# Official Journal C 217/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 217 |
| | |
| English edition | Information and Notices | Volume 6121 June 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 217

English edition

Information and Notices

Volume 6121 June 2018

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 217/01 | Euro exchange rates | 1 |
| 2018/C 217/02 | Commission Decision of 18 June 2018 to replace a member of the REFIT Platform Stakeholder group | 2 |
| | Court of Auditors |
| 2018/C 217/03 | Special Report No 14/2018 — The EU Chemical, Biological, Radiological and Nuclear Centres of Excellence: more progress needed | 4 |
| | NOTICES FROM MEMBER STATES |
| 2018/C 217/04 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 5 |
| 2018/C 217/05 | 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 | 9 |
| 2018/C 217/06 | 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 | 13 |
| 2018/C 217/07 | 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 | 17 |
| 2018/C 217/08 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 21 |
| 2018/C 217/09 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 25 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 217/01

Euro exchange rates

1

2018/C 217/02

Commission Decision of 18 June 2018 to replace a member of the REFIT Platform Stakeholder group

2

Court of Auditors

2018/C 217/03

Special Report No 14/2018 — The EU Chemical, Biological, Radiological and Nuclear Centres of Excellence: more progress needed

4

NOTICES FROM MEMBER STATES

2018/C 217/04

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

5

2018/C 217/05

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

9

2018/C 217/06

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

13

2018/C 217/07

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

17

2018/C 217/08

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

21

2018/C 217/09

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

25

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 217/10 | Prior notification of a concentration (Case M.8973 — Mitsui/Kansai/JV) — Candidate case for simplified procedure (
  1) | 29 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 217/10

Prior notification of a concentration (Case M.8973 — Mitsui/Kansai/JV) — Candidate case for simplified procedure (
  1)

1

29

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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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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 21.6.2018 | EN | Official Journal of the European Union | C 217/1 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/1

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Euro exchange rates (1)

20 June 2018

(2018/C 217/01)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1578 |
| JPY | Japanese yen | 127,39 |
| DKK | Danish krone | 7,4525 |
| GBP | Pound sterling | 0,87878 |
| SEK | Swedish krona | 10,2755 |
| CHF | Swiss franc | 1,1537 |
| ISK | Iceland króna | 125,80 |
| NOK | Norwegian krone | 9,4693 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,835 |
| HUF | Hungarian forint | 324,15 |
| PLN | Polish zloty | 4,3152 |
| RON | Romanian leu | 4,6695 |
| TRY | Turkish lira | 5,4943 |
| AUD | Australian dollar | 1,5688 |
| CAD | Canadian dollar | 1,5398 |
| HKD | Hong Kong dollar | 9,0847 |
| NZD | New Zealand dollar | 1,6853 |
| SGD | Singapore dollar | 1,5718 |
| KRW | South Korean won | 1 281,98 |
| ZAR | South African rand | 15,8367 |
| CNY | Chinese yuan renminbi | 7,4953 |
| HRK | Croatian kuna | 7,3836 |
| IDR | Indonesian rupiah | 16 320,23 |
| MYR | Malaysian ringgit | 4,6318 |
| PHP | Philippine peso | 61,864 |
| RUB | Russian rouble | 73,6225 |
| THB | Thai baht | 37,987 |
| BRL | Brazilian real | 4,3273 |
| MXN | Mexican peso | 23,6794 |
| INR | Indian rupee | 78,8600 |

Currency

Exchange rate

USD

US dollar

1,1578

JPY

Japanese yen

127,39

DKK

Danish krone

7,4525

GBP

Pound sterling

0,87878

SEK

Swedish krona

10,2755

CHF

Swiss franc

1,1537

ISK

Iceland króna

125,80

NOK

Norwegian krone

9,4693

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,835

HUF

Hungarian forint

324,15

PLN

Polish zloty

4,3152

RON

Romanian leu

4,6695

TRY

Turkish lira

5,4943

AUD

Australian dollar

1,5688

CAD

Canadian dollar

1,5398

HKD

Hong Kong dollar

9,0847

NZD

New Zealand dollar

1,6853

SGD

Singapore dollar

1,5718

KRW

South Korean won

1 281,98

ZAR

South African rand

15,8367

CNY

Chinese yuan renminbi

7,4953

HRK

Croatian kuna

7,3836

IDR

Indonesian rupiah

16 320,23

MYR

Malaysian ringgit

4,6318

PHP

Philippine peso

61,864

RUB

Russian rouble

73,6225

THB

Thai baht

37,987

BRL

Brazilian real

4,3273

MXN

Mexican peso

23,6794

INR

Indian rupee

78,8600

---

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

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| 21.6.2018 | EN | Official Journal of the European Union | C 217/2 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/2

