# Official Journal C 210/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 210 |
| | |
| English edition | Information and Notices | Volume 5911 June 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 210

English edition

Information and Notices

Volume 5911 June 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 210/01 | Communication from the Commission — The adaptation in line with inflation of minimum amounts laid down in Directive 2009/103/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability | 1 |
| 2016/C 210/02 | Non-opposition to a notified concentration (Case M.8022 — KKR/Airbus Defence Electronics) (
  1
  ) | 1 |
| 2016/C 210/03 | Non-opposition to a notified concentration (Case M.8029 — KNB/Mitsui/DVHP/DaVita) (
  1
  ) | 2 |
| 2016/C 210/04 | Non-opposition to a notified concentration (Case M.7983 — Danish Crown/SPF-Danmark) (
  1
  ) | 2 |
| 2016/C 210/05 | Non-opposition to a notified concentration (Case M.7786 — VISA Inc./VISA Europe) (
  1
  ) | 3 |
| 2016/C 210/06 | Non-opposition to a notified concentration (Case M.7999 — Hearst Corporation/Advance Publications/JV) (
  1
  ) | 3 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 210/01

Communication from the Commission — The adaptation in line with inflation of minimum amounts laid down in Directive 2009/103/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability

1

2016/C 210/02

Non-opposition to a notified concentration (Case M.8022 — KKR/Airbus Defence Electronics) (
  1
  )

1

1

2016/C 210/03

Non-opposition to a notified concentration (Case M.8029 — KNB/Mitsui/DVHP/DaVita) (
  1
  )

1

2

2016/C 210/04

Non-opposition to a notified concentration (Case M.7983 — Danish Crown/SPF-Danmark) (
  1
  )

1

2

2016/C 210/05

Non-opposition to a notified concentration (Case M.7786 — VISA Inc./VISA Europe) (
  1
  )

1

3

2016/C 210/06

Non-opposition to a notified concentration (Case M.7999 — Hearst Corporation/Advance Publications/JV) (
  1
  )

1

3

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 210/07 | Euro exchange rates | 4 |
| | NOTICES FROM MEMBER STATES |
| 2016/C 210/08 | 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 | 5 |
| 2016/C 210/09 | 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 | 9 |
| 2016/C 210/10 | Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 14 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 210/07

Euro exchange rates

4

NOTICES FROM MEMBER STATES

2016/C 210/08

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

5

2016/C 210/09

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

9

2016/C 210/10

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

14

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 210/11 | Prior notification of a concentration (Case M.7947 — Banco Santander Totta/BANIF) (
  1
  ) | 18 |
| 2016/C 210/12 | Prior notification of a concentration (Case M.8053 — AVIVA/Group CM-11/Office building) — Candidate case for simplified procedure (
  1
  ) | 19 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 210/11

Prior notification of a concentration (Case M.7947 — Banco Santander Totta/BANIF) (
  1
  )

1

18

2016/C 210/12

Prior notification of a concentration (Case M.8053 — AVIVA/Group CM-11/Office building) — Candidate case for simplified procedure (
  1
  )

1

19

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.6.2016 | EN | Official Journal of the European Union | C 210/1 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/1

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COMMUNICATION FROM THE COMMISSION

The adaptation in line with inflation of minimum amounts laid down in Directive 2009/103/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability

(2016/C 210/01)

In accordance with Article 9(2) of Directive 2009/103/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (1), the amounts laid down in euro in Article 9(1) were reviewed in 2015 in order to take account of changes in the European index of consumer prices comprising all Member States, as published by Eurostat.

As a result of the review, the amounts laid down in euro are as follows:

| — | in the case of personal injury, the minimum amount of cover is increased to EUR 1 220 000 per victim or EUR 6 070 000 per claim, whatever the number of victims, |
| --- | --- |

—

in the case of personal injury, the minimum amount of cover is increased to EUR 1 220 000 per victim or EUR 6 070 000 per claim, whatever the number of victims,

| — | in the case of material damage, the minimum amount is increased to EUR 1 220 000 per claim, whatever the number of victims. |
| --- | --- |

—

in the case of material damage, the minimum amount is increased to EUR 1 220 000 per claim, whatever the number of victims.

---

(1)  OJ L 263, 7.10.2009, p. 11.

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| 11.6.2016 | EN | Official Journal of the European Union | C 210/1 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/1

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Non-opposition to a notified concentration

(Case M.8022 — KKR/Airbus Defence Electronics)

(Text with EEA relevance)

(2016/C 210/02)

On 3 June 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8022. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8022. EUR-Lex is the online access to European law.

---

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

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| 11.6.2016 | EN | Official Journal of the European Union | C 210/2 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/2

---

Non-opposition to a notified concentration

(Case M.8029 — KNB/Mitsui/DVHP/DaVita)

(Text with EEA relevance)

(2016/C 210/03)

On 6 June 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | In electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8029. EUR-Lex is the online access to European law. |
| --- | --- |

—

In electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8029. EUR-Lex is the online access to European law.

