# Official Journal C 83/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 83 |
| | |
| English edition | Information and Notices | Volume 6313 March 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 83

English edition

Information and Notices

Volume 6313 March 2020

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 83/01 | Non-opposition to a notified concentration (Case M.9665 — General Real Estate/Apleona Real Estate/Property Management JV) (
  1
  ) | 1 |
| 2020/C 83/02 | Non-opposition to a notified concentration (Case M.9590 — Oaktree/RAFI) (
  1
  ) | 2 |
| 2020/C 83/03 | Non-opposition to a notified concentration (Case M.9740 — ISQ/Rubis/Rubis Terminal) (
  1
  ) | 3 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 83/01

Non-opposition to a notified concentration (Case M.9665 — General Real Estate/Apleona Real Estate/Property Management JV) (
  1
  )

1

1

2020/C 83/02

Non-opposition to a notified concentration (Case M.9590 — Oaktree/RAFI) (
  1
  )

1

2

2020/C 83/03

Non-opposition to a notified concentration (Case M.9740 — ISQ/Rubis/Rubis Terminal) (
  1
  )

1

3

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 83/04 | Euro exchange rates — 12 March 2020 | 4 |
| 2020/C 83/05 | Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 April 2020
  (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 )) | 5 |
| | NOTICES FROM MEMBER STATES |
| 2020/C 83/06 | concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 6 |
| 2020/C 83/07 | Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Bestwina-Czechowice area | 10 |
| 2020/C 83/08 | Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Pyrzyce area | 21 |
| 2020/C 83/09 | Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Żabowo area | 32 |
| 2020/C 83/10 | Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Złoczew area | 44 |
| 2020/C 83/11 | Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Królówka area | 56 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 83/04

Euro exchange rates — 12 March 2020

4

2020/C 83/05

Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 April 2020
  (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))

5

NOTICES FROM MEMBER STATES

2020/C 83/06

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

6

2020/C 83/07

Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Bestwina-Czechowice area

10

2020/C 83/08

Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Pyrzyce area

21

2020/C 83/09

Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Żabowo area

32

2020/C 83/10

Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Złoczew area

44

2020/C 83/11

Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the Królówka area

56

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2020/C 83/12 | Prior notification of a concentration (Case M.9755 — MAIF 2/PSP/AirTrunk) Candidate case for simplified procedure (
  1
  ) | 69 |
| 2020/C 83/13 | Prior notification of a concentration (Case M.9747 — Lagardère Travel Retail/BTA/JV) Candidate case for simplified procedure (
  1
  ) | 71 |
| | OTHER ACTS |
| | European Commission |
| 2020/C 83/14 | Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33 | 73 |
| 2020/C 83/15 | Publication of an application for approval of amendments, which are not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 77 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2020/C 83/12

Prior notification of a concentration (Case M.9755 — MAIF 2/PSP/AirTrunk) Candidate case for simplified procedure (
  1
  )

1

69

2020/C 83/13

Prior notification of a concentration (Case M.9747 — Lagardère Travel Retail/BTA/JV) Candidate case for simplified procedure (
  1
  )

1

71

OTHER ACTS

European Commission

2020/C 83/14

Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

73

2020/C 83/15

Publication of an application for approval of amendments, which are not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

77

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

---

(1)   Text with EEA relevance.

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 13.3.2020 | EN | Official Journal of the European Union | C 83/1 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/1

---

Non-opposition to a notified concentration

(Case M.9665 — General Real Estate/Apleona Real Estate/Property Management JV)

(Text with EEA relevance)

(2020/C 83/01)

On 5 March 2020, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9665. EUR-Lex is the on-line access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9665. EUR-Lex is the on-line access to European law.

---

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

---

| 13.3.2020 | EN | Official Journal of the European Union | C 83/2 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/2

---

Non-opposition to a notified concentration

(Case M.9590 — Oaktree/RAFI)

(Text with EEA relevance)

(2020/C 83/02)

On 11 December 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9590. EUR-Lex is the on-line access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9590. EUR-Lex is the on-line access to European law.

---

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

---

| 13.3.2020 | EN | Official Journal of the European Union | C 83/3 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/3

---

Non-opposition to a notified concentration

(Case M.9740 — ISQ/Rubis/Rubis Terminal)

(Text with EEA relevance)

(2020/C 83/03)

On 6 March 2020, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9740. EUR-Lex is the on-line access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9740. EUR-Lex is the on-line access to European law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 13.3.2020 | EN | Official Journal of the European Union | C 83/4 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/4

---

Euro exchange rates (1)

12 March 2020

(2020/C 83/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1240 |
| JPY | Japanese yen | 116,84 |
| DKK | Danish krone | 7,4727 |
| GBP | Pound sterling | 0,88623 |
| SEK | Swedish krona | 10,8945 |
| CHF | Swiss franc | 1,0549 |
| ISK | Iceland króna | 148,64 |
| NOK | Norwegian krone | 11,3682 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,203 |
| HUF | Hungarian forint | 338,37 |
| PLN | Polish zloty | 4,3599 |
| RON | Romanian leu | 4,8213 |
| TRY | Turkish lira | 7,0361 |
| AUD | Australian dollar | 1,7674 |
| CAD | Canadian dollar | 1,5524 |
| HKD | Hong Kong dollar | 8,7466 |
| NZD | New Zealand dollar | 1,8173 |
| SGD | Singapore dollar | 1,5779 |
| KRW | South Korean won | 1 359,40 |
| ZAR | South African rand | 18,4447 |
| CNY | Chinese yuan renminbi | 7,8877 |
| HRK | Croatian kuna | 7,6000 |
| IDR | Indonesian rupiah | 16 434,00 |
| MYR | Malaysian ringgit | 4,7944 |
| PHP | Philippine peso | 57,645 |
| RUB | Russian rouble | 84,0284 |
| THB | Thai baht | 35,586 |
| BRL | Brazilian real | 5,5081 |
| MXN | Mexican peso | 24,8028 |
| INR | Indian rupee | 83,4680 |

Currency

Exchange rate

USD

US dollar

1,1240

JPY

Japanese yen

116,84

DKK

Danish krone

7,4727

GBP

Pound sterling

0,88623

SEK

Swedish krona

10,8945

CHF

Swiss franc

1,0549

ISK

Iceland króna

148,64

NOK

Norwegian krone

11,3682

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,203

HUF

Hungarian forint

338,37

PLN

Polish zloty

4,3599

RON

Romanian leu

4,8213

TRY

Turkish lira

7,0361

AUD

Australian dollar

1,7674

CAD

Canadian dollar

1,5524

HKD

Hong Kong dollar

8,7466

NZD

New Zealand dollar

1,8173

SGD

Singapore dollar

1,5779

KRW

South Korean won

1 359,40

ZAR

South African rand

18,4447

CNY

Chinese yuan renminbi

7,8877

HRK

Croatian kuna

7,6000

IDR

Indonesian rupiah

16 434,00

MYR

Malaysian ringgit

4,7944

PHP

Philippine peso

57,645

RUB

Russian rouble

84,0284

THB

Thai baht

35,586

BRL

Brazilian real

5,5081

MXN

Mexican peso

24,8028

INR

Indian rupee

83,4680

---

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

---

| 13.3.2020 | EN | Official Journal of the European Union | C 83/5 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/5

---

Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 April 2020

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

(2020/C 83/05)

Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6.). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basispoints has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basispoints to the base rate.

Modified rates are indicated in bold.

Previous table published in OJ C 64, 27.2.2020, p. 16.

| From | To | AT | BE | BG | CY | CZ | DE | DK | EE | EL | ES | FI | FR | HR | HU | IE | IT | LT | LU | LV | MT | NL | PL | PT | RO | SE | SI | SK | UK |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1.4.2020 | ... | -0,31 | -0,31 | 0,00 | -0,31 | 2,25 | -0,31 | -0,05 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | 0,26 | 0,40 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | 1,84 | -0,31 | 3,21 | 0,26 | -0,31 | -0,31 | 0,94 |
| 1.3.2020 | 31.3.2020 | -0,31 | -0,31 | 0,00 | -0,31 | 2,25 | -0,31 | -0,05 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | 0,26 | 0,30 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | 1,84 | -0,31 | 3,21 | 0,26 | -0,31 | -0,31 | 0,94 |
| 1.2.2020 | 29.2.2020 | -0,31 | -0,31 | 0,00 | -0,31 | 2,25 | -0,31 | -0,07 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | 0,26 | 0,30 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | 1,84 | -0,31 | 3,21 | 0,18 | -0,31 | -0,31 | 0,94 |
| 1.1.2020 | 31.1.2020 | -0,31 | -0,31 | 0,00 | -0,31 | 2,25 | -0,31 | -0,12 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | 0,26 | 0,30 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | -0,31 | 1,84 | -0,31 | 3,21 | 0,11 | -0,31 | -0,31 | 0,94 |

From

To

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK

1.4.2020

...

-0,31

-0,31

0,00

-0,31

2,25

-0,31

-0,05

-0,31

-0,31

-0,31

-0,31

-0,31

0,26

0,40

-0,31

-0,31

-0,31

-0,31

-0,31

-0,31

-0,31

1,84

-0,31

3,21

0,26

-0,31

-0,31

0,94

1.3.2020

31.3.2020

-0,31

-0,31

0,00

-0,31

2,25

-0,31

-0,05

-0,31

-0,31

-0,31

-0,31

-0,31

0,26

0,30

-0,31

-0,31

-0,31

-0,31

-0,31

-0,31

-0,31

1,84

-0,31

3,21

0,26

-0,31

-0,31

0,94

1.2.2020

29.2.2020

-0,31

-0,31

0,00

-0,31

2,25

-0,31

-0,07

-0,31

-0,31

-0,31

-0,31

-0,31

0,26

0,30

-0,31

-0,31

-0,31

-0,31

-0,31

-0,31

-0,31

1,84

-0,31

3,21

0,18

-0,31

-0,31

0,94

1.1.2020

31.1.2020

-0,31

-0,31

0,00

-0,31

2,25

-0,31

-0,12

-0,31

-0,31

-0,31

-0,31

-0,31

0,26

0,30

-0,31

-0,31

-0,31

-0,31

-0,31

-0,31

-0,31

1,84

-0,31

3,21

0,11

-0,31

-0,31

0,94

---

NOTICES FROM MEMBER STATES

| 13.3.2020 | EN | Official Journal of the European Union | C 83/6 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/6

---

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

(2020/C 83/06)

Notice of concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas

SECTION I: LEGAL BASIS

| 1. | Article 49ec(2) of the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended). |
| --- | --- |

1.

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

2.

SECTION II: ENTITY INVITING BIDS

| Name: Ministry of Climate |
| --- |
| Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| Tel. +48 223692449 |
| Fax +48 223692460 |
| Website: www.gov.pl/web/klimat |

Name: Ministry of Climate

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

Tel. +48 223692449

Fax +48 223692460

Website: www.gov.pl/web/klimat

SECTION III: SUBJECT OF THE PROCEDURE

1.   Information on the submission of concession applications

A concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Lubycza Królewska’ area was submitted to the concession authority.

2.   Type of activities for which the concession is to be granted

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Lubycza Królewska’ area, part of concession blocks Nos 359, 379, 380 and 400.

3.   Area within which the activities are to be conducted

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

| No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 301 500,83 | 806 150,65 |
| 2 | 302 437,73 | 807 201,96 |
| 3 | 305 929,52 | 811 824,28 |
| 4 | 303 415,49 | 814 790,78 |
| 5 | 280 479,47 | 828 419,49 |
| along the State border |
| 6 | 273 128,78 | 822 130,05 |
| 7 | 280 963,52 | 818 796,91 |
| 8 | 289 140,35 | 813 815,29 |
| 9 | 298 418,29 | 808 664,90 |

No

X [PL-1992]

Y [PL-1992]

1

301 500,83

806 150,65

2

302 437,73

807 201,96

3

305 929,52

811 824,28

4

303 415,49

814 790,78

5

280 479,47

828 419,49

along the State border

6

273 128,78

822 130,05

7

280 963,52

818 796,91

8

289 140,35

813 815,29

9

298 418,29

808 664,90

The surface area of the vertical projection of the area is 258,22 km2.

Administrative location:

Lubelskie Province, Tomaszów Lubelski District: the rural municipalities of Bełżec, Jarczów, Tarnawatka and Tomaszów Lubelski, the urban-rural municipality of Lubycza Królewska, and the urban municipality of Tomaszów Lubelski;

Podkarpackie Province, Lubaczów District: the rural municipality of Horyniec Zdrój.

4.   Deadline for the submission of concession applications by other entities interested in the activity for which the concession is to be granted, not less than 90 days from the date of publication of the notice in the Official Journal of the European Union

Concession applications must be submitted to the Ministry of Climate no later than 12:00 noon (CET/CEST) on the last day of the 180-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

5.   Assessment criteria for concession applications and specification of their weighting, set with due regard to Article 49k(1), (1a) and (3) of the Geological and Mining Law Act

Applications received will be assessed on the basis of the following criteria:

| 30 % | – | scope and schedule of the geological works, including geological operations, or mining operations proposed; |
| --- | --- | --- |
| 20 % | – | scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores; |
| 20 % | – | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| 20 % | – | the proposed technology for conducting geological works, including geological operations, or mining operations; |
| 5 % | – | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 5 % | – | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection. |

30 %

–

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

20 %

–

scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores;

20 %

–

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

20 %

–

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

5 %

–

technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

5 %

–

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

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

SECTION IV: FURTHER INFORMATION

IV.1)   Applications should be sent to the following address:

| Ministerstwo Klimatu [Ministry of Climate] |
| --- |
| Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department] |
| ul. Wawelska 52/54, 00-922 Warsaw, Poland |

Ministerstwo Klimatu [Ministry of Climate]

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

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

IV.2)   Information may be obtained from:

| — | the website of the Ministry of Climate: https://www.gov.pl/web/klimat |
| --- | --- |

—

the website of the Ministry of Climate: https://www.gov.pl/web/klimat

| — | and from the Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department]





  Ministerstwo Klimatu [Ministry of Climate] |
| --- | --- |
| ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| Tel. + 48 223692449 |
| Fax + 48 223692460 |
| Email: dgk@mos.gov.pl |

—

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

Ministerstwo Klimatu [Ministry of Climate]

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

Tel. + 48 223692449

Fax + 48 223692460

Email: dgk@mos.gov.pl

IV.3)   Qualification decision

Concession applications may be submitted by entities in respect of which a decision has been issued confirming the positive outcome of a qualification procedure, as provided for in Article 49a(17) of the Geological and Mining Law Act.

IV.4)   Minimum fee for establishing mining usufruct rights

The minimum amount of the fee for establishing mining usufruct rights for the ‘Lubycza Królewska’ area during the five-year base period of the prospection and exploration phase is PLN 57 838,70 (fifty-seven thousand, eight hundred and thirty-eight zlotys, seventy grosz) per annum. The annual fee for establishing mining usufruct rights for the purpose of the prospection and exploration of minerals is indexed to average annual consumer price indices set cumulatively for the period from the conclusion of the agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette).

IV.5)   Granting of the concession and establishment of mining usufruct

The concession authority, having obtained the opinions or agreements required under the Geological and Mining Law Act, will grant concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons:

| 1) | to the entity submitting the concession application which is awarded the highest score, or |
| --- | --- |

1)

to the entity submitting the concession application which is awarded the highest score, or

| 2) | where a concession application submitted jointly by several entities is awarded the highest score, to the parties to the cooperation agreement – once that agreement has been submitted to the concession authority
  and, at the same time, will not grant concessions to other entities (Article 49ee(1) of the Geological and Mining Law Act) |
| --- | --- |

2)

where a concession application submitted jointly by several entities is awarded the highest score, to the parties to the cooperation agreement – once that agreement has been submitted to the concession authority

and, at the same time, will not grant concessions to other entities (Article 49ee(1) of the Geological and Mining Law Act)

The concession authority will conclude a mining usufruct contract with the entity submitting the concession application which is awarded the highest score and, where a concession application submitted jointly by several entities is awarded the highest score, with all entities which submitted the joint application (Article 49ee(2) of the Geological and Mining Law Act). In order to be able to carry out activities involving the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons in Poland, an operator must hold both mining usufruct rights and a concession.

IV.6)   Requirements to be met by concession applications and documents required from applicants

Article 49eb of the Geological and Mining Law Act sets out the parts comprising the concession application.

The age of geological formations where geological works will be carried out (geological purpose) should be indicated as the purpose of the works, including geological operations.

IV.7)   Minimum deposit exploration category

Category C is the minimum exploration category for oil and natural gas deposits in the ‘Lubycza Królewska’ area.

---

| 13.3.2020 | EN | Official Journal of the European Union | C 83/10 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/10

---

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

(2020/C 83/07)

Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Bestwina-Czechowice’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended). |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

| Name: Ministry of Climate |
| --- |
| Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| Tel. +48 223692449 |
| Fax +48 223692460 |
| Website: www.gov.pl/web/klimat |

Name: Ministry of Climate

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

Tel. +48 223692449

Fax +48 223692460

Website: www.gov.pl/web/klimat

SECTION III: SUBJECT OF THE PROCEDURE

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

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Bestwina-Czechowice’ area, part of concession blocks Nos 410 and 411.

2.   Area within which the activities are to be conducted

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

| Point No | 1992 coordinate system |
| --- | --- |
| X | Y |
| 1 | 229 422,37 | 493 418,39 |
| 2 | 229 341,87 | 499 174,04 |
| 3 | 229 313,02 | 499 187,43 |
| 4 | 229 289,57 | 500 124,17 |
| 5 | 226 858,38 | 500 124,08 |
| 6 | 226 943,36 | 507 622,42 |
| 7 | 222 293,28 | 507 622,86 |
| 8 | 222 190,12 | 494 662,22 |
| 9 | 222 153,81 | 493 303,33 |

Point No

1992 coordinate system

X

Y

1

229 422,37

493 418,39

2

229 341,87

499 174,04

3

229 313,02

499 187,43

4

229 289,57

500 124,17

5

226 858,38

500 124,08

6

226 943,36

507 622,42

7

222 293,28

507 622,86

8

222 190,12

494 662,22

9

222 153,81

493 303,33

The surface area of the vertical projection of the area covered by this bidding procedure is 83,25 km2.

