: onshore; concession blocks 146 and 147

Type of deposit

conventional and unconventional for natural gas

Structural levels

Cenozoic

Zechstein + Mesozoic

Carboniferous + Rotliegend

Petroleum systems

I

–

conventional

II

–

unconventional

Source rocks

| I | – | Carboniferous mudstones and claystones |
| --- | --- | --- |
| II | – | Carboniferous mudstones and claystones |

I

–

Carboniferous mudstones and claystones

II

–

Carboniferous mudstones and claystones

Reservoir rocks

| I | – | Rotliegend sandstones |
| --- | --- | --- |
| II | – | Rotliegend sandstones |

I

–

Rotliegend sandstones

II

–

Rotliegend sandstones

Seal rocks

| I | – | Zechstein evaporites |
| --- | --- | --- |
| II | – | clayey sediments + capillary water |

I

–

Zechstein evaporites

II

–

clayey sediments + capillary water

Thickness of overburden

| I | – | 4 500 -4 900 m |
| --- | --- | --- |
| II | – | 4 900 -5 100 m |

I

–

4 500 -4 900 m

II

–

4 900 -5 100 m

Trap type

| I | – | structural |
| --- | --- | --- |
| II | – | stratigraphic |

I

–

structural

II

–

stratigraphic

Deposits identified in the vicinity (NG – natural gas)

| I | – | deposits in the shallower part of the basin (2 500 -3 500 m)
  Grodzisk Wielkopolski (NG)– discovered in 1976; exploited 1978-2004; cumulative production (27 years): 1 966,65 million m3

  Radlin (NG)– discovered in 1986; cumulative production (24 years): 7 843,55 million m3; production in 2015: 178,94 million m3; reserves and resources: 3 226,45 million m3 (industrial: 1 442,23 million m3)
  Paproć (NG)– discovered in 1985; cumulative production (28 years): 4 230,4 million m3; production in 2015: 182,45 million m3; reserves and resources: 3 438,80 million m3 (industrial: 3 228,63 million m3)
  Młodasko (NG)– discovered in 1985; cumulative production (24 years): 451,9 million m3; production in 2015: 27,28 million m3; reserves and resources: 44,10 million m3 (industrial: 43,86 million m3) |
| --- | --- | --- |
| II | – | no tight gas discovered in the Rotliegend |

I

–

deposits in the shallower part of the basin (2 500 -3 500 m)

Grodzisk Wielkopolski (NG)– discovered in 1976; exploited 1978-2004; cumulative production (27 years): 1 966,65 million m3

Radlin (NG)– discovered in 1986; cumulative production (24 years): 7 843,55 million m3; production in 2015: 178,94 million m3; reserves and resources: 3 226,45 million m3 (industrial: 1 442,23 million m3)

Paproć (NG)– discovered in 1985; cumulative production (28 years): 4 230,4 million m3; production in 2015: 182,45 million m3; reserves and resources: 3 438,80 million m3 (industrial: 3 228,63 million m3)

Młodasko (NG)– discovered in 1985; cumulative production (24 years): 451,9 million m3; production in 2015: 27,28 million m3; reserves and resources: 44,10 million m3 (industrial: 43,86 million m3)

II

–

no tight gas discovered in the Rotliegend

Seismic surveys completed (rightholder)

1977 Czarnków-Poznań-Strzelno 2D (State Treasury)

1979 Piła-Bydgoszcz 2D (State Treasury)

1982 Bydgoszcz 2D (State Treasury)

1982-1984 Wałcz-Gołańcz 2D (State Treasury)

Benchmark and offset wells (TVD)

benchmark wells: Piła IG-1 (5 482 m)

offset wells: Złotów 2 (4 845 m)

6)   commencement date of activities:

The activities covered by the concession will commence within 14 days from the date on which the decision granting the concession becomes final.

7)   conditions for granting the concession, in particular concerning the amount, scope and manner of providing the security referred to in Article 49x(1) of the Geological and Mining Law Act and, where justified, the amount, scope and manner of providing the security referred to in Article 49x(2) of that Act:

The successful bidder is required to provide a security covering non-compliance or inadequate compliance with the conditions laid down in the concession and for financing the closure of mine workings if the concession expires, is withdrawn or becomes invalid. This security is to be provided for the period from the date on which the concession is granted until the end of the prospection and exploration phase. The amount of the security is PLN 100 000. The form and date of its payment are governed by Article 49x(4) and (5) of the Geological and Mining Law Act.

8)   minimum scope of geological works, including geological operations, or mining operations:

The minimum programme of geological works proposed for the prospection and exploration phase comprises:

Stage I duration: 12 months

scope: interpreting and analysing archival geological data

Stage II duration: 12 months

scope: executing 2D seismic surveys (100 km)

Stage III duration: 24 months

scope: drilling one borehole to a maximum depth of 5 500 m, with mandatory coring of prospective intervals

Stage IV duration: 12 months

scope: analysing the data obtained

9)   period for which the concession is to be granted:

The concession period is 10 years, including:

| — | a prospection and exploration phase of five years' duration, starting from the date on which the concession is granted, |
| --- | --- |

—

a prospection and exploration phase of five years' duration, starting from the date on which the concession is granted,

| — | an extraction phase, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

an extraction phase, starting from the date on which an investment decision is obtained.

10)   specific conditions for carrying out the activities and for ensuring public safety, public health, environmental protection and rational management of deposits:

Implementation of the concession work programme must not infringe landowners' rights and does not eliminate the need to comply with other requirements laid down in legislation, in particular the Geological and Mining Law Act, and requirements regarding land use, environmental protection, agricultural land and forests, nature, waters and waste.

The performance of activities relating to the prospection, exploration and extraction of hydrocarbons shall take account of constraints arising from various nature conservation measures, a map of which can be found on the website of the General Directorate for Environmental Protection (http://geoserwis.gdos.gov.pl).

11)   model agreement on the establishment of mining usufruct rights:

The model agreement is attached as an annex hereto.

12)   information concerning the amount of the fee for establishing mining usufruct rights:

The minimum amount of the fee for establishing mining usufruct rights for the ‘Piła’ area during the five-year base period is PLN 200 234,22 (in words: two hundred thousand two hundred and thirty-four zlotys and twenty-two groszy) per annum. The annual fee for establishing mining usufruct rights for the purpose of the prospection and exploration of minerals is indexed to average annual consumer price indices set cumulatively for the period from the conclusion of the agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette) (Article 49h(3)(12) of the Geological and Mining Law Act).

13)   information concerning requirements to be met by bids and documents required from bidders:

| 1. | Bids should specify:






  1) | the name (business name) and the registered office of the bidder; |
| --- | --- | --- |

1.

Bids should specify:

1)

the name (business name) and the registered office of the bidder;

| 2) | the subject of the bid, together with a description defining the area within which the concession is to be granted and mining usufruct rights are to be established; |
| --- | --- |

2)

the subject of the bid, together with a description defining the area within which the concession is to be granted and mining usufruct rights are to be established;

| 3) | the period for which the concession is to be granted, the duration of the prospection and exploration phase and the commencement date of the activities; |
| --- | --- |

3)

the period for which the concession is to be granted, the duration of the prospection and exploration phase and the commencement date of the activities;

| 4) | the aim, scope and nature of geological works, including geological operations, or mining operations and information about the works to be carried out to achieve the intended objective and the technologies to be used; |
| --- | --- |

4)

the aim, scope and nature of geological works, including geological operations, or mining operations and information about the works to be carried out to achieve the intended objective and the technologies to be used;

| 5) | a timetable, broken down into years, for geological works, including geological operations, and the scope of such works; |
| --- | --- |

5)

a timetable, broken down into years, for geological works, including geological operations, and the scope of such works;

| 6) | the scope and timetable of the mandatory collection of samples obtained during geological operations, including drill cores, as referred to in Article 82(2)(2) of the Geological and Mining Law Act; |
| --- | --- |

6)

the scope and timetable of the mandatory collection of samples obtained during geological operations, including drill cores, as referred to in Article 82(2)(2) of the Geological and Mining Law Act;

| 7) | rights held by the bidder to the real property (area) within which the intended activities are to be carried out, or the right for the establishment of which that entity is applying; |
| --- | --- |

7)

rights held by the bidder to the real property (area) within which the intended activities are to be carried out, or the right for the establishment of which that entity is applying;

| 8) | a list of areas covered by nature conservation schemes; this requirement does not concern projects for which a decision on environmental conditions is required; |
| --- | --- |

8)

a list of areas covered by nature conservation schemes; this requirement does not concern projects for which a decision on environmental conditions is required;

| 9) | the way in which the adverse environmental impacts of the intended activities are to be counteracted; |
| --- | --- |

9)

the way in which the adverse environmental impacts of the intended activities are to be counteracted;

| 10) | the scope of the geological information available to the bidder; |
| --- | --- |

10)

the scope of the geological information available to the bidder;

| 11) | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection; |
| --- | --- |

11)

experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection;

| 12) | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential; |
| --- | --- |

12)

technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential;

| 13) | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| --- | --- |

13)

financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing;

| 14) | the proposed technology for conducting geological works, including geological operations, or mining operations; |
| --- | --- |

14)

the proposed technology for conducting geological works, including geological operations, or mining operations;

| 15) | the proposed amount of remuneration for establishing mining usufruct rights, this being not less than the amount specified in the notice launching the bidding procedure; |
| --- | --- |

15)

the proposed amount of remuneration for establishing mining usufruct rights, this being not less than the amount specified in the notice launching the bidding procedure;

| 16) | the proposed form of providing security, as referred to in Article 49x(4) of the Geological and Mining Law Act; |
| --- | --- |

16)

the proposed form of providing security, as referred to in Article 49x(4) of the Geological and Mining Law Act;

| 17) | if a bid is submitted jointly by several entities, it must additionally specify:






  a) | the names (business names) and the registered offices of all the entities submitting the bid; |
| --- | --- | --- |

17)

if a bid is submitted jointly by several entities, it must additionally specify:

a)

the names (business names) and the registered offices of all the entities submitting the bid;

| b) | the operator; |
| --- | --- |

b)

the operator;

| c) | the percentage shares in the costs of geological works, including geological operations, proposed in the cooperation agreement. |
| --- | --- |

c)

the percentage shares in the costs of geological works, including geological operations, proposed in the cooperation agreement.

| 2. | Bids submitted in a bidding procedure should meet the requirements and conditions laid down in the notice launching that bidding procedure. |
| --- | --- |

2.

Bids submitted in a bidding procedure should meet the requirements and conditions laid down in the notice launching that bidding procedure.

| 3. | The following documents are to be enclosed with bids:






  1) | evidence of the existence of the circumstances described in the bid, in particular extracts from the relevant registers; |
| --- | --- | --- |

3.

The following documents are to be enclosed with bids:

1)

evidence of the existence of the circumstances described in the bid, in particular extracts from the relevant registers;

| 2) | proof that a deposit has been lodged; |
| --- | --- |

2)

proof that a deposit has been lodged;

| 3) | a copy of the decision confirming the positive outcome of a qualification procedure, as provided for in Article 49a(17) of the Geological and Mining Law Act; |
| --- | --- |

3)

a copy of the decision confirming the positive outcome of a qualification procedure, as provided for in Article 49a(17) of the Geological and Mining Law Act;

| 4) | graphical annexes prepared in accordance with the requirements relating to mining maps, indicating the country's administrative boundaries; |
| --- | --- |

4)

graphical annexes prepared in accordance with the requirements relating to mining maps, indicating the country's administrative boundaries;

| 5) | written undertakings to make technical resources available to the entity taking part in the bidding procedure if other entities' technical resources are used when implementing the concession; |
| --- | --- |

5)

written undertakings to make technical resources available to the entity taking part in the bidding procedure if other entities' technical resources are used when implementing the concession;

| 6) | two copies of the geological operations project file. |
| --- | --- |

6)

two copies of the geological operations project file.

| 4. | Bidders may, on their own initiative, provide additional information in their bids or attach additional documents thereto. |
| --- | --- |

4.

