# Official Journal C 119/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 119 |
| | |
| English edition | Information and Notices | Volume 5814 April 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 119

English edition

Information and Notices

Volume 5814 April 2015

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 119/01 | Initiation of proceedings (Case M.7419 — TeliaSonera/Telenor/JV) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 119/01

Initiation of proceedings (Case M.7419 — TeliaSonera/Telenor/JV) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 119/02 | Euro exchange rates | 2 |
| | NOTICES FROM MEMBER STATES |
| 2015/C 119/03 | Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Changes to public service obligations in respect of scheduled air services (
  1
  ) | 3 |
| 2015/C 119/04 | Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  ) | 4 |
| 2015/C 119/05 | 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 | 5 |
| 2015/C 119/06 | 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 | 9 |
| 2015/C 119/07 | 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 | 13 |
| 2015/C 119/08 | 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 | 16 |
| 2015/C 119/09 | 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 | 20 |
| 2015/C 119/10 | 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 | 24 |
| 2015/C 119/11 | 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 | 28 |
| 2015/C 119/12 | 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 | 32 |
| 2015/C 119/13 | 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 | 36 |
| 2015/C 119/14 | 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 | 40 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 119/02

Euro exchange rates

2

NOTICES FROM MEMBER STATES

2015/C 119/03

Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Changes to public service obligations in respect of scheduled air services (
  1
  )

1

3

2015/C 119/04

Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  )

1

4

2015/C 119/05

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

5

2015/C 119/06

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

9

2015/C 119/07

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

13

2015/C 119/08

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

16

2015/C 119/09

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

20

2015/C 119/10

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

24

2015/C 119/11

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

28

2015/C 119/12

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

32

2015/C 119/13

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

36

2015/C 119/14

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

40

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 119/15 | Prior notification of a concentration (Case M.7549 — CGG/Wood Mackenzie/JV) — Candidate case for simplified procedure (
  1
  ) | 44 |
| 2015/C 119/16 | Prior notification of a concentration (Case M.7570 — CaixaBank/BPI) — Candidate case for simplified procedure (
  1
  ) | 45 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 119/15

Prior notification of a concentration (Case M.7549 — CGG/Wood Mackenzie/JV) — Candidate case for simplified procedure (
  1
  )

1

44

2015/C 119/16

Prior notification of a concentration (Case M.7570 — CaixaBank/BPI) — Candidate case for simplified procedure (
  1
  )

1

45

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 14.4.2015 | EN | Official Journal of the European Union | C 119/1 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/1

---

Initiation of proceedings

(Case M.7419 — TeliaSonera/Telenor/JV)

(Text with EEA relevance)

(2015/C 119/01)

On 8 April 2015, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

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

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301) or by post, under reference number M.7419 — TeliaSonera/Telenor/JV, to the following address:

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

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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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 14.4.2015 | EN | Official Journal of the European Union | C 119/2 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/2

---

Euro exchange rates (1)

13 April 2015

(2015/C 119/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0552 |
| JPY | Japanese yen | 127,20 |
| DKK | Danish krone | 7,4715 |
| GBP | Pound sterling | 0,72150 |
| SEK | Swedish krona | 9,3309 |
| CHF | Swiss franc | 1,0373 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,5480 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,392 |
| HUF | Hungarian forint | 296,85 |
| PLN | Polish zloty | 4,0136 |
| RON | Romanian leu | 4,4156 |
| TRY | Turkish lira | 2,7985 |
| AUD | Australian dollar | 1,3925 |
| CAD | Canadian dollar | 1,3324 |
| HKD | Hong Kong dollar | 8,1779 |
| NZD | New Zealand dollar | 1,4187 |
| SGD | Singapore dollar | 1,4491 |
| KRW | South Korean won | 1 163,30 |
| ZAR | South African rand | 12,8258 |
| CNY | Chinese yuan renminbi | 6,5552 |
| HRK | Croatian kuna | 7,5680 |
| IDR | Indonesian rupiah | 13 723,03 |
| MYR | Malaysian ringgit | 3,9172 |
| PHP | Philippine peso | 47,200 |
| RUB | Russian rouble | 55,2605 |
| THB | Thai baht | 34,376 |
| BRL | Brazilian real | 3,2694 |
| MXN | Mexican peso | 16,1398 |
| INR | Indian rupee | 65,8671 |

Currency

Exchange rate

USD

US dollar

1,0552

JPY

Japanese yen

127,20

DKK

Danish krone

7,4715

GBP

Pound sterling

0,72150

SEK

Swedish krona

9,3309

CHF

Swiss franc

1,0373

ISK

Iceland króna

NOK

Norwegian krone

8,5480

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,392

HUF

Hungarian forint

296,85

PLN

Polish zloty

4,0136

RON

Romanian leu

4,4156

TRY

Turkish lira

2,7985

AUD

Australian dollar

1,3925

CAD

Canadian dollar

1,3324

HKD

Hong Kong dollar

8,1779

NZD

New Zealand dollar

1,4187

SGD

Singapore dollar

1,4491

KRW

South Korean won

1 163,30

ZAR

South African rand

12,8258

CNY

Chinese yuan renminbi

6,5552

HRK

Croatian kuna

7,5680

IDR

Indonesian rupiah

13 723,03

MYR

Malaysian ringgit

3,9172

PHP

Philippine peso

47,200

RUB

Russian rouble

55,2605

THB

Thai baht

34,376

BRL

Brazilian real

3,2694

MXN

Mexican peso

16,1398

INR

Indian rupee

65,8671

---

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

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NOTICES FROM MEMBER STATES

| 14.4.2015 | EN | Official Journal of the European Union | C 119/3 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/3