The lower boundary of the area is at a depth of 2 500 m bgl.

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

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

Bids must be submitted to the headquarters of the Ministry of Climate no later than 12.00 CET/CEST on the last day of the 180-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

30 % - scope and schedule of the geological works, including geological operations, or mining operations proposed;

20 %- scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores;

20 %- financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing;

20 %- the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project;

5 %- technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

5 %- experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection.

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

5.   Minimum scope of geological information

When submitting a bid it is not required to demonstrate the right to use geological information.

When entering the extraction phase, an undertaking is obliged to provide evidence of the existence of the right to use geological information to the extent necessary for the pursuit of its activities.

6.   Commencement date of activities

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

7.   Minimum scope of geological works, including geological operations, or mining operations

Carrying out, processing and interpreting or reprocessing and reinterpreting 30 km of geophysical surveys – 2D seismic test or 15 km2 of geophysical surveys – 3D seismic test.

Drilling a prospection borehole to a maximum depth of 2 500 m.

8.   Period for which the concession is to be granted

The concession period is 30 years, including:

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

—

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

| — | an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained.

9.   Specific conditions for carrying out the activities and for ensuring public safety, public health, environmental protection and rational management of deposits

The geophysical surveys or reprocessing and reinterpretation of geophysical surveys will commence within 24 months from the date on which the decision granting the concession becomes final.

The geological operations (borehole drilling) will commence within 42 months from the date on which the decision granting the concession becomes final.

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

Category C is the minimum exploration category for oil and natural gas deposits.

10.   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

11.   Information concerning the amount of the fee for establishing mining usufruct rights

The minimum amount of the fee for establishing mining usufruct rights for the ‘Bestwina-Czechowice’ area during the five-year base period is PLN 18 647,17 (in words: eighteen thousand, six hundred and forty-seven zlotys, seventeen grosz) per annum.

Detailed terms of payment are to be found in the annex referred to in point 10.

12.   Information concerning requirements to be met by bids and documents required from bidders

| 1. | Bids should specify:






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

1.

Bids should specify:

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

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

(7)

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

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

(8)

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

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

(9)

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

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

(10)

the scope of the geological information available to the bidder;

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

(11)

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

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

(12)

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

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

(13)

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

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

14)

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

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

(15)

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

| (16) | if a bid is submitted jointly by several entities, it must additionally specify:






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

(16)

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

(a)

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

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

(b)

the operator;

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

(c)

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

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

2.

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

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






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

3.

The following documents are to be enclosed with bids:

(1)

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

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

(2)

proof that a deposit has been lodged;

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

(3)

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

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

(4)

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

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

(5)

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

| (6) | two copies of a geological operations project. |
| --- | --- |

(6)

two copies of a geological operations project.

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

4.

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

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

5.

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

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

6.

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

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

7.

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

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

8.

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

13.   Information concerning the manner of lodging a deposit, the amount of the deposit and the payment date

Bidders are required to lodge a deposit of PLN 1 000 (in words: one thousand zlotys) before the expiry of the time limit for the submission of bids.

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Additional explanations

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Biuletyn Informacji Publicznej (Public Information Bulletin), on the page of the administrative office subordinate to that authority.

IV.3)   Additional information

Full information about the area covered by the bidding procedure has been compiled by the Polish Geological Service in the Pakiet danych geologiscznych do postepowania przetargowego – obszar przetargowy Bestwina-Czechowice (Geological Data Pack for bidding procedure – Bestwina-Czechowice area), which is available on the Ministry of Climate website (https://bip.mos.gov.pl/koncesje-geologiczne/przetargi-na-koncesje-na-poszukiwanie-rozpoznawanie-i-wydobywanie-weglowodorow/czwarta-runda-przetargow-2019/) and from

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

| Ministerstwo Klimatu (Ministry of Climate) |
| --- |
| ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| Tel. +48 223692449 |
| Fax +48 223692460 |

Ministerstwo Klimatu (Ministry of Climate)

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

Tel. +48 223692449

Fax +48 223692460

---

ANNEX

AGREEMENT

establishing mining usufruct rights for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Bestwina-Czechowice’ area (part of concession blocks Nos 410 and 411), hereinafter referred to as ‘the Agreement’

concluded at Warsaw on ... between:

the State Treasury, ........., hereinafter referred to as ‘the State Treasury’,

and

...(name of undertaking) having its registered office at ... (full address), registered on ... under KRS (National Court Register) No ..., share capital ..., represented by ..., hereinafter referred to as ‘the Holder of Mining Usufruct Rights’,

hereinafter each referred to singly as a ‘Party’ or jointly as ‘the Parties’,

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth’s crust covering the area within the municipalities of Czechowice-Dziedzice, Jasienica, Bestwina, Wilamowice and Goczałkowice-Zdrój and the town of Bielsko-Biała in Śląskie Province, the boundaries of which are defined by lines joining points (1) to (9) having the following coordinates in the PL-1992 coordinate system:







  Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 229 422,37 | 493 418,39 |
| 2 | 229 341,87 | 499 174,04 |
| 3 | 229 313,02 | 499 187,43 |
| 4 | 229 289,57 | 500 124,17 |
| 5 | 226 858,38 | 500 124,08 |
| 6 | 226 943,36 | 507 622,42 |
| 7 | 222 293,28 | 507 622,86 |
| 8 | 222 190,12 | 494 662,22 |
| 9 | 222 153,81 | 493 303,33 |

1.

Point No

X [PL-1992]

Y [PL-1992]

1

229 422,37

493 418,39

2

229 341,87

499 174,04

3

229 313,02

499 187,43

4

229 289,57

500 124,17

5

226 858,38

500 124,08

6

226 943,36

507 622,42

7

222 293,28

507 622,86

8

222 190,12

494 662,22

9

222 153,81

493 303,33

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 2 500 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Bestwina-Czechowice’ area (part of concession blocks Nos 410 and 411) within one year from the date of the Agreement being concluded.

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

2.

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






  (1) | in Miocene and Palaeozoic (Carboniferous, Devonian) formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits; |
| --- | --- | --- |

3.

(1)

in Miocene and Palaeozoic (Carboniferous, Devonian) formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits;

| (2) | in the rest of the area, carry out any operations and activities that are necessary in order to gain access to the Miocene and Palaeozoic (Carboniferous, Devonian) formations. |
| --- | --- |

(2)

in the rest of the area, carry out any operations and activities that are necessary in order to gain access to the Miocene and Palaeozoic (Carboniferous, Devonian) formations.

| 4. | The surface area of the vertical projection of the area described above is 83,25 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

The Holder of Mining Usufruct Rights declares that it raises no objections to the factual and legal status of the subject of the mining usufruct rights.

Section 3

| 1. | The Agreement shall take effect on the date on which the concession is obtained. |
| --- | --- |

1.

| 2. | The mining usufruct rights shall be established for a period of 30 years, including 5 years for the prospection and exploration phase and 25 years for the extraction phase, subject to Sections 8(2) and 10. |
| --- | --- |

2.

| 3. | The mining usufruct rights shall expire if the concession expires, is withdrawn or becomes invalid, irrespective of the reason. |
| --- | --- |

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

| 3. | The fee specified in paragraph 1 shall be indexed to the average annual consumer price indices set for the period from the conclusion of the Agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Polish Official Gazette (Monitor Polski). If this index for a given year is less than or equal to zero, there shall be no indexation for that year. |
| --- | --- |

3.

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

4.

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

5.

| 6. | If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the Agreement before the time limit specified in Section 3(2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 10(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 3(1) and (2), indexed in accordance with paragraph 3 and without prejudice to the contractual penalty referred to in Section 10(2). The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits. |
| --- | --- |

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the State Treasury held at ... (name of bank), bearing the number: ..., including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession in the Bestwina-Czechowice area’.
  The date of payment shall be the date on which the State Treasury’s account is credited. |
| --- | --- |

7.

The date of payment shall be the date on which the State Treasury’s account is credited.

| 8. | The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended with the result that the activities which are the subject of the Agreement are subject to taxation, or if the interpretation of legislation changes with the result that those activities are subject to VAT, the amount of the fee shall be increased by the amount of tax due. |
| --- | --- |

8.

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

9.

| 10. | The fee for the establishment of mining usufruct rights shall be payable to the State Treasury irrespective of the income which the Holder of Mining Usufruct Rights earns from using those rights. |
| --- | --- |

10.

| 11. | The Holder of Mining Usufruct Rights shall send the State Treasury, within seven days from the payment date, copies of proof of payment of the fee referred to in paragraph 1 for the establishment of the mining usufruct rights. |
| --- | --- |

11.

Section 8

| 1. | After the Holder of Mining Usufruct Rights obtains an investment decision specifying the conditions for the extraction of oil or natural gas, the Parties shall, within 30 days from the date of that decision, sign an addendum to the Agreement specifying the conditions for the implementation of the Agreement during the extraction phase and the amount of the fee for mining usufruct rights in the area specified in Section 1(1) for each year of mining usufruct during the extraction phase. |
| --- | --- |

1.

| 2. | If, within 30 days of the date of the investment decision specifying the conditions for the extraction of oil or natural gas the addendum referred to in paragraph 1 has not been concluded, the mining usufruct rights shall expire. |
| --- | --- |

2.

Section 9

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

Section 10

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

1.

| 2. | If the Agreement is terminated for the reasons specified in paragraphs 1 or 4, the Holder of Mining Usufruct Rights shall pay to the State Treasury a contractual penalty of 25 % of the fee for the entire prospection and exploration phase of mining usufruct, as specified in Section 3(1) and (2), indexed in accordance with Section 7(3). |
| --- | --- |

2.

| 3. | If the Holder of Mining Usufruct Rights delays payment of the fee by more than 7 days beyond the deadlines specified in Section 7(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within 7 days from the receipt of the request, failing which the Agreement will be terminated with immediate effect. |
| --- | --- |

3.

| 4. | If the Holder of Mining Usufruct Rights fails to inform the State Treasury of the events referred to in Section 4 within 30 days of their occurrence, the State Treasury may impose on the Holder of Mining Usufruct Rights a contractual penalty of 5 % of the fee for the entire prospection and exploration phase of mining usufruct for each instance of failure to provide information, or terminate the Agreement in whole or in part, subject to 30 days’ notice effective at the end of the calendar month. |
| --- | --- |

4.

| 5. | The Holder of Mining Usufruct Rights shall be bound by the Agreement until the date of expiry, withdrawal or invalidity of the concession and may not terminate the Agreement. |
| --- | --- |

5.

| 6. | The Agreement shall be terminated in writing, failing which the termination will be invalid. |
| --- | --- |

6.

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

7.

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

8.

Section 11

| 1. | The Parties have provided the following contact details for correspondence:






  (1) | State Treasury: |
| --- | --- | --- |

1.

(1)

State Treasury:

... (address).

| (2) | Holder of Mining Usufruct Rights: |
| --- | --- |

(2)

Holder of Mining Usufruct Rights:

... (address).

| 2. | The Parties are obliged to inform each other in writing without delay of any change to the contact details indicated in paragraph 1. Such a change shall not require an addendum to the Agreement. Correspondence sent to a Party’s most recently provided contact address shall be deemed to have been effectively served on the other Party. |
| --- | --- |

2.

| 3. | Each of the Parties shall serve correspondence on the other Party in person, by courier or by registered letter using the contact details most recently provided by the Party. |
| --- | --- |

3.

| 4. | Registered letters sent to the most recently provided address of a Party and returned by the post office or courier company owing to the addressee not having collected it on time will be treated as having been effectively served once fourteen days have passed from the first delivery attempt. |
| --- | --- |

4.

Section 12

| 1. | The parties shall not be liable for failure to comply with obligations under the Agreement resulting from force majeure if it can be proven that damage caused by force majeure influenced the failure to comply with the obligations. ‘Force majeure’ shall mean an external event that the Parties could not have predicted or prevented that makes it impossible for the Agreement to be implemented in whole or in part, permanently or for a given period, which a Party could not have counteracted by exercising due diligence and which did not result from errors or negligence on the part of the Party affected by it. |
| --- | --- |

1.

| 2. | In the event of force majeure, the Parties shall immediately make every effort to agree on a course of action. |
| --- | --- |

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

This Agreement shall be governed by Polish law, in particular the provisions of the Geological and Mining Law Act and of the Civil Code.

Section 17

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

Section 18

Amendments to the Agreement shall be made in writing, failing which they will be invalid.

Section 19

The Agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the State Treasury).

State Treasury

Holder of Mining Usufruct Rights

---

| 13.3.2020 | EN | Official Journal of the European Union | C 83/21 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/21

---

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

(2020/C 83/08)

Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Pyrzyce’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended). |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

| Name: Ministry of Climate |
| --- |
| Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| Tel. +48 223692449 |
| Fax +48 223692460 |
| Website: www.gov.pl/web/klimat |

Name: Ministry of Climate

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

Tel. +48 223692449

Fax +48 223692460

Website: www.gov.pl/web/klimat

SECTION III: SUBJECT OF THE PROCEDURE

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

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Pyrzyce’ area, concession block 142 and part of concession block 162.

2.   Area within which the activities are to be conducted

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

| Point No | 1992 coordinate system |
| --- | --- |
| X | Y |
| 1 | 607 760,99 | 199 928,41 |
| 2 | 605 776,69 | 233 253,30 |
| 3 | 570 804,18 | 231 298,33 |
| 4 | 572 915,76 | 197 736,11 |

Point No

1992 coordinate system

X

Y

1

607 760,99

199 928,41

2

605 776,69

233 253,30

3

570 804,18

231 298,33

4

572 915,76

197 736,11

The surface area of the vertical projection of the area covered by this bidding procedure is 1 171,72 km2.

The lower boundary of the area is at a depth of 4 200 m bgl.

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

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

Bids must be submitted to the headquarters of the Ministry of Climate no later than 12.00 CET/CEST on the last day of the 180-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | – | scope and schedule of the geological works, including geological operations, or mining operations proposed; |
| --- | --- | --- |
| 20 % | – | scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores; |
| 20 % | – | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| 20 % | – | the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project; |
| 5 % | – | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 5 % | – | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection. |

30 %

–

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

20 %

–

scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores;

20 %

–

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

20 %

–

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

5 %

–

technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

5 %

–

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

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

5.   Minimum scope of geological information

When submitting a bid it is not required to demonstrate the right to use geological information.

When entering the extraction phase, an undertaking is obliged to provide evidence of the existence of the right to use geological information to the extent necessary for the pursuit of its activities.

6.   Commencement date of activities

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

7.   Minimum scope of geological works, including geological operations, or mining operations

Carrying out, processing and interpreting or reprocessing and reinterpreting 50 km of geophysical surveys – 2D seismic test or 25 km2 of geophysical surveys – 3D seismic test.

Drilling a prospection borehole to a maximum depth of 4 200 m.

8.   Period for which the concession is to be granted

The concession period is 30 years, including:

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

—

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

| — | an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained.

9.   Specific conditions for carrying out the activities and for ensuring public safety, public health, environmental protection and rational management of deposits

The geophysical surveys or reprocessing and reinterpreting of geophysical surveys will commence within 24 months from the date on which the decision granting the concession becomes final.

The geological operations (borehole drilling) will commence within 42 months from the date on which the decision granting the concession becomes final.

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

Category C is the minimum exploration category for oil and natural gas deposits.

10.   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

11.   Information concerning the amount of the fee for establishing mining usufruct rights

The minimum amount of the fee for establishing mining usufruct rights for the ‘Pyrzyce’ area during the five-year base period is PLN 262 453,56 (in words: two hundred and sixty-two thousand, four hundred and fifty-three zlotys, fifty-six grosz) per annum.

Detailed terms of payment are to be found in the annex referred to in point 10.

12.   Information concerning requirements to be met by bids and documents required from bidders

| 1. | Bids should specify:






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

1.

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

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

(7)

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

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

(8)

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

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

(9)

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

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

(10)

the scope of the geological information available to the bidder;

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

(11)

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

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

(12)

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

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

(13)

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

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

(14)

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

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

(15)

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

| (16) | if a bid is submitted jointly by several entities, it must additionally specify:






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

(16)

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

(a)

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

| (b) | the operator, |
| --- | --- |

(b)

the operator,

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

(c)

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

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

2.

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






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

3.

(1)

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

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

(2)

proof that a deposit has been lodged;

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

(3)

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

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

(4)

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

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

(5)

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

| (6) | two copies of a geological operations project. |
| --- | --- |

(6)

two copies of a geological operations project.

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

4.

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

5.

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

6.

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

7.

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

8.

13.   Information concerning the manner of lodging a deposit, the amount of the deposit and the payment date

Bidders are required to lodge a deposit of PLN 1 000 (in words: one thousand zlotys) before the expiry of the time limit for the submission of bids.

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Additional explanations

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Biuletyn Informacji Publicznej (Public Information Bulletin), on the page of the administrative office subordinate to that authority.

IV.3)   Additional information

Full information about the area covered by the bidding procedure has been compiled by the Polish Geological Service in the Pakiet danych geologiscznych do postepowania przetargowego – obszar przetargowy Pyrzyce (Geological Data Pack for bidding procedure – Pyrzyce area), which is available on the Ministry of Climate website (https://bip.mos.gov.pl/koncesje-geologiczne/przetargi-na-koncesje-na-poszukiwanie-rozpoznawanie-i-wydobywanie-weglowodorow/czwarta-runda-przetargow-2019/) and from

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

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

Ministerstwo Klimatu (Ministry of Climate)

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

Fax +48 223692460

---

ANNEX

AGREEMENT

establishing mining usufruct rights for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Pyrzyce’ area (concession block No 142 and part of concession block No 162), hereinafter referred to as ‘the Agreement’

concluded at Warsaw on ... between:

the State Treasury, ........., hereinafter referred to as ‘the State Treasury’,

and

... (name of undertaking) having its registered office at ... (full address), registered on ... under KRS (National Court Register) No ..., share capital ..., represented by ..., hereinafter referred to as ‘the Holder of Mining Usufruct Rights’,

hereinafter each referred to singly as a ‘Party’ or jointly as ‘the Parties’,

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth’s crust covering the area within the municipalities of Stare Czarnowo, Widuchowa, Banie, Nowogródek Pomorski, Przelewice, Warnice, Bielice, Kozielice and Stargard and the urban-rural municipalities of Chojna, Trzcińsko Zdrój, Gryfino, Myślibórz, Lipiany and Pyrzyce in Zachodniopomorskie Province, the boundaries of which are defined by lines joining points (1) to (4) having the following coordinates in the PL-1992 coordinate system:







  Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 607 760,99 | 199 928,41 |
| 2 | 605 776,69 | 233 253,30 |
| 3 | 570 804,18 | 231 298,33 |
| 4 | 572 915,76 | 197 736,11 |

1.