Bidders may, on their own initiative, provide additional information in their bids or attach additional documents thereto.

| 5. | Documents submitted by bidders should be originals or certified true copies of originals as provided for in the Code of Administrative Procedure. This requirement does not apply to copies of documents which are to be attached to bids and were created by the concession authority. |
| --- | --- |

5.

Documents submitted by bidders should be originals or certified true copies of originals as provided for in the Code of Administrative Procedure. This requirement does not apply to copies of documents which are to be attached to bids and were created by the concession authority.

| 6. | Documents drawn up in a foreign language should be submitted together with a translation into Polish by a sworn translator. |
| --- | --- |

6.

Documents drawn up in a foreign language should be submitted together with a translation into Polish by a sworn translator.

| 7. | Bids are to be submitted in a sealed envelope or a sealed package bearing the name (business name) of the bidder and indicating the subject of the bidding procedure. |
| --- | --- |

7.

Bids are to be submitted in a sealed envelope or a sealed package bearing the name (business name) of the bidder and indicating the subject of the bidding procedure.

| 8. | Bids submitted after the expiry of the time limit for the submission of bids will be returned to the bidders unopened. |
| --- | --- |

8.

Bids submitted after the expiry of the time limit for the submission of bids will be returned to the bidders unopened.

14)   information concerning the manner of lodging a deposit, the amount of the deposit and the payment date:

Bidders are required to lodge a deposit of PLN 1 000 (in words: one thousand zlotys) before the expiry of the the time limit for the submission of bids in the account of the Ministry of the Environment – NBP O/O Warsaw No 93 1010 1010 0006 3513 9120 0000.

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

A bid evaluation committee is appointed by the concession authority for the purpose of conducting the bidding procedure and selecting the most advantageous bid. The composition and rules of procedure of the committee are specified in the Cabinet Regulation of 28 July 2015 on bidding procedures for concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and for concessions for the extraction of hydrocarbons (Journal of Laws 2015, item 1171). The bid evaluation committee submits a report on the bidding procedure to the concession authority for approval. Together with bids and all documents related to the bidding procedure, the report is open to other entities submitting bids.

IV.2)   Additional explanations

Within seven days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within seven days from the receipt of the request, the concession authority will publish the explanations in the Biuletyn Informacji Publicznej (Public Information Bulletin), on the page of the administrative office subordinate to that authority.

IV.3)   Additional information

Full information about the area covered by the bidding procedure has been compiled by the Polish Geological Service in the Pakiet danych geologicznych (Geological Data Pack), which is available on the Ministry of the Environment's Public Information Bulletin website (www.bip.mos.gov.pl) and from

| Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department] |
| --- |
| Ministerstwo Środowiska [Ministry of the Environment] |
| ul. Wawelska 52/54 |
| 00-922 Warsaw |
| POLSKA/POLAND |
| Tel. +48 223692449 |
| Fax +48 223692460 |

Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department]

Ministerstwo Środowiska [Ministry of the Environment]

ul. Wawelska 52/54

00-922 Warsaw

POLSKA/POLAND

Tel. +48 223692449

Fax +48 223692460

---

ANNEX

AGREEMENT

establishing mining usufruct rights for the prospection and exploration of natural gas deposits and the extraction of natural gas in the ‘Piła’ area

concluded at Warsaw on ... 2016 between:

the State Treasury, represented by the Minister for the Environment, for and on behalf of whom Mr Mariusz Orion Jędrysek, State Secretary at the Ministry of the Environment and Chief Geologist of Poland, acts under power of attorney No 15 of 15 November 2016, hereinafter referred to as the ‘State Treasury’

and

XXX, having its registered office at: ... (full address) ...

hereinafter referred to as the ‘Holder of Mining Usufruct Rights’,

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Szydłowo, Kaczory, Miasteczko Krajeńskie, Białośliwie, Czarnków, Chodzież, the towns and municipalities of Krajenka, Wysoka, Trzcianka, Ujście, Margonin, Szamocin, Gołańcz and the towns of Piła and Chodzież in Wielkopolskie Province, and the municipality of Wałcz in Zachodniopomorskie Province, the boundaries of which are defined by lines joining points (1 to 6) having the following coordinates in the PL-1992 coordinate system:







  No | Coordinates |
| --- | --- | --- |
| X | Y |
| 1 | 583 341,110 | 378 925,810 |
| 2 | 572 026,540 | 378 791,780 |
| 3 | 572 856,780 | 349 419,600 |
| 4 | 580 980,150 | 332 427,200 |
| 5 | 601 193,830 | 333 133,140 |
| 6 | 600 818,160 | 345 067,120 |

1.

The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Szydłowo, Kaczory, Miasteczko Krajeńskie, Białośliwie, Czarnków, Chodzież, the towns and municipalities of Krajenka, Wysoka, Trzcianka, Ujście, Margonin, Szamocin, Gołańcz and the towns of Piła and Chodzież in Wielkopolskie Province, and the municipality of Wałcz in Zachodniopomorskie Province, the boundaries of which are defined by lines joining points (1 to 6) having the following coordinates in the PL-1992 coordinate system:

No

Coordinates

X

Y

1

583 341,110

378 925,810

2

572 026,540

378 791,780

3

572 856,780

349 419,600

4

580 980,150

332 427,200

5

601 193,830

333 133,140

6

600 818,160

345 067,120

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and beneath by the floor of Permian formations, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of natural gas deposits and the extraction of natural gas in the ‘Piła’ area within one year from the date of the agreement establishing the mining usufruct rights.

| 2. | If the condition of obtaining the concession referred to in paragraph 1 is not met, the obligations arising under the agreement shall expire. |
| --- | --- |

2.

If the condition of obtaining the concession referred to in paragraph 1 is not met, the obligations arising under the agreement shall expire.

| 3. | Within the rock mass area specified in paragraph 1, the Holder of Mining Usufruct Rights may:






  1) | in Permian formations, carry out activities relating to the prospection and exploration of natural gas deposits and the extraction of natural gas, and |
| --- | --- | --- |

3.

Within the rock mass area specified in paragraph 1, the Holder of Mining Usufruct Rights may:

1)

in Permian formations, carry out activities relating to the prospection and exploration of natural gas deposits and the extraction of natural gas, and

| 2) | in the rest of the area, carry out any works and activities that are necessary in order to gain access to the Permian formations. |
| --- | --- |

2)

in the rest of the area, carry out any works and activities that are necessary in order to gain access to the Permian formations.

| 4. | The surface area of the vertical projection of the area described above is 942,19 km2. |
| --- | --- |

4.

The surface area of the vertical projection of the area described above is 942,19 km2.

Section 2

| 1. | The agreement establishing mining usufruct rights shall take effect on the date on which the concession is obtained. |
| --- | --- |

1.

The agreement establishing mining usufruct rights shall take effect on the date on which the concession is obtained.

| 2. | The mining usufruct rights shall be established for a period of 10 years, including five years for the prospection and exploration phase and five years for the extraction phase, subject to the provisions of Section 9. |
| --- | --- |

2.

The mining usufruct rights shall be established for a period of 10 years, including five years for the prospection and exploration phase and five years for the extraction phase, subject to the provisions of Section 9.

| 3. | The mining usufruct rights shall expire on the date on which the concession is terminated. |
| --- | --- |

3.

The mining usufruct rights shall expire on the date on which the concession is terminated.

Section 3

| 1. | The mining usufruct rights entitle the Holder of Mining Usufruct Rights to use the area specified in Section 1 on an exclusive basis for the prospection and exploration of natural gas deposits and the extraction of natural gas in the ‘Piła’ area, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Dziennik Ustaw (Journal of Laws) 2016, item 1131), hereinafter referred to as the ‘Geological and Mining Law Act’, and decisions issued pursuant thereto. During the prospection and exploration phase, the Holder of Mining Usufruct Rights may develop the minerals being explored only to the extent necessary to draw up geological and investment documentation. |
| --- | --- |

1.

The mining usufruct rights entitle the Holder of Mining Usufruct Rights to use the area specified in Section 1 on an exclusive basis for the prospection and exploration of natural gas deposits and the extraction of natural gas in the ‘Piła’ area, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Dziennik Ustaw (Journal of Laws) 2016, item 1131), hereinafter referred to as the ‘Geological and Mining Law Act’, and decisions issued pursuant thereto. During the prospection and exploration phase, the Holder of Mining Usufruct Rights may develop the minerals being explored only to the extent necessary to draw up geological and investment documentation.

| 2. | The Holder of Mining Usufruct Rights undertakes to notify the State Treasury in writing of any changes resulting in a change of name or organisational form, changes in registration and identification numbers or increases or reductions in share capital, of the transfer of the concession to another entity by operation of law, the filing of a bankruptcy petition, the declaration of bankruptcy, the initiation of arrangement proceedings or the initiation of liquidation proceedings. The State Treasury may require that the necessary explanations be provided in such cases. Notification shall take place within 30 days from the date on which the circumstances referred to above occur. |
| --- | --- |

2.

The Holder of Mining Usufruct Rights undertakes to notify the State Treasury in writing of any changes resulting in a change of name or organisational form, changes in registration and identification numbers or increases or reductions in share capital, of the transfer of the concession to another entity by operation of law, the filing of a bankruptcy petition, the declaration of bankruptcy, the initiation of arrangement proceedings or the initiation of liquidation proceedings. The State Treasury may require that the necessary explanations be provided in such cases. Notification shall take place within 30 days from the date on which the circumstances referred to above occur.

Section 4

The agreement shall be without prejudice to the rights of third parties, in particular owners of land, and the Holder of Mining Usufruct Rights shall not be exempt from the need to comply with requirements provided for by law, in particular those relating to the prospection and exploration of minerals and the protection and use of environmental resources.

Section 5

The State Treasury reserves the right to establish within the area referred to in Section 1(1) mining usufruct rights for the purpose of carrying out activities other than those specified in the agreement, in a manner which does not infringe the rights of the Holder of Mining Usufruct Rights.

Section 6

| 1. | The Holder of Mining Usufruct Rights shall pay the State Treasury the following fee for the mining usufruct rights in the area specified in Section 1(1) during the five-year prospection and exploration phase for each year of mining usufruct (counted as 12 consecutive months):






  a) | PLN ... (amount) (in words: ... zlotys) for the first year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- | --- |

1.

The Holder of Mining Usufruct Rights shall pay the State Treasury the following fee for the mining usufruct rights in the area specified in Section 1(1) during the five-year prospection and exploration phase for each year of mining usufruct (counted as 12 consecutive months):

a)

PLN ... (amount) (in words: ... zlotys) for the first year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

| b) | PLN ... (amount) (in words: ... zlotys) for the second year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- |

b)

PLN ... (amount) (in words: ... zlotys) for the second year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

| c) | PLN ... (amount) (in words: ... zlotys) for the third year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- |

c)

PLN ... (amount) (in words: ... zlotys) for the third year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

| d) | PLN ... (amount) (in words: ... zlotys) for the fourth year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- |

d)

PLN ... (amount) (in words: ... zlotys) for the fourth year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

| e) | PLN ... (amount) (in words: ... zlotys) for the fifth year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- |

e)

PLN ... (amount) (in words: ... zlotys) for the fifth year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

— subject to the provisions of paragraph 2.

| 2. | If the date for payment of the fee due for a given year of mining usufruct falls between 1 January and 1 March, the Holder of Mining Usufruct Rights shall pay the fee by 1 March. However, if the fee is subject to indexation in accordance with paragraphs 3 to 5, the Holder of Mining Usufruct Rights shall pay it no earlier than the date on which the index referred to in paragraph 3 is announced, after taking that index into account. |
| --- | --- |

2.

If the date for payment of the fee due for a given year of mining usufruct falls between 1 January and 1 March, the Holder of Mining Usufruct Rights shall pay the fee by 1 March. However, if the fee is subject to indexation in accordance with paragraphs 3 to 5, the Holder of Mining Usufruct Rights shall pay it no earlier than the date on which the index referred to in paragraph 3 is announced, after taking that index into account.

| 3. | The fee specified in paragraph 1 shall be indexed to average annual consumer price indices set for the period from the conclusion of this agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette of the Republic of Poland). |
| --- | --- |

3.