---

Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Changes to public service obligations in respect of scheduled air services

(Text with EEA relevance)

(2015/C 119/03)

| Member State | France |
| --- | --- |
| Route concerned | La Rochelle (Ile de Ré) – Poitiers (Biard) – Lyon (Saint Exupéry) |
| Original date of entry into force of the public service obligation | 1 November 2005 |
| Date of entry into force of the changes | 1 November 2015 |
| Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained | Arrêté du 16 mars 2015 modifiant les obligations de service public imposées sur les services aériens entre La Rochelle et Lyon et entre Poitiers et Lyon
  (Order of 16 March 2015 amending the public service obligation imposed on scheduled air services between La Rochelle and Lyon and between Poitiers and Lyon)
  NOR: DEVA1506811A
  http://www.legifrance.gouv.fr/initRechTexte.do
  For further information please contact:





  Direction Générale de l’Aviation Civile |
| DTA/SDT/T2 |
| 50 rue Henry Farman |
| 75720 Paris Cedex 15 |
| FRANCE |
| Tel. +33 158094321 |
| E-mail: osp-compagnies.dta@aviation-civile.gouv.fr |

Member State

France

Route concerned

La Rochelle (Ile de Ré) – Poitiers (Biard) – Lyon (Saint Exupéry)

Original date of entry into force of the public service obligation

1 November 2005

Date of entry into force of the changes

1 November 2015

Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained

Arrêté du 16 mars 2015 modifiant les obligations de service public imposées sur les services aériens entre La Rochelle et Lyon et entre Poitiers et Lyon

(Order of 16 March 2015 amending the public service obligation imposed on scheduled air services between La Rochelle and Lyon and between Poitiers and Lyon)

NOR: DEVA1506811A

http://www.legifrance.gouv.fr/initRechTexte.do

For further information please contact:

Direction Générale de l’Aviation Civile

DTA/SDT/T2

50 rue Henry Farman

75720 Paris Cedex 15

FRANCE

Tel. +33 158094321

E-mail: osp-compagnies.dta@aviation-civile.gouv.fr

---

| 14.4.2015 | EN | Official Journal of the European Union | C 119/4 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/4

---

Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2015/C 119/04)

| Member State | France |
| --- | --- |
| Route concerned | La Rochelle (Ile de Ré) – Poitiers (Biard) – Lyon (Saint Exupéry) |
| Period of validity of the contract | from 1 November 2015 to 31 October 2019 |
| Deadline for submission of applications and tenders | 29 June 2015 by 17.00 Paris time |
| Address where the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained | Syndicat Mixte de l’Aéroport Poitiers Biard |
| Béatrice Moussion, Directrice |
| Hôtel du Département |
| Place Aristide Briand |
| BP 319 |
| 86008 Poitiers Cedex |
| Tel. +33 549556640 |
| Fax +33 549882297 |
| E-mail: bmoussion@cg86.fr |

Member State

France

Route concerned

La Rochelle (Ile de Ré) – Poitiers (Biard) – Lyon (Saint Exupéry)

Period of validity of the contract

from 1 November 2015 to 31 October 2019

Deadline for submission of applications and tenders

29 June 2015 by 17.00 Paris time

Address where the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained

Syndicat Mixte de l’Aéroport Poitiers Biard

Béatrice Moussion, Directrice

Hôtel du Département

Place Aristide Briand

BP 319

86008 Poitiers Cedex

Tel. +33 549556640

Fax +33 549882297

E-mail: bmoussion@cg86.fr

or

| Chambre de Commerce et d’Industrie de la Rochelle |
| --- |
| Thomas Juin, Directeur de l’Aéroport |
| Aéroport de la Rochelle |
| Rue du Jura |
| 17000 La Rochelle |
| Tel. +33 546428671 |
| E-mail: tjuin@larochelle.aeroport.fr |

Chambre de Commerce et d’Industrie de la Rochelle

Thomas Juin, Directeur de l’Aéroport

Aéroport de la Rochelle

Rue du Jura

17000 La Rochelle

Tel. +33 546428671

E-mail: tjuin@larochelle.aeroport.fr

---

| 14.4.2015 | EN | Official Journal of the European Union | C 119/5 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/5

---

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

(2015/C 119/05)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE NORTHERN AREA OF BATTONYA-PUSZTAFÖLDVÁR

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) (1) of the Concessions Act.
  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) (1) of the Concessions Act.

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 county of Békés.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Almáskamarás | Békés | Medgyesbodzás | Békés |
| Békéssámson | Békés | Medgyesegyháza | Békés |
| Csabaszabadi | Békés | Mezőkovácsháza | Békés |
| Csanádapáca | Békés | Nagybánhegyes | Békés |
| Dombiratos | Békés | Nagykamarás | Békés |
| Gerendás | Békés | Orosháza | Békés |
| Kardoskút | Békés | Pusztaföldvár | Békés |
| Kaszaper | Békés | Pusztaottlaka | Békés |
| Kevermes | Békés | Tótkomlós | Békés |
| Kunágota | Békés | Újkígyós | Békés |
| Magyarbánhegyes | 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 county of Békés.

