# Official Journal C 205/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 205 |
| | |
| English edition | Information and Notices | Volume 599 June 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 205

English edition

Information and Notices

Volume 599 June 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 205/01 | Non-opposition to a notified concentration (Case M.8012 — HAL Investments/Coolblue) (
  1
  ) | 1 |
| 2016/C 205/02 | Non-opposition to a notified concentration (Case M.7910 — Kesko/Onninen) (
  1
  ) | 1 |
| 2016/C 205/03 | Non-opposition to a notified concentration (Case M.8031 — 3i Group/Wood Creek/Wireless Infrastructure Group) (
  1
  ) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 205/01

Non-opposition to a notified concentration (Case M.8012 — HAL Investments/Coolblue) (
  1
  )

1

1

2016/C 205/02

Non-opposition to a notified concentration (Case M.7910 — Kesko/Onninen) (
  1
  )

1

1

2016/C 205/03

Non-opposition to a notified concentration (Case M.8031 — 3i Group/Wood Creek/Wireless Infrastructure Group) (
  1
  )

1

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 205/04 | Euro exchange rates | 3 |
| | NOTICES FROM MEMBER STATES |
| 2016/C 205/05 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 4 |
| 2016/C 205/06 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 8 |
| 2016/C 205/07 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 12 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 205/04

Euro exchange rates

3

NOTICES FROM MEMBER STATES

2016/C 205/05

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

4

2016/C 205/06

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

8

2016/C 205/07

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

12

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| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2016/C 205/08 | Notice of open competitions | 16 |
| | OTHER ACTS |
| | European Commission |
| 2016/C 205/09 | Publication of an application 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 | 17 |
| 2016/C 205/10 | Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a Contracting Entity | 22 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2016/C 205/08

Notice of open competitions

16

OTHER ACTS

European Commission

2016/C 205/09

Publication of an application 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

17

2016/C 205/10

Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a Contracting Entity

22

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 9.6.2016 | EN | Official Journal of the European Union | C 205/1 |
| --- | --- | --- | --- |

9.6.2016

EN

Official Journal of the European Union

C 205/1

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Non-opposition to a notified concentration

(Case M.8012 — HAL Investments/Coolblue)

(Text with EEA relevance)

(2016/C 205/01)

On 1 June 2016, 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 the English language 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 32016M8012. EUR-Lex is the online access to European law. |
| --- | --- |

—

In electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8012. EUR-Lex is the online access to European law.

---

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

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| 9.6.2016 | EN | Official Journal of the European Union | C 205/1 |
| --- | --- | --- | --- |

9.6.2016

EN

Official Journal of the European Union

C 205/1

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Non-opposition to a notified concentration

(Case M.7910 — Kesko/Onninen)

(Text with EEA relevance)

(2016/C 205/02)

On 24 May 2016, 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 the English language 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 32016M7910. EUR-Lex is the online access to European law. |
| --- | --- |

—

In electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7910. EUR-Lex is the online access to European law.

---

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

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| 9.6.2016 | EN | Official Journal of the European Union | C 205/2 |
| --- | --- | --- | --- |

9.6.2016

EN

Official Journal of the European Union

C 205/2

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Non-opposition to a notified concentration

(Case M.8031 — 3i Group/Wood Creek/Wireless Infrastructure Group)

(Text with EEA relevance)

(2016/C 205/03)

On 2 June 2016, 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 the English language 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 32016M8031. EUR-Lex is the online access to European law. |
| --- | --- |

—

In electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8031. EUR-Lex is the online access to European law.

---

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 9.6.2016 | EN | Official Journal of the European Union | C 205/3 |
| --- | --- | --- | --- |

9.6.2016

EN

Official Journal of the European Union

C 205/3

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Euro exchange rates (1)

8 June 2016

(2016/C 205/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1378 |
| JPY | Japanese yen | 121,77 |
| DKK | Danish krone | 7,4364 |
| GBP | Pound sterling | 0,78048 |
| SEK | Swedish krona | 9,2283 |
| CHF | Swiss franc | 1,0942 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,2055 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 310,09 |
| PLN | Polish zloty | 4,3228 |
| RON | Romanian leu | 4,5064 |
| TRY | Turkish lira | 3,2799 |
| AUD | Australian dollar | 1,5228 |
| CAD | Canadian dollar | 1,4430 |
| HKD | Hong Kong dollar | 8,8338 |
| NZD | New Zealand dollar | 1,6226 |
| SGD | Singapore dollar | 1,5337 |
| KRW | South Korean won | 1 311,38 |
| ZAR | South African rand | 16,7612 |
| CNY | Chinese yuan renminbi | 7,4727 |
| HRK | Croatian kuna | 7,5285 |
| IDR | Indonesian rupiah | 15 025,79 |
| MYR | Malaysian ringgit | 4,5811 |
| PHP | Philippine peso | 52,223 |
| RUB | Russian rouble | 72,5458 |
| THB | Thai baht | 39,994 |
| BRL | Brazilian real | 3,8786 |
| MXN | Mexican peso | 20,6820 |
| INR | Indian rupee | 75,7210 |