The fee specified in paragraph 1 shall be indexed to average annual consumer price indices set for the period from the conclusion of this agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette of the Republic of Poland).

| 4. | If the date for payment of the fee falls in the same calendar year as that in which the agreement was concluded, the fee shall not be indexed. |
| --- | --- |

4.

If the date for payment of the fee falls in the same calendar year as that in which the agreement was concluded, the fee shall not be indexed.

| 5. | If the agreement was concluded and took effect in the year preceding the year in which the date for payment of the fee falls, the fee shall not be indexed if the Holder of Mining Usufruct Rights pays it by the end of the calendar year in which the agreement is concluded and takes effect. |
| --- | --- |

5.

If the agreement was concluded and took effect in the year preceding the year in which the date for payment of the fee falls, the fee shall not be indexed if the Holder of Mining Usufruct Rights pays it by the end of the calendar year in which the agreement is concluded and takes effect.

| 6. | If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the agreement before the time limit specified in Section 2(1) and (2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 9(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 2(1) and (2), taking into account indexation for the year preceding the termination of the agreement. The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits. |
| --- | --- |

6.

If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the agreement before the time limit specified in Section 2(1) and (2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 9(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 2(1) and (2), taking into account indexation for the year preceding the termination of the agreement. The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw Branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, for the establishment of mining usufruct rights in connection with a concession for the prospection and exploration of natural gas deposits and the extraction of natural gas in the ‘Piła’ area.
  The date of payment shall be the date on which the funds are credited to the State Treasury's account. |
| --- | --- |

7.

The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw Branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, for the establishment of mining usufruct rights in connection with a concession for the prospection and exploration of natural gas deposits and the extraction of natural gas in the ‘Piła’ area.

The date of payment shall be the date on which the funds are credited to the State Treasury's account.

| 8. | The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended to the effect that the activities which are the subject of this agreement are subject to taxation, the amount of the fee shall be increased by the amount of tax due. |
| --- | --- |

8.

The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended to the effect that the activities which are the subject of this agreement are subject to taxation, the amount of the fee shall be increased by the amount of tax due.

| 9. | The State Treasury shall notify the Holder of Mining Usufruct Rights in writing of changes in the number of the account referred to in paragraph 7. |
| --- | --- |

9.

The State Treasury shall notify the Holder of Mining Usufruct Rights in writing of changes in the number of the account referred to in paragraph 7.

| 10. | The Holder of Mining Usufruct Rights shall send copies of proof of payment of the fee referred to in paragraph 1 to the State Treasury within seven days from the date of payment of the fee for the establishment of the mining usufruct rights. |
| --- | --- |

10.

The Holder of Mining Usufruct Rights shall send copies of proof of payment of the fee referred to in paragraph 1 to the State Treasury within seven days from the date of payment of the fee for the establishment of the mining usufruct rights.

Section 7

After the Holder of Mining Usufruct Rights obtains an investment decision specifying the conditions for the extraction of oil and natural gas, the parties shall, within 30 days from the date of that decision, sign an annex to this agreement specifying the conditions for the implementation of the agreement during the extraction phase.

Section 8

The Holder of Mining Usufruct Rights may exercise the mining usufruct rights established in Section 1(1) only after obtaining written consent from the State Treasury.

Section 9

| 1. | If the Holder of Mining Usufruct Rights infringes obligations laid down in the agreement, the State Treasury may, subject to the provisions of paragraphs 3 and 4, terminate the agreement with immediate effect, without the Holder of Mining Usufruct Rights being entitled to make any property claims. However, the agreement shall not be terminated if the Holder of Mining Usufruct Rights has infringed obligations under the agreement due to force majeure. |
| --- | --- |

1.

If the Holder of Mining Usufruct Rights infringes obligations laid down in the agreement, the State Treasury may, subject to the provisions of paragraphs 3 and 4, terminate the agreement with immediate effect, without the Holder of Mining Usufruct Rights being entitled to make any property claims. However, the agreement shall not be terminated if the Holder of Mining Usufruct Rights has infringed obligations under the agreement due to force majeure.

| 2. | If the agreement is terminated for the reasons specified in paragraph 1, the Holder of Mining Usufruct Rights shall pay the State Treasury a contractual penalty of 25 % of the fee for the entire usufruct period specified in Section 2(1) and (2), subject to indexation for the year preceding the year in which the agreement was terminated. |
| --- | --- |

2.

If the agreement is terminated for the reasons specified in paragraph 1, the Holder of Mining Usufruct Rights shall pay the State Treasury a contractual penalty of 25 % of the fee for the entire usufruct period specified in Section 2(1) and (2), subject to indexation for the year preceding the year in which the agreement was terminated.

| 3. | If the Holder of Mining Usufruct Rights delays payment of the fee by more than seven days beyond the deadlines specified in Section 6(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within seven days from the receipt of the request, failing which the agreement will be terminated with immediate effect. |
| --- | --- |

3.

If the Holder of Mining Usufruct Rights delays payment of the fee by more than seven days beyond the deadlines specified in Section 6(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within seven days from the receipt of the request, failing which the agreement will be terminated with immediate effect.

| 4. | The State Treasury may terminate the agreement in whole or in part by giving 30 days' notice, effective at the end of the calendar month, if the Holder of Mining Usufruct Rights does not inform the State Treasury of the circumstances referred to in Section 3(2) within 30 days from their occurrence. |
| --- | --- |

4.

The State Treasury may terminate the agreement in whole or in part by giving 30 days' notice, effective at the end of the calendar month, if the Holder of Mining Usufruct Rights does not inform the State Treasury of the circumstances referred to in Section 3(2) within 30 days from their occurrence.

| 5. | The Holder of Mining Usufruct Rights shall be bound by the agreement until the date on which the concession is terminated and may not terminate the agreement. |
| --- | --- |

5.

The Holder of Mining Usufruct Rights shall be bound by the agreement until the date on which the concession is terminated and may not terminate the agreement.

| 6. | The agreement shall be terminated in writing, failing which the termination shall not be valid. |
| --- | --- |

6.

The agreement shall be terminated in writing, failing which the termination shall not be valid.

| 7. | The parties agree that if the State Treasury terminates the agreement, the fee paid for the mining usufruct rights, referred to in Section 6(1), shall not be reimbursed. |
| --- | --- |

7.

The parties agree that if the State Treasury terminates the agreement, the fee paid for the mining usufruct rights, referred to in Section 6(1), shall not be reimbursed.

| 8. | The State Treasury reserves the right to seek compensation in excess of the amount of contractual penalties on general terms if the amount of damage incurred by the State Treasury exceeds the contractual penalties. |
| --- | --- |

8.

The State Treasury reserves the right to seek compensation in excess of the amount of contractual penalties on general terms if the amount of damage incurred by the State Treasury exceeds the contractual penalties.

Section 10

In the event of force majeure, the parties shall immediately make every effort to agree on a course of action. ‘Force majeure’ shall be understood as an unexpected event which directly affects the Holder of Mining Usufruct Rights, prevents the performance of the activities to which the agreement relates and cannot be predicted or avoided.

Section 11

The Holder of Mining Usufruct Rights may apply for the extension of the agreement, in whole or in part, and must do so in writing, failing which the application will be invalid.

Section 12

If the agreement is terminated, the Holder of Mining Usufruct Rights shall not be entitled to make any claims against the State Treasury for an increase in the value of the subject of the mining usufruct rights.

Section 13

Any disputes arising out of the agreement shall be resolved by the ordinary court having jurisdiction over the seat of the State Treasury.

Section 14

In matters not governed by the agreement, the provisions of the Geological and Mining Law Act and of the Civil Code, in particular those relating to leases, shall apply.

Section 15

The Holder of Mining Usufruct Rights shall bear the costs of concluding the agreement.

Section 16

Amendments to the agreement shall be made in writing, failing which they shall not be valid.

Section 17

This agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the Minister for the Environment).

State Treasury

Holder of Mining Usufruct Rights

---

| 2.3.2017 | EN | Official Journal of the European Union | C 66/16 |
| --- | --- | --- | --- |

2.3.2017

EN

Official Journal of the European Union

C 66/16

---

Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2017/C 66/07)

PUBLIC INVITATION TO BID FOR A CONCESSION FOR THE PROSPECTION AND EXPLORATION OF OIL AND NATURAL GAS DEPOSITS AND THE EXTRACTION OF OIL AND NATURAL GAS IN THE ‘LESZNO’ AREA

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Dziennik Ustaw (Journal of Laws) 2016, item 1131) |
| --- | --- |

1.

Article 49h(2) of the Geological and Mining Law Act (Dziennik Ustaw (Journal of Laws) 2016, item 1131)

| 2. | Cabinet Regulation of 28 July 2015 on bidding for concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and concessions for the extraction of hydrocarbons (Journal of Laws 2015, item 1171) |
| --- | --- |

2.

Cabinet Regulation of 28 July 2015 on bidding for concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and concessions for the extraction of hydrocarbons (Journal of Laws 2015, item 1171)

| 3. | Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3; Special edition in Polish: Chapter 6, Volume 2, p. 262) |
| --- | --- |

3.

Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3; Special edition in Polish: Chapter 6, Volume 2, p. 262)

SECTION II: ENTITY INVITING BIDS

| Name: Ministerstwo Środowiska (Ministry of the Environment) |
| --- |
| Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| Tel. +48 223692449, +48 223692447; Fax +48 223692460 |
| Website: www.mos.gov.pl |

Name: Ministerstwo Środowiska (Ministry of the Environment)

Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland

Tel. +48 223692449, +48 223692447; Fax +48 223692460

Website: www.mos.gov.pl

SECTION III: SUBJECT OF THE PROCEDURE

1.   type of activities for which the concession is to be granted:

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Leszno’ area, concession blocks 226, 245 and 246.

2.   area within which the activities are to be conducted:

The boundaries of the area covered by this bidding procedure are defined by lines joining points with the following coordinates in the PL-1992 coordinate system:

| Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 466 689,560 | 337 158,511 |
| 2 | 466 644,385 | 337 595,470 |
| 3 | 467 081,589 | 338 410,259 |
| 4 | 466 285,501 | 338 174,746 |
| 5 | 466 127,497 | 337 330,790 |
| 6 | 465 569,170 | 337 388,835 |
| 7 | 465 510,407 | 338 244,912 |
| 8 | 464 695,800 | 338 580,800 |
| 9 | 464 592,681 | 338 901,650 |
| 10 | 465 144,249 | 340 978,731 |
| 11 | 464 295,400 | 342 400,978 |
| 12 | 464 475,266 | 342 578,282 |
| 13 | 465 608,937 | 342 132,347 |
| 14 | 461 815,480 | 351 708,880 |
| 15 | 460 228,570 | 355 230,040 |
| 16 | 460 036,440 | 362 017,350 |
| 17 | 458 190,400 | 361 718,220 |
| 18 | 436 498,396 | 361 368,446 |
| 19 | 436 501,630 | 361 242,930 |
| 20 | 436 769,020 | 355 921,345 |
| 21 | 436 798,340 | 355 337,820 |
| 22 | 441 243,476 | 318 392,537 |
| 23 | 459 794,179 | 322 788,021 |
| 24 | 456 667,226 | 328 120,689 |
| 25 | 468 260,858 | 335 437,605 |
| 26 | 467 589,228 | 337 133,127 |
| 27 | 467 407,893 | 336 934,213 |

Point No

X [PL-1992]

Y [PL-1992]

1

466 689,560

337 158,511

2

466 644,385

337 595,470

3

467 081,589

338 410,259

4

466 285,501

338 174,746

5

466 127,497

337 330,790

6

465 569,170

337 388,835

7

465 510,407

338 244,912

8

464 695,800

338 580,800

9

464 592,681

338 901,650

10

465 144,249

340 978,731

11

464 295,400

342 400,978

12

464 475,266

342 578,282

13

465 608,937

342 132,347

14

461 815,480

351 708,880

15

460 228,570

355 230,040

16

460 036,440

362 017,350

17

458 190,400

361 718,220

18

436 498,396

361 368,446

19

436 501,630

361 242,930

20

436 769,020

355 921,345

21

436 798,340

355 337,820

22

441 243,476

318 392,537

23

459 794,179

322 788,021

24

456 667,226

328 120,689

25

468 260,858

335 437,605

26

467 589,228

337 133,127

27

467 407,893

336 934,213

The surface area of the vertical projection of the area covered by this bidding procedure is 966,43 km2.

