# Official Journal C 187/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 187 |
| | |
| English edition | Information and Notices | Volume 6013 June 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 187

English edition

Information and Notices

Volume 6013 June 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 187/01 | Non-opposition to a notified concentration (Case M.8223 — Micro Focus/HPE Software Business) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 187/01

Non-opposition to a notified concentration (Case M.8223 — Micro Focus/HPE Software Business) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2017/C 187/02 | Notice for the attention of the persons and entities subject to the restrictive measures provided for in Annex II to Council Decision (CFSP) 2016/849, as amended by Council Decision (CFSP) 2017/994, concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP | 2 |
| 2017/C 187/03 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea apply | 3 |
| | European Commission |
| 2017/C 187/04 | Euro exchange rates | 4 |
| 2017/C 187/05 | Interim update of the weightings applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries | 5 |
| | NOTICES FROM MEMBER STATES |
| 2017/C 187/06 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 8 |
| 2017/C 187/07 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 12 |
| 2017/C 187/08 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 18 |
| 2017/C 187/09 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 24 |
| 2017/C 187/10 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 28 |
| 2017/C 187/11 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 33 |
| 2017/C 187/12 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 37 |
| 2017/C 187/13 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 42 |
| 2017/C 187/14 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 47 |
| 2017/C 187/15 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 | 52 |
| 2017/C 187/16 | United Kingdom Government notice concerning European Parliament and Council Directive 94/22/EC on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (
  1
  ) | 57 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2017/C 187/02

Notice for the attention of the persons and entities subject to the restrictive measures provided for in Annex II to Council Decision (CFSP) 2016/849, as amended by Council Decision (CFSP) 2017/994, concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP

2

2017/C 187/03

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea apply

3

European Commission

2017/C 187/04

Euro exchange rates

4

2017/C 187/05

Interim update of the weightings applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries

5

NOTICES FROM MEMBER STATES

2017/C 187/06

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

8

2017/C 187/07

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

12

2017/C 187/08

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

18

2017/C 187/09

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

24

2017/C 187/10

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

28

2017/C 187/11

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

33

2017/C 187/12

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

37

2017/C 187/13

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

42

2017/C 187/14

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

47

2017/C 187/15

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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

52

2017/C 187/16

United Kingdom Government notice concerning European Parliament and Council Directive 94/22/EC on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (
  1
  )

1

57

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2017/C 187/17 | Notice of the impending expiry of certain anti-dumping measures | 60 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 187/18 | Prior notification of a concentration (Case M.8485 — Hitachi Group/Honda/JV) — Candidate case for simplified procedure (
  1
  ) | 61 |
| 2017/C 187/19 | Prior notification of a concentration (Case M.8222 — Knorr-Bremse/Haldex) (
  1
  ) | 62 |
| 2017/C 187/20 | Prior notification of a concentration (Case M.8482 — ABB/B&R) — Candidate case for simplified procedure (
  1
  ) | 63 |
| | OTHER ACTS |
| | European Commission |
| 2017/C 187/21 | Notice for the attention of the natural persons CHON Chi Bu (alias CHON Chi-bu), CHU Kyu-Chang, (alias JU Kyu-Chang; JU Kyu Chang), HYON Chol-hae (alias HYON Chol Hae), KIM Yong-chun (alias Young-chun; KIM Yong Chun), O Kuk-Ryol (alias O Kuk Ryol), PAEK Se-bong (alias PAEK Se Bong), PAK Jae-gyong (alias Chae-Kyong; PAK Jae Gyong), RYOM Yong, SO Sang-kuk (alias SO Sang Kuk), Lieutenant General KIM Yong Chol (alias: KIM Yong-Chol; KIM Young-Chol; KIM Young-Cheol; KIM Young-Chul), PAK To-Chun (alias PAK To Chun), CHOE Kyong-song (alias CHOE Kyong song), CHOE Yong-ho (alias CHOE Yong Ho), HONG Sung-Mu (alias HUNG Sun Mu; HONG Sung Mu), JO Kyongchol (alias JO Kyong Chol), KIM Chun-sam (alias KIM Chun Sam), KIM Chun-sop (alias KIM Chun Sop), KIM Jong-gak (alias KIM Jong Gak), KIM Rak Kyom, (alias KIM Rak-gyom; KIM Rak Gyom), KIM Won-hong (alias KIM Won Hong), PAK Jong-chon (alias PAK Jong Chon), RI Jong-su (alias RI Jong Su), SON Chol-ju (alais Son Chol Ju), YUN Jong-rin (alias YUN Jong Rin), PAK Yong-sik (alias PAK Yong Sik), HONG Yong Chil, RI Hak Chol (aliases RI Hak Chul, RI Hak Cheol), YUN Chang Hyok, RI Myong Su, SO Hong Chan, WANG Chang Uk, JANG Chol, JON Il-chun (alias JON Il Chun), KIM Tong-un (alias KIM Tong Un), KIM Il-Su (alias Kim Il Su), KANG Song-Sam (alias KANG Song Sam), CHOE Chun-Sik (alias CHOE Chun Sik), SIN Kyu-Nam (alias SIN Kyu Nam), PAK Chun-San (alias PAK Chun San) and SO Tong Myong and the entities Korea Pugang mining and Machinery Corporation ltd, Korean Ryengwang Trading Corporation, Sobaeku United Corp. (alias Sobaeksu United Corp.), Yongbyon Nuclear Research Centre, Strategic Rocket Forces and Korea National Insurance Corporation (KNIC) and its branch offices (a.k.a. Korea Foreign Insurance Company) whose entry has been amended in the list referred to in Article 6(2) of Council Regulation (EC) No 329/2007 imposing certain specific restrictive measures directed against persons or entities responsible for the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, persons or entities acting on their behalf or at their direction, and entities owned or controlled by them, by virtue of Commission Implementing Regulation (EU) 2017/993 | 64 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2017/C 187/17

Notice of the impending expiry of certain anti-dumping measures

60

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 187/18

Prior notification of a concentration (Case M.8485 — Hitachi Group/Honda/JV) — Candidate case for simplified procedure (
  1
  )

1

61

2017/C 187/19

Prior notification of a concentration (Case M.8222 — Knorr-Bremse/Haldex) (
  1
  )

1

62

2017/C 187/20

Prior notification of a concentration (Case M.8482 — ABB/B&R) — Candidate case for simplified procedure (
  1
  )

1

63

OTHER ACTS

European Commission

2017/C 187/21

Notice for the attention of the natural persons CHON Chi Bu (alias CHON Chi-bu), CHU Kyu-Chang, (alias JU Kyu-Chang; JU Kyu Chang), HYON Chol-hae (alias HYON Chol Hae), KIM Yong-chun (alias Young-chun; KIM Yong Chun), O Kuk-Ryol (alias O Kuk Ryol), PAEK Se-bong (alias PAEK Se Bong), PAK Jae-gyong (alias Chae-Kyong; PAK Jae Gyong), RYOM Yong, SO Sang-kuk (alias SO Sang Kuk), Lieutenant General KIM Yong Chol (alias: KIM Yong-Chol; KIM Young-Chol; KIM Young-Cheol; KIM Young-Chul), PAK To-Chun (alias PAK To Chun), CHOE Kyong-song (alias CHOE Kyong song), CHOE Yong-ho (alias CHOE Yong Ho), HONG Sung-Mu (alias HUNG Sun Mu; HONG Sung Mu), JO Kyongchol (alias JO Kyong Chol), KIM Chun-sam (alias KIM Chun Sam), KIM Chun-sop (alias KIM Chun Sop), KIM Jong-gak (alias KIM Jong Gak), KIM Rak Kyom, (alias KIM Rak-gyom; KIM Rak Gyom), KIM Won-hong (alias KIM Won Hong), PAK Jong-chon (alias PAK Jong Chon), RI Jong-su (alias RI Jong Su), SON Chol-ju (alais Son Chol Ju), YUN Jong-rin (alias YUN Jong Rin), PAK Yong-sik (alias PAK Yong Sik), HONG Yong Chil, RI Hak Chol (aliases RI Hak Chul, RI Hak Cheol), YUN Chang Hyok, RI Myong Su, SO Hong Chan, WANG Chang Uk, JANG Chol, JON Il-chun (alias JON Il Chun), KIM Tong-un (alias KIM Tong Un), KIM Il-Su (alias Kim Il Su), KANG Song-Sam (alias KANG Song Sam), CHOE Chun-Sik (alias CHOE Chun Sik), SIN Kyu-Nam (alias SIN Kyu Nam), PAK Chun-San (alias PAK Chun San) and SO Tong Myong and the entities Korea Pugang mining and Machinery Corporation ltd, Korean Ryengwang Trading Corporation, Sobaeku United Corp. (alias Sobaeksu United Corp.), Yongbyon Nuclear Research Centre, Strategic Rocket Forces and Korea National Insurance Corporation (KNIC) and its branch offices (a.k.a. Korea Foreign Insurance Company) whose entry has been amended in the list referred to in Article 6(2) of Council Regulation (EC) No 329/2007 imposing certain specific restrictive measures directed against persons or entities responsible for the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, persons or entities acting on their behalf or at their direction, and entities owned or controlled by them, by virtue of Commission Implementing Regulation (EU) 2017/993

64

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

---

(1)   Text with EEA relevance.

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 13.6.2017 | EN | Official Journal of the European Union | C 187/1 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/1

---

Non-opposition to a notified concentration

(Case M.8223 — Micro Focus/HPE Software Business)

(Text with EEA relevance)

(2017/C 187/01)

On 8 March 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8223. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8223. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 13.6.2017 | EN | Official Journal of the European Union | C 187/2 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/2

---

Notice for the attention of the persons and entities subject to the restrictive measures provided for in Annex II to Council Decision (CFSP) 2016/849, as amended by Council Decision (CFSP) 2017/994, concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP

(2017/C 187/02)

The following information is brought to the attention of the persons and entities that appear in Annex II to Council Decision (CFSP) 2016/849 (1) as amended by Council Decision (CFSP) 2017/994 (2) concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP.

The Council of the European Union has determined that the restrictive measures provided for in Decision (CFSP) 2016/849, as amended by Decision (CFSP) 2017/994, should continue to apply to the persons and entities designated in Annex II to Decision (CFSP) 2016/849. The grounds for listing of those persons and entities are set out in that Annex.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex II to Council Regulation (EC) No 329/2007 (3), in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).

The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, before 15 January 2018, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 36(2) of Decision (CFSP) 2016/849.

---

(1)  OJ L 141, 28.5.2016, p. 79.

(2)  OJ L 149, 13.6.2017, p. 75.

(3)  OJ L 88, 29.3.2007, p. 1.

---

| 13.6.2017 | EN | Official Journal of the European Union | C 187/3 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/3

---

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea apply

(2017/C 187/03)

The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):

The legal basis for this processing operation is Council Regulation (EC) No 329/2007 (2).

The controller of this processing operation is the Council of the European Union represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EC) No 329/2007.

The data subjects are the natural persons who fulfil the listing criteria as laid down in that Regulation.

The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.

---

(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 88, 29.3.2007, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.