Municipality

County

Municipality

County

Almáskamarás

Békés

Medgyesbodzás

Békés

Békéssámson

Békés

Medgyesegyháza

Békés

Csabaszabadi

Békés

Mezőkovácsháza

Békés

Csanádapáca

Békés

Nagybánhegyes

Békés

Dombiratos

Békés

Nagykamarás

Békés

Gerendás

Békés

Orosháza

Békés

Kardoskút

Békés

Pusztaföldvár

Békés

Kaszaper

Békés

Pusztaottlaka

Békés

Kevermes

Békés

Tótkomlós

Békés

Kunágota

Békés

Újkígyós

Békés

Magyarbánhegyes

Békés

Size of area: 390,90 km2.

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

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 5. | Minimum net concession fee: HUF 327 000 000 (three hundred and twenty-seven 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 327 000 000 (three hundred and twenty-seven 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 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 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 19 % 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 19 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code BATCHDV and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code BATCHDV and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 23 September 2015 between 10:00 and 12:00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 23 September 2015 between 10:00 and 12:00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 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:






  — | programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted, |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

(I)

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

—

programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted,

| — | 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. |
| --- | --- |

—

how soon commencement of production is envisaged.

| (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 above 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 above the minimum concession fee set by the Minister,

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 14.4.2015 | EN | Official Journal of the European Union | C 119/9 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/9

---

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

(2015/C 119/06)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE BERETTYÓÚJFALU 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) (1) of the Concessions Act.
  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) (1) of the Concessions Act.

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 county of Hajdú–Bihar.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Ártánd | Hajdú–Bihar | Kismarja | Hajdú–Bihar |
| Bakonszeg | Hajdú–Bihar | Konyár | Hajdú–Bihar |
| Bedő | Hajdú–Bihar | Körösszegapáti | Hajdú–Bihar |
| Berekböszörmény | Hajdú–Bihar | Létavértes | Hajdú–Bihar |
| Berettyóújfalu | Hajdú–Bihar | Mezőpeterd | Hajdú–Bihar |
| Biharkeresztes | Hajdú–Bihar | Mezősas | Hajdú–Bihar |
| Bihartorda | Hajdú–Bihar | Monostorpályi | Hajdú–Bihar |
| Bojt | Hajdú–Bihar | Nagykereki | Hajdú–Bihar |
| Derecske | Hajdú–Bihar | Pocsaj | Hajdú–Bihar |
| Esztár | Hajdú–Bihar | Sáránd | Hajdú–Bihar |
| Földes | Hajdú–Bihar | Szentpéterszeg | Hajdú–Bihar |
| Furta | Hajdú–Bihar | Tépe | Hajdú–Bihar |
| Gáborján | Hajdú–Bihar | Tetétlen | Hajdú–Bihar |
| Hajdúbagos | Hajdú–Bihar | Told | Hajdú–Bihar |
| Hajdúszovát | Hajdú–Bihar | Váncsod | Hajdú–Bihar |
| Hencida | Hajdú–Bihar | Vekerd | Hajdú–Bihar |
| Hosszúpályi | Hajdú–Bihar | Zsáka | Hajdú–Bihar |

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 county of Hajdú–Bihar.

Municipality

County

Municipality

County

Ártánd

Hajdú–Bihar

Kismarja

Hajdú–Bihar

Bakonszeg

Hajdú–Bihar

Konyár

Hajdú–Bihar

Bedő

Hajdú–Bihar

Körösszegapáti

Hajdú–Bihar

Berekböszörmény

Hajdú–Bihar

Létavértes

Hajdú–Bihar

Berettyóújfalu

Hajdú–Bihar

Mezőpeterd

Hajdú–Bihar

Biharkeresztes

Hajdú–Bihar

Mezősas

Hajdú–Bihar

Bihartorda

Hajdú–Bihar

Monostorpályi

Hajdú–Bihar

Bojt

Hajdú–Bihar

Nagykereki

Hajdú–Bihar

Derecske

Hajdú–Bihar

Pocsaj

Hajdú–Bihar

Esztár

Hajdú–Bihar

Sáránd

Hajdú–Bihar

Földes

Hajdú–Bihar

Szentpéterszeg

Hajdú–Bihar

Furta

Hajdú–Bihar

Tépe

Hajdú–Bihar

Gáborján

Hajdú–Bihar

Tetétlen

Hajdú–Bihar

Hajdúbagos

Hajdú–Bihar

Told

Hajdú–Bihar

Hajdúszovát

Hajdú–Bihar

Váncsod

Hajdú–Bihar

Hencida

Hajdú–Bihar

Vekerd

Hajdú–Bihar

Hosszúpályi

Hajdú–Bihar

Zsáka

Hajdú–Bihar

Size of area: 825,20 km2.

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

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 5. | Minimum net concession fee: HUF 432 000 000 (four hundred and thirty-two 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 432 000 000 (four hundred and thirty-two 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 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 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 19 % 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 19 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code BERCHDV and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code BERCHDV and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 23 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 23 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 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:






  — | programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted; |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

(I)

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

—

programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted;

| — | 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. |
| --- | --- |

—

how soon commencement of production is envisaged.

| (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 above 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 above the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 14.4.2015 | EN | Official Journal of the European Union | C 119/13 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/13

---

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

(2015/C 119/07)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE EXPLORATION AND PRODUCTION OF BROWN COAL UNDER CONCESSION AT THE DUBICSÁNY I. — SZÉN MINING SITE

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 exploration and production of brown coal 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) (1) of the Concessions Act.
  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) (1) of the Concessions Act.