The area covered by the bidding procedure is located in the following districts and municipalities:

Wielkopolskie Province

| | Wolsztyn district: municipality of Przemęt (< 0,00 % of the area); |
| --- | --- |

Wolsztyn district: municipality of Przemęt (< 0,00 % of the area);

| | Kościan district: municipalities of Śmigiel (9,10 %), Kościan (2,57 %), Krzywiń (11,56 %); |
| --- | --- |

Kościan district: municipalities of Śmigiel (9,10 %), Kościan (2,57 %), Krzywiń (11,56 %);

| | Leszno district: municipalities of Włoszakowice (4,04 %), Lipno (10,73 %), Święciechowa (10,78 %), Osieczna (13,30 %), Rydzyna (6,45 %), Krzemieniewo (11,70 %); |
| --- | --- |

Leszno district: municipalities of Włoszakowice (4,04 %), Lipno (10,73 %), Święciechowa (10,78 %), Osieczna (13,30 %), Rydzyna (6,45 %), Krzemieniewo (11,70 %);

| | Leszno district: municipality of Leszno (3,29 %); |
| --- | --- |

Leszno district: municipality of Leszno (3,29 %);

| | Gostyń district: municipalities of Gostyń (7,94 %), Poniec (6,16 %), Krobia (1,58 %); |
| --- | --- |

Gostyń district: municipalities of Gostyń (7,94 %), Poniec (6,16 %), Krobia (1,58 %);

Lubuskie Province

| | Wschowa district: municipality of Wschowa (0,78 %). |
| --- | --- |

Wschowa district: municipality of Wschowa (0,78 %).

The aim of the works to be carried out in Permian and Carboniferous formations is to document and extract oil and natural gas in the area described above.

3.   time limit, not less than 90 days from the date of publication of the notice, and place for the submission of bids:

Bids must be submitted to the headquarters of the Ministry of the Environment no later than 16:00 CET/CEST on the last day of the 91-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union. The number of bids and names of the bidders will be presented at a public meeting of the bid evaluation committee within 14 days from the expiry of the period for the submission of bids.

4.   detailed bid specifications, including the bid evaluation criteria and a specification of their weighting, ensuring that the conditions referred to in Article 49k of the Geological and Mining Law Act of 9 June 2011 are fulfilled:

Bids may be submitted by entities in respect of which a decision has been issued confirming the positive outcome of a qualification procedure, as provided for in Article 49a(16)(1) and (2) of the Geological and Mining Law Act, independently, or as the operator if several entities are applying jointly for the concession.

Bids received will be evaluated by the bid evaluation committee on the basis of the following criteria:

| 30 % | – | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| --- | --- | --- |
| 25 % | – | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential; |
| 20 % | – | scope and scheduling of the geological works, including geological operations, or mining operations proposed; |
| 10 % | – | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection; |
| 10 % | – | the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project; |
| 5 % | – | scope and scheduling of the mandatory collection of samples obtained during geological operations, including drill cores. |

30 %

–

financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing;

25 %

–

technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential;

20 %

–

scope and scheduling of the geological works, including geological operations, or mining operations proposed;

10 %

–

experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection;

10 %

–

the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project;

5 %

–

scope and scheduling of the mandatory collection of samples obtained during geological operations, including drill cores.

If, following the evaluation of bids on the basis of the criteria specified above, two or more bids obtain the same score, the amount of the fee for the establishment of mining usufruct rights due during the prospection and exploration phase will be used as an additional criterion allowing a final choice to be made between the bids concerned.

5.   minimum scope of geological information:

| Concession data | name of area: Leszno
  location: onshore; concession blocks 226, 245 and 246 |
| --- | --- |
| Type of deposit | conventional oil and natural gas deposits |
| Structural levels | Cenozoic
  Zechstein + Mesozoic
  Carboniferous + Rotliegend |
| Petroleum systems | conventional |
| Source rocks | lower and upper Carboniferous mudstone-clay series, Main Dolomite carbonate rocks |
| Reservoir rocks | mainly Rotliegend sandstones, secondarily fractured Carboniferous rocks, Zechstein Limestone and Main Dolomite carbonate rocks |
| Seal rocks | Zechstein evaporites |
| Thickness of overburden | 1 500 -1 800 m for the Main Dolomite
  1 800 -2 400 m for the Rotliegend and Zechstein Limestone
  2 100 -2 600 m for Carboniferous rocks |
| Trap type | structural |
| Deposits identified in the vicinity (NG – natural gas) | Brońsko (NG)– discovered in 2001; cumulative production (14 years): 7 920,35 million m3; production in 2015: 781,0 million m3; reserves and resources: 15 797,79 million m3 (industrial: 15 178,85 million m3)
  Kościan S (NG)– discovered in 1995; cumulative production (14 years): 6 577,74 million m3; production in 2015: 370,87 million m3; reserves and resources: 3 781,94 million m3 (industrial: 2 204,94 million m3)
  Ruchocice (NG)– discovered in 2003; cumulative production (6 years): 348,28 million m3; production in 2015: 40,99 million m3; reserves and resources: 484,72 million m3 (industrial: 453,02 million m3)
  Wielichowo (NG)– discovered in 2002; cumulative production (6 years): 536,38 million m3; production in 2015: 91,64 million m3; reserves and resources: 863,62 million m3 (industrial: 852,86 million m3)
  Tarchały (NG)– discovered in 1970; cumulative production (42 years): 1 855,06 million m3; production in 2015: 17,18 million m3; reserves and resources: 1 537,75 million m3 (industrial: 429,94 million m3)
  Ujazd (NG)– discovered in 1978; cumulative production (38 years): 1 316,36 million m3; production in 2015: 0,51 million m3; reserves and resources: 103,64 million m3 (industrial: 5,96 million m3)
  Grodzisk Wielkopolski (NG)– discovered in 1976; exploited 1978-2004; cumulative production (27 years): 1 966,65 million m3

  Żakowo (NG)– discovered in 1965; unexploited; reserves and resources: 2 150 million m3

  Kąkolewo (NG)– discovered in 1970; unexploited; reserves and resources: 240 million m3 (industrial: none) |
| Seismic surveys completed (rightholder) | 1975-1977 Kościan-Gostyń 2D (State Treasury)
  1975-1976 Kościan-Śrem 2D (State Treasury)
  1975 Regional profile 2D (State Treasury)
  1975 Wschowa-Gostyń-Milicz 2D (State Treasury)
  1976 Pre-Sudeten Monocline 2D (State Treasury)
  1976-1979 Nowa Sól-Góra-Milicz 2D (State Treasury)
  1980 Góra-Rawicz 2D (State Treasury)
  1986-1988 Leszno-Rawicz 2D (State Treasury)
  1988 Pogorzela-Krotoszyn 2D (State Treasury)
  1988 Śrem-Gostyń 2D (State Treasury)
  1989 Leszno-Rawicz 2D (PGNiG)
  1989-1990 Nowy Tomyśl-Wolsztyn-Leszno 2D (PGNiG)
  1989 Śrem-Gostyń 2D (PGNiG)
  1990-1992 Sława-Leszno 2D (PGNiG)
  1992 Kościan-Śrem 2D (PGNiG)
  1996 Zbarzewo 3D (PGNiG)
  1997-1999 Kościan-Krobia 2D (PGNiG)
  1998 Kościan-Krzywin 3D (PGNiG)
  1998-1999 Jaraczewo-Pogorzela 2D (PGNiG)
  2013 Tworzanice 3D (FX Energy)
  2012 Kościan-Żakowo-Frankowo 2D/3D (FX Energy) |
| Benchmark and offset wells (TVD) | benchmark wells: Jezierzyce 1 (2 668 m), Święciechowa 1 (2 776,8 m), Święciechowa 2 (2 200 m), Żakowo 6 (2 216 m), Górka Duchowna 1 (2 443 m, FX Energy)
  offset wells: Dąbcze 2 (2 203,7 m), Śmiłowo 1 (2 130 m), Siciny 2 (3 520 m), Siciny IG-1 (3 000 m), Gościejewice 1 (2 048 m), Wycisłowo IG-1 (3 160 m), Brońsko boreholes 1, 2, 4, 5, 6, 7, 8, 9 and 11 (2 206 -2 609 m) |

Concession data

name of area: Leszno

location: onshore; concession blocks 226, 245 and 246

Type of deposit

conventional oil and natural gas deposits

Structural levels

Cenozoic

Zechstein + Mesozoic

Carboniferous + Rotliegend

Petroleum systems

conventional

Source rocks

lower and upper Carboniferous mudstone-clay series, Main Dolomite carbonate rocks

Reservoir rocks

mainly Rotliegend sandstones, secondarily fractured Carboniferous rocks, Zechstein Limestone and Main Dolomite carbonate rocks

Seal rocks

Zechstein evaporites

Thickness of overburden

1 500 -1 800 m for the Main Dolomite

1 800 -2 400 m for the Rotliegend and Zechstein Limestone

2 100 -2 600 m for Carboniferous rocks

Trap type

structural

Deposits identified in the vicinity (NG – natural gas)

Brońsko (NG)– discovered in 2001; cumulative production (14 years): 7 920,35 million m3; production in 2015: 781,0 million m3; reserves and resources: 15 797,79 million m3 (industrial: 15 178,85 million m3)

Kościan S (NG)– discovered in 1995; cumulative production (14 years): 6 577,74 million m3; production in 2015: 370,87 million m3; reserves and resources: 3 781,94 million m3 (industrial: 2 204,94 million m3)

Ruchocice (NG)– discovered in 2003; cumulative production (6 years): 348,28 million m3; production in 2015: 40,99 million m3; reserves and resources: 484,72 million m3 (industrial: 453,02 million m3)

Wielichowo (NG)– discovered in 2002; cumulative production (6 years): 536,38 million m3; production in 2015: 91,64 million m3; reserves and resources: 863,62 million m3 (industrial: 852,86 million m3)

Tarchały (NG)– discovered in 1970; cumulative production (42 years): 1 855,06 million m3; production in 2015: 17,18 million m3; reserves and resources: 1 537,75 million m3 (industrial: 429,94 million m3)

Ujazd (NG)– discovered in 1978; cumulative production (38 years): 1 316,36 million m3; production in 2015: 0,51 million m3; reserves and resources: 103,64 million m3 (industrial: 5,96 million m3)

Grodzisk Wielkopolski (NG)– discovered in 1976; exploited 1978-2004; cumulative production (27 years): 1 966,65 million m3

Żakowo (NG)– discovered in 1965; unexploited; reserves and resources: 2 150 million m3

Kąkolewo (NG)– discovered in 1970; unexploited; reserves and resources: 240 million m3 (industrial: none)

Seismic surveys completed (rightholder)

1975-1977 Kościan-Gostyń 2D (State Treasury)

1975-1976 Kościan-Śrem 2D (State Treasury)

1975 Regional profile 2D (State Treasury)

1975 Wschowa-Gostyń-Milicz 2D (State Treasury)

1976 Pre-Sudeten Monocline 2D (State Treasury)

1976-1979 Nowa Sól-Góra-Milicz 2D (State Treasury)

1980 Góra-Rawicz 2D (State Treasury)

1986-1988 Leszno-Rawicz 2D (State Treasury)

1988 Pogorzela-Krotoszyn 2D (State Treasury)

1988 Śrem-Gostyń 2D (State Treasury)

1989 Leszno-Rawicz 2D (PGNiG)

1989-1990 Nowy Tomyśl-Wolsztyn-Leszno 2D (PGNiG)

1989 Śrem-Gostyń 2D (PGNiG)

1990-1992 Sława-Leszno 2D (PGNiG)

1992 Kościan-Śrem 2D (PGNiG)

1996 Zbarzewo 3D (PGNiG)

1997-1999 Kościan-Krobia 2D (PGNiG)

1998 Kościan-Krzywin 3D (PGNiG)

1998-1999 Jaraczewo-Pogorzela 2D (PGNiG)

2013 Tworzanice 3D (FX Energy)

2012 Kościan-Żakowo-Frankowo 2D/3D (FX Energy)

Benchmark and offset wells (TVD)

benchmark wells: Jezierzyce 1 (2 668 m), Święciechowa 1 (2 776,8 m), Święciechowa 2 (2 200 m), Żakowo 6 (2 216 m), Górka Duchowna 1 (2 443 m, FX Energy)

offset wells: Dąbcze 2 (2 203,7 m), Śmiłowo 1 (2 130 m), Siciny 2 (3 520 m), Siciny IG-1 (3 000 m), Gościejewice 1 (2 048 m), Wycisłowo IG-1 (3 160 m), Brońsko boreholes 1, 2, 4, 5, 6, 7, 8, 9 and 11 (2 206 -2 609 m)

6.   commencement date of activities:

The activities covered by the concession will commence within 14 days from the date on which the decision granting the concession becomes final.