Currency

Exchange rate

USD

US dollar

1,1378

JPY

Japanese yen

121,77

DKK

Danish krone

7,4364

GBP

Pound sterling

0,78048

SEK

Swedish krona

9,2283

CHF

Swiss franc

1,0942

ISK

Iceland króna

NOK

Norwegian krone

9,2055

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

310,09

PLN

Polish zloty

4,3228

RON

Romanian leu

4,5064

TRY

Turkish lira

3,2799

AUD

Australian dollar

1,5228

CAD

Canadian dollar

1,4430

HKD

Hong Kong dollar

8,8338

NZD

New Zealand dollar

1,6226

SGD

Singapore dollar

1,5337

KRW

South Korean won

1 311,38

ZAR

South African rand

16,7612

CNY

Chinese yuan renminbi

7,4727

HRK

Croatian kuna

7,5285

IDR

Indonesian rupiah

15 025,79

MYR

Malaysian ringgit

4,5811

PHP

Philippine peso

52,223

RUB

Russian rouble

72,5458

THB

Thai baht

39,994

BRL

Brazilian real

3,8786

MXN

Mexican peso

20,6820

INR

Indian rupee

75,7210

---

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

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NOTICES FROM MEMBER STATES

| 9.6.2016 | EN | Official Journal of the European Union | C 205/4 |
| --- | --- | --- | --- |

9.6.2016

EN

Official Journal of the European Union

C 205/4

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Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2016/C 205/05)

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

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

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

1.

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

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

The language of the tendering procedure is Hungarian.

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

2.

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

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

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

3.

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

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








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Abádszalók | Jász–Nagykun–Szolnok | Kunhegyes | Jász–Nagykun–Szolnok |
| Berekfürdő | Jász–Nagykun–Szolnok | Kunmadaras | Jász–Nagykun–Szolnok |
| Bucsa | Békés | Nádudvar | Hajdú–Bihar |
| Dévaványa | Békés | Nagyiván | Jász–Nagykun–Szolnok |
| Ecsegfalva | Békés | Püspökladány | Hajdú–Bihar |
| Karcag | Jász–Nagykun–Szolnok | Tiszaörs | Jász–Nagykun–Szolnok |
| Kenderes | Jász–Nagykun–Szolnok | Tiszaszentimre | Jász–Nagykun–Szolnok |
| Kertészsziget | Békés | Tomajmonostora | Jász–Nagykun–Szolnok |
| Kisújszállás | Jász–Nagykun–Szolnok | Túrkeve | Jász–Nagykun–Szolnok |

4.

Data on area designated for concession:

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

Municipality

County

Municipality

County

Abádszalók

Jász–Nagykun–Szolnok

Kunhegyes

Jász–Nagykun–Szolnok

Berekfürdő

Jász–Nagykun–Szolnok

Kunmadaras

Jász–Nagykun–Szolnok

Bucsa

Békés

Nádudvar

Hajdú–Bihar

Dévaványa

Békés

Nagyiván

Jász–Nagykun–Szolnok

Ecsegfalva

Békés

Püspökladány

Hajdú–Bihar

Karcag

Jász–Nagykun–Szolnok

Tiszaörs

Jász–Nagykun–Szolnok

Kenderes

Jász–Nagykun–Szolnok

Tiszaszentimre

Jász–Nagykun–Szolnok

Kertészsziget

Békés

Tomajmonostora

Jász–Nagykun–Szolnok

Kisújszállás

Jász–Nagykun–Szolnok

Túrkeve

Jász–Nagykun–Szolnok

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

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

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

Size of area designated for concession: 866 km2.

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

| 5. | Minimum net concession fee: HUF 372 000 000 (three hundred and seventy-two million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 372 000 000 (three hundred and seventy-two million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 7 000 000 (seven million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 7 000 000 (seven million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

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

7.

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

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession.

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

9.

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

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

10.

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

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

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code BUCCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within 5 days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code BUCCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within 5 days of the submission deadline.

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

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

12.

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

| 13. | Bids must be submitted in person on 27 September 2016 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 27 September 2016 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

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

14.

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

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

15.

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

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

16.

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

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

17.

Each bidder may submit only a single bid.

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

18.

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

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

19.

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

| 20. | Tender adjudication criteria:






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






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

20.

Tender adjudication criteria:

(I)

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

—

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

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

—

the planned duration of the research;

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

—

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

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

—

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

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

—

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

| — | how soon commencement of production is envisaged (by law, within less than 5 years). |
| --- | --- |

—

how soon commencement of production is envisaged (by law, within less than 5 years).

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






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

(II)

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

—

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

| — | the total value of work performed in connection with hydrocarbon mining in the 3 years preceding the invitation to tender. |
| --- | --- |

—

the total value of work performed in connection with hydrocarbon mining in the 3 years preceding the invitation to tender.

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






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

(III)

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

—

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

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

—

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

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

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

21.

The concession contract

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

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

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

The draft concession contract is annexed to the Tender Document.

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

22.

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

Budapest, 5 April 2016.