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:
  the area designated for concession is the area of the Dubicsány I. — szén mining site.
  Size of area: 20,6701 km2.
  Overburden of area designated for concession: 365 metres above the Adriatic and bedrock: 20 metres below the Adriatic.
  The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).
  Name of mineral resource to be produced under the concession: brown coal (code: 0965). |
| --- | --- |

4.

Data on area designated for concession:

the area designated for concession is the area of the Dubicsány I. — szén mining site.

Size of area: 20,6701 km2.

Overburden of area designated for concession: 365 metres above the Adriatic and bedrock: 20 metres below the Adriatic.

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Name of mineral resource to be produced under the concession: brown coal (code: 0965).

| 5. | Minimum net concession fee: HUF 10 000 000 (ten 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 10 000 000 (ten 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 1 000 000 (one 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 1 000 000 (one 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 5 000 000 (five million forint) by 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 5 000 000 (five million forint) by 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 0 % 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 0 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code DUBCPD and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code DUBCPD and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 23 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 23 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 Development as the Minister’s place of work.

| 16. | Through the Concession Company mandatorily set up for that purpose the successful bidder will acquire the exclusive right to exploration and normal production of brown coal using traditional deep-working technology at the Dubicsány I. — szén mining site for the duration of the concession and will, accordingly, become the mining rights holder in respect of the mining site under the concession contract. |
| --- | --- |

16.

Through the Concession Company mandatorily set up for that purpose the successful bidder will acquire the exclusive right to exploration and normal production of brown coal using traditional deep-working technology at the Dubicsány I. — szén mining site for the duration of the concession and will, accordingly, become the mining rights holder in respect of the mining site under the concession contract.

| 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 professional and technical ability to perform the work subject to concession: a report drawn up by the bidder demonstrating their expertise, previous work in the field, projects completed, equipment and staff, and their vision regarding the work subject to concession. |
| --- | --- | --- |

20.

Tender adjudication criteria:

(I)

Assessment criteria relating to the professional and technical ability to perform the work subject to concession: a report drawn up by the bidder demonstrating their expertise, previous work in the field, projects completed, equipment and staff, and their vision regarding the work subject to concession.

| (II) | Assessment criteria relating to the bidder’s financial 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 financial 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;

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






  — | the net concession fee offered above 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 above the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 (exploration and production of brown coal 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 (exploration and production of brown coal 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 14.4.2015 | EN | Official Journal of the European Union | C 119/16 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/16

---

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

(2015/C 119/08)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE LAKÓCSA 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) (1) of the Concessions Act.
  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) (1) of the Concessions Act.

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 |
| --- | --- | --- | --- | --- |
| Bánfa | Baranya | Marócsa | Baranya |
| Barcs | Somogy | Merenye | Baranya |
| Bogdása | Baranya | Molvány | Baranya |
| Bürüs | Baranya | Nagydobsza | Baranya |
| Csányoszró | Baranya | Nemeske | Baranya |
| Darány | Somogy | Okorág | Baranya |
| Drávafok | Baranya | Patapoklosi | Baranya |
| Drávagárdony | Somogy | Pettend | Baranya |
| Drávatamási | Somogy | Potony | Somogy |
| Endrőc | Baranya | Sellye | Baranya |
| Gyöngyösmellék | Baranya | Sumony | Baranya |
| Hobol | Baranya | Szentborbás | Somogy |
| Istvándi | Somogy | Szentegát | Baranya |
| Kákics | Baranya | Szigetvár | Baranya |
| Kálmáncsa | Somogy | Szörény | Baranya |
| Kastélyosdombó | Somogy | Teklafalu | Baranya |
| Kétújfalu | Baranya | Tótszentgyörgy | Baranya |
| Kisdobsza | Baranya | Tótújfalu | Somogy |
| Kistamási | Baranya | Várad | Baranya |
| Lakócsa | Somogy | Zádor | 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

Bánfa

Baranya

Marócsa

Baranya

Barcs

Somogy

Merenye

Baranya

Bogdása

Baranya

Molvány

Baranya

Bürüs

Baranya

Nagydobsza

Baranya

Csányoszró

Baranya

Nemeske

Baranya

Darány

Somogy

Okorág

Baranya

Drávafok

Baranya

Patapoklosi

Baranya

Drávagárdony

Somogy

Pettend

Baranya

Drávatamási

Somogy

Potony

Somogy

Endrőc

Baranya

Sellye

Baranya

Gyöngyösmellék

Baranya

Sumony

Baranya

Hobol

Baranya

Szentborbás

Somogy

Istvándi

Somogy

Szentegát

Baranya

Kákics

Baranya

Szigetvár

Baranya

Kálmáncsa

Somogy

Szörény

Baranya

Kastélyosdombó

Somogy

Teklafalu

Baranya

Kétújfalu

Baranya

Tótszentgyörgy

Baranya

Kisdobsza

Baranya

Tótújfalu

Somogy

Kistamási

Baranya

Várad

Baranya

Lakócsa

Somogy

Zádor

Baranya

Size of area: 354,47 km2.

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

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 5. | Minimum net concession fee: HUF 189 000 000 (one hundred and eighty-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 189 000 000 (one hundred and eighty-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 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 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 19 % 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 19 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code LAKCHDV and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code LAKCHDV and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 23 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 23 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 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:






  — | programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted; |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

(I)

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

—

programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted;

| — | 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. |
| --- | --- |

—

how soon commencement of production is envisaged.

| (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 above 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 above the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of members of the Government.