---

European Commission

| 13.6.2017 | EN | Official Journal of the European Union | C 187/4 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/4

---

Euro exchange rates (1)

12 June 2017

(2017/C 187/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1221 |
| JPY | Japanese yen | 123,30 |
| DKK | Danish krone | 7,4367 |
| GBP | Pound sterling | 0,88545 |
| SEK | Swedish krona | 9,7803 |
| CHF | Swiss franc | 1,0857 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,4985 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,198 |
| HUF | Hungarian forint | 307,18 |
| PLN | Polish zloty | 4,1899 |
| RON | Romanian leu | 4,5620 |
| TRY | Turkish lira | 3,9459 |
| AUD | Australian dollar | 1,4875 |
| CAD | Canadian dollar | 1,5078 |
| HKD | Hong Kong dollar | 8,7510 |
| NZD | New Zealand dollar | 1,5583 |
| SGD | Singapore dollar | 1,5531 |
| KRW | South Korean won | 1 270,17 |
| ZAR | South African rand | 14,3757 |
| CNY | Chinese yuan renminbi | 7,6284 |
| HRK | Croatian kuna | 7,4115 |
| IDR | Indonesian rupiah | 14 921,69 |
| MYR | Malaysian ringgit | 4,7858 |
| PHP | Philippine peso | 55,624 |
| RUB | Russian rouble | 63,9585 |
| THB | Thai baht | 38,219 |
| BRL | Brazilian real | 3,6840 |
| MXN | Mexican peso | 20,3762 |
| INR | Indian rupee | 72,3080 |

Currency

Exchange rate

USD

US dollar

1,1221

JPY

Japanese yen

123,30

DKK

Danish krone

7,4367

GBP

Pound sterling

0,88545

SEK

Swedish krona

9,7803

CHF

Swiss franc

1,0857

ISK

Iceland króna

NOK

Norwegian krone

9,4985

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,198

HUF

Hungarian forint

307,18

PLN

Polish zloty

4,1899

RON

Romanian leu

4,5620

TRY

Turkish lira

3,9459

AUD

Australian dollar

1,4875

CAD

Canadian dollar

1,5078

HKD

Hong Kong dollar

8,7510

NZD

New Zealand dollar

1,5583

SGD

Singapore dollar

1,5531

KRW

South Korean won

1 270,17

ZAR

South African rand

14,3757

CNY

Chinese yuan renminbi

7,6284

HRK

Croatian kuna

7,4115

IDR

Indonesian rupiah

14 921,69

MYR

Malaysian ringgit

4,7858

PHP

Philippine peso

55,624

RUB

Russian rouble

63,9585

THB

Thai baht

38,219

BRL

Brazilian real

3,6840

MXN

Mexican peso

20,3762

INR

Indian rupee

72,3080

---

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

---

| 13.6.2017 | EN | Official Journal of the European Union | C 187/5 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/5

---

Interim update of the weightings applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries (1)

(2017/C 187/05)

AUGUST 2016

| Place of employment | Economic parity
  August 2016 | Exchange rate
  August 2016 (*1) | Weighting
  August 2016 (*2) |
| --- | --- | --- | --- |
| Zimbabwe | 1,015 | 1,10900 | 91,5 |
| Malawi | 391,1 | 790,983 | 49,4 |
| Angola | 268,1 | 185,363 | 144,6 |

Place of employment

Economic parity

August 2016

Exchange rate

August 2016 (*1)

Weighting

August 2016 (*2)

Zimbabwe

1,015

1,10900

91,5

Malawi

391,1

790,983

49,4

Angola

268,1

185,363

144,6

SEPTEMBER 2016

| Place of employment | Economic parity
  September 2016 | Exchange rate
  September 2016 (*3) | Weighting
  September 2016 (*4) |
| --- | --- | --- | --- |
| Suriname | 4,471 | 8,22188 | 54,4 |

Place of employment

Economic parity

September 2016

Exchange rate

September 2016 (*3)

Weighting

September 2016 (*4)

Suriname

4,471

8,22188

54,4

OCTOBER 2016

| Place of employment | Economic parity
  October 2016 | Exchange rate
  October 2016 (*5) | Weighting
  October 2016 (*6) |
| --- | --- | --- | --- |
| Mozambique | 38,99 | 85,8000 | 45,4 |
| Lesotho | 8,385 | 15,4740 | 54,2 |
| Central African Republic | 754,3 | 655,957 | 115,0 |
| Botswana | 7,350 | 11,7371 | 62,6 |
| Democratic Republic of the Congo | 1,925 | 1,12210 | 171,6 |
| Chile | 487,4 | 743,212 | 65,6 |
| Tunisia | 1,757 | 2,47060 | 71,1 |
| Comoros | 354,8 | 491,968 | 72,1 |
| Sudan | 12,55 | 7,35935 | 170,5 |
| Chad | 659,5 | 655,957 | 100,5 |
| Argentina | 11,00 | 17,1008 | 64,3 |
| Mauritania | 279,0 | 400,960 | 69,6 |
| Suriname | 4,763 | 8,69684 | 54,8 |
| Angola | 286,3 | 185,368 | 154,4 |
| Belarus | 12 330 | 21 718,0 | 56,8 |

Place of employment

Economic parity

October 2016

Exchange rate

October 2016 (*5)

Weighting

October 2016 (*6)

Mozambique

38,99

85,8000

45,4

Lesotho

8,385

15,4740

54,2

Central African Republic

754,3

655,957

115,0

Botswana

7,350

11,7371

62,6

Democratic Republic of the Congo

1,925

1,12210

171,6

Chile

487,4

743,212

65,6

Tunisia

1,757

2,47060

71,1

Comoros

354,8

491,968

72,1

Sudan

12,55

7,35935

170,5

Chad

659,5

655,957

100,5

Argentina

11,00

17,1008

64,3

Mauritania

279,0

400,960

69,6

Suriname

4,763

8,69684

54,8

Angola

286,3

185,368

154,4

Belarus

12 330

21 718,0

56,8

NOVEMBER 2016

| Place of employment | Economic parity
  November 2016 | Exchange rate
  November 2016 (*7) | Weighting
  November 2016 (*8) |
| --- | --- | --- | --- |
| Egypt | 7,633 | 9,68535 | 78,8 |
| Sierra Leone | 8 338 | 7 686,52 | 108,5 |
| Cuba | 0,9010 | 1,09220 | 82,5 |
| Ukraine | 16,59 | 27,9400 | 59,4 |

Place of employment

Economic parity

November 2016

Exchange rate

November 2016 (*7)

Weighting

November 2016 (*8)

Egypt

7,633

9,68535

78,8

Sierra Leone

8 338

7 686,52

108,5

Cuba

0,9010

1,09220

82,5

Ukraine

16,59

27,9400

59,4

DECEMBER 2016

| Place of employment | Economic parity
  December 2016 | Exchange rate
  December 2016 (*9) | Weighting
  December 2016 (*10) |
| --- | --- | --- | --- |
| Egypt | 8,103 | 18,5637 | 43,6 |
| Burundi | 1 567 | 1 778,10 | 88,1 |
| Democratic Republic of the Congo | 2,045 | 1,05760 | 193,4 |
| Haiti | 60,12 | 70,9922 | 84,7 |
| Angola | 302,2 | 185,375 | 163,0 |
| Belarus | 13 058 | 20 804,0 | 62,8 |

Place of employment

Economic parity

December 2016

Exchange rate

December 2016 (*9)

Weighting

December 2016 (*10)

Egypt

8,103

18,5637

43,6

Burundi

1 567

1 778,10

88,1

Democratic Republic of the Congo

2,045

1,05760

193,4

Haiti

60,12

70,9922

84,7

Angola

302,2

185,375

163,0

Belarus

13 058

20 804,0

62,8

JANUARY 2017

| Place of employment | Economic parity
  January 2017 | Exchange rate
  January 2017 (*11) | Weighting
  January 2017 (*12) |
| --- | --- | --- | --- |
| Lesotho | 8,894 | 14,2922 | 62,2 |
| Central African Republic | 801,8 | 655,957 | 122,2 |
| Ghana | 3,545 | 4,33310 | 81,8 |
| Democratic Republic of the Congo | 2,260 | 1,04530 | 216,2 |
| Tunisia | 1,845 | 2,42550 | 76,1 |
| Chad | 616,3 | 655,957 | 94,0 |
| Solomon Islands | 9,861 | 8,15052 | 121,0 |
| Ukraine | 17,42 | 27,5599 | 63,2 |
| Eritrea | 22,03 | 16,3636 | 134,6 |

Place of employment

Economic parity

January 2017

Exchange rate

January 2017 (*11)

Weighting

January 2017 (*12)

Lesotho

8,894

14,2922

62,2

Central African Republic

801,8

655,957

122,2

Ghana

3,545

4,33310

81,8

Democratic Republic of the Congo

2,260

1,04530

216,2

Tunisia

1,845

2,42550

76,1

Chad

616,3

655,957

94,0

Solomon Islands

9,861

8,15052

121,0

Ukraine

17,42

27,5599

63,2

Eritrea

22,03

16,3636

134,6

---

(1)  According to the Eurostat Report of 12 April 2017 on the interim update of weightings (correction coefficients) applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in Extra-EU Delegations in accordance with Article 64 and Annex X and Annex XI of the Staff Regulations applicable to officials and other servants of the European Union.

Further information is available on the Eurostat website (http://ec.europa.eu/eurostat > ‘Data’ > ‘Database’ > ‘Economy and finance’ > ‘Prices’ > ‘Correction coefficients’).

(*1)  1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.

(*2)  Brussels and Luxembourg = 100.

(*3)  1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.

(*4)  Brussels and Luxembourg = 100.

(*5)  1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.

(*6)  Brussels and Luxembourg = 100.

(*7)  1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.

(*8)  Brussels and Luxembourg = 100.

(*9)  1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.

(*10)  Brussels and Luxembourg = 100.

(*11)  1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.

(*12)  Brussels and Luxembourg = 100.

---

NOTICES FROM MEMBER STATES

| 13.6.2017 | EN | Official Journal of the European Union | C 187/8 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/8

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/06)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE BÉKÉSSÁMSON AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Békés and Csongrád.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Árpádhalom | Csongrád | Királyhegyes | Csongrád |
| Békéssámson | Békés | Kondoros | Békés |
| Csabacsűd | Békés | Kövegy | Csongrád |
| Csanádalberti | Csongrád | Magyarcsanád | Csongrád |
| Csanádpalota | Csongrád | Makó | Csongrád |
| Csárdaszállás | Békés | Mezőberény | Békés |
| Csorvás | Békés | Mezőhegyes | Békés |
| Eperjes | Csongrád | Nagylak | Csongrád |
| Fábiánsebestyén | Csongrád | Nagymágocs | Csongrád |
| Gádoros | Békés | Nagyszénás | Békés |
| Gerendás | Békés | Orosháza | Békés |
| Gyomaendrőd | Békés | Örménykút | Békés |
| Hódmezővásárhely | Csongrád | Pitvaros | Csongrád |
| Hunya | Békés | Szarvas | Békés |
| Kardos | Békés | Székkutas | Csongrád |
| Kardoskút | Békés | Szentes | Csongrád |
| Kétsoprony | Békés | Tótkomlós | Békés |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Békés and Csongrád.

Municipality

County

Municipality

County

Árpádhalom

Csongrád

Királyhegyes

Csongrád

Békéssámson

Békés

Kondoros

Békés

Csabacsűd

Békés

Kövegy

Csongrád

Csanádalberti

Csongrád

Magyarcsanád

Csongrád

Csanádpalota

Csongrád

Makó

Csongrád

Csárdaszállás

Békés

Mezőberény

Békés

Csorvás

Békés

Mezőhegyes

Békés

Eperjes

Csongrád

Nagylak

Csongrád

Fábiánsebestyén

Csongrád

Nagymágocs

Csongrád

Gádoros

Békés

Nagyszénás

Békés

Gerendás

Békés

Orosháza

Békés

Gyomaendrőd

Békés

Örménykút

Békés

Hódmezővásárhely

Csongrád

Pitvaros

Csongrád

Hunya

Békés

Szarvas

Békés

Kardos

Békés

Székkutas

Csongrád

Kardoskút

Békés

Szentes

Csongrád

Kétsoprony

Békés

Tótkomlós

Békés

Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level

Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 1 338,443 km2.

Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession.

| 5. | Minimum net concession fee: HUF 348 000 000 (three hundred and forty-eight million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 348 000 000 (three hundred and forty-eight million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code BEKCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code BEKCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon commencement of production is envisaged (by law, within less than five years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than five years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017.

Dr Miklós SESZTÁK

Minister

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(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

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| 13.6.2017 | EN | Official Journal of the European Union | C 187/12 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/12