7.   conditions for granting the concession, in particular concerning the amount, scope and manner of providing the security referred to in Article 49x(1) of the Geological and Mining Law Act and, where justified, the amount, scope and manner of providing the security referred to in Article 49x(2) of that Act:

The successful bidder is required to provide a security covering non-compliance or inadequate compliance with the conditions laid down in the concession and for financing the closure of mine workings if the concession expires, is withdrawn or becomes invalid. This security is to be provided for the period from the date on which the concession is granted until the end of the prospection and exploration phase. The amount of the security is PLN 100 000. The form and date of its payment are governed by Article 49x(4) and (5) of the Geological and Mining Law Act.

8.   minimum scope of geological works, including geological operations, or mining operations:

The minimum programme of geological works proposed for the prospection and exploration phase comprises:

Stage I duration: 12 months

scope: interpreting and analysing archival geological data

Stage II duration: 12 months

scope: executing 3D seismic surveys

Stage III duration: 24 months

scope: drilling one borehole to a maximum depth of 3 000 m, with mandatory coring of prospective intervals

Stage IV duration: 12 months

scope: analysing the data obtained

9.   period for which the concession is to be granted:

The concession period is 10 years, including:

| — | a prospection and exploration phase of 5 years' duration, starting from the date on which the concession is granted, |
| --- | --- |

—

a prospection and exploration phase of 5 years' duration, starting from the date on which the concession is granted,

| — | an extraction phase, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

an extraction phase, starting from the date on which an investment decision is obtained.

10.   specific conditions for carrying out the activities and for ensuring public safety, public health, environmental protection and rational management of deposits:

Implementation of the concession work programme must not infringe landowners' rights and does not eliminate the need to comply with other requirements laid down in legislation, in particular the Geological and Mining Law Act, and requirements regarding land use, environmental protection, agricultural land and forests, nature, waters and waste.

During the assessment of the draft decision and the geological data pack, an objection was raised by the municipality of Krobia regarding the siting of the prospection and exploration works for the planned concession within its boundaries.

The performance of activities relating to the prospection, exploration and extraction of hydrocarbons shall take account of constraints arising from various nature conservation measures, a map of which can be found on the website of the General Directorate for Environmental Protection (http://geoserwis.gdos.gov.pl).

11.   model agreement on the establishment of mining usufruct rights:

The model agreement is attached as an annex hereto.

12.   information concerning the amount of the fee for establishing mining usufruct rights:

The minimum amount of the fee for establishing mining usufruct rights for the ‘Leszno’ area during the 5-year base period is PLN 205 385,70 (in words: two hundred and five thousand three hundred and eighty-five zlotys and seventy groszy) per annum. The annual fee for establishing mining usufruct rights for the purpose of the prospection and exploration of minerals is indexed to average annual consumer price indices set cumulatively for the period from the conclusion of the agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette) (Article 49h(3)(12) of the Geological and Mining Law Act).

13.   information concerning requirements to be met by bids and documents required from bidders:

| 1. | Bids should specify:






  1) | the name (business name) and the registered office of the bidder; |
| --- | --- | --- |

1.

Bids should specify:

1)

the name (business name) and the registered office of the bidder;

| 2) | the subject of the bid, together with a description defining the area within which the concession is to be granted and mining usufruct rights are to be established; |
| --- | --- |

2)

the subject of the bid, together with a description defining the area within which the concession is to be granted and mining usufruct rights are to be established;

| 3) | the period for which the concession is to be granted, the duration of the prospection and exploration phase and the commencement date of the activities; |
| --- | --- |

3)

the period for which the concession is to be granted, the duration of the prospection and exploration phase and the commencement date of the activities;

| 4) | the aim, scope and nature of geological works, including geological operations, or mining operations and information about the works to be carried out to achieve the intended objective and the technologies to be used; |
| --- | --- |

4)

the aim, scope and nature of geological works, including geological operations, or mining operations and information about the works to be carried out to achieve the intended objective and the technologies to be used;

| 5) | a timetable, broken down into years, for geological works, including geological operations, and the scope of such works; |
| --- | --- |

5)

a timetable, broken down into years, for geological works, including geological operations, and the scope of such works;

| 6) | the scope and timetable of the mandatory collection of samples obtained during geological operations, including drill cores, as referred to in Article 82(2)(2) of the Geological and Mining Law Act; |
| --- | --- |

6)

the scope and timetable of the mandatory collection of samples obtained during geological operations, including drill cores, as referred to in Article 82(2)(2) of the Geological and Mining Law Act;

| 7) | rights held by the bidder to the real property (area) within which the intended activities are to be carried out, or the right for the establishment of which that entity is applying; |
| --- | --- |

7)

rights held by the bidder to the real property (area) within which the intended activities are to be carried out, or the right for the establishment of which that entity is applying;

| 8) | a list of areas covered by nature conservation schemes; this requirement does not concern projects for which a decision on environmental conditions is required; |
| --- | --- |

8)

a list of areas covered by nature conservation schemes; this requirement does not concern projects for which a decision on environmental conditions is required;

| 9) | the way in which the adverse environmental impacts of the intended activities are to be counteracted; |
| --- | --- |

9)

the way in which the adverse environmental impacts of the intended activities are to be counteracted;

| 10) | the scope of the geological information available to the bidder; |
| --- | --- |

10)

the scope of the geological information available to the bidder;

| 11) | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection; |
| --- | --- |

11)

experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection;

| 12) | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential; |
| --- | --- |

12)

technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential;

| 13) | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| --- | --- |

13)

financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing;

| 14) | the proposed technology for conducting geological works, including geological operations, or mining operations; |
| --- | --- |

14)

the proposed technology for conducting geological works, including geological operations, or mining operations;

| 15) | the proposed amount of remuneration for establishing mining usufruct rights, this being not less than the amount specified in the notice launching the bidding procedure; |
| --- | --- |

15)

the proposed amount of remuneration for establishing mining usufruct rights, this being not less than the amount specified in the notice launching the bidding procedure;

| 16) | the proposed form of providing security, as referred to in Article 49x(4) of the Geological and Mining Law Act; |
| --- | --- |

16)

the proposed form of providing security, as referred to in Article 49x(4) of the Geological and Mining Law Act;

| 17) | if a bid is submitted jointly by several entities, it must additionally specify:






  a) | the names (business names) and the registered offices of all the entities submitting the bid; |
| --- | --- | --- |

17)

if a bid is submitted jointly by several entities, it must additionally specify:

a)

the names (business names) and the registered offices of all the entities submitting the bid;

| b) | the operator; |
| --- | --- |

b)

the operator;

| c) | the percentage shares in the costs of geological works, including geological operations, proposed in the cooperation agreement. |
| --- | --- |

c)

the percentage shares in the costs of geological works, including geological operations, proposed in the cooperation agreement.

| 2. | Bids submitted in a bidding procedure should meet the requirements and conditions laid down in the notice launching that bidding procedure. |
| --- | --- |

2.

Bids submitted in a bidding procedure should meet the requirements and conditions laid down in the notice launching that bidding procedure.

| 3. | The following documents are to be enclosed with bids:






  1) | evidence of the existence of the circumstances described in the bid, in particular extracts from the relevant registers; |
| --- | --- | --- |

3.

The following documents are to be enclosed with bids:

1)

evidence of the existence of the circumstances described in the bid, in particular extracts from the relevant registers;

| 2) | proof that a deposit has been lodged; |
| --- | --- |

2)

proof that a deposit has been lodged;

| 3) | a copy of the decision confirming the positive outcome of a qualification procedure, as provided for in Article 49a(17) of the Geological and Mining Law Act; |
| --- | --- |

3)

a copy of the decision confirming the positive outcome of a qualification procedure, as provided for in Article 49a(17) of the Geological and Mining Law Act;

| 4) | graphical annexes prepared in accordance with the requirements relating to mining maps, indicating the country's administrative boundaries; |
| --- | --- |

4)

graphical annexes prepared in accordance with the requirements relating to mining maps, indicating the country's administrative boundaries;

| 5) | written undertakings to make technical resources available to the entity taking part in the bidding procedure if other entities' technical resources are used when implementing the concession; |
| --- | --- |

5)

written undertakings to make technical resources available to the entity taking part in the bidding procedure if other entities' technical resources are used when implementing the concession;

| 6) | two copies of the geological operations project file. |
| --- | --- |

6)

two copies of the geological operations project file.

| 4. | Bidders may, on their own initiative, provide additional information in their bids or attach additional documents thereto. |
| --- | --- |

4.

Bidders may, on their own initiative, provide additional information in their bids or attach additional documents thereto.

| 5. | Documents submitted by bidders should be originals or certified true copies of originals as provided for in the Code of Administrative Procedure. This requirement does not apply to copies of documents which are to be attached to bids and were created by the concession authority. |
| --- | --- |

5.

Documents submitted by bidders should be originals or certified true copies of originals as provided for in the Code of Administrative Procedure. This requirement does not apply to copies of documents which are to be attached to bids and were created by the concession authority.

| 6. | Documents drawn up in a foreign language should be submitted together with a translation into Polish by a sworn translator. |
| --- | --- |

6.

Documents drawn up in a foreign language should be submitted together with a translation into Polish by a sworn translator.

| 7. | Bids are to be submitted in a sealed envelope or a sealed package bearing the name (business name) of the bidder and indicating the subject of the bidding procedure. |
| --- | --- |

7.

Bids are to be submitted in a sealed envelope or a sealed package bearing the name (business name) of the bidder and indicating the subject of the bidding procedure.

| 8. | Bids submitted after the expiry of the time limit for the submission of bids will be returned to the bidders unopened. |
| --- | --- |

8.

Bids submitted after the expiry of the time limit for the submission of bids will be returned to the bidders unopened.

14.   information concerning the manner of lodging a deposit, the amount of the deposit and the payment date:

Bidders are required to lodge a deposit of PLN 1 000 (in words: one thousand zlotys) before the expiry of the time limit for the submission of bids in the account of the Ministry of the Environment — NBP O/O Warsaw No 93 1010 1010 0006 3513 9120 0000.

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

A bid evaluation committee is appointed by the concession authority for the purpose of conducting the bidding procedure and selecting the most advantageous bid. The composition and rules of procedure of the committee are specified in the Cabinet Regulation of 28 July 2015 on bidding procedures for concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and for concessions for the extraction of hydrocarbons (Journal of Laws 2015, item 1171). The bid evaluation committee submits a report on the bidding procedure to the concession authority for approval. Together with bids and all documents related to the bidding procedure, the report is open to other entities submitting bids.

IV.2)   Additional explanations

Within seven days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within seven days from the receipt of the request, the concession authority will publish the explanations in the Biuletyn Informacji Publicznej (Public Information Bulletin), on the page of the administrative office subordinate to that authority.