Dr Miklós SESZTÁK

Minister

---

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

1

---

| 9.6.2016 | EN | Official Journal of the European Union | C 205/8 |
| --- | --- | --- | --- |

9.6.2016

EN

Official Journal of the European Union

C 205/8

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2016/C 205/06)

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

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

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

1.

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

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

The language of the tendering procedure is Hungarian.

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

2.

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

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

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

3.

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

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Győr-Moson-Sopron and Komárom-Esztergom.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Ács | Komárom–Esztergom | Nagyszentjános | Győr–Moson–Sopron |
| Bábolna | Komárom–Esztergom | Nyalka | Győr–Moson–Sopron |
| Bana | Komárom–Esztergom | Nyúl | Győr–Moson–Sopron |
| Bőny | Győr–Moson–Sopron | Pannonhalma | Győr–Moson–Sopron |
| Écs | Győr–Moson–Sopron | Pázmándfalu | Győr–Moson–Sopron |
| Gic | Veszprém | Pér | Győr–Moson–Sopron |
| Gönyű | Győr–Moson–Sopron | Ravazd | Győr–Moson–Sopron |
| Győr | Győr–Moson–Sopron | Rétalap | Győr–Moson–Sopron |
| Győrság | Győr–Moson–Sopron | Sokorópátka | Győr–Moson–Sopron |
| Győrszemere | Győr–Moson–Sopron | Táp | Győr–Moson–Sopron |
| Győrújbarát | Győr–Moson–Sopron | Tarjánpuszta | Győr–Moson–Sopron |
| Koroncó | Győr–Moson–Sopron | Tárkány | Komárom–Esztergom |
| Mezőörs | Győr–Moson–Sopron | Tényő | Győr–Moson–Sopron |
| Nagydém | Veszprém | Töltéstava | Győr–Moson–Sopron |

4.

Data on area designated for concession:

Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Győr-Moson-Sopron and Komárom-Esztergom.

Municipality

County

Municipality

County

Ács

Komárom–Esztergom

Nagyszentjános

Győr–Moson–Sopron

Bábolna

Komárom–Esztergom

Nyalka

Győr–Moson–Sopron

Bana

Komárom–Esztergom

Nyúl

Győr–Moson–Sopron

Bőny

Győr–Moson–Sopron

Pannonhalma

Győr–Moson–Sopron

Écs

Győr–Moson–Sopron

Pázmándfalu

Győr–Moson–Sopron

Gic

Veszprém

Pér

Győr–Moson–Sopron

Gönyű

Győr–Moson–Sopron

Ravazd

Győr–Moson–Sopron

Győr

Győr–Moson–Sopron

Rétalap

Győr–Moson–Sopron

Győrság

Győr–Moson–Sopron

Sokorópátka

Győr–Moson–Sopron

Győrszemere

Győr–Moson–Sopron

Táp

Győr–Moson–Sopron

Győrújbarát

Győr–Moson–Sopron

Tarjánpuszta

Győr–Moson–Sopron

Koroncó

Győr–Moson–Sopron

Tárkány

Komárom–Esztergom

Mezőörs

Győr–Moson–Sopron

Tényő

Győr–Moson–Sopron

Nagydém

Veszprém

Töltéstava

Győr–Moson–Sopron

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

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

Size of area designated for concession: 520,8 km2.

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

5.

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

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

6.

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

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

7.

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

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

8.

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

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

9.

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

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

10.

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

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

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code GYOGTDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within 5 days of the submission deadline.
  Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

11.

The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code GYOGTDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within 5 days of the submission deadline.

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

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

12.

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

| 13. | Bids must be submitted in person on 27 September 2016 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 27 September 2016 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

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

14.

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

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

15.

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

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

16.

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

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

17.

Each bidder may submit only a single bid.

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

18.

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

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

19.

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

| 20. | Tender adjudication criteria:






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






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

20.

Tender adjudication criteria:

(I)

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

—

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

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

—

the planned duration of the research;

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

—

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

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

—

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

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

—

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

| — | how soon exploitation for energy purposes is envisaged (by law, within less than 3 years). |
| --- | --- |

—

how soon exploitation for energy purposes is envisaged (by law, within less than 3 years).

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






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

(II)

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

—

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

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

—

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

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






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

(III)

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

—

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

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

—

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

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

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

21.

The concession contract

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

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

The draft concession contract is annexed to the Tender Document.

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

22.

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

Budapest, 5 April 2016.

Dr Miklós SESZTÁK

Minister

---

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

1

---

| 9.6.2016 | EN | Official Journal of the European Union | C 205/12 |
| --- | --- | --- | --- |

9.6.2016

EN

Official Journal of the European Union

C 205/12

---

Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2016/C 205/07)

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

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

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

1.

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

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

The language of the tendering procedure is Hungarian.

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

2.

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

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

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

3.