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COMMISSION DECISION

of 18 June 2018

to replace a member of the REFIT Platform Stakeholder group

(2018/C 217/02)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Commission Decision C(2015)3261 final of 19 May 2015 establishing the REFIT Platform, and in particular Article 4 thereof,

Whereas:

| (1) | Commission Decision C(2015) 3261 final establishing the REFIT Platform (hereinafter ‘the Platform’) provides in Article 4 that the Platform will comprise a ‘Government group’ and a ‘Stakeholder group’ and that the members of the Stakeholder group shall consist of up to 20 experts, two of them representing the European Economic and Social Committee and the Committee of the Regions and the rest from business, including from SMEs, and from social partners and civil society organisations having direct experience in the application of Union legislation. The experts in the Stakeholder group shall be appointed in their personal capacity or to represent a common interest shared by a number of stakeholders. |
| --- | --- |

(1)

Commission Decision C(2015) 3261 final establishing the REFIT Platform (hereinafter ‘the Platform’) provides in Article 4 that the Platform will comprise a ‘Government group’ and a ‘Stakeholder group’ and that the members of the Stakeholder group shall consist of up to 20 experts, two of them representing the European Economic and Social Committee and the Committee of the Regions and the rest from business, including from SMEs, and from social partners and civil society organisations having direct experience in the application of Union legislation. The experts in the Stakeholder group shall be appointed in their personal capacity or to represent a common interest shared by a number of stakeholders.

| (2) | The Decision provides in Article 4.4 that the Commission, on a proposal from the First Vice-President of the Commission, shall appoint members of the stakeholder group selected from applicants having direct experience in the application of Union legislation, who have responded to the call for applications. The appointments shall ensure, to the extent possible, a balanced representation of the various sectors, interests and regions of the Union and gender. Article 4.5 of the Decision provides that members shall be appointed until 31 October 2019. Pursuant to Article 4.6 of the Decision, members who resign may be replaced for the reminder of their term of office. |
| --- | --- |

(2)

The Decision provides in Article 4.4 that the Commission, on a proposal from the First Vice-President of the Commission, shall appoint members of the stakeholder group selected from applicants having direct experience in the application of Union legislation, who have responded to the call for applications. The appointments shall ensure, to the extent possible, a balanced representation of the various sectors, interests and regions of the Union and gender. Article 4.5 of the Decision provides that members shall be appointed until 31 October 2019. Pursuant to Article 4.6 of the Decision, members who resign may be replaced for the reminder of their term of office.

| (3) | Commission Decision C(2015) 9063 final of 16 December 2015 appointing the Members of the Stakeholder group of the REFIT Platform (1) provides that, should any member of the Stakeholder group cease to be a member during the term of office of the Platform, the First Vice-President may nominate a replacement from the initial list of candidates who responded to the call for expressions of interest to become member of the Stakeholder group. |
| --- | --- |

(3)

Commission Decision C(2015) 9063 final of 16 December 2015 appointing the Members of the Stakeholder group of the REFIT Platform (1) provides that, should any member of the Stakeholder group cease to be a member during the term of office of the Platform, the First Vice-President may nominate a replacement from the initial list of candidates who responded to the call for expressions of interest to become member of the Stakeholder group.

| (4) | Ms Nina Renshaw resigned as Member of the Stakeholder group as of 27 October 2017. |
| --- | --- |

(4)

Ms Nina Renshaw resigned as Member of the Stakeholder group as of 27 October 2017.

| (5) | Mr Michael Huether is on the initial list of candidates who responded to the call for expressions of interest to become member of the Stakeholder group, |
| --- | --- |

(5)

Mr Michael Huether is on the initial list of candidates who responded to the call for expressions of interest to become member of the Stakeholder group,

HAS DECIDED AS FOLLOWS:

Sole article

Mr Michael Huether is appointed Member of the Stakeholder group of the REFIT Platform until 31 October 2019, in replacement of Ms Nina Renshaw.