1

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| 14.4.2015 | EN | Official Journal of the European Union | C 119/20 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/20

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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

(2015/C 119/09)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE NAGYKÁTA 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) (1) of the Concessions Act.
  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) (1) of the Concessions Act.

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 Pest, Heves and Jász–Nagykun–Szolnok.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Atkár | Heves | Pánd | Pest |
| Boldog | Heves | Pusztamonostor | Jász–Nagykun–Szolnok |
| Csány | Heves | Szentlőrinckáta | Pest |
| Farmos | Pest | Szentmártonkáta | Pest |
| Hatvan | Heves | Tápióbicske | Pest |
| Hort | Heves | Tápióság | Pest |
| Jászágó | Jász–Nagykun–Szolnok | Tápiószecső | Pest |
| Jászárokszállás | Jász–Nagykun–Szolnok | Tápiószele | Pest |
| Jászberény | Jász–Nagykun–Szolnok | Tápiószentmárton | Pest |
| Jászfelsőszentgyörgy | Jász–Nagykun–Szolnok | Tápiószőlős | Pest |
| Jászfényszaru | Jász–Nagykun–Szolnok | Tóalmás | Pest |
| Kóka | Pest | Tura | Pest |
| Nagykáta | Pest | Zsámbok | Pest |

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 Pest, Heves and Jász–Nagykun–Szolnok.

Municipality

County

Municipality

County

Atkár

Heves

Pánd

Pest

Boldog

Heves

Pusztamonostor

Jász–Nagykun–Szolnok

Csány

Heves

Szentlőrinckáta

Pest

Farmos

Pest

Szentmártonkáta

Pest

Hatvan

Heves

Tápióbicske

Pest

Hort

Heves

Tápióság

Pest

Jászágó

Jász–Nagykun–Szolnok

Tápiószecső

Pest

Jászárokszállás

Jász–Nagykun–Szolnok

Tápiószele

Pest

Jászberény

Jász–Nagykun–Szolnok

Tápiószentmárton

Pest

Jászfelsőszentgyörgy

Jász–Nagykun–Szolnok

Tápiószőlős

Pest

Jászfényszaru

Jász–Nagykun–Szolnok

Tóalmás

Pest

Kóka

Pest

Tura

Pest

Nagykáta

Pest

Zsámbok

Pest

Size of area: 551,39 km2.

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

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 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 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 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 19 % 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 19 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code NKTCHDV and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code NKTCHDV and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 24 September 2015 between 10:00 and 12:00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 24 September 2015 between 10:00 and 12:00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 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:






  — | programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted; |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

(I)

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

—

programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted;

| — | 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. |
| --- | --- |

—

how soon commencement of production is envisaged.

| (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 above 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 above the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 14.4.2015 | EN | Official Journal of the European Union | C 119/24 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/24

---

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

(2015/C 119/10)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE PÜSPÖKLADÁNY 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 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) (1) of the Concessions Act.
  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 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) (1) of the Concessions Act.

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, Hajdú–Bihar and Jász–Nagykun–Szolnok.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Bakonszeg | Hajdú–Bihar | Kaba | Hajdú–Bihar |
| Báránd | Hajdú–Bihar | Karcag | Jász–Nagykun–Szolnok |
| Berettyóújfalu | Hajdú–Bihar | Kertészsziget | Békés |
| Bihardancsháza | Hajdú–Bihar | Nádudvar | Hajdú–Bihar |
| Biharnagybajom | Hajdú–Bihar | Nagyrábé | Hajdú–Bihar |
| Bihartorda | Hajdú–Bihar | Püspökladány | Hajdú–Bihar |
| Bucsa | Békés | Sáp | Hajdú–Bihar |
| Darvas | Hajdú–Bihar | Sárrétudvari | Hajdú–Bihar |
| Dévaványa | Békés | Szeghalom | Békés |
| Ecsegfalva | Békés | Szerep | Hajdú–Bihar |
| Földes | Hajdú–Bihar | Tetétlen | Hajdú–Bihar |
| Füzesgyarmat | Békés | Vekerd | Hajdú–Bihar |
| Hajdúszoboszló | Hajdú–Bihar | Zsáka | Hajdú–Bihar |
| Hajdúszovát | Hajdú–Bihar | |

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, Hajdú–Bihar and Jász–Nagykun–Szolnok.

Municipality

County

Municipality

County

Bakonszeg

Hajdú–Bihar

Kaba

Hajdú–Bihar

Báránd

Hajdú–Bihar

Karcag

Jász–Nagykun–Szolnok

Berettyóújfalu

Hajdú–Bihar

Kertészsziget

Békés

Bihardancsháza

Hajdú–Bihar

Nádudvar

Hajdú–Bihar

Biharnagybajom

Hajdú–Bihar

Nagyrábé

Hajdú–Bihar

Bihartorda

Hajdú–Bihar

Püspökladány

Hajdú–Bihar

Bucsa

Békés

Sáp

Hajdú–Bihar

Darvas

Hajdú–Bihar

Sárrétudvari

Hajdú–Bihar

Dévaványa

Békés

Szeghalom

Békés

Ecsegfalva

Békés

Szerep

Hajdú–Bihar

Földes

Hajdú–Bihar

Tetétlen

Hajdú–Bihar

Füzesgyarmat

Békés

Vekerd

Hajdú–Bihar

Hajdúszoboszló

Hajdú–Bihar

Zsáka

Hajdú–Bihar

Hajdúszovát

Hajdú–Bihar

Size of area: 877,98 km2.