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Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/07)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE FEDÉMES AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Borsod, Heves and Nógrád.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Alsótold | Nógrád | Ludányhalászi | Nógrád |
| Arló | Borsod–Abaúj–Zemplén | Magyargéc | Nógrád |
| Balaton | Heves | Márkháza | Nógrád |
| Bánhorváti | Borsod–Abaúj–Zemplén | Mátraballa | Heves |
| Bánréve | Borsod–Abaúj–Zemplén | Mátraderecske | Heves |
| Bárna | Nógrád | Mátramindszent | Nógrád |
| Bátonyterenye | Nógrád | Mátranovák | Nógrád |
| Bátor | Heves | Mátraszele | Nógrád |
| Bekölce | Heves | Mátraszőlős | Nógrád |
| Bélapátfalva | Heves | Mátraterenye | Nógrád |
| Bodony | Heves | Mátraverebély | Nógrád |
| Bokor | Nógrád | Mihálygerge | Nógrád |
| Borsodbóta | Borsod–Abaúj–Zemplén | Mikófalva | Heves |
| Borsodnádasd | Borsod–Abaúj–Zemplén | Mónosbél | Heves |
| Borsodszentgyörgy | Borsod–Abaúj–Zemplén | Nagybarca | Borsod–Abaúj–Zemplén |
| Buják | Nógrád | Nagybárkány | Nógrád |
| Bükkmogyorósd | Borsod–Abaúj–Zemplén | Nagykeresztúr | Nógrád |
| Bükkszék | Heves | Nagylóc | Nógrád |
| Bükkszenterzsébet | Heves | Nagyvisnyó | Heves |
| Bükkszentmárton | Heves | Nekézseny | Borsod–Abaúj–Zemplén |
| Cered | Nógrád | Nemti | Nógrád |
| Cserhátszentiván | Nógrád | Nógrádmegyer | Nógrád |
| Csernely | Borsod–Abaúj–Zemplén | Nógrádsipek | Nógrád |
| Csokvaomány | Borsod–Abaúj–Zemplén | Nógrádszakál | Nógrád |
| Dédestapolcsány | Borsod–Abaúj–Zemplén | Ózd | Borsod–Abaúj–Zemplén |
| Domaháza | Borsod–Abaúj–Zemplén | Parád | Heves |
| Dorogháza | Nógrád | Parádsasvár | Heves |
| Dubicsány | Borsod–Abaúj–Zemplén | Pásztó | Nógrád |
| Ecseg | Nógrád | Pétervására | Heves |
| Egerbakta | Heves | Piliny | Nógrád |
| Egerbocs | Heves | Putnok | Borsod–Abaúj–Zemplén |
| Egercsehi | Heves | Rákóczibánya | Nógrád |
| Egyházasgerge | Nógrád | Recsk | Heves |
| Endrefalva | Nógrád | Rimóc | Nógrád |
| Erdőkövesd | Heves | Ságújfalu | Nógrád |
| Etes | Nógrád | Sajómercse | Borsod–Abaúj–Zemplén |
| Farkaslyuk | Borsod–Abaúj–Zemplén | Sajónémeti | Borsod–Abaúj–Zemplén |
| Fedémes | Heves | Sajópüspöki | Borsod–Abaúj–Zemplén |
| Felsőtold | Nógrád | Sajóvelezd | Borsod–Abaúj–Zemplén |
| Garáb | Nógrád | Salgótarján | Nógrád |
| Hangony | Borsod–Abaúj–Zemplén | Sámsonháza | Nógrád |
| Herencsény | Nógrád | Sáta | Borsod–Abaúj–Zemplén |
| Hét | Borsod–Abaúj–Zemplén | Serényfalva | Borsod–Abaúj–Zemplén |
| Hevesaranyos | Heves | Sirok | Heves |
| Hollókő | Nógrád | Somoskőújfalu | Nógrád |
| Ipolytarnóc | Nógrád | Sóshartyán | Nógrád |
| Istenmezeje | Heves | Szajla | Heves |
| Ivád | Heves | Szalmatercs | Nógrád |
| Járdánháza | Borsod–Abaúj–Zemplén | Szécsény | Nógrád |
| Karancsalja | Nógrád | Szécsényfelfalu | Nógrád |
| Karancsberény | Nógrád | Szentdomonkos | Heves |
| Karancskeszi | Nógrád | Szilaspogony | Nógrád |
| Karancslapujtő | Nógrád | Szilvásvárad | Heves |
| Karancsság | Nógrád | Szúcs | Heves |
| Kazár | Nógrád | Szuha | Nógrád |
| Királd | Borsod–Abaúj–Zemplén | Tar | Nógrád |
| Kisbárkány | Nógrád | Tarnalelesz | Heves |
| Kisfüzes | Heves | Terény | Nógrád |
| Kishartyán | Nógrád | Terpes | Heves |
| Kissikátor | Borsod–Abaúj–Zemplén | Uppony | Borsod–Abaúj–Zemplén |
| Kozárd | Nógrád | Váraszó | Heves |
| Kutasó | Nógrád | Varsány | Nógrád |
| Lénárddaróc | Borsod–Abaúj–Zemplén | Vizslás | Nógrád |
| Litke | Nógrád | Zabar | Nógrád |
| Lucfalva | Nógrád | | |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Borsod, Heves and Nógrád.

Municipality

County

Municipality

County

Alsótold

Nógrád

Ludányhalászi

Nógrád

Arló

Borsod–Abaúj–Zemplén

Magyargéc

Nógrád

Balaton

Heves

Márkháza

Nógrád

Bánhorváti

Borsod–Abaúj–Zemplén

Mátraballa

Heves

Bánréve

Borsod–Abaúj–Zemplén

Mátraderecske

Heves

Bárna

Nógrád

Mátramindszent

Nógrád

Bátonyterenye

Nógrád

Mátranovák

Nógrád

Bátor

Heves

Mátraszele

Nógrád

Bekölce

Heves

Mátraszőlős

Nógrád

Bélapátfalva

Heves

Mátraterenye

Nógrád

Bodony

Heves

Mátraverebély

Nógrád

Bokor

Nógrád

Mihálygerge

Nógrád

Borsodbóta

Borsod–Abaúj–Zemplén

Mikófalva

Heves

Borsodnádasd

Borsod–Abaúj–Zemplén

Mónosbél

Heves

Borsodszentgyörgy

Borsod–Abaúj–Zemplén

Nagybarca

Borsod–Abaúj–Zemplén

Buják

Nógrád

Nagybárkány

Nógrád

Bükkmogyorósd

Borsod–Abaúj–Zemplén

Nagykeresztúr

Nógrád

Bükkszék

Heves

Nagylóc

Nógrád

Bükkszenterzsébet

Heves

Nagyvisnyó

Heves

Bükkszentmárton

Heves

Nekézseny

Borsod–Abaúj–Zemplén

Cered

Nógrád

Nemti

Nógrád

Cserhátszentiván

Nógrád

Nógrádmegyer

Nógrád

Csernely

Borsod–Abaúj–Zemplén

Nógrádsipek

Nógrád

Csokvaomány

Borsod–Abaúj–Zemplén

Nógrádszakál

Nógrád

Dédestapolcsány

Borsod–Abaúj–Zemplén

Ózd

Borsod–Abaúj–Zemplén

Domaháza

Borsod–Abaúj–Zemplén

Parád

Heves

Dorogháza

Nógrád

Parádsasvár

Heves

Dubicsány

Borsod–Abaúj–Zemplén

Pásztó

Nógrád

Ecseg

Nógrád

Pétervására

Heves

Egerbakta

Heves

Piliny

Nógrád

Egerbocs

Heves

Putnok

Borsod–Abaúj–Zemplén

Egercsehi

Heves

Rákóczibánya

Nógrád

Egyházasgerge

Nógrád

Recsk

Heves

Endrefalva

Nógrád

Rimóc

Nógrád

Erdőkövesd

Heves

Ságújfalu

Nógrád

Etes

Nógrád

Sajómercse

Borsod–Abaúj–Zemplén

Farkaslyuk

Borsod–Abaúj–Zemplén

Sajónémeti

Borsod–Abaúj–Zemplén

Fedémes

Heves

Sajópüspöki

Borsod–Abaúj–Zemplén

Felsőtold

Nógrád

Sajóvelezd

Borsod–Abaúj–Zemplén

Garáb

Nógrád

Salgótarján

Nógrád

Hangony

Borsod–Abaúj–Zemplén

Sámsonháza

Nógrád

Herencsény

Nógrád

Sáta

Borsod–Abaúj–Zemplén

Hét

Borsod–Abaúj–Zemplén

Serényfalva

Borsod–Abaúj–Zemplén

Hevesaranyos

Heves

Sirok

Heves

Hollókő

Nógrád

Somoskőújfalu

Nógrád

Ipolytarnóc

Nógrád

Sóshartyán

Nógrád

Istenmezeje

Heves

Szajla

Heves

Ivád

Heves

Szalmatercs

Nógrád

Járdánháza

Borsod–Abaúj–Zemplén

Szécsény

Nógrád

Karancsalja

Nógrád

Szécsényfelfalu

Nógrád

Karancsberény

Nógrád

Szentdomonkos

Heves

Karancskeszi

Nógrád

Szilaspogony

Nógrád

Karancslapujtő

Nógrád

Szilvásvárad

Heves

Karancsság

Nógrád

Szúcs

Heves

Kazár

Nógrád

Szuha

Nógrád

Királd

Borsod–Abaúj–Zemplén

Tar

Nógrád

Kisbárkány

Nógrád

Tarnalelesz

Heves

Kisfüzes

Heves

Terény

Nógrád

Kishartyán

Nógrád

Terpes

Heves

Kissikátor

Borsod–Abaúj–Zemplén

Uppony

Borsod–Abaúj–Zemplén

Kozárd

Nógrád

Váraszó

Heves

Kutasó

Nógrád

Varsány

Nógrád

Lénárddaróc

Borsod–Abaúj–Zemplén

Vizslás

Nógrád

Litke

Nógrád

Zabar

Nógrád

Lucfalva

Nógrád

Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level.

Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 2 060,99 km2.

Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession.

| 5. | Minimum net concession fee: HUF 300 000 000 (three hundred million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 300 000 000 (three hundred million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code FEDCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code FEDCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon commencement of production is envisaged (by law, within less than five years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than five years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017.

Dr Miklós SESZTÁK

Minister

---

(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 13.6.2017 | EN | Official Journal of the European Union | C 187/18 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/18

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/08)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE DRÁVAPALKONYA AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Baranya and Somogy.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Adorjás | Baranya | Lakócsa | Somogy |
| Alsószentmárton | Baranya | Lapáncsa | Baranya |
| Áta | Baranya | Lippó | Baranya |
| Babarcszőlős | Baranya | Lúzsok | Baranya |
| Baksa | Baranya | Magyarbóly | Baranya |
| Bánfa | Baranya | Magyarmecske | Baranya |
| Baranyahídvég | Baranya | Magyartelek | Baranya |
| Beremend | Baranya | Majs | Baranya |
| Besence | Baranya | Márfa | Baranya |
| Bezedek | Baranya | Markóc | Baranya |
| Bisse | Baranya | Márok | Baranya |
| Bogádmindszent | Baranya | Matty | Baranya |
| Bogdása | Baranya | Nagybudmér | Baranya |
| Bóly | Baranya | Nagycsány | Baranya |
| Borjád | Baranya | Nagyharsány | Baranya |
| Botykapeterd | Baranya | Nagynyárád | Baranya |
| Bürüs | Baranya | Nagypeterd | Baranya |
| Cún | Baranya | Nagytótfalu | Baranya |
| Csányoszró | Baranya | Ócsárd | Baranya |
| Dencsháza | Baranya | Okorág | Baranya |
| Diósviszló | Baranya | Old | Baranya |
| Drávacsehi | Baranya | Ózdfalu | Baranya |
| Drávacsepely | Baranya | Palkonya | Baranya |
| Drávafok | Baranya | Páprád | Baranya |
| Drávaiványi | Baranya | Pécsbagota | Baranya |
| Drávakeresztúr | Baranya | Piskó | Baranya |
| Drávapalkonya | Baranya | Pócsa | Baranya |
| Drávapiski | Baranya | Rádfalva | Baranya |
| Drávaszabolcs | Baranya | Rózsafa | Baranya |
| Drávaszerdahely | Baranya | Sámod | Baranya |
| Drávasztára | Baranya | Sárok | Baranya |
| Egyházasharaszti | Baranya | Sátorhely | Baranya |
| Felsőszentmárton | Baranya | Sellye | Baranya |
| Garé | Baranya | Siklós | Baranya |
| Gerde | Baranya | Siklósbodony | Baranya |
| Gilvánfa | Baranya | Siklósnagyfalu | Baranya |
| Gordisa | Baranya | Sósvertike | Baranya |
| Gyöngyfa | Baranya | Sumony | Baranya |
| Harkány | Baranya | Szabadszentkirály | Baranya |
| Hegyszentmárton | Baranya | Szalánta | Baranya |
| Hirics | Baranya | Szaporca | Baranya |
| Hobol | Baranya | Szava | Baranya |
| Illocska | Baranya | Szentborbás | Somogy |
| Ipacsfa | Baranya | Szentdénes | Baranya |
| Ivánbattyán | Baranya | Szentegát | Baranya |
| Ivándárda | Baranya | Szigetvár | Baranya |
| Kásád | Baranya | Szőke | Baranya |
| Katádfa | Baranya | Tengeri | Baranya |
| Kémes | Baranya | Tésenfa | Baranya |
| Kemse | Baranya | Téseny | Baranya |
| Királyegyháza | Baranya | Töttös | Baranya |
| Kisasszonyfa | Baranya | Túrony | Baranya |
| Kisbudmér | Baranya | Udvar | Baranya |
| Kisdér | Baranya | Újpetre | Baranya |
| Kisharsány | Baranya | Vajszló | Baranya |
| Kiskassa | Baranya | Várad | Baranya |
| Kislippó | Baranya | Vejti | Baranya |
| Kistapolca | Baranya | Velény | Baranya |
| Kistótfalu | Baranya | Villány | Baranya |
| Kisszentmárton | Baranya | Vokány | Baranya |
| Kórós | Baranya | Zaláta | Baranya |
| Kovácshida | Baranya | | |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Baranya and Somogy.