Point No

X [PL-1992]

Y [PL-1992]

1

607 760,99

199 928,41

2

605 776,69

233 253,30

3

570 804,18

231 298,33

4

572 915,76

197 736,11

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 4 200 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Pyrzyce’ area (concession block No 142 and part of concession block No 1623) within one year from the date of the Agreement being concluded.

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

2.

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






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

3.

(1)

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

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

(2)

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

| 4. | The surface area of the vertical projection of the area described above is 1 171,72 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

The Holder of Mining Usufruct Rights declares that it raises no objections to the factual and legal status of the subject of the mining usufruct rights.

Section 3

| 1. | The Agreement shall take effect on the date on which the concession is obtained. |
| --- | --- |

1.

| 2. | The mining usufruct rights shall be established for a period of 30 years, including 5 years for the prospection and exploration phase and 25 years for the extraction phase, subject to Sections 8(2) and 10. |
| --- | --- |

2.

| 3. | The mining usufruct rights shall expire if the concession expires, is withdrawn or becomes invalid, irrespective of the reason. |
| --- | --- |

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

| 3. | The fee specified in paragraph 1 shall be indexed to the average annual consumer price indices set for the period from the conclusion of the Agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Polish Official Gazette (Monitor Polski). If this index for a given year is less than or equal to zero, there shall be no indexation for that year. |
| --- | --- |

3.

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

4.

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

5.

| 6. | If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the Agreement before the time limit specified in Section 3(2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 10(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 3(1) and (2), indexed in accordance with paragraph 3 and without prejudice to the contractual penalty referred to in Section 10(2). The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits. |
| --- | --- |

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the State Treasury held at ... (name of bank), bearing the number: ..., including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession in the Pyrzyce area’
  The date of payment shall be the date on which the State Treasury’s account is credited. |
| --- | --- |

7.

The date of payment shall be the date on which the State Treasury’s account is credited.

| 8. | The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended with the result that the activities which are the subject of the Agreement are subject to taxation, or if the interpretation of legislation changes with the result that those activities are subject to VAT, the amount of the fee shall be increased by the amount of tax due. |
| --- | --- |

8.

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

9.

| 10. | The fee for the establishment of mining usufruct rights shall be payable to the State Treasury irrespective of the income which the Holder of Mining Usufruct Rights earns from using those rights. |
| --- | --- |

10.

| 11. | The Holder of Mining Usufruct Rights shall send the State Treasury, within 7 days from the payment date, copies of proof of payment of the fee referred to in paragraph 1 for the establishment of the mining usufruct rights. |
| --- | --- |

11.

Section 8

| 1. | After the Holder of Mining Usufruct Rights obtains an investment decision specifying the conditions for the extraction of oil or natural gas, the Parties shall, within 30 days from the date of that decision, sign an addendum to the Agreement specifying the conditions for the implementation of the Agreement during the extraction phase and the amount of the fee for mining usufruct rights in the area specified in Section 1(1) for each year of mining usufruct during the extraction phase. |
| --- | --- |

1.

| 2. | If, within 30 days of the date of the investment decision specifying the conditions for the extraction of oil or natural gas the addendum referred to in paragraph 1 has not been concluded, the mining usufruct rights shall expire. |
| --- | --- |

2.

Section 9

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

Section 10

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

1.

| 2. | If the Agreement is terminated for the reasons specified in paragraphs 1 or 4, the Holder of Mining Usufruct Rights shall pay to the State Treasury a contractual penalty of 25 % of the fee for the entire prospection and exploration phase of mining usufruct, as specified in Section 3(1) and (2), indexed in accordance with Section 7(3). |
| --- | --- |

2.

| 3. | If the Holder of Mining Usufruct Rights delays payment of the fee by more than 7 days beyond the deadlines specified in Section 7(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within 7 days from the receipt of the request, failing which the Agreement will be terminated with immediate effect. |
| --- | --- |

3.

| 4. | If the Holder of Mining Usufruct Rights fails to inform the State Treasury of the events referred to in Section 4 within 30 days of their occurrence, the State Treasury may impose on the Holder of Mining Usufruct Rights a contractual penalty of 5 % of the fee for the entire prospection and exploration phase of mining usufruct for each instance of failure to provide information, or terminate the Agreement in whole or in part, subject to 30 days’ notice effective at the end of the calendar month. |
| --- | --- |

4.

| 5. | The Holder of Mining Usufruct Rights shall be bound by the Agreement until the date of expiry, withdrawal or invalidity of the concession and may not terminate the Agreement. |
| --- | --- |

5.

| 6. | The Agreement shall be terminated in writing, failing which the termination will be invalid. |
| --- | --- |

6.

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

7.

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

8.

Section 11

| 1. | The Parties have provided the following contact details for correspondence:






  (1) | State Treasury:
  ... (address), |
| --- | --- | --- |

1.

(1)

State Treasury:

... (address),

| (2) | Holder of Mining Usufruct Rights:
  ... (address). |
| --- | --- |

(2)

Holder of Mining Usufruct Rights:

... (address).

| 2. | The Parties are obliged to inform each other in writing without delay of any change to the contact details indicated in paragraph 1. Such a change shall not require an addendum to the Agreement. Correspondence sent to a Party’s most recently provided contact address shall be deemed to have been effectively served on the other Party. |
| --- | --- |

2.

| 3. | Each of the Parties shall serve correspondence on the other Party in person, by courier or by registered letter using the contact details most recently provided by the Party. |
| --- | --- |

3.

| 4. | Registered letters sent to the most recently provided address of a Party and returned by the post office or courier company owing to the addressee not having collected it on time will be treated as having been effectively served once 14 days have passed from the first delivery attempt. |
| --- | --- |

4.

Section 12

| 1. | The parties shall not be liable for failure to comply with obligations under the Agreement resulting from force majeure if it can be proven that damage caused by force majeure influenced the failure to comply with the obligations. ‘Force majeure’ shall mean an external event that the Parties could not have predicted or prevented that makes it impossible for the Agreement to be implemented in whole or in part, permanently or for a given period, which a Party could not have counteracted by exercising due diligence and which did not result from errors or negligence on the part of the Party affected by it. |
| --- | --- |

1.

| 2. | In the event of force majeure, the Parties shall immediately make every effort to agree on a course of action. |
| --- | --- |

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

This Agreement shall be governed by Polish law, in particular the provisions of the Geological and Mining Law Act and of the Civil Code.

Section 17

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

Section 18

Amendments to the Agreement shall be made in writing, failing which they will be invalid.

Section 19

The Agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the State Treasury).

State Treasury

Holder of Mining Usufruct Rights

---

| 13.3.2020 | EN | Official Journal of the European Union | C 83/32 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/32

---

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

(2020/C 83/09)

Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Żabowo’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended). |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

| Name: Ministry of Climate |
| --- |
| Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| Tel. +48 223692449 |
| Fax +48 223692460 |
| Website: www.gov.pl/web/klimat |

Name: Ministry of Climate

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

Tel. +48 223692449

Fax +48 223692460

Website: www.gov.pl/web/klimat

SECTION III: SUBJECT OF THE PROCEDURE

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

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Żabowo’ area, part of concession blocks Nos 83 and 103.

2.   Area within which the activities are to be conducted

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

| Point No | 1992 coordinate system |
| --- | --- |
| X | Y |
| 1 | 673 948,18 | 266 614,09 |
| 2 | 669 360,76 | 269 798,54 |
| 3 | 643 263,52 | 268 511,84 |
| 4 | 645 106,88 | 235 462,62 |
| 5 | 661 436,72 | 236 382,04 |
| 6 | 661 143,42 | 240 603,82 |
| 7 | 664 525,57 | 238 976,42 |
| 8 | 664 755,54 | 236 443,29 |
| 9 | 675 598,09 | 237 055,20 |

Point No

1992 coordinate system

X

Y

1

673 948,18

266 614,09

2

669 360,76

269 798,54

3

643 263,52

268 511,84

4

645 106,88

235 462,62

5

661 436,72

236 382,04

6

661 143,42

240 603,82

7

664 525,57

238 976,42

8

664 755,54

236 443,29

9

675 598,09

237 055,20

The surface area of the vertical projection of the area covered by this bidding procedure is 990,32 km2.

The lower boundary of the area is at a depth of 6 000 m bgl.

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

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

Bids must be submitted to the headquarters of the Ministry of Climate no later than 12.00 CET/CEST on the last day of the 180-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | – | scope and schedule of the geological works, including geological operations, or mining operations proposed; |
| --- | --- | --- |
| 20 % | – | scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores; |
| 20 % | – | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| 20 % | – | the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project; |
| 5 % | – | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 5 % | – | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection. |

30 %

–

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

20 %

–

scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores;

20 %

–

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

20 %

–

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

5 %

–

technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

5 %

–

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

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

5.   Minimum scope of geological information

When submitting a bid it is not required to demonstrate the right to use geological information.

When entering the extraction phase, an undertaking is obliged to provide evidence of the existence of the right to use geological information to the extent necessary for the pursuit of its activities.

6.   Commencement date of activities

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

7.   Minimum scope of geological works, including geological operations, or mining operations

Carrying out, processing and interpreting or reprocessing and reinterpreting 90 km of geophysical surveys – 2D seismic test or 45 km2 of geophysical surveys – 3D seismic test.

Drilling a prospection borehole to a maximum depth of 6 000 m.

8.   Period for which the concession is to be granted

The concession period is 30 years, including:

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

—

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

| — | an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained.

9.   Specific conditions for carrying out the activities and for ensuring public safety, public health, environmental protection and rational management of deposits

The geophysical surveys or reprocessing and reinterpreting of geophysical surveys will commence within 24 months from the date on which the decision granting the concession becomes final.

The geological operations (borehole drilling) will commence within 42 months from the date on which the decision granting the concession becomes final.

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

Category C is the minimum exploration category for oil and natural gas deposits.

10.   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

11.   Information concerning the amount of the fee for establishing mining usufruct rights

The minimum amount of the fee for establishing mining usufruct rights for the ‘Żabowo’ area during the five-year base period is PLN 221 821,78 (in words: two hundred and twenty-one thousand, eight hundred and twenty-one zlotys, seventy-eight grosz) per annum.

Detailed terms of payment are to be found in the annex referred to in point 10.

12.   Information concerning requirements to be met by bids and documents required from bidders

| 1. | Bids should specify:






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

1.

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

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

(7)

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

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

(8)

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

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

(9)

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

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

(10)

the scope of the geological information available to the bidder;

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

(11)

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

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

(12)

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

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

(13)

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

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

(14)

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

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

(15)

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

| (16) | if a bid is submitted jointly by several entities, it must additionally specify:






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

(16)

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

(a)

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

| (b) | the operator, |
| --- | --- |

(b)

the operator,

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

(c)

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

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

2.

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






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

3.

(1)

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

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

(2)

proof that a deposit has been lodged;

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

(3)

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

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

(4)

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

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

(5)

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

| (6) | two copies of a geological operations project. |
| --- | --- |

(6)

two copies of a geological operations project.

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

4.

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

5.

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

6.

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

7.

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

8.

13.   Information concerning the manner of lodging a deposit, the amount of the deposit and the payment date

Bidders are required to lodge a deposit of PLN 1 000 (in words: one thousand zlotys) before the expiry of the time limit for the submission of bids.

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Additional explanations

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Biuletyn Informacji Publicznej (Public Information Bulletin), on the page of the administrative office subordinate to that authority.

IV.3)   Additional information

Full information about the area covered by the bidding procedure has been compiled by the Polish Geological Service in the Pakiet danych geologiscznych do postepowania przetargowego – obszar przetargowy Żabowo (Geological Data Pack for bidding procedure – Żabowo area), which is available on the Ministry of Climate website (https://bip.mos.gov.pl/koncesje-geologiczne/przetargi-na-koncesje-na-poszukiwanie-rozpoznawanie-i-wydobywanie-weglowodorow/czwarta-runda-przetargow-2019/) and from

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

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

Ministerstwo Klimatu (Ministry of Climate)

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

Fax +48 223692460

---

ANNEX

AGREEMENT

establishing mining usufruct rights for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Żabowo’ area (part of concession blocks Nos 83 and 103), hereinafter referred to as ‘the Agreement’

concluded at Warsaw on ... between:

the State Treasury, ............, hereinafter referred to as ‘the State Treasury’,

and

...(name of undertaking) having its registered office at ... (full address), registered on ... under KRS (National Court Register) No ..., share capital ..., represented by ..., hereinafter referred to as ‘the Holder of Mining Usufruct Rights’,

hereinafter each referred to singly as a ‘Party’ or jointly as ‘the Parties’,

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth’s crust covering the area within the municipalities of Radowo Małe and Osina and the urban-rural municipalities of Maszewo, Nowogard, Płoty, Golczewo, Gryfice, Dobra, Łobez, Resko and Węgorzyno in Zachodniopomorskie Province, the boundaries of which are defined by lines joining points (1) to (9) having the following coordinates in the PL-1992 coordinate system:







  Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 673 948,18 | 266 614,09 |
| 2 | 669 360,76 | 269 798,54 |
| 3 | 643 263,52 | 268 511,84 |
| 4 | 645 106,88 | 235 462,62 |
| 5 | 661 436,72 | 236 382,04 |
| 6 | 661 143,42 | 240 603,82 |
| 7 | 664 525,57 | 238 976,42 |
| 8 | 664 755,54 | 236 443,29 |
| 9 | 675 598,09 | 237 055,20 |

1.

Point No

X [PL-1992]

Y [PL-1992]

1

673 948,18

266 614,09

2

669 360,76

269 798,54

3

643 263,52

268 511,84

4

645 106,88

235 462,62

5

661 436,72

236 382,04

6

661 143,42

240 603,82

7

664 525,57

238 976,42

8

664 755,54

236 443,29

9

675 598,09

237 055,20

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 6 000 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Żabowo’ area (part of concession blocks Nos 83 and 103) within one year from the date of the Agreement being concluded.

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

2.

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






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

3.

(1)

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

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

(2)

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

| 4. | The surface area of the vertical projection of the area described above is 990,32 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

The Holder of Mining Usufruct Rights declares that it raises no objections to the factual and legal status of the subject of the mining usufruct rights.

Section 3

| 1. | The Agreement shall take effect on the date on which the concession is obtained. |
| --- | --- |

1.

| 2. | The mining usufruct rights shall be established for a period of 30 years, including 5 years for the prospection and exploration phase and 25 years for the extraction phase, subject to Sections 8(2) and 10. |
| --- | --- |

2.

| 3. | The mining usufruct rights shall expire if the concession expires, is withdrawn or becomes invalid, irrespective of the reason. |
| --- | --- |

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

| 3. | The fee specified in paragraph 1 shall be indexed to the average annual consumer price indices set for the period from the conclusion of the Agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Polish Official Gazette (Monitor Polski). If this index for a given year is less than or equal to zero, there shall be no indexation for that year. |
| --- | --- |

3.

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

4.

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

5.

| 6. | If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the Agreement before the time limit specified in Section 3(2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 10(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 3(1) and (2), indexed in accordance with paragraph 3 and without prejudice to the contractual penalty referred to in Section 10(2). The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits. |
| --- | --- |

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the State Treasury held at... (name of bank), bearing the number: ..., including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession in the Żabowo area’.
  The date of payment shall be the date on which the State Treasury’s account is credited. |
| --- | --- |

7.

The date of payment shall be the date on which the State Treasury’s account is credited.

| 8. | The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended with the result that the activities which are the subject of the Agreement are subject to taxation, or if the interpretation of legislation changes with the result that those activities are subject to VAT, the amount of the fee shall be increased by the amount of tax due. |
| --- | --- |

8.

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

9.

| 10. | The fee for the establishment of mining usufruct rights shall be payable to the State Treasury irrespective of the income which the Holder of Mining Usufruct Rights earns from using those rights. |
| --- | --- |

10.

| 11. | The Holder of Mining Usufruct Rights shall send the State Treasury, within 7 days from the payment date, copies of proof of payment of the fee referred to in paragraph 1 for the establishment of the mining usufruct rights. |
| --- | --- |

11.

Section 8

| 1. | After the Holder of Mining Usufruct Rights obtains an investment decision specifying the conditions for the extraction of oil or natural gas, the Parties shall, within 30 days from the date of that decision, sign an addendum to the Agreement specifying the conditions for the implementation of the Agreement during the extraction phase and the amount of the fee for mining usufruct rights in the area specified in Section 1(1) for each year of mining usufruct during the extraction phase. |
| --- | --- |

1.

| 2. | If, within 30 days of the date of the investment decision specifying the conditions for the extraction of oil or natural gas the addendum referred to in paragraph 1 has not been concluded, the mining usufruct rights shall expire. |
| --- | --- |

2.