Done at Brussels, 18 June 2018.

For the Commission

Frans TIMMERMANS

First Vice-President

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(1)  https://ec.europa.eu/info/sites/info/files/commission-decision-appointment-of-members-stakeholder-group-refit-platform_dec2015_en.pdf

1

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ANNEX

| Name | Nationality | Representing a common interest shared by stakeholders in a particular policy area | Current employer |
| --- | --- | --- | --- |
| Mr Michael Hüther | German | NO | Cologne Institute for Economic Research/Institut der deutschen Wirtschaft Koeln e.V., Cologne |

Name

Nationality

Representing a common interest shared by stakeholders in a particular policy area

Current employer

Mr Michael Hüther

German

NO

Cologne Institute for Economic Research/Institut der deutschen Wirtschaft Koeln e.V., Cologne

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Court of Auditors

| 21.6.2018 | EN | Official Journal of the European Union | C 217/4 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/4

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Special Report No 14/2018

‘The EU Chemical, Biological, Radiological and Nuclear Centres of Excellence: more progress needed’

(2018/C 217/03)

The European Court of Auditors hereby informs you that Special Report No 14/2018 ‘The EU Chemical, Biological, Radiological and Nuclear Centres of Excellence: more progress needed’ has just been published.

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

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NOTICES FROM MEMBER STATES

| 21.6.2018 | EN | Official Journal of the European Union | C 217/5 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/5

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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

(2018/C 217/04)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE BÉKÉSCSABA 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 Mining and Geological Service (MBFSZ) 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.

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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
  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.

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.

| 4. | Data on area designated for concession:
  Area designated for concession: the area is situated within the municipalities listed in the table below in the county of Békés.








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Békés | Békés | Kötegyán | Békés |
| Békéscsaba | Békés | Lőkösháza | Békés |
| Bélmegyer | Békés | Medgyesegyháza | Békés |
| Csabaszabadi | Békés | Méhkerék | Békés |
| Csárdaszállás | Békés | Mezőberény | Békés |
| Csorvás | Békés | Mezőgyán | Békés |
| Doboz | Békés | Murony | Békés |
| Elek | Békés | Nagykamarás | Békés |
| Gerendás | Békés | Okány | Békés |
| Geszt | Békés | Pusztaottlaka | Békés |
| Gyomaendrőd | Békés | Sarkad | Békés |
| Gyula | Békés | Sarkadkeresztúr | Békés |
| Hunya | Békés | Szabadkígyós | Békés |
| Kamut | Békés | Tarhos | Békés |
| Kétegyháza | Békés | Telekgerendás | Békés |
| Kétsoprony | Békés | Újkígyós | Békés |
| Kevermes | Békés | Újszalonta | Békés |
| Kondoros | Békés | Vésztő | Békés |
| Körösladány | Békés | Zsadány | Békés |
| Köröstarcsa | Békés | | |

4.

Area designated for concession: the area is situated within the municipalities listed in the table below in the county of Békés.

Municipality

County

Municipality

County

Békés

Békés

Kötegyán

Békés

Békéscsaba

Békés

Lőkösháza

Békés

Bélmegyer

Békés

Medgyesegyháza

Békés

Csabaszabadi

Békés

Méhkerék

Békés

Csárdaszállás

Békés

Mezőberény

Békés

Csorvás

Békés

Mezőgyán

Békés

Doboz

Békés

Murony

Békés

Elek

Békés

Nagykamarás

Békés

Gerendás

Békés

Okány

Békés

Geszt

Békés

Pusztaottlaka

Békés

Gyomaendrőd

Békés

Sarkad

Békés

Gyula

Békés

Sarkadkeresztúr

Békés

Hunya

Békés

Szabadkígyós

Békés

Kamut

Békés

Tarhos

Békés

Kétegyháza

Békés

Telekgerendás

Békés

Kétsoprony

Békés

Újkígyós

Békés

Kevermes

Békés

Újszalonta

Békés

Kondoros

Békés

Vésztő

Békés

Körösladány

Békés

Zsadány

Békés

Köröstarcsa

Békés

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

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

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

Size of area designated for concession: 1 792,156 km2.