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

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 5. | Minimum net concession fee: HUF 381 000 000 (three hundred and eighty-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 381 000 000 (three hundred and eighty-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 19 % 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 19 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code PPLCHDV and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code PPLCHDV and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 24 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 24 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 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:






  — | programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted; |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

(I)

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

—

programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted;

| — | 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. |
| --- | --- |

—

how soon commencement of production is envisaged.

| (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 above 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 above the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 14.4.2015 | EN | Official Journal of the European Union | C 119/28 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/28

---

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

(2015/C 119/11)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE MOGYORÓD 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) (1) of the Concessions Act.
  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) (1) of the Concessions Act.

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, Nógrád and Pest.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Acsa | Pest | Kálló | Nógrád |
| Aszód | Pest | Kartal | Pest |
| Bag | Pest | Kerepes | Pest |
| Csomád | Pest | Kistarcsa | Pest |
| Csömör | Pest | Mogyoród | Pest |
| Domony | Pest | Őrbottyán | Pest |
| Erdőkertes | Pest | Püspökhatvan | Pest |
| Erdőkürt | Nógrád | Püspökszilágy | Pest |
| Fót | Pest | Szada | Pest |
| Galgagyörk | Pest | Tura | Pest |
| Galgahévíz | Pest | Vácegres | Pest |
| Galgamácsa | Pest | Váckisújfalu | Pest |
| Gödöllő | Pest | Vácrátót | Pest |
| Hatvan | Heves | Vácszentlászló | Pest |
| Hévízgyörk | Pest | Valkó | Pest |
| Iklad | Pest | Veresegyház | Pest |
| Isaszeg | Pest | Zsámbok | Pest |

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, Nógrád and Pest.

Municipality

County

Municipality

County

Acsa

Pest

Kálló

Nógrád

Aszód

Pest

Kartal

Pest

Bag

Pest

Kerepes

Pest

Csomád

Pest

Kistarcsa

Pest

Csömör

Pest

Mogyoród

Pest

Domony

Pest

Őrbottyán

Pest

Erdőkertes

Pest

Püspökhatvan

Pest

Erdőkürt

Nógrád

Püspökszilágy

Pest

Fót

Pest

Szada

Pest

Galgagyörk

Pest

Tura

Pest

Galgahévíz

Pest

Vácegres

Pest

Galgamácsa

Pest

Váckisújfalu

Pest

Gödöllő

Pest

Vácrátót

Pest

Hatvan

Heves

Vácszentlászló

Pest

Hévízgyörk

Pest

Valkó

Pest

Iklad

Pest

Veresegyház

Pest

Isaszeg

Pest

Zsámbok

Pest

Size of area: 521,42 km2.

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

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 5. | Minimum net concession fee: HUF 201 000 000 (two hundred and 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 201 000 000 (two hundred and 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 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 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 19 % 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 19 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code MOGCHDV and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code MOGCHDV and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 24 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 24 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 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:






  — | programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted; |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

(I)

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

—

programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted;

| — | 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. |
| --- | --- |

—

how soon commencement of production is envisaged.

| (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 above 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 above the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 14.4.2015 | EN | Official Journal of the European Union | C 119/32 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/32

---

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

(2015/C 119/12)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE ÓCSA 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) (1) of the Concessions Act.
  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) (1) of the Concessions Act.

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 county of Pest.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Albertirsa | Pest | Monor | Pest |
| Alsónémedi | Pest | Monorierdő | Pest |
| Bénye | Pest | Nyáregyháza | Pest |
| Bugyi | Pest | Ócsa | Pest |
| Csévharaszt | Pest | Pánd | Pest |
| Dabas | Pest | Pilis | Pest |
| Dánszentmiklós | Pest | Taksony | Pest |
| Délegyháza | Pest | Tápióbicske | Pest |
| Dunaharaszti | Pest | Tápióság | Pest |
| Dunavarsány | Pest | Tápiószentmárton | Pest |
| Felsőpakony | Pest | Újhartyán | Pest |
| Gomba | Pest | Újlengyel | Pest |
| Gyál | Pest | Üllő | Pest |
| Inárcs | Pest | Vasad | Pest |
| Kakucs | Pest | Vecsés | Pest |
| Káva | Pest | |

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 county of Pest.

Municipality

County

Municipality

County

Albertirsa

Pest

Monor

Pest

Alsónémedi

Pest

Monorierdő

Pest

Bénye

Pest

Nyáregyháza

Pest

Bugyi

Pest

Ócsa

Pest

Csévharaszt

Pest

Pánd

Pest

Dabas

Pest

Pilis

Pest

Dánszentmiklós

Pest

Taksony

Pest

Délegyháza

Pest

Tápióbicske

Pest

Dunaharaszti

Pest

Tápióság

Pest

Dunavarsány

Pest

Tápiószentmárton

Pest

Felsőpakony

Pest

Újhartyán

Pest

Gomba

Pest

Újlengyel

Pest

Gyál

Pest

Üllő

Pest

Inárcs

Pest

Vasad

Pest

Kakucs

Pest

Vecsés

Pest

Káva

Pest

Size of area: 592,45 km2.