Section 9

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

Section 10

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

1.

| 2. | If the Agreement is terminated for the reasons specified in paragraphs 1 or 4, the Holder of Mining Usufruct Rights shall pay to the State Treasury a contractual penalty of 25 % of the fee for the entire prospection and exploration phase of mining usufruct, as specified in Section 3(1) and (2), indexed in accordance with Section 7(3). |
| --- | --- |

2.

| 3. | If the Holder of Mining Usufruct Rights delays payment of the fee by more than 7 days beyond the deadlines specified in Section 7(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within 7 days from the receipt of the request, failing which the Agreement will be terminated with immediate effect. |
| --- | --- |

3.

| 4. | If the Holder of Mining Usufruct Rights fails to inform the State Treasury of the events referred to in Section 4 within 30 days of their occurrence, the State Treasury may impose on the Holder of Mining Usufruct Rights a contractual penalty of 5 % of the fee for the entire prospection and exploration phase of mining usufruct for each instance of failure to provide information, or terminate the Agreement in whole or in part, subject to 30 days’ notice effective at the end of the calendar month. |
| --- | --- |

4.

| 5. | The Holder of Mining Usufruct Rights shall be bound by the Agreement until the date of expiry, withdrawal or invalidity of the concession and may not terminate the Agreement. |
| --- | --- |

5.

| 6. | The Agreement shall be terminated in writing, failing which the termination will be invalid. |
| --- | --- |

6.

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

7.

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

8.

Section 11

| 1. | The Parties have provided the following contact details for correspondence:






  (1) | State Treasury: |
| --- | --- | --- |

1.

(1)

State Treasury:

... (address),

| (2) | Holder of Mining Usufruct Rights: |
| --- | --- |

(2)

Holder of Mining Usufruct Rights:

... (address).

| 2. | The Parties are obliged to inform each other in writing without delay of any change to the contact details indicated in paragraph 1. Such a change shall not require an addendum to the Agreement. Correspondence sent to a Party’s most recently provided contact address shall be deemed to have been effectively served on the other Party. |
| --- | --- |

2.

| 3. | Each of the Parties shall serve correspondence on the other Party in person, by courier or by registered letter using the contact details most recently provided by the Party. |
| --- | --- |

3.

| 4. | Registered letters sent to the most recently provided address of a Party and returned by the post office or courier company owing to the addressee not having collected it on time will be treated as having been effectively served once 14 days have passed from the first delivery attempt. |
| --- | --- |

4.

Section 12

| 1. | The parties shall not be liable for failure to comply with obligations under the Agreement resulting from force majeure if it can be proven that damage caused by force majeure influenced the failure to comply with the obligations. ‘Force majeure’ shall mean an external event that the Parties could not have predicted or prevented that makes it impossible for the Agreement to be implemented in whole or in part, permanently or for a given period, which a Party could not have counteracted by exercising due diligence and which did not result from errors or negligence on the part of the Party affected by it. |
| --- | --- |

1.

| 2. | In the event of force majeure, the Parties shall immediately make every effort to agree on a course of action. |
| --- | --- |

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

This Agreement shall be governed by Polish law, in particular the provisions of the Geological and Mining Law Act and of the Civil Code.

Section 17

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

Section 18

Amendments to the Agreement shall be made in writing, failing which they will be invalid.

Section 19

The Agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the State Treasury).

State Treasury

Holder of Mining Usufruct Rights

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| 13.3.2020 | EN | Official Journal of the European Union | C 83/44 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/44

---

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

(2020/C 83/10)

Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Złoczew’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended). |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

| Name: Ministry of Climate |
| --- |
| Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| Tel. +48 223692449 |
| Fax +48 223692460 |
| Website: www.gov.pl/web/klimat |

Name: Ministry of Climate

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

Tel. +48 223692449

Fax +48 223692460

Website: www.gov.pl/web/klimat

SECTION III: SUBJECT OF THE PROCEDURE

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

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Złoczew’ area, part of concession blocks Nos 270 and 290.

2.   Area within which the activities are to be conducted

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

| Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 422 699,68 | 465 433,21 |
| 2 | 422 598,89 | 480 146,84 |
| 3 | 415 125,67 | 477 759,62 |
| 4 | 402 260,28 | 486 821,61 |
| 5 | 394 857,71 | 500 000,00 |
| 6 | 387 287,14 | 500 000,00 |
| 7 | 387 359,94 | 478 635,54 |
| 8 | 400 377,34 | 465 280,57 |

Point No

X [PL-1992]

Y [PL-1992]

1

422 699,68

465 433,21

2

422 598,89

480 146,84

3

415 125,67

477 759,62

4

402 260,28

486 821,61

5

394 857,71

500 000,00

6

387 287,14

500 000,00

7

387 359,94

478 635,54

8

400 377,34

465 280,57

The surface area of the vertical projection of the area covered by this bidding procedure is 702,48 km2. The lower boundary of the area is at a depth of 3 500 m bsl.

From the above area is excluded an area limited above by the lower boundary of surface land properties and below at a depth of 170 m bsl, within the following coordinates in the PL-1992 coordinate system:

| Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 387 345,52 | 482 868,43 |
| 2 | 393 675,46 | 482 954,71 |
| 3 | 393 824,86 | 472 002,97 |
| 4 | 387 359,94 | 478 635,54 |

Point No

X [PL-1992]

Y [PL-1992]

1

387 345,52

482 868,43

2

393 675,46

482 954,71

3

393 824,86

472 002,97

4

387 359,94

478 635,54

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

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

Bids must be submitted to the headquarters of the Ministry of Climate no later than 12.00 CET/CEST on the last day of the 180-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | – | scope and schedule of the geological works, including geological operations, or mining operations proposed; |
| --- | --- | --- |
| 20 % | – | scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores; |
| 20 % | – | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| 20 % | – | the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project; |
| 5 % | – | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 5 % | – | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection. |

30 %

–

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

20 %

–

scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores;

20 %

–

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

20 %

–

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

5 %

–

technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

5 %

–

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

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

5.   Minimum scope of geological information

When submitting a bid it is not required to demonstrate the right to use geological information.

When entering the extraction phase, an undertaking is obliged to provide evidence of the existence of the right to use geological information to the extent necessary for the pursuit of its activities.

6.   Commencement date of activities

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

7.   Minimum scope of geological works, including geological operations, or mining operations

Carrying out, processing and interpreting or reprocessing and reinterpreting 200 km of geophysical surveys – 2D seismic test or 100 km2 of geophysical surveys – 3D seismic test.

Drilling a prospection borehole to a maximum depth of 3 500 m, with mandatory coring of prospective intervals.

8.   Period for which the concession is to be granted

The concession period is 30 years, including:

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

—

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

| — | an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained.

9.   Specific conditions for carrying out the activities and for ensuring public safety, public health, environmental protection and rational management of deposits

The geophysical surveys or reprocessing and reinterpreting of geophysical surveys will commence within 24 months from the date on which the decision granting the concession becomes final.

The geological operations (borehole drilling) will commence within 42 months from the date on which the decision granting the concession becomes final.

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

Category C is the minimum exploration category for oil and natural gas deposits.

10.   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

11.   Information concerning the amount of the fee for establishing mining usufruct rights

The minimum amount of the fee for establishing mining usufruct rights for the ‘Złoczew’ area during the five-year base period is PLN 157 348,50 (in words: one hundred and fifty-seven thousand, three hundred and forty-eight zlotys, fifty grosz) per annum.

Detailed terms of payment are to be found in the annex referred to in point 10.

12.   Information concerning requirements to be met by bids and documents required from bidders

| 1. | Bids should specify:






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

1.

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

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

(7)

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

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

(8)

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

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

(9)

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

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

(10)

the scope of the geological information available to the bidder;

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

(11)

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

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

(12)

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

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

(13)

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

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

(14)

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

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

(15)

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

| (16) | if a bid is submitted jointly by several entities, it must additionally specify:






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

(16)

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

(a)

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

| (b) | the operator, |
| --- | --- |

(b)

the operator,

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

(c)

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

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

2.

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






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

3.

(1)

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

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

(2)

proof that a deposit has been lodged;

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

(3)

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

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

(4)

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

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

(5)

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

| (6) | two copies of a geological operations project. |
| --- | --- |

(6)

two copies of a geological operations project.

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

4.

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

5.

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

6.

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

7.

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

8.

13.   Information concerning the manner of lodging a deposit, the amount of the deposit and the payment date

Bidders are required to lodge a deposit of PLN 1 000 (in words: one thousand zlotys) before the expiry of the time limit for the submission of bids.

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Additional explanations

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Biuletyn Informacji Publicznej (Public Information Bulletin), on the page of the administrative office subordinate to that authority.

IV.3)   Additional information

Full information about the area covered by the bidding procedure has been compiled by the Polish Geological Service in the Pakiet danych geologiscznych do postepowania przetargowego – obszar przetargowy Złoczew (Geological Data Pack for bidding procedure – Złoczew area), which is available on the Ministry of Climate website (https://bip.mos.gov.pl/koncesje-geologiczne/przetargi-na-koncesje-na-poszukiwanie-rozpoznawanie-i-wydobywanie-weglowodorow/czwarta-runda-przetargow-2019/) and from

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

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

Ministerstwo Klimatu (Ministry of Climate)

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

Fax +48 223692460

---

ANNEX

AGREEMENT

establishing mining usufruct rights for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Złoczew’ area hereinafter referred to as ‘the Agreement’

concluded at Warsaw on ... between:

the State Treasury, .........,hereinafter referred to as ‘the State Treasury’,

and

... (name of undertaking) having its registered office at ... (full address), registered on ... under KRS (National Court Register) No ..., share capital ..., represented by ..., hereinafter referred to as ‘the Holder of Mining Usufruct Rights’,

hereinafter each referred to singly as a ‘Party’ or jointly as ‘the Parties’,

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth’s crust covering the area within the municipalities of Rusiec, Widawa, Brąszewice, Brzeźnio, Burzenin, Sieradz, Wróblew, Konopnica and Ostrówek, the urban-rural municipalities of Błaszki, Warta and Złoczew and the town of Sieradz in Łódzkie Province, the boundaries of which are defined by the lines joining points (1) to (8) having the following coordinates in the PL-1992 coordinate system:







  Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 422 699,68 | 465 433,21 |
| 2 | 422 598,89 | 480 146,84 |
| 3 | 415 125,67 | 477 759,62 |
| 4 | 402 260,28 | 486 821,61 |
| 5 | 394 857,71 | 500 000,00 |
| 6 | 387 287,14 | 500 000,00 |
| 7 | 387 359,94 | 478 635,54 |
| 8 | 400 377,34 | 465 280,57 |

1.

Point No

X [PL-1992]

Y [PL-1992]

1

422 699,68

465 433,21

2

422 598,89

480 146,84

3

415 125,67

477 759,62

4

402 260,28

486 821,61

5

394 857,71

500 000,00

6

387 287,14

500 000,00

7

387 359,94

478 635,54

8

400 377,34

465 280,57

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 3 500 m, with the exception of an area limited above by the lower boundary of surface land properties and below at a depth of 170 m bsl having the following coordinates in the PL-1992 coordinate system:

| Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 387 345,52 | 482 868,43 |
| 2 | 393 675,46 | 482 954,71 |
| 3 | 393 824,86 | 472 002,97 |
| 4 | 387 359,94 | 478 635,54 |

Point No

X [PL-1992]

Y [PL-1992]

1

387 345,52

482 868,43

2

393 675,46

482 954,71

3

393 824,86

472 002,97

4

387 359,94

478 635,54

provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Złoczew’ area within one year from the date of the Agreement being concluded.

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

2.

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






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

3.

(1)

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

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

(2)

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

| 4. | The surface area of the vertical projection of the area described above is 702,48 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

The Holder of Mining Usufruct Rights declares that it raises no objections to the factual and legal status of the subject of the mining usufruct rights.

Section 3

| 1. | The Agreement shall take effect on the date on which the concession is obtained. |
| --- | --- |

1.

| 2. | The mining usufruct rights shall be established for a period of 30 years, including 5 years for the prospection and exploration phase and 25 years for the extraction phase, subject to Sections 8(2) and 10. |
| --- | --- |

2.

| 3. | The mining usufruct rights shall expire if the concession expires, is withdrawn or becomes invalid, irrespective of the reason. |
| --- | --- |

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

| 3. | The fee specified in paragraph 1 shall be indexed to the average annual consumer price indices set for the period from the conclusion of the Agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Polish Official Gazette (Monitor Polski). If this index for a given year is less than or equal to zero, there shall be no indexation for that year. |
| --- | --- |

3.

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

4.

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

5.

| 6. | If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the Agreement before the time limit specified in Section 3(2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 10(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 3(1) and (2), indexed in accordance with paragraph 3 and without prejudice to the contractual penalty referred to in Section 10(2). The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits. |
| --- | --- |

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the State Treasury held at ... (name of bank), bearing the number: ..., including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession in the Złoczew area’.
  The date of payment shall be the date on which the State Treasury’s account is credited. |
| --- | --- |

7.

The date of payment shall be the date on which the State Treasury’s account is credited.

| 8. | The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended with the result that the activities which are the subject of the Agreement are subject to taxation, or if the interpretation of legislation changes with the result that those activities are subject to VAT, the amount of the fee shall be increased by the amount of tax due. |
| --- | --- |

8.

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

9.

| 10. | The fee for the establishment of mining usufruct rights shall be payable to the State Treasury irrespective of the income which the Holder of Mining Usufruct Rights earns from using those rights. |
| --- | --- |

10.

| 11. | The Holder of Mining Usufruct Rights shall send the State Treasury, within 7 days from the payment date, copies of proof of payment of the fee referred to in paragraph 1 for the establishment of the mining usufruct rights. |
| --- | --- |

11.

Section 8

| 1. | After the Holder of Mining Usufruct Rights obtains an investment decision specifying the conditions for the extraction of oil or natural gas, the Parties shall, within 30 days from the date of that decision, sign an addendum to the Agreement specifying the conditions for the implementation of the Agreement during the extraction phase and the amount of the fee for mining usufruct rights in the area specified in Section 1(1) for each year of mining usufruct during the extraction phase. |
| --- | --- |

1.

| 2. | If, within 30 days of the date of the investment decision specifying the conditions for the extraction of oil or natural gas the addendum referred to in paragraph 1 has not been concluded, the mining usufruct rights shall expire. |
| --- | --- |

2.

Section 9

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

Section 10

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

1.

| 2. | If the Agreement is terminated for the reasons specified in paragraphs 1 or 4, the Holder of Mining Usufruct Rights shall pay to the State Treasury a contractual penalty of 25 % of the fee for the entire prospection and exploration phase of mining usufruct, as specified in Section 3(1) and (2), indexed in accordance with Section 7(3). |
| --- | --- |

2.

| 3. | If the Holder of Mining Usufruct Rights delays payment of the fee by more than 7 days beyond the deadlines specified in Section 7(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within 7 days from the receipt of the request, failing which the Agreement will be terminated with immediate effect. |
| --- | --- |

3.

| 4. | If the Holder of Mining Usufruct Rights fails to inform the State Treasury of the events referred to in Section 4 within 30 days of their occurrence, the State Treasury may impose on the Holder of Mining Usufruct Rights a contractual penalty of 5 % of the fee for the entire prospection and exploration phase of mining usufruct for each instance of failure to provide information, or terminate the Agreement in whole or in part, subject to 30 days’ notice effective at the end of the calendar month. |
| --- | --- |

4.

| 5. | The Holder of Mining Usufruct Rights shall be bound by the Agreement until the date of expiry, withdrawal or invalidity of the concession and may not terminate the Agreement. |
| --- | --- |

5.

| 6. | The Agreement shall be terminated in writing, failing which the termination will be invalid. |
| --- | --- |

6.

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

7.

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

8.

Section 11

| 1. | The Parties have provided the following contact details for correspondence:






  (1) | State Treasury:
  ... (address), |
| --- | --- | --- |

1.

(1)

State Treasury:

... (address),

| (2) | Holder of Mining Usufruct Rights:
  ... (address). |
| --- | --- |

(2)

Holder of Mining Usufruct Rights:

... (address).

| 2. | The Parties are obliged to inform each other in writing without delay of any change to the contact details indicated in paragraph 1. Such a change shall not require an addendum to the Agreement. Correspondence sent to a Party’s most recently provided contact address shall be deemed to have been effectively served on the other Party. |
| --- | --- |

2.

| 3. | Each of the Parties shall serve correspondence on the other Party in person, by courier or by registered letter using the contact details most recently provided by the Party. |
| --- | --- |

3.

| 4. | Registered letters sent to the most recently provided address of a Party and returned by the post office or courier company owing to the addressee not having collected it on time will be treated as having been effectively served once 14 days have passed from the first delivery attempt. |
| --- | --- |

4.

Section 12

| 1. | The parties shall not be liable for failure to comply with obligations under the Agreement resulting from force majeure if it can be proven that damage caused by force majeure influenced the failure to comply with the obligations. ‘Force majeure’ shall mean an external event that the Parties could not have predicted or prevented that makes it impossible for the Agreement to be implemented in whole or in part, permanently or for a given period, which a Party could not have counteracted by exercising due diligence and which did not result from errors or negligence on the part of the Party affected by it. |
| --- | --- |

1.

| 2. | In the event of force majeure, the Parties shall immediately make every effort to agree on a course of action. |
| --- | --- |

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

This Agreement shall be governed by Polish law, in particular the provisions of the Geological and Mining Law Act and of the Civil Code.

Section 17

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

Section 18

Amendments to the Agreement shall be made in writing, failing which they will be invalid.

Section 19

The Agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the State Treasury).

State Treasury

Holder of Mining Usufruct Rights

---

| 13.3.2020 | EN | Official Journal of the European Union | C 83/56 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/56

---

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

(2020/C 83/11)

Public invitation to bid for a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Królówka’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended). |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

Name: Ministry of Climate

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

Tel. +48 223692449

Fax +48 223692460

Website: www.gov.pl/web/klimat

SECTION III: SUBJECT OF THE PROCEDURE

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

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Królówka’ area, part of concession blocks Nos 393 and 413.