Areas of mine sites 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 342 000 000 (three hundred and forty-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 in the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

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

6.

| 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, in 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.

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

8.

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

9.

| 10. | The Tender Document may be collected at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary. Tel. +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
  When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu. |
| --- | --- |

10.

When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu.

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code BECHDV 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 not 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. |
| --- | --- |

11.

| 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.

| 13. | Bids must be submitted in person between 10.00 and 12.00 on 26 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

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

14.

| 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.

| 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, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

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

17.

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

18.

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

19.

| 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.

(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 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Budapest, ... ... 2018.

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

---

| 21.6.2018 | EN | Official Journal of the European Union | C 217/9 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/9

---

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

(2018/C 217/05)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE DRÁVA 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 Mining and Geological Service (MBFSZ) 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.

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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
  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.

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.

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








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Babócsa | Somogy | Kálmáncsa | Somogy |
| Barcs | Somogy | Kastélyosdombó | Somogy |
| Bolhó | Somogy | Kisdobsza | Baranya |
| Csokonyavisonta | Somogy | Komlósd | Somogy |
| Darány | Somogy | Péterhida | Somogy |
| Drávatamási | Somogy | Somogyaracs | Somogy |
| Heresznye | Somogy | Szulok | Somogy |
| Istvándi | Somogy | Zádor | Baranya |

4.

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

Municipality

County

Municipality

County

Babócsa

Somogy

Kálmáncsa

Somogy

Barcs

Somogy

Kastélyosdombó

Somogy

Bolhó

Somogy

Kisdobsza

Baranya

Csokonyavisonta

Somogy

Komlósd

Somogy

Darány

Somogy

Péterhida

Somogy

Drávatamási

Somogy

Somogyaracs

Somogy

Heresznye

Somogy

Szulok

Somogy

Istvándi

Somogy

Zádor

Baranya

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

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

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

Size of area designated for concession: 268,508 km2.

Areas of mine sites 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 291 000 000 (two hundred and ninety-one million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee in the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

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

6.

| 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, in 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.

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

8.

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

9.

| 10. | The Tender Document may be collected at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary; tel. +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
  When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu. |
| --- | --- |

10.

When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu.

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code DRCHDV 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 not 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. |
| --- | --- |

11.

| 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.

| 13. | Bids must be submitted in person between 10:00 and 12:00 on 26 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

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

14.

| 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.

| 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, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

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

17.

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

18.

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

19.

| 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.

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 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Budapest, ... ... 2018.

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

---

| 21.6.2018 | EN | Official Journal of the European Union | C 217/13 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/13

---

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

(2018/C 217/06)

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

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

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Mining and Geological Service (MBFSZ) 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.

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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
  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.

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.

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








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

4.

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

Municipality

County

Municipality

County

Árpádhalom

Csongrád

Nagymágocs

Csongrád

Csorvás

Békés

Nagyszénás

Békés

Eperjes

Csongrád

Orosháza

Békés

Fábiánsebestyén

Csongrád

Szentes

Csongrád

Gádoros

Békés

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

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

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

| 5. | Minimum net concession fee: HUF 21 000 000 (twenty one million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee in the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

| 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.

| 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, in 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.

| 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.

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

9.

| 10. | The Tender Document may be collected at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary. Tel. +36 13012900) on working days between 8.00 and 14.00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
  When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu. |
| --- | --- |

10.

When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu.

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code GAGTDV 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 not 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. |
| --- | --- |

11.

| 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.

| 13. | Bids must be submitted in person between 10.00 and 12.00 on 27 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

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

14.

| 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.

| 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, the concession right for the prospection area will be restricted to the area of the geothermal protection boundary. |
| --- | --- |

16.

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

17.

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

18.

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

19.

| 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.

(I)

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

—

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

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

—

the planned duration of the research,

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

—

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

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

—

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

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

—

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

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

—

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

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






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

(II)

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

—

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

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

—

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

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






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

(III)

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

—

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

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

—

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

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

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

21.

The concession contract 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Budapest, ... ... 2018.

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

---

| 21.6.2018 | EN | Official Journal of the European Union | C 217/17 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/17

---

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

(2018/C 217/07)

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

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

| 1. | The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Mining and Geological Service (MBFSZ) 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.