Municipality

County

Municipality

County

Adorjás

Baranya

Lakócsa

Somogy

Alsószentmárton

Baranya

Lapáncsa

Baranya

Áta

Baranya

Lippó

Baranya

Babarcszőlős

Baranya

Lúzsok

Baranya

Baksa

Baranya

Magyarbóly

Baranya

Bánfa

Baranya

Magyarmecske

Baranya

Baranyahídvég

Baranya

Magyartelek

Baranya

Beremend

Baranya

Majs

Baranya

Besence

Baranya

Márfa

Baranya

Bezedek

Baranya

Markóc

Baranya

Bisse

Baranya

Márok

Baranya

Bogádmindszent

Baranya

Matty

Baranya

Bogdása

Baranya

Nagybudmér

Baranya

Bóly

Baranya

Nagycsány

Baranya

Borjád

Baranya

Nagyharsány

Baranya

Botykapeterd

Baranya

Nagynyárád

Baranya

Bürüs

Baranya

Nagypeterd

Baranya

Cún

Baranya

Nagytótfalu

Baranya

Csányoszró

Baranya

Ócsárd

Baranya

Dencsháza

Baranya

Okorág

Baranya

Diósviszló

Baranya

Old

Baranya

Drávacsehi

Baranya

Ózdfalu

Baranya

Drávacsepely

Baranya

Palkonya

Baranya

Drávafok

Baranya

Páprád

Baranya

Drávaiványi

Baranya

Pécsbagota

Baranya

Drávakeresztúr

Baranya

Piskó

Baranya

Drávapalkonya

Baranya

Pócsa

Baranya

Drávapiski

Baranya

Rádfalva

Baranya

Drávaszabolcs

Baranya

Rózsafa

Baranya

Drávaszerdahely

Baranya

Sámod

Baranya

Drávasztára

Baranya

Sárok

Baranya

Egyházasharaszti

Baranya

Sátorhely

Baranya

Felsőszentmárton

Baranya

Sellye

Baranya

Garé

Baranya

Siklós

Baranya

Gerde

Baranya

Siklósbodony

Baranya

Gilvánfa

Baranya

Siklósnagyfalu

Baranya

Gordisa

Baranya

Sósvertike

Baranya

Gyöngyfa

Baranya

Sumony

Baranya

Harkány

Baranya

Szabadszentkirály

Baranya

Hegyszentmárton

Baranya

Szalánta

Baranya

Hirics

Baranya

Szaporca

Baranya

Hobol

Baranya

Szava

Baranya

Illocska

Baranya

Szentborbás

Somogy

Ipacsfa

Baranya

Szentdénes

Baranya

Ivánbattyán

Baranya

Szentegát

Baranya

Ivándárda

Baranya

Szigetvár

Baranya

Kásád

Baranya

Szőke

Baranya

Katádfa

Baranya

Tengeri

Baranya

Kémes

Baranya

Tésenfa

Baranya

Kemse

Baranya

Téseny

Baranya

Királyegyháza

Baranya

Töttös

Baranya

Kisasszonyfa

Baranya

Túrony

Baranya

Kisbudmér

Baranya

Udvar

Baranya

Kisdér

Baranya

Újpetre

Baranya

Kisharsány

Baranya

Vajszló

Baranya

Kiskassa

Baranya

Várad

Baranya

Kislippó

Baranya

Vejti

Baranya

Kistapolca

Baranya

Velény

Baranya

Kistótfalu

Baranya

Villány

Baranya

Kisszentmárton

Baranya

Vokány

Baranya

Kórós

Baranya

Zaláta

Baranya

Kovácshida

Baranya

Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level

Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 1 061,018 km2.

Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession.

| 5. | Minimum net concession fee: HUF 363 000 000 (three hundred and sixty-three million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 363 000 000 (three hundred and sixty-three million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code DRACHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code DRACHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon commencement of production is envisaged (by law, within less than five years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than five years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017.

Dr Miklós SESZTÁK

Minister

---

(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 13.6.2017 | EN | Official Journal of the European Union | C 187/24 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/24

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/09)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXTRACTION AND EXPLOITATION OF GEOTHERMAL ENERGY UNDER CONCESSION IN THE GÁDOROS AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, extraction and exploitation of geothermal energy under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 35 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 35 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Békés and Csongrád.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Árpádhalom | Csongrád | Nagymágocs | Csongrád |
| Csorvás | Békés | Nagyszénás | Békés |
| Eperjes | Csongrád | Orosháza | Békés |
| Fábiánsebestyén | Csongrád | Szentes | Csongrád |
| Gádoros | Békés | | |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Békés and Csongrád.

Municipality

County

Municipality

County

Árpádhalom

Csongrád

Nagymágocs

Csongrád

Csorvás

Békés

Nagyszénás

Békés

Eperjes

Csongrád

Orosháza

Békés

Fábiánsebestyén

Csongrád

Szentes

Csongrád

Gádoros

Békés

Overburden of area designated for concession: 2 500 m from the surface and bedrock: 6 000 metres below Baltic Sea level.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 419,4 km2.

| 5. | Minimum net concession fee: HUF 45 000 000 (forty-five million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 45 000 000 (forty-five million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 1 500 000 (one million five hundred thousand forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 1 500 000 (one million five hundred thousand forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 15 000 000 (fifteen million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 15 000 000 (fifteen million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 2 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 2 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code GADGTDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code GADGTDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, extraction and exploitation of geothermal energy in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the geothermal protection boundary becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the geothermal protection boundary. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, extraction and exploitation of geothermal energy in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the geothermal protection boundary becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the geothermal protection boundary.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of geothermal energy); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of geothermal energy);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon exploitation for energy purposes is envisaged (by law, within less than three years). |
| --- | --- |

—

how soon exploitation for energy purposes is envisaged (by law, within less than three years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with the prospection, extraction and exploitation of geothermal energy. |
| --- | --- |

—

the total value of work performed in connection with the prospection, extraction and exploitation of geothermal energy.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, extraction and exploitation of geothermal energy in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, extraction and exploitation of geothermal energy in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017.

Dr Miklós SESZTÁK

Minister

---

(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 13.6.2017 | EN | Official Journal of the European Union | C 187/28 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/28

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/10)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE HATVAN AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Heves, Pest, Nógrád and Jász–Nagykun–Szolnok.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Abasár | Heves | Kartal | Pest |
| Acsa | Pest | Kerekharaszt | Heves |
| Aldebrő | Heves | Kisbágyon | Nógrád |
| Apc | Heves | Kisnána | Heves |
| Aszód | Pest | Kozárd | Nógrád |
| Atkár | Heves | Kutasó | Nógrád |
| Bátonyterenye | Nógrád | Lőrinci | Heves |
| Bér | Nógrád | Ludas | Heves |
| Bercel | Nógrád | Markaz | Heves |
| Bodony | Heves | Mátraderecske | Heves |
| Bokor | Nógrád | Mátraszentimre | Heves |
| Boldog | Heves | Mátraszőlős | Nógrád |
| Buják | Nógrád | Nagykökényes | Heves |
| Csécse | Nógrád | Nagyréde | Heves |
| Cserhátszentiván | Nógrád | Nagyút | Heves |
| Csővár | Pest | Nógrádkövesd | Nógrád |
| Detk | Heves | Nógrádsáp | Nógrád |
| Domoszló | Heves | Pálosvörösmart | Heves |
| Ecséd | Heves | Palotás | Nógrád |
| Ecseg | Nógrád | Parád | Heves |
| Egerbakta | Heves | Parádsasvár | Heves |
| Egerszólát | Heves | Pásztó | Nógrád |
| Egyházasdengeleg | Nógrád | Petőfibánya | Heves |
| Erdőkürt | Nógrád | Püspökhatvan | Pest |
| Erdőtarcsa | Nógrád | Recsk | Heves |
| Galgaguta | Nógrád | Rózsaszentmárton | Heves |
| Galgahévíz | Pest | Sirok | Heves |
| Gyöngyös | Heves | Szarvasgede | Nógrád |
| Gyöngyöshalász | Heves | Szirák | Nógrád |
| Gyöngyösoroszi | Heves | Szuha | Nógrád |
| Gyöngyöspata | Heves | Szurdokpüspöki | Nógrád |
| Gyöngyössolymos | Heves | Szűcsi | Heves |
| Gyöngyöstarján | Heves | Tar | Nógrád |
| Halmajugra | Heves | Tarnaszentmária | Heves |
| Hatvan | Heves | Terény | Nógrád |
| Héhalom | Nógrád | Tura | Pest |
| Heréd | Heves | Vanyarc | Nógrád |
| Herencsény | Nógrád | Vécs | Heves |
| Hort | Heves | Verpelét | Heves |
| Jászfényszaru | Jász–Nagykun–Szolnok | Verseg | Pest |
| Jobbágyi | Nógrád | Visonta | Heves |
| Kálló | Nógrád | Zagyvaszántó | Heves |
| Karácsond | Heves | | |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Heves, Pest, Nógrád and Jász–Nagykun–Szolnok.

Municipality

County

Municipality

County

Abasár

Heves

Kartal

Pest

Acsa

Pest

Kerekharaszt

Heves

Aldebrő

Heves

Kisbágyon

Nógrád

Apc

Heves

Kisnána

Heves

Aszód

Pest

Kozárd

Nógrád

Atkár

Heves

Kutasó

Nógrád

Bátonyterenye

Nógrád

Lőrinci

Heves

Bér

Nógrád

Ludas

Heves

Bercel

Nógrád

Markaz

Heves

Bodony

Heves

Mátraderecske

Heves

Bokor

Nógrád

Mátraszentimre

Heves

Boldog

Heves

Mátraszőlős

Nógrád

Buják

Nógrád

Nagykökényes

Heves

Csécse

Nógrád

Nagyréde

Heves

Cserhátszentiván

Nógrád

Nagyút

Heves

Csővár

Pest

Nógrádkövesd

Nógrád

Detk

Heves

Nógrádsáp

Nógrád

Domoszló

Heves

Pálosvörösmart

Heves

Ecséd

Heves

Palotás

Nógrád

Ecseg

Nógrád

Parád

Heves

Egerbakta

Heves

Parádsasvár

Heves

Egerszólát

Heves

Pásztó

Nógrád

Egyházasdengeleg

Nógrád

Petőfibánya

Heves

Erdőkürt

Nógrád

Püspökhatvan

Pest

Erdőtarcsa

Nógrád

Recsk

Heves

Galgaguta

Nógrád

Rózsaszentmárton

Heves

Galgahévíz

Pest

Sirok

Heves

Gyöngyös

Heves

Szarvasgede

Nógrád

Gyöngyöshalász

Heves

Szirák

Nógrád

Gyöngyösoroszi

Heves

Szuha

Nógrád

Gyöngyöspata

Heves

Szurdokpüspöki

Nógrád

Gyöngyössolymos

Heves

Szűcsi

Heves

Gyöngyöstarján

Heves

Tar

Nógrád

Halmajugra

Heves

Tarnaszentmária

Heves

Hatvan

Heves

Terény

Nógrád

Héhalom

Nógrád

Tura

Pest

Heréd

Heves

Vanyarc

Nógrád

Herencsény

Nógrád

Vécs

Heves

Hort

Heves

Verpelét

Heves

Jászfényszaru

Jász–Nagykun–Szolnok

Verseg

Pest

Jobbágyi

Nógrád

Visonta

Heves

Kálló

Nógrád

Zagyvaszántó

Heves

Karácsond

Heves

Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level

Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 1 540 km2.

Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession.

| 5. | Minimum net concession fee: HUF 309 000 000 (three hundred and nine million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 309 000 000 (three hundred and nine million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code HATCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code HATCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon commencement of production is envisaged (by law, within less than five years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than five years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017.

Dr Miklós SESZTÁK

Minister

---

(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 13.6.2017 | EN | Official Journal of the European Union | C 187/33 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/33

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/11)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE KÖRÖSLADÁNY AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Békés and Jász–Nagykun–Szolnok.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Dévaványa | Békés | Körösladány | Békés |
| Ecsegfalva | Békés | Mezőtúr | Jász–Nagykun–Szolnok |
| Gyomaendrőd | Békés | Szeghalom | Békés |
| Kertészsziget | Békés | Túrkeve | Jász–Nagykun–Szolnok |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Békés and Jász–Nagykun–Szolnok.

Municipality

County

Municipality

County

Dévaványa

Békés

Körösladány

Békés

Ecsegfalva

Békés

Mezőtúr

Jász–Nagykun–Szolnok

Gyomaendrőd

Békés

Szeghalom

Békés

Kertészsziget

Békés

Túrkeve

Jász–Nagykun–Szolnok

Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level

Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 600,57 km2.

Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession.

| 5. | Minimum net concession fee: HUF 190 500 000 (one hundred and ninety million five hundred thousand forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 190 500 000 (one hundred and ninety million five hundred thousand forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code KORCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code KORCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 26 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 26 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon commencement of production is envisaged (by law, within less than five years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than five years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017.