2.   Area within which the activities are to be conducted

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

| Point No | 1992 coordinate system |
| --- | --- |
| X | Y |
| 1 | 219 222,83 | 593 635,80 |
| 2 | 219 097,84 | 585 896,39 |
| 3 | 230 574,94 | 585 908,57 |
| 4 | 230 387,33 | 586 612,41 |
| 5 | 230 129,81 | 587 578,58 |
| 6 | 230 695,48 | 588 000,81 |
| 7 | 231 480,47 | 587 931,12 |
| 8 | 231 722,24 | 587 909,65 |
| 9 | 232 471,03 | 593 346,94 |
| 10 | 231 307,28 | 593 379,29 |
| 11 | 231 483,34 | 599 704,92 |
| 12 | 232 886,19 | 599 665,94 |
| 13 | 232 987,60 | 601 605,37 |
| 14 | 235 643,89 | 601 614,75 |
| 15 | 238 239,18 | 593 185,13 |
| 16 | 238 495,59 | 597 181,46 |
| 17 | 240 244,08 | 603 139,26 |
| 18 | 232 835,11 | 603 321,97 |
| 19 | 224 314,01 | 603 486,16 |
| 20 | 224 307,00 | 594 218,00 |
| 21 | 224 312,00 | 593 148,00 |
| 22 | 223 753,00 | 592 883,00 |
| 23 | 222 376,00 | 593 612,00 |
| excluding the area bounded by the following coordinates: |
| 24 | 231 205,68 | 593 057,09 |
| 25 | 229 896,05 | 590 812,71 |
| 26 | 229 522,45 | 591 422,53 |
| 27 | 228 259,24 | 592 785,91 |
| 28 | 227 577,81 | 593 473,94 |
| 29 | 227 414,69 | 594 478,02 |
| 30 | 227 631,19 | 595 471,97 |
| 31 | 228 047,61 | 596 090,68 |
| 32 | 228 616,59 | 594 935,78 |
| 33 | 228 919,08 | 594 657,77 |

Point No

1992 coordinate system

X

Y

1

219 222,83

593 635,80

2

219 097,84

585 896,39

3

230 574,94

585 908,57

4

230 387,33

586 612,41

5

230 129,81

587 578,58

6

230 695,48

588 000,81

7

231 480,47

587 931,12

8

231 722,24

587 909,65

9

232 471,03

593 346,94

10

231 307,28

593 379,29

11

231 483,34

599 704,92

12

232 886,19

599 665,94

13

232 987,60

601 605,37

14

235 643,89

601 614,75

15

238 239,18

593 185,13

16

238 495,59

597 181,46

17

240 244,08

603 139,26

18

232 835,11

603 321,97

19

224 314,01

603 486,16

20

224 307,00

594 218,00

21

224 312,00

593 148,00

22

223 753,00

592 883,00

23

222 376,00

593 612,00

excluding the area bounded by the following coordinates:

24

231 205,68

593 057,09

25

229 896,05

590 812,71

26

229 522,45

591 422,53

27

228 259,24

592 785,91

28

227 577,81

593 473,94

29

227 414,69

594 478,02

30

227 631,19

595 471,97

31

228 047,61

596 090,68

32

228 616,59

594 935,78

33

228 919,08

594 657,77

The surface area of the vertical projection of the area covered by this bidding procedure is 188,75 km2.

The lower boundary of the area is at a depth of 4 500 m bgl.

The aim of the works to be carried out in Precambrian, Devonian, Carboniferous, Jurassic and Miocene formations is to document and extract oil and natural gas deposits in the area described above.

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

Bids must be submitted to the headquarters of the Ministry of Climate no later than 12.00 CET/CEST on the last day of the 180-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | – | scope and schedule of the geological works, including geological operations, or mining operations proposed; |
| --- | --- | --- |
| 20 % | – | scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores; |
| 20 % | – | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| 20 % | – | the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project; |
| 5 % | – | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 5 % | – | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection. |

30 %

–

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

20 %

–

scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores;

20 %

–

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

20 %

–

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

5 %

–

technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential (including 2 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

5 %

–

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

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

5.   Minimum scope of geological information

When submitting a bid it is not required to demonstrate the right to use geological information.

When entering the extraction phase, an undertaking is obliged to provide evidence of the existence of the right to use geological information to the extent necessary for the pursuit of its activities.

6.   Commencement date of activities

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

7.   Minimum scope of geological works, including geological operations, or mining operations

Drilling two prospection boreholes to a maximum depth of 4 500m.

8.   Period for which the concession is to be granted

The concession period is 30 years, including:

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

—

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

| — | an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

an extraction phase of 25 years’ duration, starting from the date on which an investment decision is obtained.

9.   Specific conditions for carrying out the activities and for ensuring public safety, public health, environmental protection and rational management of deposits

The geological operations (borehole drilling) will commence within 42 months from the date on which the decision granting the concession becomes final.

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

Category C is the minimum exploration category for oil and natural gas deposits.

10.   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

11.   Information concerning the amount of the fee for establishing mining usufruct rights

The minimum amount of the fee for establishing mining usufruct rights for the ‘Królówka’ area during the five-year base period is PLN 42 278,11 (in words: forty-two thousand, two hundred and seventy-eight zlotys, eleven grosz) per annum.

Detailed terms of payment are to be found in the annex referred to in point 10.

12.   Information concerning requirements to be met by bids and documents required from bidders

| 1. | Bids should specify:






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

1.

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

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

(7)

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

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

(8)

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

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

(9)

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

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

(10)

the scope of the geological information available to the bidder;

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

(11)

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

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

(12)

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

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

(13)

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

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

(14)

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

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

(15)

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

| (16) | if a bid is submitted jointly by several entities, it must additionally specify:






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

(16)

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

(a)

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

| (b) | the operator, |
| --- | --- |

(b)

the operator,

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

(c)

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

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

2.

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






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

3.

(1)

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

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

(2)

proof that a deposit has been lodged;

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

(3)

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

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

(4)

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

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

(5)

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

| (6) | two copies of a geological operations project. |
| --- | --- |

(6)

two copies of a geological operations project.

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

4.

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

5.

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

6.

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

7.

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

8.

13.   Information concerning the manner of lodging a deposit, the amount of the deposit and the payment date

Bidders are required to lodge a deposit of PLN 1 000 (in words: one thousand zlotys) before the expiry of the time limit for the submission of bids.

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Additional explanations

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Biuletyn Informacji Publicznej (Public Information Bulletin), on the page of the administrative office subordinate to that authority.

IV.3)   Additional information

Full information about the area covered by the bidding procedure has been compiled by the Polish Geological Service in the Pakiet danych geologiscznych do postepowania przetargowego – obszar przetargowy Królówka (Geological Data Pack for bidding procedure – Królówka area), which is available on the Ministry of Climate website (https://bip.mos.gov.pl/koncesje-geologiczne/przetargi-na-koncesje-na-poszukiwanie-rozpoznawanie-i-wydobywanie-weglowodorow/czwarta-runda-przetargow-2019/) and from

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

| Ministerstwo Klimatu (Ministry of Climate) |
| --- |
| ul. Wawelska 52/54 |
| 00-922 Warszawa/Warsaw |
| POLSKA/POLAND |

Ministerstwo Klimatu (Ministry of Climate)

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

Fax +48 223692460

---

ANNEX

AGREEMENT

establishing mining usufruct rights for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Królówka’ area (part of concession blocks Nos 393 and 413), hereinafter referred to as ‘the Agreement’

concluded at Warsaw on ... between:

the State Treasury, ............, hereinafter referred to as ‘the State Treasury’,

and

... (name of undertaking) having its registered office at ... (full address), registered on ... under KRS (National Court Register) No ..., share capital ..., represented by ..., hereinafter referred to as ‘the Holder of Mining Usufruct Rights’,

hereinafter each referred to singly as a ‘Party’ or jointly as ‘the Parties’,

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth’s crust covering the area within the municipalities of Bochnia, Drwinia, Łapanów, Trzciana, Raciechowice, Gdów and Kłaj, the urban-rural municipality of Nowy Wiśnicz and the town of Bochnia in Małopolskie Province, the boundaries of which are defined by lines joining points (1) to (33) having the following coordinates in the PL-1992 coordinate system:







  Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 219 222,83 | 593 635,80 |
| 2 | 219 097,84 | 585 896,39 |
| 3 | 230 574,94 | 585 908,57 |
| 4 | 230 387,33 | 586 612,41 |
| 5 | 230 129,81 | 587 578,58 |
| 6 | 230 695,48 | 588 000,81 |
| 7 | 231 480,47 | 587 931,12 |
| 8 | 231 722,24 | 587 909,65 |
| 9 | 232 471,03 | 593 346,94 |
| 10 | 231 307,28 | 593 379,29 |
| 11 | 231 483,34 | 599 704,92 |
| 12 | 232 886,19 | 599 665,94 |
| 13 | 232 987,60 | 601 605,37 |
| 14 | 235 643,89 | 601 614,75 |
| 15 | 238 239,18 | 593 185,13 |
| 16 | 238 495,59 | 597 181,46 |
| 17 | 240 244,08 | 603 139,26 |
| 18 | 232 835,11 | 603 321,97 |
| 19 | 224 314,01 | 603 486,16 |
| 20 | 224 307,00 | 594 218,00 |
| 21 | 224 312,00 | 593 148,00 |
| 22 | 223 753,00 | 592 883,00 |
| 23 | 222 376,00 | 593 612,00 |
| excluding the area bounded by the following coordinates: |
| 24 | 231 205,68 | 593 057,09 |
| 25 | 229 896,05 | 590 812,71 |
| 26 | 229 522,45 | 591 422,53 |
| 27 | 228 259,24 | 592 785,91 |
| 28 | 227 577,81 | 593 473,94 |
| 29 | 227 414,69 | 594 478,02 |
| 30 | 227 631,19 | 595 471,97 |
| 31 | 228 047,61 | 596 090,68 |
| 32 | 228 616,59 | 594 935,78 |
| 33 | 228 919,08 | 594 657,77 |

1.

Point No

X [PL-1992]

Y [PL-1992]

1

219 222,83

593 635,80

2

219 097,84

585 896,39

3

230 574,94

585 908,57

4

230 387,33

586 612,41

5

230 129,81

587 578,58

6

230 695,48

588 000,81

7

231 480,47

587 931,12

8

231 722,24

587 909,65

9

232 471,03

593 346,94

10

231 307,28

593 379,29

11

231 483,34

599 704,92

12

232 886,19

599 665,94

13

232 987,60

601 605,37

14

235 643,89

601 614,75

15

238 239,18

593 185,13

16

238 495,59

597 181,46

17

240 244,08

603 139,26

18

232 835,11

603 321,97

19

224 314,01

603 486,16

20

224 307,00

594 218,00

21

224 312,00

593 148,00

22

223 753,00

592 883,00

23

222 376,00

593 612,00

excluding the area bounded by the following coordinates:

24

231 205,68

593 057,09

25

229 896,05

590 812,71

26

229 522,45

591 422,53

27

228 259,24

592 785,91

28

227 577,81

593 473,94

29

227 414,69

594 478,02

30

227 631,19

595 471,97

31

228 047,61

596 090,68

32

228 616,59

594 935,78

33

228 919,08

594 657,77

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 4 500 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Królówka’ area (part of concession blocks Nos 393 and 413) within one year from the date of the Agreement being concluded.

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

2.

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






  (1) | in Miocene, Mesozoic (Jurassic), Palaeozoic (Carboniferous, Devonian, Cambrian) and Precambrian formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits; |
| --- | --- | --- |

3.

(1)

in Miocene, Mesozoic (Jurassic), Palaeozoic (Carboniferous, Devonian, Cambrian) and Precambrian formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits;

| (2) | in the rest of the area, carry out any operations and activities that are necessary in order to gain access to the Miocene, Mesozoic (Jurassic), Palaeozoic (Carboniferous, Devonian, Cambrian) and Precambrian formations. |
| --- | --- |

(2)

in the rest of the area, carry out any operations and activities that are necessary in order to gain access to the Miocene, Mesozoic (Jurassic), Palaeozoic (Carboniferous, Devonian, Cambrian) and Precambrian formations.

| 4. | The surface area of the vertical projection of the area described above is 188,75 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2019, item 868, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

The Holder of Mining Usufruct Rights declares that it raises no objections to the factual and legal status of the subject of the mining usufruct rights.

Section 3

| 1. | The Agreement shall take effect on the date on which the concession is obtained. |
| --- | --- |

1.

| 2. | The mining usufruct rights shall be established for a period of 30 years, including 5 years for the prospection and exploration phase and 25 years for the extraction phase, subject to Sections 8(2) and 10. |
| --- | --- |

2.

| 3. | The mining usufruct rights shall expire if the concession expires, is withdrawn or becomes invalid, irrespective of the reason. |
| --- | --- |

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

| 3. | The fee specified in paragraph 1 shall be indexed to the average annual consumer price indices set for the period from the conclusion of the Agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Polish Official Gazette (Monitor Polski). If this index for a given year is less than or equal to zero, there shall be no indexation for that year. |
| --- | --- |

3.

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

4.

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

5.

| 6. | If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the Agreement before the time limit specified in Section 3(2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 10(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 3(1) and (2), indexed in accordance with paragraph 3 and without prejudice to the contractual penalty referred to in Section 10(2). The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits. |
| --- | --- |

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the State Treasury held at. ... (name of bank), bearing the number: ..., including the following communication on the transfer order – ‘Establishment of mining usufruct rights in connection with the granting of a concession in the Królówka area’.
  The date of payment shall be the date on which the State Treasury’s account is credited. |
| --- | --- |

7.

The date of payment shall be the date on which the State Treasury’s account is credited.

| 8. | The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended with the result that the activities which are the subject of the Agreement are subject to taxation, or if the interpretation of legislation changes with the result that those activities are subject to VAT, the amount of the fee shall be increased by the amount of tax due. |
| --- | --- |

8.

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

9.

| 10. | The fee for the establishment of mining usufruct rights shall be payable to the State Treasury irrespective of the income which the Holder of Mining Usufruct Rights earns from using those rights. |
| --- | --- |

10.

| 11. | The Holder of Mining Usufruct Rights shall send the State Treasury, within 7 days from the payment date, copies of proof of payment of the fee referred to in paragraph 1 for the establishment of the mining usufruct rights. |
| --- | --- |

11.

Section 8

| 1. | After the Holder of Mining Usufruct Rights obtains an investment decision specifying the conditions for the extraction of oil or natural gas, the Parties shall, within 30 days from the date of that decision, sign an addendum to the Agreement specifying the conditions for the implementation of the Agreement during the extraction phase and the amount of the fee for mining usufruct rights in the area specified in Section 1(1) for each year of mining usufruct during the extraction phase. |
| --- | --- |

1.

| 2. | If, within 30 days of the date of the investment decision specifying the conditions for the extraction of oil or natural gas the addendum referred to in paragraph 1 has not been concluded, the mining usufruct rights shall expire. |
| --- | --- |

2.

Section 9

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

Section 10

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

1.

| 2. | If the Agreement is terminated for the reasons specified in paragraphs 1 or 4, the Holder of Mining Usufruct Rights shall pay to the State Treasury a contractual penalty of 25 % of the fee for the entire prospection and exploration phase of mining usufruct, as specified in Section 3(1) and (2), indexed in accordance with Section 7(3). |
| --- | --- |

2.

| 3. | If the Holder of Mining Usufruct Rights delays payment of the fee by more than 7 days beyond the deadlines specified in Section 7(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within 7 days from the receipt of the request, failing which the Agreement will be terminated with immediate effect. |
| --- | --- |

3.

| 4. | If the Holder of Mining Usufruct Rights fails to inform the State Treasury of the events referred to in Section 4 within 30 days of their occurrence, the State Treasury may impose on the Holder of Mining Usufruct Rights a contractual penalty of 5 % of the fee for the entire prospection and exploration phase of mining usufruct for each instance of failure to provide information, or terminate the Agreement in whole or in part, subject to 30 days’ notice effective at the end of the calendar month. |
| --- | --- |

4.

| 5. | The Holder of Mining Usufruct Rights shall be bound by the Agreement until the date of expiry, withdrawal or invalidity of the concession and may not terminate the Agreement. |
| --- | --- |

5.

| 6. | The Agreement shall be terminated in writing, failing which the termination will be invalid. |
| --- | --- |

6.

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

7.

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

8.

Section 11

| 1. | The Parties have provided the following contact details for correspondence:






  (1) | State Treasury:
  ... (address). |
| --- | --- | --- |

1.

(1)

State Treasury:

... (address).

| (2) | Holder of Mining Usufruct Rights:
  ... (address). |
| --- | --- |

(2)

Holder of Mining Usufruct Rights:

... (address).

| 2. | The Parties are obliged to inform each other in writing without delay of any change to the contact details indicated in paragraph 1. Such a change shall not require an addendum to the Agreement. Correspondence sent to a Party’s most recently provided contact address shall be deemed to have been effectively served on the other Party. |
| --- | --- |

2.

| 3. | Each of the Parties shall serve correspondence on the other Party in person, by courier or by registered letter using the contact details most recently provided by the Party. |
| --- | --- |

3.

| 4. | Registered letters sent to the most recently provided address of a Party and returned by the post office or courier company owing to the addressee not having collected it on time will be treated as having been effectively served once fourteen days have passed from the first delivery attempt. |
| --- | --- |

4.

Section 12

| 1. | The parties shall not be liable for failure to comply with obligations under the Agreement resulting from force majeure if it can be proven that damage caused by force majeure influenced the failure to comply with the obligations. ‘Force majeure’ shall mean an external event that the Parties could not have predicted or prevented that makes it impossible for the Agreement to be implemented in whole or in part, permanently or for a given period, which a Party could not have counteracted by exercising due diligence and which did not result from errors or negligence on the part of the Party affected by it. |
| --- | --- |

1.

| 2. | In the event of force majeure, the Parties shall immediately make every effort to agree on a course of action. |
| --- | --- |

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

This Agreement shall be governed by Polish law, in particular the provisions of the Geological and Mining Law Act and of the Civil Code.

Section 17

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

Section 18

Amendments to the Agreement shall be made in writing, failing which they will be invalid.

Section 19

The Agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the State Treasury).

State Treasury

Holder of Mining Usufruct Rights

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 13.3.2020 | EN | Official Journal of the European Union | C 83/69 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/69

---

Prior notification of a concentration

(Case M.9755 — MAIF 2/PSP/AirTrunk)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 83/12)

1.