---

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

---

| 11.6.2016 | EN | Official Journal of the European Union | C 210/2 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/2

---

Non-opposition to a notified concentration

(Case M.7983 — Danish Crown/SPF-Danmark)

(Text with EEA relevance)

(2016/C 210/04)

On 7 June 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7983. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7983. EUR-Lex is the online access to the European law.

---

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

---

| 11.6.2016 | EN | Official Journal of the European Union | C 210/3 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/3

---

Non-opposition to a notified concentration

(Case M.7786 — VISA Inc./VISA Europe)

(Text with EEA relevance)

(2016/C 210/05)

On 3 June 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7786. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7786. EUR-Lex is the online access to European law.

---

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

---

| 11.6.2016 | EN | Official Journal of the European Union | C 210/3 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/3

---

Non-opposition to a notified concentration

(Case M.7999 — Hearst Corporation/Advance Publications/JV)

(Text with EEA relevance)

(2016/C 210/06)

On 7 June 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7999. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7999. EUR-Lex is the online access to the European law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.6.2016 | EN | Official Journal of the European Union | C 210/4 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/4

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Euro exchange rates (1)

10 June 2016

(2016/C 210/07)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1304 |
| JPY | Japanese yen | 120,79 |
| DKK | Danish krone | 7,4356 |
| GBP | Pound sterling | 0,78480 |
| SEK | Swedish krona | 9,3233 |
| CHF | Swiss franc | 1,0885 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,2725 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,026 |
| HUF | Hungarian forint | 311,39 |
| PLN | Polish zloty | 4,3591 |
| RON | Romanian leu | 4,5148 |
| TRY | Turkish lira | 3,2994 |
| AUD | Australian dollar | 1,5274 |
| CAD | Canadian dollar | 1,4410 |
| HKD | Hong Kong dollar | 8,7738 |
| NZD | New Zealand dollar | 1,5950 |
| SGD | Singapore dollar | 1,5307 |
| KRW | South Korean won | 1 316,14 |
| ZAR | South African rand | 17,0584 |
| CNY | Chinese yuan renminbi | 7,4143 |
| HRK | Croatian kuna | 7,5390 |
| IDR | Indonesian rupiah | 15 029,37 |
| MYR | Malaysian ringgit | 4,5985 |
| PHP | Philippine peso | 51,978 |
| RUB | Russian rouble | 73,1420 |
| THB | Thai baht | 39,790 |
| BRL | Brazilian real | 3,8662 |
| MXN | Mexican peso | 20,8033 |
| INR | Indian rupee | 75,5200 |

Currency

Exchange rate

USD

US dollar

1,1304

JPY

Japanese yen

120,79

DKK

Danish krone

7,4356

GBP

Pound sterling

0,78480

SEK

Swedish krona

9,3233

CHF

Swiss franc

1,0885

ISK

Iceland króna

NOK

Norwegian krone

9,2725

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,026

HUF

Hungarian forint

311,39

PLN

Polish zloty

4,3591

RON

Romanian leu

4,5148

TRY

Turkish lira

3,2994

AUD

Australian dollar

1,5274

CAD

Canadian dollar

1,4410

HKD

Hong Kong dollar

8,7738

NZD

New Zealand dollar

1,5950

SGD

Singapore dollar

1,5307

KRW

South Korean won

1 316,14

ZAR

South African rand

17,0584

CNY

Chinese yuan renminbi

7,4143

HRK

Croatian kuna

7,5390

IDR

Indonesian rupiah

15 029,37

MYR

Malaysian ringgit

4,5985

PHP

Philippine peso

51,978

RUB

Russian rouble

73,1420

THB

Thai baht

39,790

BRL

Brazilian real

3,8662

MXN

Mexican peso

20,8033

INR

Indian rupee

75,5200

---

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

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NOTICES FROM MEMBER STATES

| 11.6.2016 | EN | Official Journal of the European Union | C 210/5 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/5

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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

(2016/C 210/08)

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

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

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

1.

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

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

The language of the tendering procedure is Hungarian.

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

2.

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

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

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

3.

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

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








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Bélmegyer | Békés | Mezőberény | Békés |
| Csökmő | Hajdú–Bihar | Okány | Békés |
| Darvas | Hajdú–Bihar | Szeghalom | Békés |
| Füzesgyarmat | Békés | Újiráz | Hajdú–Bihar |
| Komádi | Hajdú–Bihar | Vésztő | Békés |
| Körösladány | Békés | Zsáka | Hajdú–Bihar |
| Körösújfalu | Békés | | |

4.

Data on area designated for concession:

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

Municipality

County

Municipality

County

Bélmegyer

Békés

Mezőberény

Békés

Csökmő

Hajdú–Bihar

Okány

Békés

Darvas

Hajdú–Bihar

Szeghalom

Békés

Füzesgyarmat

Békés

Újiráz

Hajdú–Bihar

Komádi

Hajdú–Bihar

Vésztő

Békés

Körösladány

Békés

Zsáka

Hajdú–Bihar

Körösújfalu

Békés

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

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

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

Size of area designated for concession: 532,78 km2.