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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
  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.

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.

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








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

4.

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

Municipality

County

Municipality

County

Dévaványa

Békés

Körösladány

Békés

Ecsegfalva

Békés

Mezőtúr

Jász–Nagykun–Szolnok

Gyomaendrőd

Békés

Szeghalom

Békés

Kertészsziget

Békés

Túrkeve

Jász–Nagykun–Szolnok

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

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

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

Size of area designated for concession: 600,572 km2.

Areas of mine sites 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 86 000 000 (eighty-six million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee in the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

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

6.

| 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, in 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.

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

8.

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

9.

| 10. | The Tender Document may be collected at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary; tel. +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
  When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu. |
| --- | --- |

10.

When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu.

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code KOCHDV 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 not 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. |
| --- | --- |

11.

| 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.

| 13. | Bids must be submitted in person between 10:00 and 12:00 on 26 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

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

14.

| 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.

| 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, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

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

17.

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

18.

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

19.

| 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.

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 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Budapest, ... ... 2018.

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

---

| 21.6.2018 | EN | Official Journal of the European Union | C 217/21 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/21

---

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

(2018/C 217/08)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXTRACTION AND EXPLOITATION OF GEOTHERMAL ENERGY UNDER CONCESSION IN THE NAGYKANIZSA-NYUGAT 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 Mining and Geological Service (MBFSZ) 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.

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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
  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.

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.

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








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Becsehely | Zala | Petrivente | Zala |
| Belezna | Zala | Rigyác | Zala |
| Eszteregnye | Zala | Semjénháza | Zala |
| Fityeház | Zala | Sormás | Zala |
| Letenye | Zala | Surd | Zala |
| Molnári | Zala | Szepetnek | Zala |
| Murakeresztúr | Zala | Tótszentmárton | Zala |
| Murarátka | Zala | Tótszerdahely | Zala |
| Nagykanizsa | Zala | Zajk | Zala |
| Őrtilos | Somogy | | |

4.

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

Municipality

County

Municipality

County

Becsehely

Zala

Petrivente

Zala

Belezna

Zala

Rigyác

Zala

Eszteregnye

Zala

Semjénháza

Zala

Fityeház

Zala

Sormás

Zala

Letenye

Zala

Surd

Zala

Molnári

Zala

Szepetnek

Zala

Murakeresztúr

Zala

Tótszentmárton

Zala

Murarátka

Zala

Tótszerdahely

Zala

Nagykanizsa

Zala

Zajk

Zala

Őrtilos

Somogy

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

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

Size of area designated for concession: 257,913 km2.

| 5. | Minimum net concession fee: HUF 43 000 000 (forty-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 in the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

| 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.

| 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, in 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.

| 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.

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

9.

| 10. | The Tender Document may be collected at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary; tel. +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
  When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu. |
| --- | --- |

10.

When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu.

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code NAGTDV 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 not 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. |
| --- | --- |

11.

| 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.

| 13. | Bids must be submitted in person between 10:00 and 12:00 on 27 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

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

14.

| 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.

| 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, the concession right for the prospection area will be restricted to the area of the geothermal protection boundary. |
| --- | --- |

16.

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

17.

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

18.

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

19.

| 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.

I)

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

—

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

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

—

the planned duration of the research,

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

—

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

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

—

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

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

—

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

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

—

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

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






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

II)

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

—

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

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

—

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

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






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

III)

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

—

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

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

—

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

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

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

21.

The concession contract 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Budapest, ... ... 2018.

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

---

| 21.6.2018 | EN | Official Journal of the European Union | C 217/25 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/25

---

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

(2018/C 217/09)

PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE SZEGED-DÉLKELET 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 Mining and Geological Service (MBFSZ) 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.

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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
  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.

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.

| 4. | Data on area designated for concession:
  Area designated for concession: The area is situated within the municipalities listed in the table below in the county of Csongrád:








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Algyő | Csongrád | Kübekháza | Csongrád |
| Deszk | Csongrád | Makó | Csongrád |
| Domaszék | Csongrád | Maroslele | Csongrád |
| Ferencszállás | Csongrád | Röszke | Csongrád |
| Hódmezővásárhely | Csongrád | Szeged | Csongrád |
| Kiszombor | Csongrád | Tiszasziget | Csongrád |
| Klárafalva | Csongrád | Újszentiván | Csongrád |

4.