This notification concerns the following undertakings:

| — | Macquarie Asia Infrastructure Investments 2 Pte Ltd (‘MAIF2’, Singapore) controlled by the Macquarie Group Limited (‘Macquarie Group’, Australia), |
| --- | --- |

—

Macquarie Asia Infrastructure Investments 2 Pte Ltd (‘MAIF2’, Singapore) controlled by the Macquarie Group Limited (‘Macquarie Group’, Australia),

| — | Public Sector Pension Investment Board (‘PSP’, Canada) |
| --- | --- |

—

Public Sector Pension Investment Board (‘PSP’, Canada)

| — | AirTrunk Cayman Holding Trust (‘AirTrunk’, Cayman Islands) |
| --- | --- |

—

AirTrunk Cayman Holding Trust (‘AirTrunk’, Cayman Islands)

MAIF2 and PSP acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of AirTrunk.

The concentration is accomplished by way of purchase of shares.

2.

| — | for MAIF2: investments in infrastructure and infrastructure related business in Asia. It belongs to the Macquarie Group, a global provider of banking, financial, investment and funds management services, |
| --- | --- |

—

for MAIF2: investments in infrastructure and infrastructure related business in Asia. It belongs to the Macquarie Group, a global provider of banking, financial, investment and funds management services,

| — | for PSP: pension investment manager of various Canadian pension plans managing a diversified global portfolio including stocks, bonds and other fixed-income securities and investments in private equity, real estate, infrastructure, natural resources and credit investments, |
| --- | --- |

—

for PSP: pension investment manager of various Canadian pension plans managing a diversified global portfolio including stocks, bonds and other fixed-income securities and investments in private equity, real estate, infrastructure, natural resources and credit investments,

| — | for AirTrunk: data centre specialist creating a platform for cloud, content and large enterprise customers across the Asia-Pacific region. It currently operates two data centre campuses in Australia, Sydney and Melbourne and developing a further two data centre campuses in Singapore and Hong Kong. |
| --- | --- |

—

for AirTrunk: data centre specialist creating a platform for cloud, content and large enterprise customers across the Asia-Pacific region. It currently operates two data centre campuses in Australia, Sydney and Melbourne and developing a further two data centre campuses in Singapore and Hong Kong.

3.

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 the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9755 — MAIF 2/PSP/AirTrunk

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

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

Postal 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’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---

| 13.3.2020 | EN | Official Journal of the European Union | C 83/71 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/71

---

Prior notification of a concentration

(Case M.9747 — Lagardère Travel Retail/BTA/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 83/13)

1.

This notification concerns the following undertakings:

| — | Lagardère Travel Retail S.A.S. (‘Lagardère’, France), belonging to the Lagardère group (France), |
| --- | --- |

—

Lagardère Travel Retail S.A.S. (‘Lagardère’, France), belonging to the Lagardère group (France),

| — | BTA Havalimanlari Yiyecek Ve Icecek Hizmetleri A.S. (‘BTA’, Turkey), belonging to the Aéroports de Paris group (‘ADP’, France). |
| --- | --- |

—

BTA Havalimanlari Yiyecek Ve Icecek Hizmetleri A.S. (‘BTA’, Turkey), belonging to the Aéroports de Paris group (‘ADP’, France).

Lagardère and BTA acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a joint venture company which is yet to be established in Jordan.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2.

| — | for undertaking Lagardère: offers travel retail and food services and is currently active in 39 countries worldwide, including Europe and the Middle-East. Lagardère is an indirect wholly-owned subsidiary of Lagardère SCA, the ultimate parent company of the French Lagardère group that is listed on the Paris Stock Exchange, |
| --- | --- |

—

for undertaking Lagardère: offers travel retail and food services and is currently active in 39 countries worldwide, including Europe and the Middle-East. Lagardère is an indirect wholly-owned subsidiary of Lagardère SCA, the ultimate parent company of the French Lagardère group that is listed on the Paris Stock Exchange,

| — | for undertaking BTA: offers food and beverage services at airports and sea lines in nine countries in Europe and the Middle-East. It belongs to Aéroport de Paris SA’s group of companies that is incorporated in France and listed on the Paris Stock Exchange, |
| --- | --- |

—

for undertaking BTA: offers food and beverage services at airports and sea lines in nine countries in Europe and the Middle-East. It belongs to Aéroport de Paris SA’s group of companies that is incorporated in France and listed on the Paris Stock Exchange,

| — | for the newly created joint venture: active in the operation of foodservices and travel retail services concessions at airports in Jordan, notably at Queen Alia International Airport in Amman. |
| --- | --- |

—

for the newly created joint venture: active in the operation of foodservices and travel retail services concessions at airports in Jordan, notably at Queen Alia International Airport in Amman.

3.

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 the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9747 — Lagardère Travel Retail/BTA/JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal 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’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

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OTHER ACTS

European Commission

| 13.3.2020 | EN | Official Journal of the European Union | C 83/73 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/73

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Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

(2020/C 83/14)

This notice is published in accordance with Article 17(5) of Commission Delegated Regulation (EU) 2019/33 (1).

COMMUNICATION OF APPROVAL OF A STANDARD AMENDMENT

‘Coteaux d’Aix-en-Provence’

Reference number PDO-FR-A0159-AM03

Date of communication: 20 December 2019

DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT

1.   Definition of the geographical area and the area in immediate proximity

The reference to the Official Geographic Code for 2019 has been noted in point IV of the Specification in order to clarify the list of municipalities comprising the geographical area and the area in immediate proximity.

This clarification was included in the ‘additional conditions’ of the Single Document.

2.   Vine varieties

In point V of the Specification, the Caladoc Noir N secondary variety has been included in the list of vine varieties authorised for the production of red and rosé wines. The addition of Caladoc Noir N follows a number of trials carried out on the 2005 to 2017 vintages.

The profile of the AOC (controlled designation of origin) wines is maintained and this variety may be added as a secondary variety up to a maximum of 10 %.

SINGLE DOCUMENT

1.   Name of the product

Coteaux d’Aix-en-Provence

2.   Geographical indication type

PDO – Protected Designation of Origin

3.   Categories of grapevine products

| 1. | Wine |
| --- | --- |

1.

Wine

4.   Description of the wine(s)

The red wines are balanced and fruity and can achieve their full expression after two or three years of ageing in the bottle. They have a floral aroma with violet or plant notes, bringing to mind hay, bay leaves and tobacco. These then give way to more sophisticated aromas such as cinnamon and fur. These characteristics are obtained after an ageing period extending at least until 15 April of the year following that of the harvest. The wines are mainly produced from the Grenache N, Mourvèdre N and Syrah N varieties, often used together with the Cabernet Sauvignon N and Carignan N varieties.

The rosé wines are light, supple, fruity and floral and are mostly drunk young. They are essentially produced from Grenache N, Cinsaut N and Counoise N varieties. They are lustrous with an attractive pale pink colour.

The white wines come from the Vermentino B variety, which is generally used together with the Ugni Blanc B and Clairette B varieties. They are fresh, with floral and fruity notes.

The wines have a minimum natural alcoholic strength by volume of 11 % vol.

At the time of packaging, the red wines have a maximum malic acid content of 0,4 g per litre.

After fermentation, the wines have a fermentable sugar content (glucose and fructose) not exceeding 4 grams per litre.

The analytical characteristics not given follow Community legislation.

| General analytical characteristics |
| --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | |
| Minimum total acidity | |
| Maximum volatile acidity (in milliequivalents per litre) | |
| Maximum total sulphur dioxide (in milligrams per litre) | |

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

Minimum total acidity

Maximum volatile acidity (in milliequivalents per litre)

Maximum total sulphur dioxide (in milligrams per litre)

5.   Wine-making practices

a.   Essential oenological practices

Growing method

| — | The area available for each plant must not exceed 2,5 m2. This surface area is calculated by multiplying the spacing between rows by the spacing between plants. |
| --- | --- |

—

The area available for each plant must not exceed 2,5 m2. This surface area is calculated by multiplying the spacing between rows by the spacing between plants.

| — | The distance between the rows is 2,5 metres or less, and the spacing between plants in the same row is at least 0,8 metres. |
| --- | --- |

—

The distance between the rows is 2,5 metres or less, and the spacing between plants in the same row is at least 0,8 metres.

| — | The vines are pruned short (trained using the goblet or Royat cordon method). Each vine has a maximum of eight spurs with one or two buds. |
| --- | --- |

—

The vines are pruned short (trained using the goblet or Royat cordon method). Each vine has a maximum of eight spurs with one or two buds.

| — | The Cabernet Sauvignon N, Sauvignon B, Semillon B and Syrah N varieties may be pruned using the Guyot method with a maximum of eight buds per vine. |
| --- | --- |

—

The Cabernet Sauvignon N, Sauvignon B, Semillon B and Syrah N varieties may be pruned using the Guyot method with a maximum of eight buds per vine.

| — | Irrigation is authorised pursuant to the provisions of Article D. 645-5 of the Rural and Maritime Fisheries Code. |
| --- | --- |

—

Irrigation is authorised pursuant to the provisions of Article D. 645-5 of the Rural and Maritime Fisheries Code.

Specific oenological practice

| — | For making rosé wines, use of oenological charcoal is permitted for the musts and new wines still in fermentation following pressing. This is limited to 20 % of the volume of rosé wines made by a given wine-grower for a specific harvest, at a maximum amount of 60 grams per hectolitre. |
| --- | --- |

—

For making rosé wines, use of oenological charcoal is permitted for the musts and new wines still in fermentation following pressing. This is limited to 20 % of the volume of rosé wines made by a given wine-grower for a specific harvest, at a maximum amount of 60 grams per hectolitre.

| — | The use of wood chips is prohibited. |
| --- | --- |

—

The use of wood chips is prohibited.

b.   Maximum yields

60 hectolitres per hectare

6.   Demarcated geographical area

The grapes are harvested and the wines are produced and developed in the following municipalities, based on the Official Geographic Code for 2019:

| — | In the department of Bouches-du-Rhône: Aix-en-Provence, Alleins, Aurons, La Barben, Les Baux-de-Provence, Berre-l’Etang, Charleval, Châteauneuf-les-Martigues, Cornillon-Confoux, Coudoux, Eguilles, Ensuès-la-Redonne, Eygalières, Eyguières, La Fare-les-Oliviers, Fontvielle, Gignac-la-Nerthe, Istres, Jouques, Lamanon, Lambesc, Lançon-Provence, Mallemort, Martigues, Maussane-les-Alpilles, Meyrargues, Mouriès, Paradou, Pelissanne, Peyrolles-en-Provence, Port-de-Bouc, Le Puy-Sainte-Réparade, Rognac, Rognes, Saint-Cannat, Saint-Chamas, Saint-Estève-Janson, Saint-Etienne-du-Grès, Saint-Marc-Jaumegarde, Saint-Mitre-les-Remparts, Saint-Rémy-de-Provence, Salon-de-Provence, Vauvenargues, Velaux, Venelles, Ventabren and Vernègues; |
| --- | --- |

—

In the department of Bouches-du-Rhône: Aix-en-Provence, Alleins, Aurons, La Barben, Les Baux-de-Provence, Berre-l’Etang, Charleval, Châteauneuf-les-Martigues, Cornillon-Confoux, Coudoux, Eguilles, Ensuès-la-Redonne, Eygalières, Eyguières, La Fare-les-Oliviers, Fontvielle, Gignac-la-Nerthe, Istres, Jouques, Lamanon, Lambesc, Lançon-Provence, Mallemort, Martigues, Maussane-les-Alpilles, Meyrargues, Mouriès, Paradou, Pelissanne, Peyrolles-en-Provence, Port-de-Bouc, Le Puy-Sainte-Réparade, Rognac, Rognes, Saint-Cannat, Saint-Chamas, Saint-Estève-Janson, Saint-Etienne-du-Grès, Saint-Marc-Jaumegarde, Saint-Mitre-les-Remparts, Saint-Rémy-de-Provence, Salon-de-Provence, Vauvenargues, Velaux, Venelles, Ventabren and Vernègues;

| — | In the department of Var: Artigues and Rians. |
| --- | --- |

—

In the department of Var: Artigues and Rians.

7.   Main wine grape varieties

| | Ugni Blanc B |
| --- | --- |

Ugni Blanc B

| | Cinsaut N - Cinsault |
| --- | --- |

Cinsaut N - Cinsault

| | Counoise N |
| --- | --- |

Counoise N

| | Grenache N |
| --- | --- |

Grenache N

| | Mourvèdre N - Monastrell |
| --- | --- |

Mourvèdre N - Monastrell

| | Syrah N - Shiraz |
| --- | --- |

Syrah N - Shiraz

| | Vermentino B - Rolle |
| --- | --- |

Vermentino B - Rolle

| | Clairette B |
| --- | --- |

Clairette B

| | Grenache Blanc B |
| --- | --- |

Grenache Blanc B

| | Sauvignon B - Sauvignon Blanc |
| --- | --- |

Sauvignon B - Sauvignon Blanc

8.   Description of the link(s)

The protected designation of origin ‘Coteaux d’Aix-en-Provence’ lies across the limestone area of lower Provence, with the Durance to the north, the Mediterranean Sea to the south, the Rhône valley to the west, and Mont Sainte-Victoire to the east. It is specifically delimited to 47 municipalities in the department of Bouches-du-Rhône and two municipalities in the department of Var.

Wine-growing activity is located either on marly-limestone formations providing stony soil with a clay-loam matrix, or on formations of molasse and sandstone with very sandy or stony, sandy-loam soils. Despite the gradient of the land away from the coast on the north flank of Mont Sainte-Victoire, the landscape is homogeneous given the characteristic morphology of the series of low hills and valleys where comparable lithological formations and soils are found.

The parcel area that has been precisely demarcated for harvesting grapes has stony soil with a clay-loam matrix derived from marl, and very sandy or stony, sandy-loam soils derived from molasse and sandstone. The marked presence of stones provides a shield against evaporation and is indispensable to the vines in terms of irrigation as it helps drainage.

The parcels with soil derived from marl are particularly suitable for the production of wines with a high alcohol content, and which are unctuous, pleasantly rich in aromas and with a tannic structure that ensures an excellent ageing potential.

The parcels with sandy soils derived from molasse and sandstone are more suited to obtaining wines with a lower alcohol content and which are light and fruity.

The very warm and sunny Mediterranean climate - with its strong Mistral winds - is particularly favourable to the development of demanding vine varieties, which have adapted over the generations and give the wines their quality and identity. Thus the Grenache N variety brings a high alcocol content and roundness, Cinsaut N provides finish and elegance, Syrah N fruity aromas, and Mourvèdre N makes the wines well-suited to ageing.

As is the case elsewhere in Provence, vine growing in the geographical area is over 2 000 years old. Vineyards in the area of Aix-en-Provence were widespread as early as the first century B.C. This is when vines became one of the three cornerstones of Mediterranean agriculture, along with olive trees and wheat.

The first phase of development coincided with the arrival of the Romans, followed by trade in the Middle Ages, by way of the Church. René of Anjou, the Count of Provence, brought his influence to bear to make the wines better known, which led to a significant increase in the area under cultivation as early as the 15th century. The vineyards were maintained and there was another important stage in their development starting in the middle of the 19th century with the clearing of ground on the slopes of the hills. This extension of wine-growing was also linked to the development of trade relations. The open trade policy initiated during the Second Empire consolidated this trend.

On 23 January 1956 the appellation of origin for delimited wine of superior quality was granted.

The decree of 24 December 1985 on the controlled designation of origin ‘Coteaux d’Aix-en-Provence’ was the culmination of the qualitative efforts and perseverance of the producers in this community.

The know-how of the winemakers acquired through the experience of several generations is reflected in the blending of wines made in different conditions and with different grape varieties. This know-how adapted to the specific conditions of the area, which is used first and foremost for the production of red wines, has naturally been applied also to rosé wines and white wines.

9.   Essential further conditions (packaging, labelling, other requirements)

Area in immediate proximity

Legal framework:

National legislation

Type of further condition:

Derogation concerning production in the demarcated geographical area

Description of the condition:

The area in immediate proximity, defined by derogation for the making and processing of the wines, comprises the territory of the following municipalities, based on the Official Geographic Code for 2019:

| — | In the department of Bouches-du-Rhône: Arles, Aureille, Beaurecueil, Bouc-Bel-Air, Cabriès, Carry-le-Rouet, Eyragues, Fos-sur-Mer, Gardanne, Grans, Maillane, Meyreuil, Miramas, Mollégès, Noves, Orgon, Les Pennes-Mirabeau, La Roque-d’Anthéron, Marignane, Le Rove, Saint-Antonin-sur-Bayon, Saint-Martin-de-Crau, Saint-Paul-les-Durance, Sausset-les-Pins, Sénas, Tarascon, Le Tholonet and Vitrolles; |
| --- | --- |

—

In the department of Bouches-du-Rhône: Arles, Aureille, Beaurecueil, Bouc-Bel-Air, Cabriès, Carry-le-Rouet, Eyragues, Fos-sur-Mer, Gardanne, Grans, Maillane, Meyreuil, Miramas, Mollégès, Noves, Orgon, Les Pennes-Mirabeau, La Roque-d’Anthéron, Marignane, Le Rove, Saint-Antonin-sur-Bayon, Saint-Martin-de-Crau, Saint-Paul-les-Durance, Sausset-les-Pins, Sénas, Tarascon, Le Tholonet and Vitrolles;

| — | In the department of Var: Esparron and Ollières. |
| --- | --- |

—

In the department of Var: Esparron and Ollières.

Labelling

Legal framework:

National legislation

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

The labels of wines with the controlled designation of origin may specify the broader geographical unit ‘Vin de Provence’.

The size of the letters for this broader geographical unit must not be larger, either in height or width, than the size of the letters forming the name of the controlled designation of origin.

Link to the product specification

https://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-9620d36b-5963-4fa1-81df-458a8ea0c236

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(1)  OJ L 9, 11.1.2019, p. 2.

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| 13.3.2020 | EN | Official Journal of the European Union | C 83/77 |
| --- | --- | --- | --- |

13.3.2020

EN

Official Journal of the European Union

C 83/77

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Publication of an application for approval of amendments, which are not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2020/C 83/15)

This publication confers the right to oppose the amendment application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.