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

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








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Aldebrő | Heves | Kápolna | Heves |
| Andornaktálya | Heves | Kerecsend | Heves |
| Átány | Heves | Kisköre | Heves |
| Besenyőtelek | Heves | Kisnána | Heves |
| Boconád | Heves | Kompolt | Heves |
| Demjén | Heves | Kömlő | Heves |
| Detk | Heves | Maklár | Heves |
| Domoszló | Heves | Nagytálya | Heves |
| Dormánd | Heves | Nagyút | Heves |
| Eger | Heves | Ostoros | Heves |
| Egerszalók | Heves | Pély | Heves |
| Egerszólát | Heves | Sirok | Heves |
| Erdőtelek | Heves | Tarnabod | Heves |
| Feldebrő | Heves | Tarnaméra | Heves |
| Füzesabony | Heves | Tarnaszentmária | Heves |
| Heves | Heves | Tarnaszentmiklós | Heves |
| Hevesvezekény | Heves | Tarnazsadány | Heves |
| Jászapáti | Jász–Nagykun–Szolnok | Tenk | Heves |
| Jászivány | Jász–Nagykun–Szolnok | Tófalu | Heves |
| Jászkisér | Jász–Nagykun–Szolnok | Vécs | Heves |
| Jászszentandrás | Jász–Nagykun–Szolnok | Verpelét | Heves |
| Kál | Heves | Zaránk | Heves |

4.

Data on area designated for concession:

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

Municipality

County

Municipality

County

Aldebrő

Heves

Kápolna

Heves

Andornaktálya

Heves

Kerecsend

Heves

Átány

Heves

Kisköre

Heves

Besenyőtelek

Heves

Kisnána

Heves

Boconád

Heves

Kompolt

Heves

Demjén

Heves

Kömlő

Heves

Detk

Heves

Maklár

Heves

Domoszló

Heves

Nagytálya

Heves

Dormánd

Heves

Nagyút

Heves

Eger

Heves

Ostoros

Heves

Egerszalók

Heves

Pély

Heves

Egerszólát

Heves

Sirok

Heves

Erdőtelek

Heves

Tarnabod

Heves

Feldebrő

Heves

Tarnaméra

Heves

Füzesabony

Heves

Tarnaszentmária

Heves

Heves

Heves

Tarnaszentmiklós

Heves

Hevesvezekény

Heves

Tarnazsadány

Heves

Jászapáti

Jász–Nagykun–Szolnok

Tenk

Heves

Jászivány

Jász–Nagykun–Szolnok

Tófalu

Heves

Jászkisér

Jász–Nagykun–Szolnok

Vécs

Heves

Jászszentandrás

Jász–Nagykun–Szolnok

Verpelét

Heves

Kál

Heves

Zaránk

Heves

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

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

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

Size of area designated for concession: 903,00 km2.

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

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

5.

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

| 6. | Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 7 000 000 (seven million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
| --- | --- |

6.

Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 7 000 000 (seven million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document.

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

7.

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

| 8. | The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. |
| --- | --- |

8.

The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession.

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

9.

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

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

10.

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

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

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

11.

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

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

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

12.

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

| 13. | Bids must be submitted in person on 27 September 2016 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 27 September 2016 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

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

14.

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

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

15.

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

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

16.

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

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

17.

Each bidder may submit only a single bid.

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

18.

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

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

19.

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

| 20. | Tender adjudication criteria:






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






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

20.

Tender adjudication criteria:

(I)

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

—

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

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

—

the planned duration of the research;

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

—

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

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

—

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

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

—

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

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

—

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

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






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

(II)

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

—

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

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

—

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

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






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

(III)

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

—

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

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

—

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

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

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

21.

The concession contract

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

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

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

The draft concession contract is annexed to the Tender Document.

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

22.

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

Budapest, 5 April 2016.

Dr Miklós SESZTÁK

Minister

---

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

1

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

| 9.6.2016 | EN | Official Journal of the European Union | C 205/16 |
| --- | --- | --- | --- |

9.6.2016

EN

Official Journal of the European Union

C 205/16

---

NOTICE OF OPEN COMPETITIONS

(2016/C 205/08)

The European Personnel Selection Office (EPSO) is organising the following open competitions:

| | EPSO/AD/325/16 — DANISH-LANGUAGE (DA) TRANSLATORS (AD 5) |
| --- | --- |

EPSO/AD/325/16 — DANISH-LANGUAGE (DA) TRANSLATORS (AD 5)

| | EPSO/AD/326/16 — IRISH-LANGUAGE (GA) TRANSLATORS (AD 5) |
| --- | --- |

EPSO/AD/326/16 — IRISH-LANGUAGE (GA) TRANSLATORS (AD 5)

| | EPSO/AD/327/16 — CROATIAN-LANGUAGE (HR) TRANSLATORS (AD 5) |
| --- | --- |

EPSO/AD/327/16 — CROATIAN-LANGUAGE (HR) TRANSLATORS (AD 5)

| | EPSO/AD/328/16 — LITHUANIAN-LANGUAGE (LT) TRANSLATORS (AD 5) |
| --- | --- |

EPSO/AD/328/16 — LITHUANIAN-LANGUAGE (LT) TRANSLATORS (AD 5)

| | EPSO/AD/329/16 — MALTESE-LANGUAGE (MT) TRANSLATORS (AD 5) |
| --- | --- |

EPSO/AD/329/16 — MALTESE-LANGUAGE (MT) TRANSLATORS (AD 5)

The competition notice is published in 24 languages in
  Official Journal of the European Union C 205 A of 9 June 2016.

Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/

---

OTHER ACTS

European Commission

| 9.6.2016 | EN | Official Journal of the European Union | C 205/17 |
| --- | --- | --- | --- |

9.6.2016

EN

Official Journal of the European Union

C 205/17

---

Publication of an application 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

(2016/C 205/09)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

SINGLE DOCUMENT

‘CHAPON DU PERIGORD’

EU No: FR-PGI-0005-01377 — 24.9.2015

PDO ( ) PGI ( X )

1.   Name(s)

‘Chapon du Périgord’

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 1.1. Fresh meat (and offal)

3.2.   Description of the product to which the name in (1) applies

Description of the product to which the name in (1) applies

The ‘Chapon du Périgord’ is a poultry animal derived from slow-growing poultry strains, of the naked neck (yellow-fleshed capons) or non-naked-neck (white-fleshed capons) varieties.

The ‘Chapon du Périgord’, a male bird reared for a minimum of 150 days, is surgically castrated before reaching sexual maturity. It is a plump and festive bird with very well-developed and well-rounded muscular masses distributed over a delicate skeleton. The very delicate, intensely coloured and uniform skin (yellow or white) reveals a significant amount of sub-cutaneous fat. The overall muscular mass possesses a ‘marbled’ intramuscular fat content.

It can be put on the market as carcasses or jointed, fresh or frozen. It can be shrink-wrapped, vacuum-packed or packaged in a protective environment.

‘Chapon du Périgord’ carcasses are presented in the following forms:

| — | dressed carcass (bird plucked and gutted, with head, feet and offal), |
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dressed carcass (bird plucked and gutted, with head, feet and offal),

| — | ‘ready to cook’ carcass (bird plucked and gutted, headless, with or without tarsus), |
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‘ready to cook’ carcass (bird plucked and gutted, headless, with or without tarsus),

| — | ‘métifait’ or ‘semi-prepared’ (bird plucked, gutted, with or without tarsus and with the head tucked under the wing). |
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‘métifait’ or ‘semi-prepared’ (bird plucked, gutted, with or without tarsus and with the head tucked under the wing).

The whole carcasses are dressed with great care and are free of blemishes.

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)

Throughout the rearing period, the feed provided consists solely of vegetable matter, minerals and vitamins.

The vegetable matter must include the following in the mix:

| — | maize, in variable quantities depending on the birds' age; |
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maize, in variable quantities depending on the birds' age;

| — | at least one other cereal, such as wheat, barley, triticale, sorghum or oats; |
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at least one other cereal, such as wheat, barley, triticale, sorghum or oats;

| — | protein crops to balance the feed ration. |
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protein crops to balance the feed ration.

The rearing period can be divided into four separate phases corresponding to different physiological needs that require different proportions of cereals.

| — | Initial phase, from day 1 to day 28,
  The initial feed comprises a minimum 50 % by weight of cereal mix including cereals and cereal by-products. The cereals must include maize and at least one other straw cereal (wheat, barley, triticale, oats) or sorghum.
  In this cereal mix, the minimum proportion of maize by weight is set at 25 % for yellow capons and 15 % for white capons. |
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Initial phase, from day 1 to day 28,

The initial feed comprises a minimum 50 % by weight of cereal mix including cereals and cereal by-products. The cereals must include maize and at least one other straw cereal (wheat, barley, triticale, oats) or sorghum.

In this cereal mix, the minimum proportion of maize by weight is set at 25 % for yellow capons and 15 % for white capons.

| — | Growth phase, from day 29 to day 52,
  The growth-phase feed comprises a minimum 70 % by weight of cereal mix including cereals and cereal by-products. The cereals must include maize and at least one other straw cereal (wheat, barley, triticale, oats) or sorghum.
  In this cereal mix, the minimum proportion of maize by weight is set at 30 % for yellow capons and 15 % for white capons. |
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Growth phase, from day 29 to day 52,

The growth-phase feed comprises a minimum 70 % by weight of cereal mix including cereals and cereal by-products. The cereals must include maize and at least one other straw cereal (wheat, barley, triticale, oats) or sorghum.

In this cereal mix, the minimum proportion of maize by weight is set at 30 % for yellow capons and 15 % for white capons.

| — | the finishing phase, from day 53 to day 81,
  The fattening feed comprises a minimum 80 % by weight of cereal mix including cereals and cereal by-products. The cereals must include maize and at least one other straw cereal (wheat, barley, triticale, oats) or sorghum.
  In this cereal mix, the minimum proportion of maize by weight is set at 30 % for yellow capons and 15 % for white capons. |
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the finishing phase, from day 53 to day 81,

The fattening feed comprises a minimum 80 % by weight of cereal mix including cereals and cereal by-products. The cereals must include maize and at least one other straw cereal (wheat, barley, triticale, oats) or sorghum.