Area designated for concession: The area is situated within the municipalities listed in the table below in the county of Csongrád:

Municipality

County

Municipality

County

Algyő

Csongrád

Kübekháza

Csongrád

Deszk

Csongrád

Makó

Csongrád

Domaszék

Csongrád

Maroslele

Csongrád

Ferencszállás

Csongrád

Röszke

Csongrád

Hódmezővásárhely

Csongrád

Szeged

Csongrád

Kiszombor

Csongrád

Tiszasziget

Csongrád

Klárafalva

Csongrád

Újszentiván

Csongrád

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 mine sites established for hydrocarbon mineral resources, which are not included in the area designated for concession, can be viewed on the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ (‘Concessions’) drop-down menu, and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

Size of area designated for concession: 278,809 km2.

Areas of mine sites 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 144 000 000 (one hundred and forty-four million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee in the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

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

6.

| 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, in 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.

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

8.

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

9.

| 10. | The Tender Document may be collected at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary; tel. +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
  When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu. |
| --- | --- |

10.

When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu.

| 11. | The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code SZCHDV 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 not 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. |
| --- | --- |

11.

| 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.

| 13. | Bids must be submitted in person between 10:00 and 12:00 on 26 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
| --- | --- |

13.

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

14.

| 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.

| 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, the concession right for the prospection area will be restricted to the area of the mining site. |
| --- | --- |

16.

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

17.

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

18.

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

19.

| 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.

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 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
| --- | --- |

22.

Budapest, ... ... 2018.

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

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 21.6.2018 | EN | Official Journal of the European Union | C 217/29 |
| --- | --- | --- | --- |

21.6.2018

EN

Official Journal of the European Union

C 217/29

---

Prior notification of a concentration

(Case M.8973 — Mitsui/Kansai/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 217/10)

1.

This notification concerns the following undertakings:

| — | Mitsui & Co., Ltd. (Japan, ‘Mitsui’), |
| --- | --- |

—

Mitsui & Co., Ltd. (Japan, ‘Mitsui’),

| — | Kansai Paint Co., Ltd. (Japan, ‘Kansai’) |
| --- | --- |

—

Kansai Paint Co., Ltd. (Japan, ‘Kansai’)

| — | Kansai Helios Coatings GmbH, currently solely controlled by Kansai (Austria, the ‘JV’) |
| --- | --- |

—

Kansai Helios Coatings GmbH, currently solely controlled by Kansai (Austria, the ‘JV’)

Mitsui proposes to acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV together with Kansai. Therefore, the transaction leads to a shift from sole to joint control of the JV.

The concentration is accomplished by way of purchase of shares.

2.

| — | Mitsui is a Japanese trading house engaged in a number of worldwide commodity and other businesses, including the sale, distribution, purchase, marketing and supply of products in business areas such as iron and steel, coal and non-ferrous metals, machinery electronics, chemicals, and energy-related commodities. |
| --- | --- |

—

Mitsui is a Japanese trading house engaged in a number of worldwide commodity and other businesses, including the sale, distribution, purchase, marketing and supply of products in business areas such as iron and steel, coal and non-ferrous metals, machinery electronics, chemicals, and energy-related commodities.

| — | Kansai is a Japanese-based chemical company whose main products are industrial and decorative coatings. The company operates under the ALESCO corporate brand. |
| --- | --- |

—

Kansai is a Japanese-based chemical company whose main products are industrial and decorative coatings. The company operates under the ALESCO corporate brand.

| — | The JV controls the Helios Group, a European coatings manufacturer. Helios Group focuses on industrial applications, but has also some activities in decorative and other types of coatings as well as resins, chemicals, adhesives and starches. |
| --- | --- |

—

The JV controls the Helios Group, a European coatings manufacturer. Helios Group focuses on industrial applications, but has also some activities in decorative and other types of coatings as well as resins, chemicals, adhesives and starches.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.8973 — Mitsui/Kansai/JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

| E-mail: COMP-MERGER-REGISTRY@ec.europa.eu |
| --- |
| Fax +32 22964301 |
| Postal address: |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

E-mail: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---