APPLICATION FOR APPROVAL OF NON-MINOR AMENDMENTS TO THE PRODUCT SPECIFICATION FOR A PROTECTED DESIGNATION OF ORIGIN OR PROTECTED GEOGRAPHICAL INDICATION

Application for approval of amendments in accordance with the first subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

‘BRIE DE MELUN’

EU No: PDO-FR-00111-AM01 – 26 September 2018

PDO (X) PGI ( )

1.   Applicant group and legitimate interest

Name: Union interprofessionnelle de défense, de gestion et de contrôle du Brie de Meaux et du Brie de Melun [Inter-professional union for the defence, management and control of Brie de Meaux and Brie de Melun]

Address: 13 rue des Fossés – 77000 Melun, France

Tel. +33 164371392 / Fax +33 164870427

Email: odgbriemeauxmelun@gmail.com

Composition: The group is made up of milk producers, farmers, processors and refiners of ‘Brie de Melun’. It therefore has a legitimate right to propose the amendments.

2.   Member State or third country

France

3.   Heading in the product specification affected by the amendment(s)

| ☐ | Name of product |
| --- | --- |

☐

Name of product

| ☒ | Description of product |
| --- | --- |

☒

Description of product

| ☒ | Geographical area |
| --- | --- |

☒

Geographical area

| ☒ | Proof of Origin |
| --- | --- |

☒

Proof of Origin

| ☒ | Method of production |
| --- | --- |

☒

Method of production

| ☒ | Link |
| --- | --- |

☒

Link

| ☒ | Labelling |
| --- | --- |

☒

Labelling

| ☒ | Other: contact details of the inspection body, national requirements |
| --- | --- |

☒

Other: contact details of the inspection body, national requirements

4.   Type of amendment(s)

| ☐ | Amendments to the product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 |
| --- | --- |

☐

Amendments to the product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

| ☒ | Amendments to the product specification of a registered PDO or PGI for which a Single Document (or equivalent) has not been published and which cannot be qualified as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 |
| --- | --- |

☒

Amendments to the product specification of a registered PDO or PGI for which a Single Document (or equivalent) has not been published and which cannot be qualified as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

5.   Amendment(s)

5.1.   ‘Description of product’

The sentences:

‘“Brie de Melun” is a soft cheese made from raw cow’s milk. It is produced from lactic curd and slowly drained.’

have been replaced by:

‘“Brie de Melun” is a soft cheese made exclusively from raw cow’s milk. It is a predominantly lactic cheese.’

The physical appearance of the cheese has been described more accurately, with the addition that ‘Brie de Melun’ belongs to the category of cheeses with ‘a “bloomy” rind’.

The words ‘made exclusively’ have also been used in the ‘Method of production’ section of the specification in order to highlight the fact that raw milk is the only milk used – a particularity of ‘Brie de Melun’.

The reference to the type of curd has been corrected. The curd is not ‘lactic’ as such but ‘predominantly lactic’, having a direct impact on the texture of the body and the aromas of the cheese.

This sentence has also been added in the Single Document replacing the sentence ‘Soft cheese made from raw cow’s milk, rind covered with a fine crust [...]’ from the summary.

The sentence:

‘It is in the shape of a flat cylinder measuring approximately 27 cm in diameter and 3 cm in height.’

has been replaced by:

‘The cheese comes in the form of a flat cylinder with pointed or rounded edges. It is cast in moulds with an internal diameter of between 27 cm and 28 cm. ’

The description of the product has been supplemented by adding that the edges may be ‘pointed or rounded’.

The dimensions of the cheeses sometimes proved to be inaccurate due to deformation of the cheeses when maturing. It has therefore been added that the size corresponds to the internal diameter of the moulds. The thickness of the cheeses (3 cm) has been deleted as their height depends on the ratio of the diameter of the cheese to its weight. This clarification was therefore not needed.

This sentence has also been added to the Single Document to replace the words ‘flat cylinder’ in the summary.

Reference to the felt-like coating being ‘white’ (in accordance with the summary) has been added, thereby describing more accurately the physical appearance of the rind or ‘bloom’. The coating is linked to the development of Penicillium candidum.

Penicillium candidum.

As the rind can also have red or brown patches due to the development of other cultures, the words ‘or brown’ have been added to the Single Document to supplement the word ‘red’ used in the summary.

The sentence:

‘It contains at least 45 % fat and 40 % dry matter.’

has been replaced by:

‘[...] contains at least 45 grams of fat per 100 grams of total cheese dry matter and at least 40 grams of dry matter per 100 grams of cheese. ’

The fat content is expressed in grams per 100 grams of total cheese dry matter instead of as a percentage. Similarly, the dry matter content is expressed in grams of dry matter per 100 g of cheese instead of as a percentage.

This sentence has also been added to the Single Document.

The concept of ‘uniform cream shade’ has been deleted as the colour of the body varies from the centre to the rind, so it is not uniform. Moreover, the colour is not constant and may vary according to the season and the cows’ feed.

The following paragraph has been added:

‘After ripening for five weeks, “Brie de Melun” will be white in colour. The body is crumbly and slightly runny beneath the rind. It has an initially milky, then yeasty flavour and a slightly acidic taste.

Between five and eight weeks, it matures gently from the rind to the centre, developing a supple consistency. Its aroma develops gradually.

After eight to ten weeks, the “Brie de Melun” is fully mature, with a uniform body and a consistency which varies from supple to slightly runny. It has a hint of bitterness, a milky taste and a lasting flavour. It has an animal and plant-based aroma of balanced proportions. ’

The appearance of the body is described in line with the ripening stage of the cheese.

The consistency changes from ‘crumbly’ (cheese at five weeks) to ‘supple to slightly runny’ (cheese at eight to ten weeks).

With regard to the organoleptic criteria, at the end of the minimum maturing period (five weeks), the ‘Brie de Melun’ has a milky, then yeasty flavour and a slightly acidic taste. Between five and eight weeks its aroma develops. By eight to ten weeks it has a hint of bitterness, a milky taste and a lasting flavour. It has an animal and plant-based aroma of balanced proportions.

This paragraph has also been added to the Single Document.

The sentence:

‘Maturing lasts at least four weeks from the date of production.’

has been replaced by:

‘Maturing lasts for at least five weeks from the date of renneting.’

The ripening time has also been included in the ‘Method of production’ section of the specification. This has been increased from four to five weeks in order to emphasise the typical characteristics of the product and take into account actual practice among operators. In certain cases, four weeks is not enough to obtain the characteristics of ‘Brie de Melun’.

The sentence:

‘After ripening for four weeks, cheeses will weigh between 1,5 kilograms and 1,8 kilograms. ’

has been replaced by:

‘Cheeses will weigh between 1,5 kilograms and 2,2 kilograms. ’

This range takes into account the marketing of ‘Brie de Melun’ at different ripening stages. The more mature the cheese, the more it loses water, so its weight decreases. Below 1,5 kg, it is too dry and no longer displays the characteristics of the PDO.

This sentence has also been added to the Single Document to replace the words ‘1,5 kg average weight’ in the summary.

The following sentence has been added:

‘The “Brie de Melun” may be divided into halves or triangular portions (cut from the centre to the rind) at the end of the minimum five-week maturing period’.

‘Brie de Melun’ is rarely sold whole to the final consumer because it is a large cheese. Segmentation rules have been added to ensure that traditional cutting practices are respected, namely that each piece has an edge of the rind (heel), thereby recalling the rounded shape and format of the cheese. It has also been added that cheeses may only be segmented at the end of the five-week minimum maturing period.

This sentence has also been added to the Single Document.

5.2.   ‘Geographical area’

‘Geographical area’

A list of communes in the geographical area has been added in order to facilitate checks. This list covers all the communes in the geographical area where all stages in milk production, cheese-making and maturing may be carried out, on the basis of the 2017 French Official Geographic Code.

5.3.   ‘Proof of origin’

‘Proof of origin’

The declaration requirements applying to producers have been added. These amendments are linked to changes in national rules and legislation. They include:

| — | identification of the producers for authorisation recognising their ability to meet the requirements of the specification; |
| --- | --- |

—

identification of the producers for authorisation recognising their ability to meet the requirements of the specification;

| — | a paragraph on keeping records and documents on traceability; |
| --- | --- |

—

a paragraph on keeping records and documents on traceability;

| — | the necessary declarations for understanding and monitoring production; |
| --- | --- |

—

the necessary declarations for understanding and monitoring production;

| — | a paragraph on the checks carried out on the characteristics of products intended to be marketed as a designation of origin. |
| --- | --- |

—

a paragraph on the checks carried out on the characteristics of products intended to be marketed as a designation of origin.

5.4.   ‘Description of the production method’

‘Description of the production method’

Milk production

Milk production

Paragraphs on livestock, housing, coarse fodder, concentrates and dietary autonomy (feed and maintenance of forage areas) have been added to the specification in order to record traditional practices.

Livestock

The following definition of the dairy herd has been added: all dairy cows on the holding, including weaned heifers and dry cows. The herd has been defined in this way so as to clarify which animals are referred to when the term ‘dairy herd’ is used in the specification, to avoid any confusion and facilitate checks.

The following composition of the dairy herd has been added: at least 80% of the animals must be born on the holding or come from dairy herds in the geographical area in order to ensure that the cows are best suited to the local livestock-rearing conditions (rearing on straw, type of rations) and for the processing of raw milk.

It has been added that bulls chosen for breeding (insemination and natural service) must be those which enhance protein content, thereby ensuring that milk produced in the geographical area can continue to be processed into ‘Brie de Melun’.

Housing

It has been added that the use of straw for dairy cows’ bedding is compulsory as it is traditional practice in the geographical area for dairy cows to have straw bedding in their sheds. This type of housing supports a microbial ecosystem that influences the natural flora of the raw milk, which in turn contributes to the specific characteristics of ‘Brie de Melun’. Minimum quantities for the supply of straw are added in order to guarantee the quality of the bedding (0,5 kg per cow per day in free stalls, 5 kg in open housing). The straw is stored under cover in order to preserve its quality.

Feed for dairy cows

The following definition of the total ration has been added: ‘all coarse fodder (basic ration) and concentrates distributed’. Furthermore, grass has also been defined as follows: ‘all grass-based and/or legume-based products sourced from permanent, temporary or artificial pasture’ to allow for a better understanding of the provisions of the specification during checks.

It has been added that 80 % of the dry matter in the herd’s total ration must come from the geographical area and 50 % from the holding itself, as the Brie producers traditionally use the by-products of their own main crops (cereals, beet) and those of the geographical area.

This provision has been added to paragraph 3.3 of the Single Document.

Holdings are mixed-crop/livestock farms and thus have a variety of crops that can be used to feed the herd. However, concentrated nitrogen feed sources are often not available in sufficient quantity to cover the needs of lactating dairy cows. Farmers can thus use feed that is not from the area for a maximum of 20 % of the dry matter in the total feed ration.

The local cattle feed system is based on a diversified basic ration with an emphasis on the by-products of the holding and the geographical area. The following has therefore been added:

| — | the list of authorised coarse fodder (pasture grass, distributed fresh or preserved in the form of silage, hay, wrapped or dried; immature legumes and cereals, distributed fresh or preserved in the form of silage; maize and sorghum distributed fresh, preserved in the form of silage or dried; dregs of cereals; fodder beet and other roots and tubers, and fresh, pressed or dried pulps thereof; straw from cereals, legumes and oilseeds). Extra detail has also been added regarding the method for distributing fodder beet, potatoes and green fodder. |
| --- | --- |

—

the list of authorised coarse fodder (pasture grass, distributed fresh or preserved in the form of silage, hay, wrapped or dried; immature legumes and cereals, distributed fresh or preserved in the form of silage; maize and sorghum distributed fresh, preserved in the form of silage or dried; dregs of cereals; fodder beet and other roots and tubers, and fresh, pressed or dried pulps thereof; straw from cereals, legumes and oilseeds). Extra detail has also been added regarding the method for distributing fodder beet, potatoes and green fodder.

| — | the basic ration must be composed of at least three components, including two mandatory components: fresh or preserved grass (4 kg of dry matter per dairy cow in production per day, 2 kg of which must be from a fodder legume) and beet pulp or fodder beet (a minimum of 2 kg of dry matter per dairy cow in production per day). |
| --- | --- |

—

the basic ration must be composed of at least three components, including two mandatory components: fresh or preserved grass (4 kg of dry matter per dairy cow in production per day, 2 kg of which must be from a fodder legume) and beet pulp or fodder beet (a minimum of 2 kg of dry matter per dairy cow in production per day).

This provision has been added to paragraph 3.3 of the Single Document.

It has been added that the main feed component may not exceed 60 % of the fodder volume in order to ensure a diversified feed ration. However, if the main feed component is grass, this percentage may be exceeded. In such cases, the requirement that feed must comprise three components does not need to be met.

This provision has been added to paragraph 3.3 of the Single Document.

It has been added that the share of concentrated feed is limited to 25 % of the dry matter in the total average annual feed ration per dairy cow to emphasise the importance of coarse fodder in the dairy cows’ feed and thus strengthen the link with the geographical area.

This provision and the following list have also been added to paragraph 3.3 of the Single Document.

A list of authorised concentrates and their method of distribution have been added:

| — | cereal grains and products derived therefrom, |
| --- | --- |

—

cereal grains and products derived therefrom,

| — | legume seeds and products derived therefrom, |
| --- | --- |

—

legume seeds and products derived therefrom,

| — | oil seeds, oil fruits, and products derived therefrom, |
| --- | --- |

—

oil seeds, oil fruits, and products derived therefrom,

| — | beet molasses or sugar cane, |
| --- | --- |

—

beet molasses or sugar cane,

| — | whey (for farm-based producers only), |
| --- | --- |

—

whey (for farm-based producers only),

| — | nutritional additives, except rumen-protected methionine, urea and derivatives thereof, |
| --- | --- |

—

nutritional additives, except rumen-protected methionine, urea and derivatives thereof,

| — | zootechnical additives. |
| --- | --- |

—

zootechnical additives.

A minimum grazing time of five months for heifers in the geographical area has also been added.

It has been added that the sowing of transgenic crops on all areas of a holding producing milk intended for processing into cheese with a ‘Brie de Melun’ designation of origin is prohibited (this prohibition applies to any plant species likely to be given as feed to animals on the holding, and to all crops likely to contaminate them). This makes it possible to maintain the link with the geographical area and emphasise the traditional character of the feed (50 % of the dry matter in the herd’s total ration must come from the holding).

Maintenance of forage areas

Conditions on the spreading of organic manure have been added (a minimum of 30 days between organic fertilisation and mowing or grazing of grassland, 21 days in the case of compost, monitoring the quality of manure of non-agricultural origin, conditions for the spreading of organic manure of non-agricultural origin). This is to avoid any risk of contamination as ‘Brie de Melun’ is made from raw milk.

Production conditions

Production conditions

Paragraphs on the milk used, the cheese-making process (renneting, moulding, draining, salting, drying/exudation), transport before maturing, refining and shipping have been added.

Information has also been added to this section to describe the techniques used to produce ‘Brie de Melun’. |It aims to clarify the practices that reflect the know-how of operators while regulating the target values in order to ensure the specific characteristics of the product.

The milk used

A maximum time limit has been added for milk to be collected and used: collection every 48 hours at most, 36 hours between the collection of milk and seeding it [with Penicillum candidum], since this cheese is made exclusively from raw milk and the milk quality deterioration must be limited.

Penicillum candidum

The following has been added:

| — | the fat content of the raw cow’s milk used is standardised through partial skimming of the milk at a maximum of 40 °C; |
| --- | --- |

—

the fat content of the raw cow’s milk used is standardised through partial skimming of the milk at a maximum of 40 °C;

| — | the milk is matured in the form of a pre-maturing and/or a maturing process. The pre-maturing phase lasts for less than 48 hours at a maximum temperature of 35 °C; |
| --- | --- |

—

the milk is matured in the form of a pre-maturing and/or a maturing process. The pre-maturing phase lasts for less than 48 hours at a maximum temperature of 35 °C;

| — | the maturing phase lasts for less than 7 hours at a maximum temperature of 31 °C; |
| --- | --- |

—

the maturing phase lasts for less than 7 hours at a maximum temperature of 31 °C;

| — | in addition to the dairy raw materials, the following ingredients are authorised: rennet, bacterial cultures, yeasts, moulds, the safety of which has been proven, calcium chloride and salt; |
| --- | --- |

—

in addition to the dairy raw materials, the following ingredients are authorised: rennet, bacterial cultures, yeasts, moulds, the safety of which has been proven, calcium chloride and salt;

| — | it is forbidden to use the following types of milk: microfiltered, recombinant, reconstituted or diluted milk. In particular, the addition of milk powder is also prohibited except for the starter cultures. The use of fully or partly concentrated milk through whatever process (ultrafiltration, microfiltration or another method) is also forbidden; |
| --- | --- |

—

it is forbidden to use the following types of milk: microfiltered, recombinant, reconstituted or diluted milk. In particular, the addition of milk powder is also prohibited except for the starter cultures. The use of fully or partly concentrated milk through whatever process (ultrafiltration, microfiltration or another method) is also forbidden;

| — | the addition of proteins is also prohibited; the milk used can only be raw milk with its fat content standardised by means of skimming; |
| --- | --- |

—

the addition of proteins is also prohibited; the milk used can only be raw milk with its fat content standardised by means of skimming;

| — | milk powder starter cultures may be added, provided the proportion added does not exceed 4 % of the volume of milk used in the production process; |
| --- | --- |

—

milk powder starter cultures may be added, provided the proportion added does not exceed 4 % of the volume of milk used in the production process;

| — | seeding with thermophilic culture is prohibited as this would affect the organoleptic characteristics of the ‘Brie de Melun’. |
| --- | --- |

—

seeding with thermophilic culture is prohibited as this would affect the organoleptic characteristics of the ‘Brie de Melun’.

These derive from the know-how and current practices of the makers of ‘Brie de Melun’.