IV.3)   Additional information

Full information about the area covered by the bidding procedure has been compiled by the Polish Geological Service in the Pakiet danych geologicznych (Geological Data Pack), which is available on the Ministry of the Environment's Public Information Bulletin website (www.bip.mos.gov.pl) and from

| Departament Geologii i Koncesji Geologicznych (Geology and Geological Concessions Department) |
| --- |
| Ministerstwo Środowiska (Ministry of the Environment) |
| ul. Wawelska 52/54 |
| 00-922 Warsaw |
| POLSKA/POLAND |
| Tel. +48 223692449 |
| Fax +48 223692460 |

Departament Geologii i Koncesji Geologicznych (Geology and Geological Concessions Department)

Ministerstwo Środowiska (Ministry of the Environment)

ul. Wawelska 52/54

00-922 Warsaw

POLSKA/POLAND

Tel. +48 223692449

Fax +48 223692460

---

ANNEX

AGREEMENT

establishing mining usufruct rights for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Leszno’ area

concluded at Warsaw on ... 2016 between:

the State Treasury, represented by the Minister for the Environment, for and on behalf of whom Mr Mariusz Orion Jędrysek, State Secretary at the Ministry of the Environment and Chief Geologist of Poland, acts under power of attorney No 15 of 15 November 2016, hereinafter referred to as the ‘State Treasury’

and

XXX, having its registered office at: ... (full address) ...

hereinafter referred to as the ‘Holder of Mining Usufruct Rights’,

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Przemęt, Kościan, Włoszakowice, Lipno, Święciechowa, Krzemieniewo, the towns and municipalities of Śmigiel, Krzywiń, Osieczna, Rydzyna, Gostyń, Poniec, Krobia and the town of Leszno in Wielkopolskie Province, and the town and municipality of Wschowa in Lubuskie Province, the boundaries of which are defined by lines joining points (1 to 27) having the following coordinates in the PL-1992 coordinate system:







  No | Coordinates |
| --- | --- | --- |
| X | Y |
| 1 | 466 689,560 | 337 158,511 |
| 2 | 466 644,385 | 337 595,470 |
| 3 | 467 081,589 | 338 410,259 |
| 4 | 466 285,501 | 338 174,746 |
| 5 | 466 127,497 | 337 330,790 |
| 6 | 465 569,170 | 337 388,835 |
| 7 | 465 510,407 | 338 244,912 |
| 8 | 464 695,800 | 338 580,800 |
| 9 | 464 592,681 | 338 901,650 |
| 10 | 465 144,249 | 340 978,731 |
| 11 | 464 295,400 | 342 400,978 |
| 12 | 464 475,266 | 342 578,282 |
| 13 | 465 608,937 | 342 132,347 |
| 14 | 461 815,480 | 351 708,880 |
| 15 | 460 228,570 | 355 230,040 |
| 16 | 460 036,440 | 362 017,350 |
| 17 | 458 190,400 | 361 718,220 |
| 18 | 436 498,396 | 361 368,446 |
| 19 | 436 501,630 | 361 242,930 |
| 20 | 436 769,020 | 355 921,345 |
| 21 | 436 798,340 | 355 337,820 |
| 22 | 441 243,476 | 318 392,537 |
| 23 | 459 794,179 | 322 788,021 |
| 24 | 456 667,226 | 328 120,689 |
| 25 | 468 260,858 | 335 437,605 |
| 26 | 467 589,228 | 337 133,127 |
| 27 | 467 407,893 | 336 934,213 |

1.

The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Przemęt, Kościan, Włoszakowice, Lipno, Święciechowa, Krzemieniewo, the towns and municipalities of Śmigiel, Krzywiń, Osieczna, Rydzyna, Gostyń, Poniec, Krobia and the town of Leszno in Wielkopolskie Province, and the town and municipality of Wschowa in Lubuskie Province, the boundaries of which are defined by lines joining points (1 to 27) having the following coordinates in the PL-1992 coordinate system:

No

Coordinates

X

Y

1

466 689,560

337 158,511

2

466 644,385

337 595,470

3

467 081,589

338 410,259

4

466 285,501

338 174,746

5

466 127,497

337 330,790

6

465 569,170

337 388,835

7

465 510,407

338 244,912

8

464 695,800

338 580,800

9

464 592,681

338 901,650

10

465 144,249

340 978,731

11

464 295,400

342 400,978

12

464 475,266

342 578,282

13

465 608,937

342 132,347

14

461 815,480

351 708,880

15

460 228,570

355 230,040

16

460 036,440

362 017,350

17

458 190,400

361 718,220

18

436 498,396

361 368,446

19

436 501,630

361 242,930

20

436 769,020

355 921,345

21

436 798,340

355 337,820

22

441 243,476

318 392,537

23

459 794,179

322 788,021

24

456 667,226

328 120,689

25

468 260,858

335 437,605

26

467 589,228

337 133,127

27

467 407,893

336 934,213

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and beneath by the floor of Carboniferous formations, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Leszno’ area within one year from the date of the agreement establishing the mining usufruct rights.

| 2. | If the condition of obtaining the concession referred to in paragraph 1 is not met, the obligations arising under the agreement shall expire. |
| --- | --- |

2.

If the condition of obtaining the concession referred to in paragraph 1 is not met, the obligations arising under the agreement shall expire.

| 3. | Within the rock mass area specified in paragraph 1, the Holder of Mining Usufruct Rights may:






  1. | in Permian and Carboniferous formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits and the extraction of oil and of natural gas; and |
| --- | --- | --- |

3.

Within the rock mass area specified in paragraph 1, the Holder of Mining Usufruct Rights may:

1.

in Permian and Carboniferous formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits and the extraction of oil and of natural gas; and

| 2. | in the rest of the area, carry out any works and activities that are necessary in order to gain access to the Permian and Carboniferous formations. |
| --- | --- |

2.

in the rest of the area, carry out any works and activities that are necessary in order to gain access to the Permian and Carboniferous formations.

| 4. | The surface area of the vertical projection of the area described above is 966,43 km2. |
| --- | --- |

4.

The surface area of the vertical projection of the area described above is 966,43 km2.

Section 2

| 1. | The agreement establishing mining usufruct rights shall take effect on the date on which the concession is obtained. |
| --- | --- |

1.

The agreement establishing mining usufruct rights shall take effect on the date on which the concession is obtained.

| 2. | The mining usufruct rights shall be established for a period of 10 years, including five years for the prospection and exploration phase and five years for the extraction phase, subject to the provisions of Section 9. |
| --- | --- |

2.

The mining usufruct rights shall be established for a period of 10 years, including five years for the prospection and exploration phase and five years for the extraction phase, subject to the provisions of Section 9.

| 3. | The mining usufruct rights shall expire on the date on which the concession is terminated. |
| --- | --- |

3.

The mining usufruct rights shall expire on the date on which the concession is terminated.

Section 3

| 1. | The mining usufruct rights entitle the Holder of Mining Usufruct Rights to use the area specified in Section 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Leszno’ area, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Dziennik Ustaw (Journal of Laws) 2016, item 1131), hereinafter referred to as the ‘Geological and Mining Law Act’, and decisions issued pursuant thereto. During the prospection and exploration phase, the Holder of Mining Usufruct Rights may develop the minerals being explored only to the extent necessary to draw up geological and investment documentation. |
| --- | --- |

1.

The mining usufruct rights entitle the Holder of Mining Usufruct Rights to use the area specified in Section 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Leszno’ area, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Dziennik Ustaw (Journal of Laws) 2016, item 1131), hereinafter referred to as the ‘Geological and Mining Law Act’, and decisions issued pursuant thereto. During the prospection and exploration phase, the Holder of Mining Usufruct Rights may develop the minerals being explored only to the extent necessary to draw up geological and investment documentation.

| 2. | The Holder of Mining Usufruct Rights undertakes to notify the State Treasury in writing of any changes resulting in a change of name or organisational form, changes in registration and identification numbers or increases or reductions in share capital, of the transfer of the concession to another entity by operation of law, the filing of a bankruptcy petition, the declaration of bankruptcy, the initiation of arrangement proceedings or the initiation of liquidation proceedings. The State Treasury may require that the necessary explanations be provided in such cases. Notification shall take place within 30 days from the date on which the circumstances referred to above occur. |
| --- | --- |

2.

The Holder of Mining Usufruct Rights undertakes to notify the State Treasury in writing of any changes resulting in a change of name or organisational form, changes in registration and identification numbers or increases or reductions in share capital, of the transfer of the concession to another entity by operation of law, the filing of a bankruptcy petition, the declaration of bankruptcy, the initiation of arrangement proceedings or the initiation of liquidation proceedings. The State Treasury may require that the necessary explanations be provided in such cases. Notification shall take place within 30 days from the date on which the circumstances referred to above occur.

Section 4

The agreement shall be without prejudice to the rights of third parties, in particular owners of land, and the Holder of Mining Usufruct Rights shall not be exempt from the need to comply with requirements provided for by law, in particular those relating to the prospection and exploration of minerals and the protection and use of environmental resources.

Section 5

The State Treasury reserves the right to establish within the area referred to in Section 1(1) mining usufruct rights for the purpose of carrying out activities other than those specified in the agreement, in a manner which does not infringe the rights of the Holder of Mining Usufruct Rights.

Section 6

| 1. | The Holder of Mining Usufruct Rights shall pay the State Treasury the following fee for the mining usufruct rights in the area specified in Section 1(1) during the five-year prospection and exploration phase for each year of mining usufruct (counted as 12 consecutive months):






  a) | PLN ... (amount) (in words: ... zlotys) for the first year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- | --- |

1.

The Holder of Mining Usufruct Rights shall pay the State Treasury the following fee for the mining usufruct rights in the area specified in Section 1(1) during the five-year prospection and exploration phase for each year of mining usufruct (counted as 12 consecutive months):

a)

PLN ... (amount) (in words: ... zlotys) for the first year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

| b) | PLN ... (amount) (in words: ... zlotys) for the second year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- |

b)

PLN ... (amount) (in words: ... zlotys) for the second year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

| c) | PLN ... (amount) (in words: ... zlotys) for the third year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- |

c)

PLN ... (amount) (in words: ... zlotys) for the third year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

| d) | PLN ... (amount) (in words: ... zlotys) for the fourth year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- |

d)

PLN ... (amount) (in words: ... zlotys) for the fourth year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

| e) | PLN ... (amount) (in words: ... zlotys) for the fifth year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- |

e)

PLN ... (amount) (in words: ... zlotys) for the fifth year of usufruct, counting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct,

— subject to the provisions of paragraph 2.

| 2. | If the date for payment of the fee due for a given year of mining usufruct falls between 1 January and 1 March, the Holder of Mining Usufruct Rights shall pay the fee by 1 March. However, if the fee is subject to indexation in accordance with paragraphs 3 to 5, the Holder of Mining Usufruct Rights shall pay it no earlier than the date on which the index referred to in paragraph 3 is announced, after taking that index into account. |
| --- | --- |

2.

If the date for payment of the fee due for a given year of mining usufruct falls between 1 January and 1 March, the Holder of Mining Usufruct Rights shall pay the fee by 1 March. However, if the fee is subject to indexation in accordance with paragraphs 3 to 5, the Holder of Mining Usufruct Rights shall pay it no earlier than the date on which the index referred to in paragraph 3 is announced, after taking that index into account.

| 3. | The fee specified in paragraph 1 shall be indexed to average annual consumer price indices set for the period from the conclusion of this agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette of the Republic of Poland). |
| --- | --- |

3.

The fee specified in paragraph 1 shall be indexed to average annual consumer price indices set for the period from the conclusion of this agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette of the Republic of Poland).

| 4. | If the date for payment of the fee falls in the same calendar year as that in which the agreement was concluded, the fee shall not be indexed. |
| --- | --- |

4.

If the date for payment of the fee falls in the same calendar year as that in which the agreement was concluded, the fee shall not be indexed.

| 5. | If the agreement was concluded and took effect in the year preceding the year in which the date for payment of the fee falls, the fee shall not be indexed if the Holder of Mining Usufruct Rights pays it by the end of the calendar year in which the agreement is concluded and takes effect. |
| --- | --- |

5.

If the agreement was concluded and took effect in the year preceding the year in which the date for payment of the fee falls, the fee shall not be indexed if the Holder of Mining Usufruct Rights pays it by the end of the calendar year in which the agreement is concluded and takes effect.

| 6. | If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the agreement before the time limit specified in Section 2(1) and (2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 9(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 2(1) and (2), taking into account indexation for the year preceding the termination of the agreement. The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits. |
| --- | --- |

6.

If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the agreement before the time limit specified in Section 2(1) and (2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 9(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 2(1) and (2), taking into account indexation for the year preceding the termination of the agreement. The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw Branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, for the establishment of mining usufruct rights in connection with a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Leszno’ area.
  The date of payment shall be the date on which the funds are credited to the State Treasury's account. |
| --- | --- |

7.