Dr Miklós SESZTÁK

Minister

---

(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 13.6.2017 | EN | Official Journal of the European Union | C 187/37 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/37

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/12)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE ŐRSÉG AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Zala and Vas.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Alsószenterzsébet | Zala | Magyarlak | Vas |
| Alsószölnök | Vas | Magyarszombatfa | Vas |
| Apátistvánfalva | Vas | Márokföld | Zala |
| Baglad | Zala | Nádasd | Vas |
| Bajánsenye | Vas | Nagyrákos | Vas |
| Belsősárd | Zala | Nemesmedves | Vas |
| Bödeháza | Zala | Nemesnép | Zala |
| Csesztreg | Zala | Orfalu | Vas |
| Csörötnek | Vas | Őrimagyarósd | Vas |
| Daraboshegy | Vas | Őriszentpéter | Vas |
| Felsőjánosfa | Vas | Pankasz | Vas |
| Felsőmarác | Vas | Rábagyarmat | Vas |
| Felsőszenterzsébet | Zala | Ramocsa | Zala |
| Felsőszölnök | Vas | Rátót | Vas |
| Gáborjánháza | Zala | Rédics | Zala |
| Gasztony | Vas | Resznek | Zala |
| Hegyhátszentjakab | Vas | Rönök | Vas |
| Hegyhátszentmárton | Vas | Szaknyér | Vas |
| Ispánk | Vas | Szakonyfalu | Vas |
| Ivánc | Vas | Szalafő | Vas |
| Kercaszomor | Vas | Szatta | Vas |
| Kerkafalva | Zala | Szentgotthárd | Vas |
| Kerkakutas | Zala | Szentgyörgyvölgy | Zala |
| Kerkáskápolna | Vas | Szijártóháza | Zala |
| Kétvölgy | Vas | Szőce | Vas |
| Kisrákos | Vas | Vasszentmihály | Vas |
| Kondorfa | Vas | Velemér | Vas |
| Külsősárd | Zala | Viszák | Vas |
| Lendvadedes | Zala | Zalalövő | Zala |
| Lendvajakabfa | Zala | Zalaszombatfa | Zala |
| Magyarföld | Zala | | |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Zala and Vas.

Municipality

County

Municipality

County

Alsószenterzsébet

Zala

Magyarlak

Vas

Alsószölnök

Vas

Magyarszombatfa

Vas

Apátistvánfalva

Vas

Márokföld

Zala

Baglad

Zala

Nádasd

Vas

Bajánsenye

Vas

Nagyrákos

Vas

Belsősárd

Zala

Nemesmedves

Vas

Bödeháza

Zala

Nemesnép

Zala

Csesztreg

Zala

Orfalu

Vas

Csörötnek

Vas

Őrimagyarósd

Vas

Daraboshegy

Vas

Őriszentpéter

Vas

Felsőjánosfa

Vas

Pankasz

Vas

Felsőmarác

Vas

Rábagyarmat

Vas

Felsőszenterzsébet

Zala

Ramocsa

Zala

Felsőszölnök

Vas

Rátót

Vas

Gáborjánháza

Zala

Rédics

Zala

Gasztony

Vas

Resznek

Zala

Hegyhátszentjakab

Vas

Rönök

Vas

Hegyhátszentmárton

Vas

Szaknyér

Vas

Ispánk

Vas

Szakonyfalu

Vas

Ivánc

Vas

Szalafő

Vas

Kercaszomor

Vas

Szatta

Vas

Kerkafalva

Zala

Szentgotthárd

Vas

Kerkakutas

Zala

Szentgyörgyvölgy

Zala

Kerkáskápolna

Vas

Szijártóháza

Zala

Kétvölgy

Vas

Szőce

Vas

Kisrákos

Vas

Vasszentmihály

Vas

Kondorfa

Vas

Velemér

Vas

Külsősárd

Zala

Viszák

Vas

Lendvadedes

Zala

Zalalövő

Zala

Lendvajakabfa

Zala

Zalaszombatfa

Zala

Magyarföld

Zala

Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level

Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 668,313 km2.

Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession.

| 5. | Minimum net concession fee: HUF 285 000 000 (two hundred and eighty-five million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 285 000 000 (two hundred and eighty-five million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code ORCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code ORCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 26 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 26 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon commencement of production is envisaged (by law, within less than five years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than five years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017.

Dr Miklós SESZTÁK

Minister

---

(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

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| 13.6.2017 | EN | Official Journal of the European Union | C 187/42 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/42

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/13)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE SOMOGYBÜKKÖSD AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Somogy and Zala.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Becsehely | Zala | Ötvöskónyi | Somogy |
| Belezna | Zala | Pat | Zala |
| Berzence | Somogy | Petrivente | Zala |
| Bolhás | Somogy | Pogányszentpéter | Somogy |
| Borsfa | Zala | Porrog | Somogy |
| Böhönye | Somogy | Porrogszentpál | Somogy |
| Csurgó | Somogy | Rigyác | Zala |
| Csurgónagymarton | Somogy | Sand | Zala |
| Eszteregnye | Zala | Segesd | Somogy |
| Fityeház | Zala | Semjénháza | Zala |
| Galambok | Zala | Somogybükkösd | Somogy |
| Gyékényes | Somogy | Somogycsicsó | Somogy |
| Homokkomárom | Zala | Somogyszob | Somogy |
| Iharos | Somogy | Sormás | Zala |
| Iharosberény | Somogy | Surd | Zala |
| Inke | Somogy | Szabás | Somogy |
| Kaszó | Somogy | Szenta | Somogy |
| Kistolmács | Zala | Szenyér | Somogy |
| Letenye | Zala | Szepetnek | Zala |
| Liszó | Zala | Tapsony | Somogy |
| Miháld | Zala | Tarany | Somogy |
| Molnári | Zala | Tótszentmárton | Zala |
| Murakeresztúr | Zala | Tótszerdahely | Zala |
| Murarátka | Zala | Valkonya | Zala |
| Muraszemenye | Zala | Varászló | Somogy |
| Nagyatád | Somogy | Vése | Somogy |
| Nagykanizsa | Zala | Zajk | Zala |
| Nagyrécse | Zala | Zákány | Somogy |
| Nemesdéd | Somogy | Zákányfalu | Somogy |
| Nemeskisfalud | Somogy | Zalakomár | Zala |
| Nemespátró | Zala | Zalasárszeg | Zala |
| Oltárc | Zala | Zalaszentjakab | Zala |
| Őrtilos | Somogy | | |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Somogy and Zala.

Municipality

County

Municipality

County

Becsehely

Zala

Ötvöskónyi

Somogy

Belezna

Zala

Pat

Zala

Berzence

Somogy

Petrivente

Zala

Bolhás

Somogy

Pogányszentpéter

Somogy

Borsfa

Zala

Porrog

Somogy

Böhönye

Somogy

Porrogszentpál

Somogy

Csurgó

Somogy

Rigyác

Zala

Csurgónagymarton

Somogy

Sand

Zala

Eszteregnye

Zala

Segesd

Somogy

Fityeház

Zala

Semjénháza

Zala

Galambok

Zala

Somogybükkösd

Somogy

Gyékényes

Somogy

Somogycsicsó

Somogy

Homokkomárom

Zala

Somogyszob

Somogy

Iharos

Somogy

Sormás

Zala

Iharosberény

Somogy

Surd

Zala

Inke

Somogy

Szabás

Somogy

Kaszó

Somogy

Szenta

Somogy

Kistolmács

Zala

Szenyér

Somogy

Letenye

Zala

Szepetnek

Zala

Liszó

Zala

Tapsony

Somogy

Miháld

Zala

Tarany

Somogy

Molnári

Zala

Tótszentmárton

Zala

Murakeresztúr

Zala

Tótszerdahely

Zala

Murarátka

Zala

Valkonya

Zala

Muraszemenye

Zala

Varászló

Somogy

Nagyatád

Somogy

Vése

Somogy

Nagykanizsa

Zala

Zajk

Zala

Nagyrécse

Zala

Zákány

Somogy

Nemesdéd

Somogy

Zákányfalu

Somogy

Nemeskisfalud

Somogy

Zalakomár

Zala

Nemespátró

Zala

Zalasárszeg

Zala

Oltárc

Zala

Zalaszentjakab

Zala

Őrtilos

Somogy

Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level

Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 1 088,106 km2.

Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession.

| 5. | Minimum net concession fee: HUF 363 000 000 (three hundred and sixty-three million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 363 000 000 (three hundred and sixty-three million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code SOBCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code SOBCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 26 September 2017 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 26 September 2017 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon commencement of production is envisaged (by law, within less than five years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than five years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017.

Dr Miklós SESZTÁK

Minister

---

(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

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| 13.6.2017 | EN | Official Journal of the European Union | C 187/47 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/47

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/14)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE SOMOGYVÁMOS AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Somogy and Zala.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Alsóbogát | Somogy | Nagyrécse | Zala |
| Andocs | Somogy | Nagyszakácsi | Somogy |
| Bodrog | Somogy | Nemesdéd | Somogy |
| Bonnya | Somogy | Nemeskisfalud | Somogy |
| Böhönye | Somogy | Nemesvid | Somogy |
| Csákány | Somogy | Nikla | Somogy |
| Csombárd | Somogy | Orci | Somogy |
| Csömend | Somogy | Osztopán | Somogy |
| Ecseny | Somogy | Öreglak | Somogy |
| Edde | Somogy | Pálmajor | Somogy |
| Felsőmocsolád | Somogy | Pamuk | Somogy |
| Fiad | Somogy | Pat | Zala |
| Gadány | Somogy | Polány | Somogy |
| Galambok | Zala | Pusztakovácsi | Somogy |
| Gamás | Somogy | Ráksi | Somogy |
| Gyugy | Somogy | Somodor | Somogy |
| Hács | Somogy | Somogyaszaló | Somogy |
| Hetes | Somogy | Somogybabod | Somogy |
| Hosszúvíz | Somogy | Somogyfajsz | Somogy |
| Juta | Somogy | Somogygeszti | Somogy |
| Kaposfő | Somogy | Somogyjád | Somogy |
| Kaposmérő | Somogy | Somogysárd | Somogy |
| Kaposújlak | Somogy | Somogysimonyi | Somogy |
| Kaposvár | Somogy | Somogytúr | Somogy |
| Karád | Somogy | Somogyvámos | Somogy |
| Kelevíz | Somogy | Somogyvár | Somogy |
| Kisbárapáti | Somogy | Somogyzsitfa | Somogy |
| Kisberény | Somogy | Szentgáloskér | Somogy |
| Kiskorpád | Somogy | Szenyér | Somogy |
| Lengyeltóti | Somogy | Szőkedencs | Somogy |
| Libickozma | Somogy | Tapsony | Somogy |
| Magyaratád | Somogy | Taszár | Somogy |
| Magyaregres | Somogy | Újvárfalva | Somogy |
| Marcali | Somogy | Varászló | Somogy |
| Mernye | Somogy | Várda | Somogy |
| Mesztegnyő | Somogy | Vése | Somogy |
| Mezőcsokonya | Somogy | Zalakomár | Zala |
| Miháld | Zala | Zalaszentjakab | Zala |
| Nagybajom | Somogy | Zimány | Somogy |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Somogy and Zala.

Municipality

County

Municipality

County

Alsóbogát

Somogy

Nagyrécse

Zala

Andocs

Somogy

Nagyszakácsi

Somogy

Bodrog

Somogy

Nemesdéd

Somogy

Bonnya

Somogy

Nemeskisfalud

Somogy

Böhönye

Somogy

Nemesvid

Somogy

Csákány

Somogy

Nikla

Somogy

Csombárd

Somogy

Orci

Somogy

Csömend

Somogy

Osztopán

Somogy

Ecseny

Somogy

Öreglak

Somogy

Edde

Somogy

Pálmajor

Somogy

Felsőmocsolád

Somogy

Pamuk

Somogy

Fiad

Somogy

Pat

Zala

Gadány

Somogy

Polány

Somogy

Galambok

Zala

Pusztakovácsi

Somogy

Gamás

Somogy

Ráksi

Somogy

Gyugy

Somogy

Somodor

Somogy

Hács

Somogy

Somogyaszaló

Somogy

Hetes

Somogy

Somogybabod

Somogy

Hosszúvíz

Somogy

Somogyfajsz

Somogy

Juta

Somogy

Somogygeszti

Somogy

Kaposfő

Somogy

Somogyjád

Somogy

Kaposmérő

Somogy

Somogysárd

Somogy

Kaposújlak

Somogy

Somogysimonyi

Somogy

Kaposvár

Somogy

Somogytúr

Somogy

Karád

Somogy

Somogyvámos

Somogy

Kelevíz

Somogy

Somogyvár

Somogy

Kisbárapáti

Somogy

Somogyzsitfa

Somogy

Kisberény

Somogy

Szentgáloskér

Somogy

Kiskorpád

Somogy

Szenyér

Somogy

Lengyeltóti

Somogy

Szőkedencs

Somogy

Libickozma

Somogy

Tapsony

Somogy

Magyaratád

Somogy

Taszár

Somogy

Magyaregres

Somogy

Újvárfalva

Somogy

Marcali

Somogy

Varászló

Somogy

Mernye

Somogy

Várda

Somogy

Mesztegnyő

Somogy

Vése

Somogy

Mezőcsokonya

Somogy

Zalakomár

Zala

Miháld

Zala

Zalaszentjakab

Zala

Nagybajom

Somogy

Zimány

Somogy

Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level

Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 1 279,738 km2.

Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession.

| 5. | Minimum net concession fee: HUF 351 000 000 (three hundred and fifty-one million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 351 000 000 (three hundred and fifty-one million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code SOVCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code SOVCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 26 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 26 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon commencement of production is envisaged (by law, within less than five years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than five years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017.

Dr Miklós SESZTÁK

Minister

---

(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

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| 13.6.2017 | EN | Official Journal of the European Union | C 187/52 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/52

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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 187/15)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE TAB AREA

On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.
  On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).
  The language of the tendering procedure is Hungarian. |
| --- | --- |

1.

The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister.

On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1).

The language of the tendering procedure is Hungarian.

| 2. | Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.
  For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
| --- | --- |

2.

Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing.

For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator.

| 3. | Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
| --- | --- |

3.

Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Somogy and Tolna.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Andocs | Somogy | Miklósi | Somogy |
| Attala | Tolna | Nágocs | Somogy |
| Bábonymegyer | Somogy | Nagyberény | Somogy |
| Balatonboglár | Somogy | Nagycsepely | Somogy |
| Balatonlelle | Somogy | Nagykónyi | Tolna |
| Balatonszemes | Somogy | Nak | Tolna |
| Bálványos | Somogy | Nyim | Somogy |
| Bedegkér | Somogy | Ordacsehi | Somogy |
| Bonnya | Somogy | Pári | Tolna |
| Büssü | Somogy | Patalom | Somogy |
| Dalmand | Tolna | Pusztaszemes | Somogy |
| Dombóvár | Tolna | Ráksi | Somogy |
| Döbrököz | Tolna | Ságvár | Somogy |
| Értény | Tolna | Sérsekszőlős | Somogy |
| Gadács | Somogy | Som | Somogy |
| Gölle | Somogy | Somogyacsa | Somogy |
| Gyugy | Somogy | Somogydöröcske | Somogy |
| Gyulaj | Tolna | Somogyegres | Somogy |
| Igal | Somogy | Somogymeggyes | Somogy |
| Iregszemcse | Tolna | Somogyszil | Somogy |
| Kánya | Somogy | Somogytúr | Somogy |
| Kapoly | Somogy | Szakcs | Tolna |
| Kapospula | Tolna | Szentgáloskér | Somogy |
| Kára | Somogy | Szólád | Somogy |
| Karád | Somogy | Szorosad | Somogy |
| Kazsok | Somogy | Szőlősgyörök | Somogy |
| Kereki | Somogy | Tab | Somogy |
| Kisbárapáti | Somogy | Tamási | Tolna |
| Kisgyalán | Somogy | Teleki | Somogy |
| Kocsola | Tolna | Tengőd | Somogy |
| Koppányszántó | Tolna | Torvaj | Somogy |
| Kötcse | Somogy | Törökkoppány | Somogy |
| Kurd | Tolna | Újireg | Tolna |
| Lápafő | Tolna | Várong | Tolna |
| Látrány | Somogy | Visz | Somogy |
| Lengyeltóti | Somogy | Zala | Somogy |
| Lulla | Somogy | Zics | Somogy |
| Magyaratád | Somogy | Zimány | Somogy |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Somogy and Tolna.

Municipality

County

Municipality

County

Andocs

Somogy

Miklósi

Somogy

Attala

Tolna

Nágocs

Somogy

Bábonymegyer

Somogy

Nagyberény

Somogy

Balatonboglár

Somogy

Nagycsepely

Somogy

Balatonlelle

Somogy

Nagykónyi

Tolna

Balatonszemes

Somogy

Nak

Tolna

Bálványos

Somogy

Nyim

Somogy

Bedegkér

Somogy

Ordacsehi

Somogy

Bonnya

Somogy

Pári

Tolna

Büssü

Somogy

Patalom

Somogy

Dalmand

Tolna

Pusztaszemes

Somogy

Dombóvár

Tolna

Ráksi

Somogy

Döbrököz

Tolna

Ságvár

Somogy

Értény

Tolna

Sérsekszőlős

Somogy

Gadács

Somogy

Som

Somogy

Gölle

Somogy

Somogyacsa

Somogy

Gyugy

Somogy

Somogydöröcske

Somogy

Gyulaj

Tolna

Somogyegres

Somogy

Igal

Somogy

Somogymeggyes

Somogy

Iregszemcse

Tolna

Somogyszil

Somogy

Kánya

Somogy

Somogytúr

Somogy

Kapoly

Somogy

Szakcs

Tolna

Kapospula

Tolna

Szentgáloskér

Somogy

Kára

Somogy

Szólád

Somogy

Karád

Somogy

Szorosad

Somogy

Kazsok

Somogy

Szőlősgyörök

Somogy

Kereki

Somogy

Tab

Somogy

Kisbárapáti

Somogy

Tamási

Tolna

Kisgyalán

Somogy

Teleki

Somogy

Kocsola

Tolna

Tengőd

Somogy

Koppányszántó

Tolna

Torvaj

Somogy

Kötcse

Somogy

Törökkoppány

Somogy

Kurd

Tolna

Újireg

Tolna

Lápafő

Tolna

Várong

Tolna

Látrány

Somogy

Visz

Somogy

Lengyeltóti

Somogy

Zala

Somogy

Lulla

Somogy

Zics

Somogy

Magyaratád

Somogy

Zimány

Somogy

Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level

Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession.

The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 1 200 km2.

Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession.

| 5. | Minimum net concession fee: HUF 288 000 000 (two hundred and eighty-eight million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 288 000 000 (two hundred and eighty-eight million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

| 7. | In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
| --- | --- |

7.

In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document.

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply.

| 9. | The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
| --- | --- |

9.

The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document.

| 10. | The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.
  When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

10.

The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document.

When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code TABCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code TABCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline.

Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document.

| 13. | Bids must be submitted in person on 26 September 2017 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 26 September 2017 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 14. | From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
| --- | --- |

14.

From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid.

| 15. | The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
| --- | --- |

15.

The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work.

| 16. | The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site.

| 17. | Each bidder may submit only a single bid. |
| --- | --- |

17.

Each bidder may submit only a single bid.

| 18. | Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
| --- | --- |

18.

Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted.

| 19. | The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
| --- | --- |

19.

The Contracting Authority will ensure a level playing field and will not apply any preferential criteria.

| 20. | Tender adjudication criteria:






  I) | Assessment criteria relating to the content of the Programme of Research Work subject to concession:






  — | professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon); |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

—

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

| — | the planned duration of the research; |
| --- | --- |

—

the planned duration of the research;

| — | the financial commitment undertaken when implementing the Programme of Research Work; |
| --- | --- |

—

the financial commitment undertaken when implementing the Programme of Research Work;

| — | how up-to-date the envisaged technical solutions are; |
| --- | --- |

—

how up-to-date the envisaged technical solutions are;

| — | the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession; |
| --- | --- |

—

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

| — | how soon commencement of production is envisaged (by law, within less than five years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than five years).

| II) | Assessment criteria relating to the bidder’s ability to perform the concession contract:






  — | the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources; |
| --- | --- | --- |

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

—

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

| — | the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

| III) | Assessment criteria relating to payment obligations undertaken in the concession contract:






  — | the net concession fee offered in comparison to the minimum concession fee set by the Minister; |
| --- | --- | --- |

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

—

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document.

| 21. | The concession contract
  The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.
  The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.
  When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.
  The draft concession contract is annexed to the Tender Document. |
| --- | --- |

21.

The concession contract

The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days.

The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract.

When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually.

The draft concession contract is annexed to the Tender Document.

| 22. | Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, February 2017

Dr Miklós SESZTÁK

Minister

---

(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 13.6.2017 | EN | Official Journal of the European Union | C 187/57 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/57

---

United Kingdom Government notice concerning European Parliament and Council Directive 94/22/EC on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(Text with EEA relevance)

(2017/C 187/16)

Announcement of United Kingdom 30th Offshore Oil and Gas Licensing Round

Oil and Gas Authority

The Petroleum Act 1998

Offshore Licensing Round

| 1. | The Oil and Gas Authority (the OGA) invites interested persons to apply for Seaward Production Licences in respect of certain acreage on the United Kingdom Continental Shelf. |
| --- | --- |

1.

The Oil and Gas Authority (the OGA) invites interested persons to apply for Seaward Production Licences in respect of certain acreage on the United Kingdom Continental Shelf.

| 2. | Full details of the offer, including lists and maps of the acreage on offer and guidance about licences, the terms which those licences will include, and how to apply, are available on the OGA website (see below). |
| --- | --- |

2.

Full details of the offer, including lists and maps of the acreage on offer and guidance about licences, the terms which those licences will include, and how to apply, are available on the OGA website (see below).

| 3. | All applications will be determined where applicable in accordance with the terms of the Hydrocarbons Licensing Directive Regulations 1995 (SI 1995 No 1434), the Petroleum Licensing (Applications) Regulations 2015 (SI 2015 No 766) and the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 (SI 2015 No 385). The Secretary of State’s functions in this regard were transferred to the Oil and Gas Authority on 1 October 2016 by virtue of The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (http://www.legislation.gov.uk/uksi/2016/912/pdfs/uksi_20160912_en.pdf), which provided that anything done (or having effect as if done) by or in relation to the Secretary of State in connection with such transferred functions now has effect, so far as is necessary for continuing its effect after the 1 October 2016, as if done by or in relation to the Oil and Gas Authority. Determinations will be made against a background of the continuing need for expeditious, thorough, efficient and safe exploration to identify the United Kingdom’s oil and gas resources with due regard to environmental considerations. |
| --- | --- |

3.

All applications will be determined where applicable in accordance with the terms of the Hydrocarbons Licensing Directive Regulations 1995 (SI 1995 No 1434), the Petroleum Licensing (Applications) Regulations 2015 (SI 2015 No 766) and the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 (SI 2015 No 385). The Secretary of State’s functions in this regard were transferred to the Oil and Gas Authority on 1 October 2016 by virtue of The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (http://www.legislation.gov.uk/uksi/2016/912/pdfs/uksi_20160912_en.pdf), which provided that anything done (or having effect as if done) by or in relation to the Secretary of State in connection with such transferred functions now has effect, so far as is necessary for continuing its effect after the 1 October 2016, as if done by or in relation to the Oil and Gas Authority. Determinations will be made against a background of the continuing need for expeditious, thorough, efficient and safe exploration to identify the United Kingdom’s oil and gas resources with due regard to environmental considerations.

‘Innovate’ Framework

| 4. | Licence applications will be considered in light of an innovative approach being taken for Initial Term Work Programmes (‘Work Programmes’) for licences. These Work Programmes will incorporate a flexible combination of up to three Phases (A, B and C) in the Initial Term. This will help to ensure Work Programmes for the block(s) that are being applied for are appropriate to the geotechnical and other challenges that must be addressed in an area, whilst optimising the factors listed in Paragraph 3. The flexibility afforded by the combination of up to three phases also enables applicants to design a Work Programme which is appropriate for their own particular plans and requirements. |
| --- | --- |

4.

Licence applications will be considered in light of an innovative approach being taken for Initial Term Work Programmes (‘Work Programmes’) for licences. These Work Programmes will incorporate a flexible combination of up to three Phases (A, B and C) in the Initial Term. This will help to ensure Work Programmes for the block(s) that are being applied for are appropriate to the geotechnical and other challenges that must be addressed in an area, whilst optimising the factors listed in Paragraph 3. The flexibility afforded by the combination of up to three phases also enables applicants to design a Work Programme which is appropriate for their own particular plans and requirements.

| 5. | Phase A of the Work Programme comprises a period in which Geotechnical Studies and Geophysical Data Reprocessing will be undertaken; Phase B of the Work Programme will be a period in which New Seismic data will be Shot; Phase C of the Work Programme will be for exploratory and/or appraisal drilling. Applicants may decide the Phase combination, whether all three Phases, straight to Phase B followed by Phase C, straight to Phase C, or Phase A direct to Phase C. |
| --- | --- |

5.

Phase A of the Work Programme comprises a period in which Geotechnical Studies and Geophysical Data Reprocessing will be undertaken; Phase B of the Work Programme will be a period in which New Seismic data will be Shot; Phase C of the Work Programme will be for exploratory and/or appraisal drilling. Applicants may decide the Phase combination, whether all three Phases, straight to Phase B followed by Phase C, straight to Phase C, or Phase A direct to Phase C.

| 6. | Phase A and Phase B are not mandatory and may not be appropriate in particular circumstances, but every application must propose a Phase C, except where the applicant doesn’t think any exploration is needed and proposes to go straight to development (i.e. ‘straight to Second Term’). Where that is the case, Applications should be made in accordance with the guidance available on the OGA website. |
| --- | --- |

6.