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

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 5. | Minimum net concession fee: HUF 234 000 000 (two hundred and thirty-four 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 234 000 000 (two hundred and thirty-four 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 19 % 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 19 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code OCSCHDV and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code OCSCHDV and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 24 September 2015 between 10:00 and 12:00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 24 September 2015 between 10:00 and 12:00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 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:






  — | programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted, |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

(I)

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

—

programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted,

| — | 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. |
| --- | --- |

—

how soon commencement of production is envisaged.

| (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 above 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 above the minimum concession fee set by the Minister,

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

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| 14.4.2015 | EN | Official Journal of the European Union | C 119/36 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/36

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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

(2015/C 119/13)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE SELLYE 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) (1) of the Concessions Act.
  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) (1) of the Concessions Act.

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 county of Baranya.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Adorjás | Baranya | Kisszentmárton | Baranya |
| Baranyahídvég | Baranya | Kórós | Baranya |
| Besence | Baranya | Kovácshida | Baranya |
| Bogdása | Baranya | Lakócsa | Somogy |
| Cún | Baranya | Lúzsok | Baranya |
| Csányoszró | Baranya | Márfa | Baranya |
| Diósviszló | Baranya | Markóc | Baranya |
| Drávacsehi | Baranya | Nagycsány | Baranya |
| Drávacsepely | Baranya | Páprád | Baranya |
| Drávafok | Baranya | Piskó | Baranya |
| Drávaiványi | Baranya | Rádfalva | Baranya |
| Drávakeresztúr | Baranya | Sámod | Baranya |
| Drávapalkonya | Baranya | Sellye | Baranya |
| Drávapiski | Baranya | Sósvertike | Baranya |
| Drávaszerdahely | Baranya | Szaporca | Baranya |
| Drávasztára | Baranya | Szentborbás | Somogy |
| Felsőszentmárton | Baranya | Tésenfa | Baranya |
| Hegyszentmárton | Baranya | Vajszló | Baranya |
| Hirics | Baranya | Vejti | Baranya |
| Kémes | Baranya | Zaláta | Baranya |
| Kemse | 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 county of Baranya.

Municipality

County

Municipality

County

Adorjás

Baranya

Kisszentmárton

Baranya

Baranyahídvég

Baranya

Kórós

Baranya

Besence

Baranya

Kovácshida

Baranya

Bogdása

Baranya

Lakócsa

Somogy

Cún

Baranya

Lúzsok

Baranya

Csányoszró

Baranya

Márfa

Baranya

Diósviszló

Baranya

Markóc

Baranya

Drávacsehi

Baranya

Nagycsány

Baranya

Drávacsepely

Baranya

Páprád

Baranya

Drávafok

Baranya

Piskó

Baranya

Drávaiványi

Baranya

Rádfalva

Baranya

Drávakeresztúr

Baranya

Sámod

Baranya

Drávapalkonya

Baranya

Sellye

Baranya

Drávapiski

Baranya

Sósvertike

Baranya

Drávaszerdahely

Baranya

Szaporca

Baranya

Drávasztára

Baranya

Szentborbás

Somogy

Felsőszentmárton

Baranya

Tésenfa

Baranya

Hegyszentmárton

Baranya

Vajszló

Baranya

Hirics

Baranya

Vejti

Baranya

Kémes

Baranya

Zaláta

Baranya

Kemse

Baranya

Size of area: 353,98 km2.

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

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 5. | Minimum net concession fee: HUF 186 000 000 (one hundred and eighty-six 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 186 000 000 (one hundred and eighty-six 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 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 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 19 % 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 19 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code SELCHDV and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code SELCHDV and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 24 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 24 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 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:






  — | programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted; |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

(I)

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

—

programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted;

| — | 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. |
| --- | --- |

—

how soon commencement of production is envisaged.

| (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 above 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 above the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

| 14.4.2015 | EN | Official Journal of the European Union | C 119/40 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/40

---

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

(2015/C 119/14)

PUBLIC INVITATION TO TENDER FOR A CONCESSION

FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE DÁNY 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 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) (1) of the Concessions Act.
  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 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) (1) of the Concessions Act.

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 Budapest and Pest.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Budapest_XVI. | Budapest | Nagytarcsa | Pest |
| Budapest_XVII. | Budapest | Pánd | Pest |
| Budapest_XVIII. | Budapest | Pécel | Pest |
| Csömör | Pest | Péteri | Pest |
| Dány | Pest | Sülysáp | Pest |
| Ecser | Pest | Szentmártonkáta | Pest |
| Gomba | Pest | Tápióság | Pest |
| Gyál | Pest | Tápiószecső | Pest |
| Gyömrő | Pest | Tóalmás | Pest |
| Isaszeg | Pest | Úri | Pest |
| Kerepes | Pest | Üllő | Pest |
| Kistarcsa | Pest | Vácszentlászló | Pest |
| Kóka | Pest | Valkó | Pest |
| Maglód | Pest | Vecsés | Pest |
| Mende | Pest | Zsámbok | Pest |
| Monor | Pest | |

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 Budapest and Pest.

Municipality

County

Municipality

County

Budapest_XVI.

Budapest

Nagytarcsa

Pest

Budapest_XVII.

Budapest

Pánd

Pest

Budapest_XVIII.

Budapest

Pécel

Pest

Csömör

Pest

Péteri

Pest

Dány

Pest

Sülysáp

Pest

Ecser

Pest

Szentmártonkáta

Pest

Gomba

Pest

Tápióság

Pest

Gyál

Pest

Tápiószecső

Pest

Gyömrő

Pest

Tóalmás

Pest

Isaszeg

Pest

Úri

Pest

Kerepes

Pest

Üllő

Pest

Kistarcsa

Pest

Vácszentlászló

Pest

Kóka

Pest

Valkó

Pest

Maglód

Pest

Vecsés

Pest

Mende

Pest

Zsámbok

Pest

Monor

Pest

Size of area: 583,59 km2.