In this cereal mix, the minimum proportion of maize by weight is set at 30 % for yellow capons and 15 % for white capons.

| — | the fattening stage, lasting a minimum of 150 days.
  The feed consists of a minimum (by weight) of 40 % maize for the yellow capon and of 15 % for the white capon. |
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the fattening stage, lasting a minimum of 150 days.

The feed consists of a minimum (by weight) of 40 % maize for the yellow capon and of 15 % for the white capon.

Supplementing with clay (bentonite) is routine in each type of feeding. The minimum amount for inclusion in the feed is set at 2 kg per tonne.

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

Both the rearing and slaughter of ‘Chapon du Périgord’ take place in the geographical area.

This is because the Périgord slaughterhouses have developed and preserved specific know-how for selecting carcasses. This contributes to the product's reputation and the end quality of the dressed product.

The processes of scalding and plucking, gutting, trussing and chilling must be conducted with the greatest care as only unblemished carcasses are sold whole. For this purpose, two selection processes take place before trussing and after chilling.

In the case of ‘métifet’ or ‘métifait’ (semi-prepared) birds, the gutting and final preparation are done manually.

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

Jointing and packaging take place at the slaughterhouse. This allows for continuity of processes and avoids any changes to the quality of the meat on contact with the air. Fresh and frozen meat must both be presented unblemished. Handling must therefore be limited, especially as ‘Chapon du Périgord’ has a very delicate skin. Freezing must occur within a maximum of 24 hours after slaughter. These various factors require swift packaging. This takes place in the geographical area in order to ensure that the presentation criteria are respected.

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

Labelling bears the PGI denomination ‘Chapon du Périgord’.

Labels and sales documents must bear the common logo:

4.   Concise definition of the geographical area

Concise definition of the geographical area

The geographical area extends over the territory of the following departments:

| — | Charente, limited to the cantons of: Aubeterre-sur-Dronne, Chalais, Montbron, Montemboeuf, Montmoreau-Saint-Cybard, Villebois-Lavalette; |
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Charente, limited to the cantons of: Aubeterre-sur-Dronne, Chalais, Montbron, Montemboeuf, Montmoreau-Saint-Cybard, Villebois-Lavalette;

| — | Charente-Maritime, limited to the canton of Montguyon; |
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Charente-Maritime, limited to the canton of Montguyon;

| — | Corrèze, limited to the cantons of: Argentat, Ayen, Beaulieu-sur-Dordogne, Beynat, Brive-la-Gaillarde-Centre, Brive-la-Gaillarde-Nord-Est, Brive-la-Gaillarde-Nord-Est, Brive-la-Gaillarde-Sud-Est, Brive-la-Gaillarde-Sud-Ouest, Corrèze, Donzenac, Égletons, Juillac, Larche, Lubersac, Malemort-sur-Corrèze, Meyssac, Seilhac, Treignac, Tulle-Campagne-Nord, Tulle-Campagne-Sud, Tulle-Urbain-Nord, Tulle-Urbain-Sud, Uzerche and Vigeois; |
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Corrèze, limited to the cantons of: Argentat, Ayen, Beaulieu-sur-Dordogne, Beynat, Brive-la-Gaillarde-Centre, Brive-la-Gaillarde-Nord-Est, Brive-la-Gaillarde-Nord-Est, Brive-la-Gaillarde-Sud-Est, Brive-la-Gaillarde-Sud-Ouest, Corrèze, Donzenac, Égletons, Juillac, Larche, Lubersac, Malemort-sur-Corrèze, Meyssac, Seilhac, Treignac, Tulle-Campagne-Nord, Tulle-Campagne-Sud, Tulle-Urbain-Nord, Tulle-Urbain-Sud, Uzerche and Vigeois;

| — | Dordogne; |
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Dordogne;

| — | Gironde, limited to the cantons of: Castillon-la-Bataille, Coutras, Lussac, Pujols, Sainte-Foy-la-Grande; |
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Gironde, limited to the cantons of: Castillon-la-Bataille, Coutras, Lussac, Pujols, Sainte-Foy-la-Grande;