Phase A and Phase B are not mandatory and may not be appropriate in particular circumstances, but every application must propose a Phase C, except where the applicant doesn’t think any exploration is needed and proposes to go straight to development (i.e. ‘straight to Second Term’). Where that is the case, Applications should be made in accordance with the guidance available on the OGA website.

| 7. | Licences awarded in this round over mature areas will be expected to have an Initial Term of up to 6 years duration. Licences in other areas will have a longer duration Initial Term, up to a maximum of 9 years, but such requests will require justification and would be the subject of discussion at the time of Application. |
| --- | --- |

7.

Licences awarded in this round over mature areas will be expected to have an Initial Term of up to 6 years duration. Licences in other areas will have a longer duration Initial Term, up to a maximum of 9 years, but such requests will require justification and would be the subject of discussion at the time of Application.

| 8. | Applications where the starting Phase is Phase A or B will be judged on the basis of the following criteria:






  (a) | The financial viability of the applicant; |
| --- | --- | --- |

8.

Applications where the starting Phase is Phase A or B will be judged on the basis of the following criteria:

(a)

The financial viability of the applicant;

| (b) | The technical capability of the applicant which will be assessed in part as demonstrated by the quality of analysis related to the block; |
| --- | --- |

(b)

The technical capability of the applicant which will be assessed in part as demonstrated by the quality of analysis related to the block;

| (c) | The way in which the applicant proposes to carry out the activities that would be permitted under the licence, including the quality of the Work Programme submitted for evaluating the full potential of the area applied for; |
| --- | --- |

(c)

The way in which the applicant proposes to carry out the activities that would be permitted under the licence, including the quality of the Work Programme submitted for evaluating the full potential of the area applied for;

| (d) | Under the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015, all prospective offshore licensees, i.e. including all partners within an applicant group, must provide information relating to their safety and environmental capability in support of the licence application. Further guidance in relation to all the safety and environmental requirements can be found at http://www.hse.gov.uk/osdr/assets/docs/appendix-c.pdf; and |
| --- | --- |

(d)

Under the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015, all prospective offshore licensees, i.e. including all partners within an applicant group, must provide information relating to their safety and environmental capability in support of the licence application. Further guidance in relation to all the safety and environmental requirements can be found at http://www.hse.gov.uk/osdr/assets/docs/appendix-c.pdf; and

| (e) | Where the applicant holds or has held a licence granted under or treated as having been granted under the Petroleum Act 1998, any lack of efficiency and responsibility displayed by the applicant in operations under that licence. |
| --- | --- |

(e)

Where the applicant holds or has held a licence granted under or treated as having been granted under the Petroleum Act 1998, any lack of efficiency and responsibility displayed by the applicant in operations under that licence.

| 9. | Licences with a Phase B will specify a time period so the licence will expire at the end of this phase if the Licensee has not satisfied the OGA of its technical and financial capability to complete the Work Programme. For licences with a Phase A but no Phase B, the licence will also specify a period so the licence will expire at the end of this phase if the Licensee has not satisfied the OGA of its technical and financial capability to complete the Work Programme. |
| --- | --- |

9.

Licences with a Phase B will specify a time period so the licence will expire at the end of this phase if the Licensee has not satisfied the OGA of its technical and financial capability to complete the Work Programme. For licences with a Phase A but no Phase B, the licence will also specify a period so the licence will expire at the end of this phase if the Licensee has not satisfied the OGA of its technical and financial capability to complete the Work Programme.

| 10. | Applications where the starting Phase is Phase C will be judged on the basis of the following criteria:






  (a) | The financial viability of the applicant and its financial capacity to carry out the activities that would be permitted under the licence during the Initial Term including the Work Programme submitted for evaluating the full potential of the area within the block; |
| --- | --- | --- |

10.

Applications where the starting Phase is Phase C will be judged on the basis of the following criteria:

(a)

The financial viability of the applicant and its financial capacity to carry out the activities that would be permitted under the licence during the Initial Term including the Work Programme submitted for evaluating the full potential of the area within the block;

| (b) | The technical capability of the proposed operator to supervise operations and in particular drilling operations |
| --- | --- |

(b)

The technical capability of the proposed operator to supervise operations and in particular drilling operations

| (c) | The way in which the applicant proposes to carry out the activities that would be permitted under the licence, including the quality of the Work Programme submitted for evaluating the full potential of the area applied for; |
| --- | --- |

(c)

The way in which the applicant proposes to carry out the activities that would be permitted under the licence, including the quality of the Work Programme submitted for evaluating the full potential of the area applied for;

| (d) | Under the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015, all prospective offshore licensees, i.e. including all partners within an applicant group, must provide information relating to their safety and environmental capability in support of the licence application. Further guidance in relation to all the safety and environmental requirements can be found at http://www.hse.gov.uk/osdr/assets/docs/appendix-c.pdf; and |
| --- | --- |

(d)

Under the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015, all prospective offshore licensees, i.e. including all partners within an applicant group, must provide information relating to their safety and environmental capability in support of the licence application. Further guidance in relation to all the safety and environmental requirements can be found at http://www.hse.gov.uk/osdr/assets/docs/appendix-c.pdf; and

| (e) | Where the applicant holds or has held a licence granted under or treated as having been granted under the Petroleum Act 1998, any lack of efficiency and responsibility displayed by the applicant in operations under that licence. |
| --- | --- |

(e)

Where the applicant holds or has held a licence granted under or treated as having been granted under the Petroleum Act 1998, any lack of efficiency and responsibility displayed by the applicant in operations under that licence.

Guidance

| 11. | Further guidance can be viewed on the OGA website: https://www.ogauthority.co.uk/licensing-consents/licensing-rounds/ |
| --- | --- |

11.

Further guidance can be viewed on the OGA website: https://www.ogauthority.co.uk/licensing-consents/licensing-rounds/

Licence Offers

| 12. | Unless an Appropriate Assessment in relation to a particular Block is required (see Para. 15 below), any offer by the Oil and Gas Authority of a licence pursuant to this invitation, will be made within eighteen months of the date of this Notice. |
| --- | --- |

12.

Unless an Appropriate Assessment in relation to a particular Block is required (see Para. 15 below), any offer by the Oil and Gas Authority of a licence pursuant to this invitation, will be made within eighteen months of the date of this Notice.

| 13. | The Oil and Gas Authority accepts no liability for any costs incurred by the applicant in considering or making its application. |
| --- | --- |

13.

The Oil and Gas Authority accepts no liability for any costs incurred by the applicant in considering or making its application.

Environmental Assessments

| 14. | The Secretary of State has conducted a Strategic Environmental Assessment (SEA) pursuant to Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment of all of the areas to be offered in this Round. The findings of that SEA can be found at the gov.uk offshore energy SEA website:
  https://www.gov.uk/offshore-energy-strategic-environmental-assessment-sea-an-overview-of-the-sea-process |
| --- | --- |

14.

The Secretary of State has conducted a Strategic Environmental Assessment (SEA) pursuant to Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment of all of the areas to be offered in this Round. The findings of that SEA can be found at the gov.uk offshore energy SEA website:

https://www.gov.uk/offshore-energy-strategic-environmental-assessment-sea-an-overview-of-the-sea-process

| 15. | Licences pursuant to this invitation will only be offered if, in accordance with the Habitats Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora):






  (a) | the activities to be carried out under the licence are not likely to have a significant effect on the management of a Special Area of Conservation(SAC) or Special Protection Area (SPA), or if |
| --- | --- | --- |

15.

Licences pursuant to this invitation will only be offered if, in accordance with the Habitats Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora):

(a)

the activities to be carried out under the licence are not likely to have a significant effect on the management of a Special Area of Conservation(SAC) or Special Protection Area (SPA), or if

| (b) | an Appropriate Assessment has ascertained that the activities will have no adverse effects on the integrity of such SACs or SPAs; or |
| --- | --- |

(b)

an Appropriate Assessment has ascertained that the activities will have no adverse effects on the integrity of such SACs or SPAs; or

| (c) | in a case where the activities are assessed as likely to cause such adverse effects, subject to






  (i) | there being imperative reasons of overriding public interest for awarding the licence, |
| --- | --- | --- |

(c)

in a case where the activities are assessed as likely to cause such adverse effects, subject to

(i)

there being imperative reasons of overriding public interest for awarding the licence,

| (ii) | the taking of appropriate compensatory measures, and |
| --- | --- |

(ii)

the taking of appropriate compensatory measures, and

| (iii) | there being no alternative solutions. |
| --- | --- |

(iii)

there being no alternative solutions.

| 16. | Contact: Ricki Kiff, Oil and Gas Authority, 21 Bloomsbury Street, London WC1B 3HF, United Kingdom.
  (Tel. +44 3000671637).
  The Oil and Gas Authority website: https://www.ogauthority.co.uk/licensing-consents/licensing-rounds/ |
| --- | --- |

16.

Contact: Ricki Kiff, Oil and Gas Authority, 21 Bloomsbury Street, London WC1B 3HF, United Kingdom.

(Tel. +44 3000671637).

The Oil and Gas Authority website: https://www.ogauthority.co.uk/licensing-consents/licensing-rounds/

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 13.6.2017 | EN | Official Journal of the European Union | C 187/60 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/60

---

Notice of the impending expiry of certain anti-dumping measures

(2017/C 187/17)

1.   As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

4.   This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry (3) |
| --- | --- | --- | --- | --- |
| Organic coated steel products | The People’s Republic of China | Anti-dumping duty | Council Implementing Regulation (EU) No 214/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain organic coated steel products originating in the People’s Republic of China (OJ L 73, 15.3.2013, p. 1). | 16.3.2018 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry (3)

Organic coated steel products

The People’s Republic of China

Anti-dumping duty

Council Implementing Regulation (EU) No 214/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain organic coated steel products originating in the People’s Republic of China (OJ L 73, 15.3.2013, p. 1).

16.3.2018

---

(1)  OJ L 176, 30.6.2016, p. 21.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight of the day mentioned in this column.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 13.6.2017 | EN | Official Journal of the European Union | C 187/61 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/61

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Prior notification of a concentration

(Case M.8485 — Hitachi Group/Honda/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 187/18)

| 1. | On 2 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hitachi Automotive Systems Ltd (‘HIAMS’, Japan) and Honda Motor Co., Ltd (‘Honda’, Japan) acquire within the meaning of article 3(4) of the Merger Regulation joint control of the Joint Venture by way of a purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 2 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hitachi Automotive Systems Ltd (‘HIAMS’, Japan) and Honda Motor Co., Ltd (‘Honda’, Japan) acquire within the meaning of article 3(4) of the Merger Regulation joint control of the Joint Venture by way of a purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:






  — | HIAMS is active in the production and supply of automotive products and technologies; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

HIAMS is active in the production and supply of automotive products and technologies;

| — | Honda is active in the production and distribution of automobiles, motorcycles and power products; |
| --- | --- |

—

Honda is active in the production and distribution of automobiles, motorcycles and power products;

| — | The Joint Venture will be active in the production and supply of electric motors in Japan, China and the United States of America. |
| --- | --- |

—

The Joint Venture will be active in the production and supply of electric motors in Japan, China and the United States of America.

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 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.8485 — Hitachi Group/Honda/JV, 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.8485 — Hitachi Group/Honda/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 366, 14.12.2013, p. 5.

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| 13.6.2017 | EN | Official Journal of the European Union | C 187/62 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/62

---

Prior notification of a concentration

(Case M.8222 — Knorr-Bremse/Haldex)

(Text with EEA relevance)

(2017/C 187/19)

| 1. | On 1 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Knorr-Bremse AG (‘Knorr-Bremse’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Haldex Aktiebolag (publ) (‘Haldex’, Sweden) by way of purchase of shares. |
| --- | --- |

1.

On 1 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Knorr-Bremse AG (‘Knorr-Bremse’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Haldex Aktiebolag (publ) (‘Haldex’, Sweden) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are described below:






  — | Knorr-Bremse develops, manufactures and distributes equipment and systems for rail vehicles and commercial vehicles. Knorr-Bremse’s portfolio for commercial vehicles includes, inter alia, foundation brake products such as air-disc-brakes and actuators, electronic brake systems, anti-lock braking systems, valves, driver assistance, and air treatment systems, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are described below:

—

Knorr-Bremse develops, manufactures and distributes equipment and systems for rail vehicles and commercial vehicles. Knorr-Bremse’s portfolio for commercial vehicles includes, inter alia, foundation brake products such as air-disc-brakes and actuators, electronic brake systems, anti-lock braking systems, valves, driver assistance, and air treatment systems,

| — | Haldex develops, manufactures and distributes brake components and air suspension control systems for commercial vehicles and trailers. Its business activities comprise foundation brake products, including, inter alia, slack adjusters, air-disc-brakes and actuators, electronic brake systems, anti-lock brake systems, valves and air treatment components. |
| --- | --- |

—

Haldex develops, manufactures and distributes brake components and air suspension control systems for commercial vehicles and trailers. Its business activities comprise foundation brake products, including, inter alia, slack adjusters, air-disc-brakes and actuators, electronic brake systems, anti-lock brake systems, valves and air treatment components.

| 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.8222 — Knorr-Bremse/Haldex, 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.8222 — Knorr-Bremse/Haldex, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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| 13.6.2017 | EN | Official Journal of the European Union | C 187/63 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/63

---

Prior notification of a concentration

(Case M.8482 — ABB/B&R)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 187/20)

| 1. | On 6 June 2017 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking ABB Ltd which is the ultimate parent company of the ABB group of companies (Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Bernecker + Rainer Industrie-Elektronik Gesellschaft m.b.H. (Austria) by way of a purchase of shares. |
| --- | --- |

1.