The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw Branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, for the establishment of mining usufruct rights in connection with a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Leszno’ area.

The date of payment shall be the date on which the funds are credited to the State Treasury's account.

| 8. | The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended to the effect that the activities which are the subject of this agreement are subject to taxation, the amount of the fee shall be increased by the amount of tax due. |
| --- | --- |

8.

The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended to the effect that the activities which are the subject of this agreement are subject to taxation, the amount of the fee shall be increased by the amount of tax due.

| 9. | The State Treasury shall notify the Holder of Mining Usufruct Rights in writing of changes in the number of the account referred to in paragraph 7. |
| --- | --- |

9.

The State Treasury shall notify the Holder of Mining Usufruct Rights in writing of changes in the number of the account referred to in paragraph 7.

| 10. | The Holder of Mining Usufruct Rights shall send copies of proof of payment of the fee referred to in paragraph 1 to the State Treasury within seven days from the date of payment of the fee for the establishment of the mining usufruct rights. |
| --- | --- |

10.

The Holder of Mining Usufruct Rights shall send copies of proof of payment of the fee referred to in paragraph 1 to the State Treasury within seven days from the date of payment of the fee for the establishment of the mining usufruct rights.

Section 7

After the Holder of Mining Usufruct Rights obtains an investment decision specifying the conditions for the extraction of oil and natural gas, the parties shall, within 30 days from the date of that decision, sign an annex to this agreement specifying the conditions for the implementation of the agreement during the extraction phase.

Section 8

The Holder of Mining Usufruct Rights may exercise the mining usufruct rights established in Section 1(1) only after obtaining written consent from the State Treasury.

Section 9

| 1. | If the Holder of Mining Usufruct Rights infringes obligations laid down in the agreement, the State Treasury may, subject to the provisions of paragraphs 3 and 4, terminate the agreement with immediate effect, without the Holder of Mining Usufruct Rights being entitled to make any property claims. However, the agreement shall not be terminated if the Holder of Mining Usufruct Rights has infringed obligations under the agreement due to force majeure. |
| --- | --- |

1.

If the Holder of Mining Usufruct Rights infringes obligations laid down in the agreement, the State Treasury may, subject to the provisions of paragraphs 3 and 4, terminate the agreement with immediate effect, without the Holder of Mining Usufruct Rights being entitled to make any property claims. However, the agreement shall not be terminated if the Holder of Mining Usufruct Rights has infringed obligations under the agreement due to force majeure.

| 2. | If the agreement is terminated for the reasons specified in paragraph 1, the Holder of Mining Usufruct Rights shall pay the State Treasury a contractual penalty of 25 % of the fee for the entire usufruct period specified in Section 2(1) and (2), subject to indexation for the year preceding the year in which the agreement was terminated. |
| --- | --- |

2.

If the agreement is terminated for the reasons specified in paragraph 1, the Holder of Mining Usufruct Rights shall pay the State Treasury a contractual penalty of 25 % of the fee for the entire usufruct period specified in Section 2(1) and (2), subject to indexation for the year preceding the year in which the agreement was terminated.

| 3. | If the Holder of Mining Usufruct Rights delays payment of the fee by more than seven days beyond the deadlines specified in Section 6(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within seven days from the receipt of the request, failing which the agreement will be terminated with immediate effect. |
| --- | --- |

3.

If the Holder of Mining Usufruct Rights delays payment of the fee by more than seven days beyond the deadlines specified in Section 6(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within seven days from the receipt of the request, failing which the agreement will be terminated with immediate effect.

| 4. | The State Treasury may terminate the agreement in whole or in part by giving 30 days' notice, effective at the end of the calendar month, if the Holder of Mining Usufruct Rights does not inform the State Treasury of the circumstances referred to in Section 3(2) within 30 days from their occurrence. |
| --- | --- |

4.

The State Treasury may terminate the agreement in whole or in part by giving 30 days' notice, effective at the end of the calendar month, if the Holder of Mining Usufruct Rights does not inform the State Treasury of the circumstances referred to in Section 3(2) within 30 days from their occurrence.

| 5. | The Holder of Mining Usufruct Rights shall be bound by the agreement until the date on which the concession is terminated and may not terminate the agreement. |
| --- | --- |

5.

The Holder of Mining Usufruct Rights shall be bound by the agreement until the date on which the concession is terminated and may not terminate the agreement.

| 6. | The agreement shall be terminated in writing, failing which the termination shall not be valid. |
| --- | --- |

6.

The agreement shall be terminated in writing, failing which the termination shall not be valid.

| 7. | The parties agree that if the State Treasury terminates the agreement, the fee paid for the mining usufruct rights, referred to in Section 6(1), shall not be reimbursed. |
| --- | --- |

7.

The parties agree that if the State Treasury terminates the agreement, the fee paid for the mining usufruct rights, referred to in Section 6(1), shall not be reimbursed.

| 8. | The State Treasury reserves the right to seek compensation in excess of the amount of contractual penalties on general terms if the amount of damage incurred by the State Treasury exceeds the contractual penalties. |
| --- | --- |

8.

The State Treasury reserves the right to seek compensation in excess of the amount of contractual penalties on general terms if the amount of damage incurred by the State Treasury exceeds the contractual penalties.

Section 10

In the event of force majeure, the parties shall immediately make every effort to agree on a course of action. ‘Force majeure’ shall be understood as an unexpected event which directly affects the Holder of Mining Usufruct Rights, prevents the performance of the activities to which the agreement relates and cannot be predicted or avoided.

Section 11

The Holder of Mining Usufruct Rights may apply for the extension of the agreement, in whole or in part, and must do so in writing, failing which the application will be invalid.

Section 12

If the agreement is terminated, the Holder of Mining Usufruct Rights shall not be entitled to make any claims against the State Treasury for an increase in the value of the subject of the mining usufruct rights.

Section 13

Any disputes arising out of the agreement shall be resolved by the ordinary court having jurisdiction over the seat of the State Treasury.

Section 14

In matters not governed by the agreement, the provisions of the Geological and Mining Law Act and of the Civil Code, in particular those relating to leases, shall apply.

Section 15

The Holder of Mining Usufruct Rights shall bear the costs of concluding the agreement.

Section 16

Amendments to the agreement shall be made in writing, failing which they shall not be valid.

Section 17

This agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the Minister for the Environment).

State Treasury

Holder of Mining Usufruct Rights

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 2.3.2017 | EN | Official Journal of the European Union | C 66/29 |
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2.3.2017

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Official Journal of the European Union

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JUDGMENT OF THE COURT

of 10 May 2016

in Joined Cases E-15/15 and E-16/15,

Franz-Josef Hagedorn v Vienna-Life Lebensversicherung AG and Rainer Armbruster v Swiss Life (Liechtenstein) AG

(Directive 2002/83/EC — Article 36 — Transfer of life assurance contracts — Admissibility — The term ‘assurance contract’ — Change in policy conditions)

(2017/C 66/08)

In Joined Cases E-15/15 and E-16/15, Franz-Josef Hagedorn v Vienna-Life Lebensversicherung AG and Rainer Armbruster v Swiss Life (Liechtenstein) AG — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of the Principality of Liechtenstein (Fürstlicher Oberster Gerichtshof) concerning the interpretation of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 10 May 2016, the operative part of which is as follows:

| 1. | Article 36(1) of Directive 2002/83/EC does not address legal transactions such as those in which an existing unit-linked life assurance policy is transferred via a purchase agreement from one person to another where the insured risk, namely the insured person, under the assurance policy remains the same. A transfer of a unit-linked life assurance policy by a legal transaction does not constitute a change in the policy conditions unless the terms of the assurance policy are also amended, thereby altering the balance of rights and obligations of the parties to the assurance contract. It falls to the referring court to assess the facts of the cases and to determine whether the relevant transfers led to a change in the policy conditions of the unit-linked life assurance policies acquired by the applicants. |
| --- | --- |

1.

Article 36(1) of Directive 2002/83/EC does not address legal transactions such as those in which an existing unit-linked life assurance policy is transferred via a purchase agreement from one person to another where the insured risk, namely the insured person, under the assurance policy remains the same. A transfer of a unit-linked life assurance policy by a legal transaction does not constitute a change in the policy conditions unless the terms of the assurance policy are also amended, thereby altering the balance of rights and obligations of the parties to the assurance contract. It falls to the referring court to assess the facts of the cases and to determine whether the relevant transfers led to a change in the policy conditions of the unit-linked life assurance policies acquired by the applicants.

| 2. | If a ‘change in the policy conditions’ within the meaning of the Directive has taken place, the referring court needs to consider whether the information listed in Annex III(B)(b)(2) was provided to the second-hand policy holder in a clear, accurate and complete manner, in writing, and in an official language of the EEA State of commitment. |
| --- | --- |

2.

If a ‘change in the policy conditions’ within the meaning of the Directive has taken place, the referring court needs to consider whether the information listed in Annex III(B)(b)(2) was provided to the second-hand policy holder in a clear, accurate and complete manner, in writing, and in an official language of the EEA State of commitment.

| 3. | It is of no significance for the information obligation of the assurance undertaking whether the former policy holder was an undertaking and the new policy holder is a consumer, unless this difference has led to an amendment to the terms of the assurance contract. |
| --- | --- |

3.

It is of no significance for the information obligation of the assurance undertaking whether the former policy holder was an undertaking and the new policy holder is a consumer, unless this difference has led to an amendment to the terms of the assurance contract.

| 4. | The information listed in Annex III(A) of the Directive solely relates to ‘information about the assurance undertaking’ and ‘information about the commitment’. Consequently, whether or not the original policy holder disclosed information about himself so that his own risk or investor profile could be assessed is of no relevance for the information obligation of the assurance undertaking under the Directive. |
| --- | --- |

4.

The information listed in Annex III(A) of the Directive solely relates to ‘information about the assurance undertaking’ and ‘information about the commitment’. Consequently, whether or not the original policy holder disclosed information about himself so that his own risk or investor profile could be assessed is of no relevance for the information obligation of the assurance undertaking under the Directive.

| 5. | Directives must be implemented into the national legal order of the EEA States with unquestionable binding force and the specificity, precision and clarity necessary to satisfy the requirements of legal certainty. Furthermore, national courts are bound to interpret national law in conformity with EEA law. Under Article 34 SCA, the Court has jurisdiction to give advisory opinions on the interpretation of the EEA Agreement upon the request of national courts. After the Court has rendered its judgment, it falls to the referring court to interpret national law in light of the factors clarified by the Court. In cases where a conform interpretation of national law is not sufficient to achieve the result sought by the relevant EEA rule, that matter may be brought before the Court under the procedure prescribed by Article 31 SCA. |
| --- | --- |

5.

Directives must be implemented into the national legal order of the EEA States with unquestionable binding force and the specificity, precision and clarity necessary to satisfy the requirements of legal certainty. Furthermore, national courts are bound to interpret national law in conformity with EEA law. Under Article 34 SCA, the Court has jurisdiction to give advisory opinions on the interpretation of the EEA Agreement upon the request of national courts. After the Court has rendered its judgment, it falls to the referring court to interpret national law in light of the factors clarified by the Court. In cases where a conform interpretation of national law is not sufficient to achieve the result sought by the relevant EEA rule, that matter may be brought before the Court under the procedure prescribed by Article 31 SCA.