| — | Haute-Vienne, limited to the cantons of: Aixe-sur-Vienne, Ambazac, Châlus, Châteauneuf-la-Forêt, Eymoutiers, Laurière, Limoges-Beaupuy, Limoges-Isle, Limoges-Landouge, Limoges-Couzeix, Limoges-Cité, Limoges-Le Palais, Limoges-Condat, Limoges-Panazol, Limoges-Corgnac, Limoges-Puy-las-Rodas, Limoges-Grand-Treuil, Limoges-Vigenal, Limoges-Émailleurs, Limoges-Carnot, Limoges-Centre, Limoges-La Bastide, Nexon, Nieul, Oradour-sur-Vayres, Pierre-Buffière, Rochechouart, Saint-Germain-les-Belles, Saint-Junien-Est, Saint-Junien-Ouest, Saint-Laurent-sur-Gorre, Saint-Léonard-de-Noblat, Saint-Mathieu and Saint-Yrieix-la-Perche; |
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Haute-Vienne, limited to the cantons of: Aixe-sur-Vienne, Ambazac, Châlus, Châteauneuf-la-Forêt, Eymoutiers, Laurière, Limoges-Beaupuy, Limoges-Isle, Limoges-Landouge, Limoges-Couzeix, Limoges-Cité, Limoges-Le Palais, Limoges-Condat, Limoges-Panazol, Limoges-Corgnac, Limoges-Puy-las-Rodas, Limoges-Grand-Treuil, Limoges-Vigenal, Limoges-Émailleurs, Limoges-Carnot, Limoges-Centre, Limoges-La Bastide, Nexon, Nieul, Oradour-sur-Vayres, Pierre-Buffière, Rochechouart, Saint-Germain-les-Belles, Saint-Junien-Est, Saint-Junien-Ouest, Saint-Laurent-sur-Gorre, Saint-Léonard-de-Noblat, Saint-Mathieu and Saint-Yrieix-la-Perche;

| — | Lot, limited to the cantons of: Bretenoux, Cahors-Nord-Est, Cahors-Nord-Ouest, Cahors-Sud, Cajarc, Castelnau-Montratier, Catus, Cazals, Gourdon, Gramat, Labastide-Murat, Lacapelle-Marival, Lalbenque, Lauzès, Limogne-en-Quercy, Livernon, Luzech, Martel, Montcuq, Payrac, Puy-l'Évêque, Saint-Céré, Saint-Germain-du-Bel-Air, Saint-Géry, Salviac, Souillac and Vayrac; |
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Lot, limited to the cantons of: Bretenoux, Cahors-Nord-Est, Cahors-Nord-Ouest, Cahors-Sud, Cajarc, Castelnau-Montratier, Catus, Cazals, Gourdon, Gramat, Labastide-Murat, Lacapelle-Marival, Lalbenque, Lauzès, Limogne-en-Quercy, Livernon, Luzech, Martel, Montcuq, Payrac, Puy-l'Évêque, Saint-Céré, Saint-Germain-du-Bel-Air, Saint-Géry, Salviac, Souillac and Vayrac;

| — | Lot-et-Garonne, limited to the cantons of: Cancon, Castelmoron-sur-Lot, Castillonnès, Duras, Fumel, Lauzun, Marmande-Est, Marmande-Ouest, Monclar, Monflanquin, Sainte-Livrade-sur-Lot, Seyches, Tonneins, Tournon-d'Agenais, Villeneuve-sur-Lot-Sud, Villeréal and Le Mas-d'Agenais. |
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Lot-et-Garonne, limited to the cantons of: Cancon, Castelmoron-sur-Lot, Castillonnès, Duras, Fumel, Lauzun, Marmande-Est, Marmande-Ouest, Monclar, Monflanquin, Sainte-Livrade-sur-Lot, Seyches, Tonneins, Tournon-d'Agenais, Villeneuve-sur-Lot-Sud, Villeréal and Le Mas-d'Agenais.

5.   Link with the geographical area

Link with the geographical area

Specificity of the geographical area

Specificity of the geographical area

The geographical area is located in the south-west corner of France, mainly in the department of the Dordogne.

This area of Périgord is a large expanse of foothills, generally sloping in a north-east and south-west direction. The numerous water courses created a network of small valleys as, flowing through the area, they encountered obstacles in the form of rocks. These valleys vary in orientation and profile but they constitute one of the major structural elements of the Périgord landscape. Only the valleys, which are alluvium-rich, provide the right conditions for growing cereals. The hillsides, which are often steep and wooded, tend to be used for livestock.

The geological complexity led to the presence of numerous mineral deposits, such as iron, gold, limestone and kaolin. Some of these are mined to produce fuller's earth, of the bentonite and montmorillonite types, which have specific properties.

The climate of the geographical area is uniformly temperate, of the ‘modified oceanic’ variety. This means that it is subject to the weather system of the North Atlantic ocean but with clear influences of both the continental and Mediterranean varieties.

Maize is farmed widely throughout the geographical area. Straw cereals are widely grown, soft wheat and triticale especially.

In terms of human factors, poultry farming took off in the fourteenth century in Périgord and has retained its popularity since then.

It was only during the nineteenth century that Périgord forged a reputation as a poultry-producing area. Nevertheless, poultry production retains its traditional, family-run character.

The first ‘Syndicat de défense du Poulet Fermier du Périgord’ was set up in 1953. The technical regulations of that time described the method of rearing poultry as being ‘in accordance with the farming practices used in Perigord’.

The development of and the fame acquired by this bird has encouraged the poultry farmers of the Périgord to develop a festive poultry production based on the traditional know-how of the Périgord region.

The rearing of capons takes place using the same practices as those used for raising chickens: strains known as ‘slow-growing robust’, adapted to being raised in the open air and using farming practices of earlier times.

Know-how in the area of feeding has proven to be particularly well adapted to prolonging the period for the raising and fattening of these chickens. As in earlier times, Périgord farmers scatter a few handfuls of whole grain cereals on the straw litter in the hen-houses every day. This is also in addition to the ration of cereals supplemented with bentonite, a clay that is well known in the Périgord for its digestive benefits for poultry.