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

The border point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System by clicking on the ‘Koncesszió’ tab on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

| 5. | Minimum net concession fee: HUF 303 000 000 (three hundred and 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 303 000 000 (three hundred and 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 19 % 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 19 % 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 at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’] option of the ‘Koncesszió’ [‘Concessions’] drop-down menu). |
| --- | --- |

10.

The Tender Document may be collected at the Customer Service Office of the Hungarian Office for Mining and Geology (Columbus utca 17-23, 1145 Budapest; telephone: +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Office for Mining and Geology will issue the purchaser 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 communications 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 bid disclosure’] option of the ‘Koncesszió’ [‘Concessions’] drop-down menu).

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code DNYCHDV and the name of the person 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. |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into Hungarian Office for Mining and Geology account No 10032000-01417179-00000000. The message accompanying the transfer must state the code DNYCHDV and the name of the person 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.

| 12. | Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. |
| --- | --- |

12.

Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security.

| 13. | Bids must be submitted in person on 23 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

Bids must be submitted in person on 23 September 2015 between 10.00 and 12.00 at the Customer Service Office of the Hungarian Office for Mining and Geology (address: Columbus utca 17-23, 1145 Budapest) in Hungarian, as specified in the Tender Document.

| 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 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 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:






  — | programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted; |
| --- | --- | --- | --- |

20.

Tender adjudication criteria:

(I)

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

—

programme design aiming for maximum prospection of hydrocarbon and seeking to conduct prospection as comprehensively as possible and across as broad an area as possible on the concession site; the sum allotted for research; the planned duration of the research; the projected quantity of hydrocarbon that can be extracted;

| — | 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. |
| --- | --- |

—

how soon commencement of production is envisaged.

| (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 above 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 above the minimum concession fee set by the Minister;

| — | the size of the mining royalty offered above the minimum mining royalty set by the Minister. |
| --- | --- |

—

the size of the mining royalty offered above 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 e-mail 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 e-mail address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, 10 February 2015.

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 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.

1

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 14.4.2015 | EN | Official Journal of the European Union | C 119/44 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/44

---

Prior notification of a concentration

(Case M.7549 — CGG/Wood Mackenzie/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 119/15)

| 1. | On 1 April 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Compagnie Générale de Géophysique SA (‘CGG’, France) and Wood Mackenzie Limited (‘Wood Mackenzie’, United Kingdom) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of Petroleum Edge Limited (‘Petroleum Edge’, United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 1 April 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Compagnie Générale de Géophysique SA (‘CGG’, France) and Wood Mackenzie Limited (‘Wood Mackenzie’, United Kingdom) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of Petroleum Edge Limited (‘Petroleum Edge’, United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:
  —   for CGG: the manufacture of geophysical equipment, the acquisition of geological data and the provision of geoscience services to customers primarily in the oil and gas exploration business,
  —   for Wood Mackenzie: the collection and analysis of data relating to assets, markets and companies operating in the oil, gas, coal, carbon, metals and power generation markets,
  —   for Petroleum Edge: the development and sale of a software for the evaluation of the likely value of undeveloped oil and gas resources. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for CGG: the manufacture of geophysical equipment, the acquisition of geological data and the provision of geoscience services to customers primarily in the oil and gas exploration business,

—   for Wood Mackenzie: the collection and analysis of data relating to assets, markets and companies operating in the oil, gas, coal, carbon, metals and power generation markets,

—   for Petroleum Edge: the development and sale of a software for the evaluation of the likely value of undeveloped oil and gas resources.

| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7549 — CGG/Wood Mackenzie/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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7549 — CGG/Wood Mackenzie/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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| 14.4.2015 | EN | Official Journal of the European Union | C 119/45 |
| --- | --- | --- | --- |

14.4.2015

EN

Official Journal of the European Union

C 119/45

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Prior notification of a concentration

(Case M.7570 — CaixaBank/BPI)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 119/16)

| 1. | On 7 April 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CaixaBank, S.A. (‘CaixaBank’, Spain) belonging to the group Fundación Bancaria Caixa d’Estalvis i Pensions de Barcelona (Spain) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Banco BPI (‘BPI’, Portugal) by way of public bid announced on 17 February 2015. |
| --- | --- |

1.

On 7 April 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CaixaBank, S.A. (‘CaixaBank’, Spain) belonging to the group Fundación Bancaria Caixa d’Estalvis i Pensions de Barcelona (Spain) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Banco BPI (‘BPI’, Portugal) by way of public bid announced on 17 February 2015.

| 2. | The business activities of the undertakings concerned are:






  — | for CaixaBank: banking services (retail, corporate, private banking), collective investment and securitisation services as well as the provision of specialised insurance products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for CaixaBank: banking services (retail, corporate, private banking), collective investment and securitisation services as well as the provision of specialised insurance products,

| — | for BPI: investment banking (equities, corporate finance and private banking), retail banking, management of investment funds, pension funds and life insurance-capitalisation. |
| --- | --- |

—

for BPI: investment banking (equities, corporate finance and private banking), retail banking, management of investment funds, pension funds and life insurance-capitalisation.

| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.7570 — CaixaBank/BPI, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.7570 — CaixaBank/BPI, 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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