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| 2.3.2017 | EN | Official Journal of the European Union | C 66/30 |
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2.3.2017

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Official Journal of the European Union

C 66/30

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JUDGMENT OF THE COURT

of 10 May 2016

in Case E-19/15

EFTA Surveillance Authority v The Principality of Liechtenstein

(Failure by an EEA/EFTA State to fulfil its obligations — Prior authorisation schemes for establishment and cross-border services — Directive 2006/123/EC — Article 31 EEA — Article 36 EEA — Justification — Proportionality)

(2017/C 66/09)

In Case E-19/15, EFTA Surveillance Authority v The Principality of Liechtenstein — APPLICATION for a declaration that by maintaining in force national rules on prior authorisation schemes for undertakings willing to establish themselves and/or to provide cross-border services in Liechtenstein, the Principality of Liechtenstein has breached its obligations arising from Articles 9, 10, 13 and 16 of the Act referred to at point 1 of Annex X to the EEA Agreement (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market), as adapted to the EEA Agreement under its Protocol 1, and, to the extent that establishment and the provision of cross-border services fall outside the scope of that act, its obligations arising from Articles 31 and 36 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 10 May 2016, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that the Principality of Liechtenstein has breached its obligations arising from Articles 9, 10, 13 and 16 of the Act referred to at point 1 of Annex X to the EEA Agreement (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market), as adapted to the EEA Agreement under its Protocol 1:






  (a) | by maintaining in force Article 7 of the Liechtenstein Trade Act which sets up a prior authorisation scheme for undertakings intending to establish themselves in Liechtenstein; |
| --- | --- | --- |

1.

Declares that the Principality of Liechtenstein has breached its obligations arising from Articles 9, 10, 13 and 16 of the Act referred to at point 1 of Annex X to the EEA Agreement (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market), as adapted to the EEA Agreement under its Protocol 1:

(a)

by maintaining in force Article 7 of the Liechtenstein Trade Act which sets up a prior authorisation scheme for undertakings intending to establish themselves in Liechtenstein;

| (b) | by maintaining in force Article 8(1) of the Liechtenstein Trade Act in so far as it imposes conditions that are not clear and unambiguous for granting prior authorisation for undertakings wishing to establish themselves in Liechtenstein, namely the conditions to have the necessary personnel and to have an adequate command of the German language; |
| --- | --- |

(b)

by maintaining in force Article 8(1) of the Liechtenstein Trade Act in so far as it imposes conditions that are not clear and unambiguous for granting prior authorisation for undertakings wishing to establish themselves in Liechtenstein, namely the conditions to have the necessary personnel and to have an adequate command of the German language;

| (c) | by failing to ensure that the conditions for the prior authorisation laid down by the Liechtenstein Trade Act do not duplicate requirements and controls which are equivalent or essentially comparable as regards their purpose to which the service provider is already subject in another EEA State; |
| --- | --- |

(c)

by failing to ensure that the conditions for the prior authorisation laid down by the Liechtenstein Trade Act do not duplicate requirements and controls which are equivalent or essentially comparable as regards their purpose to which the service provider is already subject in another EEA State;

| (d) | by failing to ensure that the procedure and formalities concerning the prior authorisation under the Liechtenstein Trade Act are clearly laid down; and, |
| --- | --- |

(d)

by failing to ensure that the procedure and formalities concerning the prior authorisation under the Liechtenstein Trade Act are clearly laid down; and,

| (e) | by maintaining in force Article 21 of the Liechtenstein Trade Act which requires undertakings to notify in advance their intention to provide cross-border services in Liechtenstein. |
| --- | --- |

(e)

by maintaining in force Article 21 of the Liechtenstein Trade Act which requires undertakings to notify in advance their intention to provide cross-border services in Liechtenstein.

| 2. | Declares that, to the extent that the services covered by the Liechtenstein Trade Act fall outside the scope of the Act referred to at point 1 of Annex X to the EEA Agreement (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market), as adapted to the EEA Agreement under its Protocol 1, the Principality of Liechtenstein has breached its obligations arising from Articles 31 and 36 of the EEA Agreement:






  (a) | by maintaining in force Article 7 of the Liechtenstein Trade Act; and, |
| --- | --- | --- |

2.

Declares that, to the extent that the services covered by the Liechtenstein Trade Act fall outside the scope of the Act referred to at point 1 of Annex X to the EEA Agreement (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market), as adapted to the EEA Agreement under its Protocol 1, the Principality of Liechtenstein has breached its obligations arising from Articles 31 and 36 of the EEA Agreement:

(a)

by maintaining in force Article 7 of the Liechtenstein Trade Act; and,

| (b) | by maintaining in force Article 21 of the Liechtenstein Trade Act. |
| --- | --- |

(b)

by maintaining in force Article 21 of the Liechtenstein Trade Act.

| 3. | Orders the Principality of Liechtenstein to bear the costs of the proceedings. |
| --- | --- |

3.

Orders the Principality of Liechtenstein to bear the costs of the proceedings.

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| 2.3.2017 | EN | Official Journal of the European Union | C 66/31 |
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Official Journal of the European Union

C 66/31

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JUDGMENT OF THE COURT

of 2 June 2016

in Case E-24/15

Walter Waller v Liechtensteinische Invalidenversicherung

(Coordination of social security systems — Article 87(2) of Regulation (EC) No 987/2009 — Binding effect of medical findings)

(2017/C 66/10)

In Case E-24/15, Walter Waller v Liechtensteinische Invalidenversicherung — request to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Princely Court of Appeal (Fürstliches Obergericht) concerning the interpretation of Article 87(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 2 June 2016, the operative part of which is as follows:

| 1. | Article 87(2) of Regulation (EC) No 987/2009 precludes the debtor institution from challenging the medical findings of the institution of the place of stay or residence in the administrative procedure. |
| --- | --- |

1.

Article 87(2) of Regulation (EC) No 987/2009 precludes the debtor institution from challenging the medical findings of the institution of the place of stay or residence in the administrative procedure.

| 2. | The binding effect mentioned in Article 87(2) of Regulation (EC) No 987/2009 applies in court proceedings following on from an administrative proceeding before the debtor institution in a situation such as that of the present case. |
| --- | --- |

2.

The binding effect mentioned in Article 87(2) of Regulation (EC) No 987/2009 applies in court proceedings following on from an administrative proceeding before the debtor institution in a situation such as that of the present case.

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| 2.3.2017 | EN | Official Journal of the European Union | C 66/31 |
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2.3.2017

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Official Journal of the European Union

C 66/31

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ORDER OF THE COURT

of 24 May 2016

in Case E-2/16

Gerhard Spitzer v EFTA Surveillance Authority

(Preliminary objection to admissibility — Refusal to commence infringement proceedings — Directive 2002/47/EC — Challengeable measures — Time limit — Admissibility)

(2017/C 66/11)

In Case E-2/16, Gerhard Spitzer v EFTA Surveillance Authority — APPLICATION under Article 36(2) of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice for the annulment of EFTA Surveillance Authority Decision No 425/15/COL of 25 November 2015 on financial collateral arrangements in Liechtenstein, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave order of 24 May 2016, the operative part of which is as follows:

| 1. | The application is dismissed as inadmissible. |
| --- | --- |

1.

The application is dismissed as inadmissible.

| 2. | The applicant is to bear the costs of the proceedings. |
| --- | --- |

2.

The applicant is to bear the costs of the proceedings.

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| 2.3.2017 | EN | Official Journal of the European Union | C 66/32 |
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2.3.2017

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Official Journal of the European Union

C 66/32

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Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykjavíkur dated 12 May 2016 in the case of Fjarskipti hf. v Póst- og fjarskiptastofnun

(Case E-6/16)

(2017/C 66/12)

A request has been made to the EFTA Court by a letter dated 12 May 2016 from Héraðsdómur Reykjavíkur (Reykjavik District Court), which was received at the Court Registry on 18 May 2016, for an Advisory Opinion in the case of Fjarskipti hf. v Póst- og fjarskiptastofnun on the following questions:

| 1. | Can point (a) of Article 2 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002, on a common regulatory framework for electronic communications networks and services (Framework Directive), be interpreted in such a way that the term ‘electronic communications network’ covers the conveyance of signals that are written as an SMS message on users’ end device connected via a web browser to the ‘My Pages’ web server in a telecommunications undertaking’s web domain, via the public internet and to the PHP script software on the same telecommunications undertaking’s web domain, which receives the signals, processes them and conveys them in turn from the telecommunications undertaking’s web domain to an SMS server (SMSC) in its communications system, which then sends them on over a telephone network to the recipient telephone number? |
| --- | --- |

1.

Can point (a) of Article 2 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002, on a common regulatory framework for electronic communications networks and services (Framework Directive), be interpreted in such a way that the term ‘electronic communications network’ covers the conveyance of signals that are written as an SMS message on users’ end device connected via a web browser to the ‘My Pages’ web server in a telecommunications undertaking’s web domain, via the public internet and to the PHP script software on the same telecommunications undertaking’s web domain, which receives the signals, processes them and conveys them in turn from the telecommunications undertaking’s web domain to an SMS server (SMSC) in its communications system, which then sends them on over a telephone network to the recipient telephone number?

| 2. | If the answer to Question 1 is in the affirmative, is point (c) of Article 2 of Directive 2002/21/EC to be interpreted in such a way that the term ‘electronic communications service’ covers a service that consists of the conveyance of signals which takes place on a communications network as described in Question 1 when i) a fee is collected for such a service, and ii) when no fee is collected for such a service? |
| --- | --- |

2.

If the answer to Question 1 is in the affirmative, is point (c) of Article 2 of Directive 2002/21/EC to be interpreted in such a way that the term ‘electronic communications service’ covers a service that consists of the conveyance of signals which takes place on a communications network as described in Question 1 when i) a fee is collected for such a service, and ii) when no fee is collected for such a service?

| 3. | If the answer to Question 2 is in the affirmative, is point (d) of Article 2 of Directive 2002/21/EC to be interpreted in such a way that the term ‘public communications network’ covers the electronic communications service described in Question 2, which is provided on an electronic communications network as described in Question 1, irrespective of whether that service is i) available to the public, or ii) available only to all subscribers of the telecommunication undertaking? |
| --- | --- |

3.

If the answer to Question 2 is in the affirmative, is point (d) of Article 2 of Directive 2002/21/EC to be interpreted in such a way that the term ‘public communications network’ covers the electronic communications service described in Question 2, which is provided on an electronic communications network as described in Question 1, irrespective of whether that service is i) available to the public, or ii) available only to all subscribers of the telecommunication undertaking?

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 2.3.2017 | EN | Official Journal of the European Union | C 66/33 |
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Official Journal of the European Union

C 66/33

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Prior notification of a concentration

(Case M.8381 — Motherson Sumi Systems/PKC Group)

(Text with EEA relevance)

(2017/C 66/13)

| 1. | On 21 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Motherson Sumi Systems Limited (‘MSSL’, India) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of PKC Group OYJ (‘PKC’, Finland) by way of a public bid announced on 19 January 2017. |
| --- | --- |

1.

On 21 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Motherson Sumi Systems Limited (‘MSSL’, India) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of PKC Group OYJ (‘PKC’, Finland) by way of a public bid announced on 19 January 2017.

| 2. | The business activities of the undertakings concerned are:
  —   for MSSL: manufacturing of automotive wire harnesses, passenger car mirrors, and plastic components and modules such as cockpits, bumpers and interior trims. MSSL also has a growing presence in a broad range of other polymer, elastomer and metal based parts and systems.
  —   for PKC: design, manufacturing and integration of tailored electrical distribution systems and related architecture components, vehicle electronics, wires and cables. In addition, PKC designs and manufactures electrical cabinets, power packs and electrical distribution systems for rolling stock manufacturers. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for MSSL: manufacturing of automotive wire harnesses, passenger car mirrors, and plastic components and modules such as cockpits, bumpers and interior trims. MSSL also has a growing presence in a broad range of other polymer, elastomer and metal based parts and systems.

—   for PKC: design, manufacturing and integration of tailored electrical distribution systems and related architecture components, vehicle electronics, wires and cables. In addition, PKC designs and manufactures electrical cabinets, power packs and electrical distribution systems for rolling stock manufacturers.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8381 — Motherson Sumi Systems/PKC Group, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8381 — Motherson Sumi Systems/PKC Group, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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Corrigenda

| 2.3.2017 | EN | Official Journal of the European Union | C 66/34 |
| --- | --- | --- | --- |

2.3.2017

EN

Official Journal of the European Union

C 66/34

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Corrigendum to the withdrawal of the Proposal for a Regulation of the European Parliament and of the Council establishing a Registered Traveller Programme

(
  Official Journal of the European Union C 422 of 17 November 2016
  )

(2017/C 66/14)

On page 2, in the table:

for:

‘Foreign Affairs & Security Policy’,

read:

read:

‘Migration, Home Affairs & Citizenship’.

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