Specificity of the product

Specificity of the product

The ‘Chapon du Périgord’ is a festive chicken with very well-developed and well-rounded muscular masses. The overall muscular mass possesses a ‘marbled’ intramuscular fat content and a significant amount of sub-cutaneous fat.

The whole carcasses are dressed with great care and are free of blemishes.

These particular characteristics have earned the ‘Chapon du Périgord’ its excellent reputation.

Causal link

Causal link

The link to the origin of ‘Chapon du Périgord’ is based on quality and reputation.

With its mild oceanic climate and low to medium altitude, the geographical area provides ideal conditions for poultry farming.

The alluvium-rich valleys are used to grow cereals. The hillsides, which are often steep and wooded, are used to farm poultry.

The practice of using these cereals in the feed originated from their long-standing, regular and proven use in the crop rotation systems of Périgord farms. Cereals provide a specific nutritional profile that is especially well-balanced for the development and fattening of the capons.

Among the cereals used, maize, which is the most widely grown, is of primary importance. The absence of husks makes maize easier to digest and therefore easier to absorb; its high levels of fat and starch make it a cereal with a particularly high energy content, which is ideal for producing birds that are meaty or even plump.

The feed is routinely supplemented with clay (bentonite). This ensures very healthy hens and better environmental conditions in the hen-houses, thus encouraging more balanced and consistent growth in the birds. This choice on the part of Périgord farmers is especially important. It explains the muscle development and fat cover of the ‘Chapon du Périgord’, bred from a slow-growing strain with an especially long rearing period.

Supplementing all feed with bentonite results in better absorption of food throughout the bird's life. This increased absorption promotes better development of all tissues, especially muscles, and better fat distribution. ‘Chapon du Périgord’ carcasses possess a ‘marbled’ intramuscular fat content and a very high level of subcutaneous fat content.

This practice is associated with the tradition of scattering a few handfuls of wholegrain cereals on the straw litter in the hen-houses every day. In the past, this traditional practice enabled farm women to gather in the birds, strengthening the link between farmers and their birds. It also encouraged the chicks' instinct to peck and thus explore their enclosures. Such behaviour leads to greater physical activity, resulting in significant muscle development with better distribution of fat around the muscles.

It also helps to stimulate gizzard function from a young age and so assist in improving absorption of the feed components that contribute to the development of muscle mass.

Furthermore, it encourages chicks to keep scratching at the straw litter. This helps air the straw and keep it dry for longer, taking into account the length of rearing for these birds.

This daily habit of continually scratching at and turning over the litter is especially important for the capons, taking into account the long duration of rearing for these festive birds, which is finished off with a period of claustration. Being on very clean straw litter inside the hen-house at the end of the fattening period helps the birds to develop an excellent plumage. This in turn makes plucking easier, which results in the excellent quality of the presentation of whole carcasses, particularly in its traditional ‘métifait’ or ‘semi-prepared’ variety.

Open-air rearing in enclosures that are often steep and wooded also affects the particular characteristics of ‘Chapon du Périgord’. This produces strong bones that allow for significant development of muscle mass for thighs and fillets.

For the ‘Chapon du Périgord’, the period of fattening in hen-houses promotes the development of intramuscular fat that gives the capon's meat a distinctive ‘marbled’ texture.

All of these aspects were described in 1929 by La Mazille, a famous cook from the region, in her collection of local recipes: ‘One of the main reasons for the excellence of poultry in Périgord is the way in which they are fed and fattened with maize’.

The reputation of ‘Chapon du Périgord’ was also established in the nineteenth century with the competitions organised first in Dordogne (1862) and then in all the neighbouring departments: Limoges in 1862, Agen in 1863 and Niort in 1866. Most of the winners were farmers from Périgord.

Reference to publication of the specification

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

https://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-9fbe6c7d-d7b1-48e8-9e9f-81929c980559

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(1)  OJ L 343, 14.12.2012, p. 1.

1

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| 9.6.2016 | EN | Official Journal of the European Union | C 205/22 |
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9.6.2016

EN

Official Journal of the European Union

C 205/22

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Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU

Request made by a Contracting Entity

(2016/C 205/10)

On 21 March 2016 the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1). The first working day following receipt of the request is 22 March 2016.

This request, from the Federal Association of the Energy and Water Industry (BDEW Bundesverband der Energie- und Wasserwirtschaft e.V.) on behalf of the contracting entities in that sector, concerns certain activities in the market for retail of electricity and gas in Germany.

Article 35 of Directive 2014/25/EU provides that the later Directive is not applicable when the relevant activity is directly exposed to competition in markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2014/25/EU and are without prejudice to the application of competition rules or other fields of EU policies.

Pursuant to letter (a) of first paragraph, of point 1 of Annex IV to Directive 2014/25/EU, the Commission is allowed a period of 90 working days to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 4 August 2016.

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(1)  OJ L 94, 28.3.2014, p. 243.

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