On 6 June 2017 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking ABB Ltd which is the ultimate parent company of the ABB group of companies (Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Bernecker + Rainer Industrie-Elektronik Gesellschaft m.b.H. (Austria) by way of a purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for ABB Ltd: the business is comprised of four divisions: electrification products, robotics and motion, industrial automation and power grids, serving customers in utilities, industry and transport & infrastructure globally,
  —   for Bernecker + Rainer Industrie-Elektronik Gesellschaft m.b.H.: provider of solutions for machine and factory automation, with a particular focus on motion-control products. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for ABB Ltd: the business is comprised of four divisions: electrification products, robotics and motion, industrial automation and power grids, serving customers in utilities, industry and transport & infrastructure globally,

—   for Bernecker + Rainer Industrie-Elektronik Gesellschaft m.b.H.: provider of solutions for machine and factory automation, with a particular focus on motion-control products.

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 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.8482 — ABB/B&R 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.8482 — ABB/B&R to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 366, 14.12.2013, p. 5.

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OTHER ACTS

European Commission

| 13.6.2017 | EN | Official Journal of the European Union | C 187/64 |
| --- | --- | --- | --- |

13.6.2017

EN

Official Journal of the European Union

C 187/64

---

Notice for the attention of the natural persons CHON Chi Bu (alias CHON Chi-bu), CHU Kyu-Chang, (alias JU Kyu-Chang; JU Kyu Chang), HYON Chol-hae (alias HYON Chol Hae), KIM Yong-chun (alias Young-chun; KIM Yong Chun), O Kuk-Ryol (alias O Kuk Ryol), PAEK Se-bong (alias PAEK Se Bong), PAK Jae-gyong (alias Chae-Kyong; PAK Jae Gyong), RYOM Yong, SO Sang-kuk (alias SO Sang Kuk), Lieutenant General KIM Yong Chol (alias: KIM Yong-Chol; KIM Young-Chol; KIM Young-Cheol; KIM Young-Chul), PAK To-Chun (alias PAK To Chun), CHOE Kyong-song (alias CHOE Kyong song), CHOE Yong-ho (alias CHOE Yong Ho), HONG Sung-Mu (alias HUNG Sun Mu; HONG Sung Mu), JO Kyongchol (alias JO Kyong Chol), KIM Chun-sam (alias KIM Chun Sam), KIM Chun-sop (alias KIM Chun Sop), KIM Jong-gak (alias KIM Jong Gak), KIM Rak Kyom, (alias KIM Rak-gyom; KIM Rak Gyom), KIM Won-hong (alias KIM Won Hong), PAK Jong-chon (alias PAK Jong Chon), RI Jong-su (alias RI Jong Su), SON Chol-ju (alais Son Chol Ju), YUN Jong-rin (alias YUN Jong Rin), PAK Yong-sik (alias PAK Yong Sik), HONG Yong Chil, RI Hak Chol (aliases RI Hak Chul, RI Hak Cheol), YUN Chang Hyok, RI Myong Su, SO Hong Chan, WANG Chang Uk, JANG Chol, JON Il-chun (alias JON Il Chun), KIM Tong-un (alias KIM Tong Un), KIM Il-Su (alias Kim Il Su), KANG Song-Sam (alias KANG Song Sam), CHOE Chun-Sik (alias CHOE Chun Sik), SIN Kyu-Nam (alias SIN Kyu Nam), PAK Chun-San (alias PAK Chun San) and SO Tong Myong and the entities Korea Pugang mining and Machinery Corporation ltd, Korean Ryengwang Trading Corporation, Sobaeku United Corp. (alias Sobaeksu United Corp.), Yongbyon Nuclear Research Centre, Strategic Rocket Forces and Korea National Insurance Corporation (KNIC) and its branch offices (a.k.a. Korea Foreign Insurance Company) whose entry has been amended in the list referred to in Article 6(2) of Council Regulation (EC) No 329/2007 imposing certain specific restrictive measures directed against persons or entities responsible for the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, persons or entities acting on their behalf or at their direction, and entities owned or controlled by them, by virtue of Commission Implementing Regulation (EU) 2017/993

(2017/C 187/21)

| 1. | Council Decision (CFSP) 2016/849 (1) calls upon the Union to freeze the funds and economic resources of persons and entities, as referred to in the list drawn up in Annex II of Decision (CFSP) 2016/849. The Decision also calls upon the Member States to take the necessary measures to prevent the entry into, or transit through their territories of those same persons.
  The list drawn up by the Council of the EU comprises persons or entities responsible for the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, persons or entities acting on their behalf or at their direction, and entities owned or controlled by them, as well as persons or entities providing financial services or the transfer to, through or from the territory of the Union, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in the territory of the Union, of any financial or other assets or resources that could contribute to DPRK’s nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes, or persons, entities or bodies acting on their behalf or at their direction, or persons, entities or bodies owned or controlled by them. |
| --- | --- |

1.

Council Decision (CFSP) 2016/849 (1) calls upon the Union to freeze the funds and economic resources of persons and entities, as referred to in the list drawn up in Annex II of Decision (CFSP) 2016/849. The Decision also calls upon the Member States to take the necessary measures to prevent the entry into, or transit through their territories of those same persons.

The list drawn up by the Council of the EU comprises persons or entities responsible for the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, persons or entities acting on their behalf or at their direction, and entities owned or controlled by them, as well as persons or entities providing financial services or the transfer to, through or from the territory of the Union, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in the territory of the Union, of any financial or other assets or resources that could contribute to DPRK’s nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes, or persons, entities or bodies acting on their behalf or at their direction, or persons, entities or bodies owned or controlled by them.

| 2. | On 12 June 2017, the Council decided to remove one person and one entity of the list and to amend the listing of the natural persons CHON Chi Bu (alias CHON Chi-bu), CHU Kyu-Chang, (alias JU Kyu-Chang; JU Kyu Chang), HYON Chol-hae (alias HYON Chol Hae), KIM Yong-chun (alias Young-chun; KIM Yong Chun), O Kuk-Ryol (alias O Kuk Ryol), PAEK Se-bong (alias PAEK Se Bong), PAK Jae-gyong (alias Chae-Kyong; PAK Jae Gyong), RYOM Yong, SO Sang-kuk (alias SO Sang Kuk), Lieutenant General KIM Yong Chol (alias: KIM Yong-Chol; KIM Young-Chol; KIM Young-Cheol; KIM Young-Chul), PAK To-Chun (alias PAK To Chun), CHOE Kyong-song (alias CHOE Kyong song), CHOE Yong-ho (alias CHOE Yong Ho), HONG Sung-Mu (alias HUNG Sun Mu; HONG Sung Mu), JO Kyongchol (alias JO Kyong Chol), KIM Chun-sam (alias KIM Chun Sam), KIM Chun-sop (alias KIM Chun Sop), KIM Jong-gak (alias KIM Jong Gak), KIM Rak Kyom, (alias KIM Rak-gyom; KIM Rak Gyom), KIM Won-hong (alias KIM Won Hong), PAK Jong-chon (alias PAK Jong Chon), RI Jong-su (alias RI Jong Su), SON Chol-ju (alais Son Chol Ju), YUN Jong-rin (alias YUN Jong Rin), PAK Yong-sik (alias PAK Yong Sik), HONG Yong Chil, RI Hak Chol (aliases RI Hak Chul, RI Hak Cheol), YUN Chang Hyok, RI Myong Su, SO Hong Chan, WANG Chang Uk, JANG Chol, JON Il-chun (alias JON Il Chun), KIM Tong-un (alias KIM Tong Un), KIM Il-Su (alias Kim Il Su), KANG Song-Sam (alias KANG Song Sam), CHOE Chun-Sik (alias CHOE Chun Sik), SIN Kyu-Nam (alias SIN Kyu Nam), PAK Chun-San (alias PAK Chun San) and SO Tong Myong and the entities Korea Pugang mining and Machinery Corporation ltd, Korean Ryengwang Trading Corporation, Sobaeku United Corp. (alias Sobaeksu United Corp.), Yongbyon Nuclear Research Centre, Strategic Rocket Forces and Korea National Insurance Corporation (KNIC) and its branch offices (a.k.a. Korea Foreign Insurance Company). |
| --- | --- |

2.

On 12 June 2017, the Council decided to remove one person and one entity of the list and to amend the listing of the natural persons CHON Chi Bu (alias CHON Chi-bu), CHU Kyu-Chang, (alias JU Kyu-Chang; JU Kyu Chang), HYON Chol-hae (alias HYON Chol Hae), KIM Yong-chun (alias Young-chun; KIM Yong Chun), O Kuk-Ryol (alias O Kuk Ryol), PAEK Se-bong (alias PAEK Se Bong), PAK Jae-gyong (alias Chae-Kyong; PAK Jae Gyong), RYOM Yong, SO Sang-kuk (alias SO Sang Kuk), Lieutenant General KIM Yong Chol (alias: KIM Yong-Chol; KIM Young-Chol; KIM Young-Cheol; KIM Young-Chul), PAK To-Chun (alias PAK To Chun), CHOE Kyong-song (alias CHOE Kyong song), CHOE Yong-ho (alias CHOE Yong Ho), HONG Sung-Mu (alias HUNG Sun Mu; HONG Sung Mu), JO Kyongchol (alias JO Kyong Chol), KIM Chun-sam (alias KIM Chun Sam), KIM Chun-sop (alias KIM Chun Sop), KIM Jong-gak (alias KIM Jong Gak), KIM Rak Kyom, (alias KIM Rak-gyom; KIM Rak Gyom), KIM Won-hong (alias KIM Won Hong), PAK Jong-chon (alias PAK Jong Chon), RI Jong-su (alias RI Jong Su), SON Chol-ju (alais Son Chol Ju), YUN Jong-rin (alias YUN Jong Rin), PAK Yong-sik (alias PAK Yong Sik), HONG Yong Chil, RI Hak Chol (aliases RI Hak Chul, RI Hak Cheol), YUN Chang Hyok, RI Myong Su, SO Hong Chan, WANG Chang Uk, JANG Chol, JON Il-chun (alias JON Il Chun), KIM Tong-un (alias KIM Tong Un), KIM Il-Su (alias Kim Il Su), KANG Song-Sam (alias KANG Song Sam), CHOE Chun-Sik (alias CHOE Chun Sik), SIN Kyu-Nam (alias SIN Kyu Nam), PAK Chun-San (alias PAK Chun San) and SO Tong Myong and the entities Korea Pugang mining and Machinery Corporation ltd, Korean Ryengwang Trading Corporation, Sobaeku United Corp. (alias Sobaeksu United Corp.), Yongbyon Nuclear Research Centre, Strategic Rocket Forces and Korea National Insurance Corporation (KNIC) and its branch offices (a.k.a. Korea Foreign Insurance Company).

| 3. | In order to implement the new listings, the Commission has adopted Commission Implementing Regulation (EU) 2017/993 (2) amending Annex V of Council Regulation (EC) No 329/2007 (3) accordingly.
  The concerned individuals and entities may submit observations on the decision to list them, together with supporting documentation, to the European Commission on the following address:





  European Commission |
| --- | --- |
| “Restrictive measures” |
| Rue de la Loi/Wetstraat 200 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

3.

In order to implement the new listings, the Commission has adopted Commission Implementing Regulation (EU) 2017/993 (2) amending Annex V of Council Regulation (EC) No 329/2007 (3) accordingly.

The concerned individuals and entities may submit observations on the decision to list them, together with supporting documentation, to the European Commission on the following address:

European Commission

“Restrictive measures”

Rue de la Loi/Wetstraat 200

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

| 4. | The attention of the individuals concerned is also drawn to the possibility of challenging the Implementing Regulation (EU) 2017/993 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union. |
| --- | --- |

4.

The attention of the individuals concerned is also drawn to the possibility of challenging the Implementing Regulation (EU) 2017/993 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union.

| 5. | Finally, the attention of the listed entities and individuals is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 329/2007, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 7 of that Regulation. |
| --- | --- |

5.

Finally, the attention of the listed entities and individuals is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 329/2007, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 7 of that Regulation.

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(1)  OJ L 141, 28.5.2016, p. 79.

(2)  OJ L 149, 13.6.2017, p. 67.

(3)  OJ L 88, 29.3.2007, p. 1.

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