Processing

The following has been added:

| — | storing the raw materials and cheeses being made in minus temperatures or in a modified atmosphere is prohibited to safeguard the characteristics of ‘Brie de Melun’; |
| --- | --- |

—

storing the raw materials and cheeses being made in minus temperatures or in a modified atmosphere is prohibited to safeguard the characteristics of ‘Brie de Melun’;

| — | traditional materials (wood, straw, rushes) are authorised for the cheese-making and maturing stages (this concerns in particular the boards or mats used for draining the cheeses and the turning of the cheeses when maturing). |
| --- | --- |

—

traditional materials (wood, straw, rushes) are authorised for the cheese-making and maturing stages (this concerns in particular the boards or mats used for draining the cheeses and the turning of the cheeses when maturing).

Reference has been added to the point at which the cheese-making and maturing periods begin, i.e. from the renneting date.

- Renneting

The sentence:

‘The milk may only be heated once, at the time of renneting, to a maximum temperature of 30 °C.’

has been replaced by:

‘During renneting, the temperature of the milk may not exceed 31 °C’.

In practice, the milk is first heated to allow it to be skimmed and then heated again for renneting. The provision that the milk may only be heated once, which was primarily intended to conserve the rawness of the milk, has thus been deleted. The heating temperature remains less than or equal to 40 °C so that the milk used is still raw.

The target values for renneting (pH less than 6,5 or acidity greater than 21 °D, milk temperature less than or equal to 31 °C) and the pH when coagulation is complete (pH less than 4,8 or acidity greater than 60 ° Dornic) have been added as they describe the typical ‘Brie de Melun’ technique.

The sentence ‘Coagulation lasts a minimum of eighteen hours’ (also mentioned in the summary) has been replaced by ‘Coagulation lasts a minimum of sixteen hours.’. The reason for this is that the parameters are comfortably met as of sixteen hours of coagulation.

The nature of the rennet has been added. It is of bovine origin, which means that rennet of plant or microbial origin may not be used. The doses used have also been added, namely a maximum dose of 15 mg per 100 l of milk and a maximum chymosin strength of 750 mg/l.

- Moulding:

A reminder of the internal dimensions of the moulds specified under the heading ‘Description of product’ has been added.

It now states that the curd may be sliced and that it is stirred (this splits up the cheese and starts the draining process). It has also been added that the curd is placed into its mould on boards or mats so that the whey drains off.

The sentence ‘The resulting body, which is very fragile, must be handled with extreme care’ has been deleted as this is impossible to check with accuracy.

- Draining:

A minimum drain time of 18 hours has been added, replacing the reference to ‘slow’ in the current specification due to the nature of the predominantly lactic curd. It has also been added that draining occurs spontaneously and that the cheese is turned at least twice to encourage the whey to be removed by gravity. The 36-hour draining period referred to in the summary was a transcription error and does not reflect the production method used.

- Salting

Reference has been added to the cheese being salted on both sides and along its heel within 48 hours of being removed from its mould so that the salt penetrates the entire body of the cheese evenly. The requirement mentioned in the current summary – but not in the specification – according to which salting must be carried out by hand, is incorrect. Mechanical salting allows for more regular and even salting now that the mechanical techniques for doing so are efficient and well controlled.

- Drying/exudation

It has been added that after draining, cheeses may be place on a board or mat made of plant-based material as this helps with the drying process.

It is now stated that after salting, cheeses are left to dry for a minimum of ten days at a temperature of between 6 °C and 12 °C.

- Transportation before maturing

It has been added that ‘fresh salt’ cheeses (i.e. cheeses made less than seven days ago) may be sent to cheese refiners. The transport conditions have been added to ensure that this does not overly interrupt the cheeses’ development, i.e. transport at plus temperatures of up to 12 °C for no more than 24 hours. Any journey longer than 24 hours must be added to the five-week minimum maturing period.

- Maturing

It has been added that the minimum maturing period is counted from the date of renneting rather than the date of manufacture. This is more precise and ensures that checks are objective. Furthermore, this period has been increased from four to five weeks in order to emphasise the typical characteristics of the product and take into account current practice among operators.

Maturing conditions have been added in accordance with current practices.

| — | temperature of between 4 °C and 14 °C; |
| --- | --- |

—

temperature of between 4 °C and 14 °C;

| — | humidity of between 80 % and 98 %; |
| --- | --- |

—

humidity of between 80 % and 98 %;

| — | turning at least once per week in order to ensure uniform development of the bloomy rind on both sides; |
| --- | --- |

—

turning at least once per week in order to ensure uniform development of the bloomy rind on both sides;

| — | turning by hand due to the crumbly, and therefore fragile, curd; |
| --- | --- |

—

turning by hand due to the crumbly, and therefore fragile, curd;

| — | maturing on wooden boards permitted. This traditional technique is still commonly used. |
| --- | --- |

—

maturing on wooden boards permitted. This traditional technique is still commonly used.

- Dispatch

It is been added that ‘Brie de Melun’ is packaged by wrapping it in paper or plastic film, that it may or may not be on a bed of straw, and that it is dispatched in a carton or box or in a wooden crate or delivery crate. The packaging used must make it possible to handle the cheese without breaking it.

These rules have been added to point 3.5 of the Single Document ‘Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to’.

5.5.   ‘Link’

‘Link’

The link has been entirely rewritten to make the link between ‘Brie de Melun’ and its geographical area clearer, without altering the substance of the link itself. Particular emphasis has been placed on how the milk production conditions allow the use of raw milk suitable for cheese making, which requires specific know-how and maturing conditions. The point on the ‘Specificity of the geographical area’ reiterates the geographical area’s natural and human factors, summarising historical aspects and highlighting relevant specific know-how. The point on the ‘Specificity of the product’ showcases some of the aspects first presented in the description of the product. Finally, the point ‘Causal link’ explains the interactions between the natural and human factors and the product.

This amendment has also been made to the Single Document.

5.6.   ‘Labelling’

‘Labelling’

The reference to the INAO logo has been deleted.

The following has been added:

‘The labelling of “Brie de Melun” must include:

| — | the name of the designation |
| --- | --- |

—

the name of the designation

| — | the European Union’s PDO logo. ’ |
| --- | --- |

—

the European Union’s PDO logo. ’

This amendment has also been made to the Single Document.

5.7.   ‘Other’

‘Other’

The address of the responsible department in the Member State has been updated.

The name and contact details of the group have been updated.

Under the heading on the geographical area:

| — | the words ‘Brie natural region with the Melun plains situated at its heart’ have been deleted as they do not describe the boundaries of the geographical area; |
| --- | --- |

—

the words ‘Brie natural region with the Melun plains situated at its heart’ have been deleted as they do not describe the boundaries of the geographical area;

Under the heading on references to the inspection bodies, the name and contact details of the official bodies have been updated. This section provides the contact details of the authorities responsible for national inspections, i.e.: the National Institute of Origin and Quality (INAO) and the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF). It has been added that the name and contact details of the certification body may be consulted via the INAO website and the European Commission’s database.

As regards the section on national requirements, a table displaying the main points to be checked and the method of evaluating them has been added.

SINGLE DOCUMENT

‘BRIE DE MELUN’

‘BRIE DE MELUN’

EU No: PDO-FR-00111-AM01 – 26 September 2018

EU No: PDO-FR-00111-AM01 – 26 September 2018

PDO (X) PGI ( )

PDO (X) PGI ( )

1.   Name(s)

Name(s)

‘Brie de Melun’

2.   Member State or third country

Member State or third country

France

3.   Description of the agricultural product or foodstuff

Description of the agricultural product or foodstuff

3.1.   Type of product

Type of product

Class 1.3. Cheeses

3.2.   Description of product to which the name in (1) applies

Description of product to which the name in (1) applies

‘Brie de Melun’ is a soft cheese made exclusively from raw cow’s milk. It is a predominantly lactic cheese.

The cheese comes in the form of a flat cylinder with pointed or rounded edges. It is cast in moulds with an internal diameter of between 27 cm and 28 cm.

‘Brie de Melun’ has a fine rind or ‘bloom’ covered in a felt-like white coating, strewn with red or brown streaks or patches.

Its body is slightly salty and contains at least 45 grams of fat per 100 grams of total cheese dry matter and at least 40 grams of dry matter per 100 grams of cheese.

The minimum maturing time is five weeks from the date of renneting. At this point, cheeses weigh between 1,5 kilograms and 2,2 kilograms.

After ripening for five weeks, ‘Brie de Melun’ will be white in colour. The body is crumbly and slightly runny beneath the rind. It has an initially milky, then yeasty flavour and a slightly acidic taste. Between five and eight weeks, it matures gently from the rind to the centre, developing a supple consistency. Its aroma develops gradually. After eight to ten weeks, the ‘Brie de Melun’ is fully mature, with a uniform body and a consistency which varies from supple to slightly runny. It has a hint of bitterness, a milky taste and a lasting flavour. It has an animal and plant-based aroma of balanced proportions.

The ‘Brie de Melun’ may be divided into halves or triangular portions (cut from the centre to the rind) at the end of the minimum five-week maturing period.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

Feed (for products of animal origin only) and raw materials (for processed products only)

The dairy cows’ basic feed ration is varied. Each day of the year it comprises a minimum of three components, two of which must be present, namely:

| — | fresh or preserved grass corresponding to at least 4 kg of dry matter. Grass is either grazed by the dairy cows or fed to them. Moreover, a minimum of 2 kg of the dry matter must be produced from a fodder legume. |
| --- | --- |

—

fresh or preserved grass corresponding to at least 4 kg of dry matter. Grass is either grazed by the dairy cows or fed to them. Moreover, a minimum of 2 kg of the dry matter must be produced from a fodder legume.

| — | Beet pulp or fodder beet, with a minimum of 2 kg of dry matter. |
| --- | --- |

—

Beet pulp or fodder beet, with a minimum of 2 kg of dry matter.

The main feeding stuff may not exceed 60 % of the basic feed ration in dry matter. Where the feed ration is more than 60 % grass, the three components are not required.

Intake of concentrated feed is capped at 25 % of the dry matter in the total average annual feed ration per dairy cow per day. The following are authorised:

| — | cereal grains and products derived therefrom, |
| --- | --- |

—

cereal grains and products derived therefrom,

| — | legume seeds and products derived therefrom, |
| --- | --- |

—

legume seeds and products derived therefrom,

| — | oil seeds, oil fruits, and products derived therefrom, |
| --- | --- |

—

oil seeds, oil fruits, and products derived therefrom,

| — | beet molasses or sugar cane, |
| --- | --- |

—

beet molasses or sugar cane,

| — | whey (for farm-based producers only), |
| --- | --- |

—

whey (for farm-based producers only),

| — | nutritional additives, except rumen-protected methionine, urea and derivatives thereof, |
| --- | --- |

—

nutritional additives, except rumen-protected methionine, urea and derivatives thereof,

| — | zootechnical additives. |
| --- | --- |

—

zootechnical additives.

At least 80 % of the dry matter in the total feed ration of the dairy herd must come from the geographical area. Furthermore, the average annual share of feed coming from the geographical area and from the holding must represent at least 50 % of the dry matter in the total feed ration of the herd.

Holdings are mixed-crop/livestock farms and thus have a variety of crops that can be used to feed the herd. However, concentrated nitrogen feed sources are often insufficient to cover the needs of lactating dairy cows. The farmers can thus use feed that is not from the area for a maximum of 20 % of the dry matter in the total feed ration.

3.4.   Specific steps in production that must take place in the defined geographical area

Specific steps in production that must take place in the defined geographical area

The milk is produced and the cheese made and matured in the geographical area.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

‘Brie de Melun’ is packaged wrapped in paper or plastic film and it may or may not be on a bed of straw. It is dispatched in a carton or box or in a wooden crate or delivery crate. Due to the crumbly body of the cheese, the packaging used must allow the cheese to be handled without it breaking.

3.6.   Specific rules concerning labelling of the product the registered name refers to

Specific rules concerning labelling of the product the registered name refers to

The labelling of ‘Brie de Melun’ must include:

| — | the name of the designation |
| --- | --- |

—

the name of the designation

| — | the European Union’s PDO logo. |
| --- | --- |

—

the European Union’s PDO logo.

4.   Concise definition of the geographical area

Concise definition of the geographical area

Department of Seine-et-Marne (77);

Department of Aube (10):

Communes fully included in the geographical area: Avant-Les-Marcilly, Avon-La-Peze, Bercenay-Le-Hayer, Bourdenay, Bouy-Sur-Orvin, Charmoy, Courceroy, Dierrey-Saint-Julien, Dierrey-Saint-Pierre, Echemines, Faux-Villecerf, Fay-Les-Marcilly, Ferreux-Quincey, Fontaine-Macon, Fontenay-De-Bossery, Gumery, La Louptiere-Thenard, Marcilly-Le-Hayer, Marigny-Le-Chatel, Marnay-Sur-Seine, Le Meriot, Mesnil-Saint-Loup, La Motte-Tilly, Nogent-Sur-Seine, Planty, Pont-Sur-Seine, Pouy-Sur-Vannes, Prunay-Belleville, Rigny-La-Nonneuse, Saint-Aubin, Saint-Flavy, Saint-Lupien, Saint-Nicolas-La-Chapelle, Soligny-Les-Etangs, Trainel, Trancault, Villadin;

Communes partially included in the geographical area: Aix-Villemaur-Palis;

Department of Yonne (89): La Belliole, Brannay, Champigny, La Chapelle-Sur-Oreuse, Chaumont, Cheroy, Compigny, Courlon-Sur-Yonne, Courtoin, Cuy, Dollot, Domats, Evry, Foucheres, Gisy-Les-Nobles, Jouy, Lixy, Michery, Montacher-Villegardin, Pailly, Plessis-Saint-Jean, Pont-Sur-Yonne, Saint-Agnan, Saint-Serotin, Saint-Valerien, Savigny-Sur-Clairis, Serbonnes, Sergines, Thorigny-Sur-Oreuse, Vallery, Vernoy, Villeblevin, Villebougis, Villemanoche, Villenavotte, Villeneuve-La-Dondagre, Villeneuve-La-Guyard, Villeperrot, Villeroy, Villethierry, Perceneige, Vinneuf.

5.   Link with the geographical area

Link with the geographical area

The geographical area of ‘Brie de Melun’ PDO is the Brie natural region located in the eastern part of the Île-de-France region. It comprises a natural area clearly demarcated by its soil composition and relief. The landscape of the geographical area consists of large plateaus extending for the most part across the downstream end of the Marne Valley to the central section of the Seine Valley. Its impermeable subsoil prevents water infiltration and sculpts multiple valleys into the landscape.

The loess-covered plateaus are fertile and conducive to growing cereals and fodder crops. The clay-covered slopes of the modest valleys are less well suited to growing cereals and have pastures suitable for grazing, like those found on valley floors.

Historically, the plateaus were given over to cereal crops, with livestock rearing confined to the valleys and the slopes, where the town of Melun is situated.

In the 18th century, agronomists recommended sowing leguminous crops on temporary grassland rather than leaving the land fallow, as was the traditional three-year crop rotation practice at the time. This not only had beneficial effects on cereal production, but also allowed large quantities of fodder to be produced for feeding animals. Since then, some cereal farms in the Brie region have transitioned to mixed-crop/livestock farms.

th

The Brie region did not become a specialised livestock area, as the peculiarity of the Briard system was to incorporate livestock rearing into a crop rotation system based on cereal production. The straw from this important cereal production was used for the cows’ bedding.

With the development of the alcohol and sugar industry, sugar beet production also became an essential component of the mixed crop production in Brie. The by-products were consumed by the livestock, which was considered the best way to use everything that farms produced and could not sell. The herd’s feed thus included a large number of cereal by-products (straw, chaff and bran), as well as oilseed cake and beet.

The brie was made on the farms and the size of the moulds corresponded to the quantity of milk available on the farm. At the end of the 19th century, with cheese production becoming profitable, production conditions improved. Better command of the technology led to the emergence of two types of cheese: small-format ‘Brie de Melun’ used lactic curd-type techniques and larger cheeses used rennet-type techniques.

th

Use is still being made of this range of expertise today, namely the production of protein-rich milk suited to processing into cheese, milk ripening and slow coagulation to produce lactic curd, followed by stirring of the curd and casting in small moulds.

‘Brie de Melun’ is a soft cheese made from raw cow’s milk, with a ‘bloomy’ rind. It is a predominantly lactic cheese.

Made in cylindrical moulds with a diameter of 27 to 28 centimetres, it is pancake-shaped with pointed or rounded edges.

When matured, it has a fine rind covered in a felt-like white coating, strewn with red or brown streaks or patches.

After five weeks’ maturing, ‘Brie de Melun’ has a crumbly body which is slightly runny beneath the rind. It has an initially milky, then yeasty flavour and a slightly acidic taste.

Between five and eight weeks, it matures gently from the rind to the centre, developing a supple consistency and its aroma. After eight to ten weeks, the ‘Brie de Melun’ is fully matured and has a consistency ranging from supple to slightly runny. It has a hint of bitterness, a milky taste and a lasting flavour.

In this cereal-oriented region, mixed crop/livestock farms use legumes, beet and a wide variety of products derived from beet and locally available cereals to feed their herds. These by-product-based rations produce a milk that is relatively low in fat but rich in proteins and thus lends itself well to cheese making. Furthermore, the cows’ straw bedding supports a microbial ecosystem that influences the natural flora of the raw milk.

Besides the feeding conditions of the cows, ‘Brie de Melun’ owes its specific nature to the fact that only raw milk is used to produce it and from its lactic production technology. This requires know-how which producers in the geographical area have developed and preserved.

Originally developed on farms using methods of production that required basic equipment and gave farmers flexibility to go about their different tasks, this know-how is illustrated in particular through the way the milk is ripened, the slow coagulation (minimum of 16 hours), the breaking down and stirring of the curd to begin draining it in vats and the use of small moulds due to the crumbliness of the cheese.

Finally, the treatment of the cheeses from the time of dry salting and throughout the maturing process allows the ‘Brie de Melun’ to express its own specific aromas.

Reference to publication of the specification

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

https://extranet.inao.gouv.fr/fichier/CDC-BrieMelun-190507.pdf

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(1)  OJ L 343, 14.12.2012, p. 1.

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