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

| 5. | Minimum net concession fee: HUF 181 500 000 (one hundred and eighty-one million five hundred thousand forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 181 500 000 (one hundred and eighty-one million five hundred thousand forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

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

6.

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

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

7.

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

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

8.

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

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

9.

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

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

10.

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

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

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

11.

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

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

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

12.

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

| 13. | Bids must be submitted in person on 28 September 2016 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 28 September 2016 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

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

14.

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

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

15.

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

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

16.

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

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

17.

Each bidder may submit only a single bid.

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

18.

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

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

19.

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

| 20. | Tender adjudication criteria:






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






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

20.

Tender adjudication criteria:

(I)

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

—

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

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

—

the planned duration of the research;

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

—

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

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

—

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

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

—

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

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

—

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

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






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

(II)

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

—

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

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

—

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

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






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

(III)

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

—

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

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

—

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

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

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

21.

The concession contract

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

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

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

The draft concession contract is annexed to the Tender Document.

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

22.

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

Budapest, 5 April 2016.

Dr Miklós SESZTÁK

Minister

---

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

1

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| 11.6.2016 | EN | Official Journal of the European Union | C 210/9 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/9

---

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

(2016/C 210/09)

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

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

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

1.

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

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

The language of the tendering procedure is Hungarian.

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

2.

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

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

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

3.

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

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








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Almásháza | Zala | Nemeshetés | Zala |
| Alsónemesapáti | Zala | Nemesrádó | Zala |
| Alsópáhok | Zala | Nemessándorháza | Zala |
| Alsórajk | Zala | Nemesszentandrás | Zala |
| Babosdöbréte | Zala | Óhíd | Zala |
| Bezeréd | Zala | Orbányosfa | Zala |
| Bókaháza | Zala | Orosztony | Zala |
| Búcsúszentlászló | Zala | Pacsa | Zala |
| Csatár | Zala | Padár | Zala |
| Dióskál | Zala | Pakod | Zala |
| Döbröce | Zala | Pethőhenye | Zala |
| Dötk | Zala | Pókaszepetk | Zala |
| Egeraracsa | Zala | Pölöske | Zala |
| Esztergályhorváti | Zala | Sármellék | Zala |
| Felsőpáhok | Zala | Sénye | Zala |
| Felsőrajk | Zala | Szentgyörgyvár | Zala |
| Garabonc | Zala | Szentpéterúr | Zala |
| Gelse | Zala | Teskánd | Zala |
| Gelsesziget | Zala | Tilaj | Zala |
| Gétye | Zala | Újudvar | Zala |
| Gyűrűs | Zala | Vindornyafok | Zala |
| Hévíz | Zala | Vindornyalak | Zala |
| Kacorlak | Zala | Vindornyaszőlős | Zala |
| Kallósd | Zala | Zalaapáti | Zala |
| Karmacs | Zala | Zalabér | Zala |
| Kehidakustány | Zala | Zalacsány | Zala |
| Kemendollár | Zala | Zalaegerszeg | Zala |
| Kerecseny | Zala | Zalaigrice | Zala |
| Kilimán | Zala | Zalaistvánd | Zala |
| Kisbucsa | Zala | Zalakaros | Zala |
| Kisgörbő | Zala | Zalaköveskút | Zala |
| Ligetfalva | Zala | Zalamerenye | Zala |
| Misefa | Zala | Zalaszabar | Zala |
| Nagybakónak | Zala | Zalaszentgrót | Zala |
| Nagygörbő | Zala | Zalaszentlászló | Zala |
| Nagykapornak | Zala | Zalaszentmárton | Zala |
| Nagyrada | Zala | Zalaszentmihály | Zala |
| Nemesapáti | Zala | Zalaújlak | Zala |
| Nemesbük | Zala | Zalavár | Zala |

4.

Data on area designated for concession:

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

Municipality

County

Municipality

County

Almásháza

Zala

Nemeshetés

Zala

Alsónemesapáti

Zala

Nemesrádó

Zala

Alsópáhok

Zala

Nemessándorháza

Zala

Alsórajk

Zala

Nemesszentandrás

Zala

Babosdöbréte

Zala

Óhíd

Zala

Bezeréd

Zala

Orbányosfa

Zala

Bókaháza

Zala

Orosztony

Zala

Búcsúszentlászló

Zala

Pacsa

Zala

Csatár

Zala

Padár

Zala

Dióskál

Zala

Pakod

Zala

Döbröce

Zala

Pethőhenye

Zala

Dötk

Zala

Pókaszepetk

Zala

Egeraracsa

Zala

Pölöske

Zala

Esztergályhorváti

Zala

Sármellék

Zala

Felsőpáhok

Zala

Sénye

Zala

Felsőrajk

Zala

Szentgyörgyvár

Zala

Garabonc

Zala

Szentpéterúr

Zala

Gelse

Zala

Teskánd

Zala

Gelsesziget

Zala

Tilaj

Zala

Gétye

Zala

Újudvar

Zala

Gyűrűs

Zala

Vindornyafok

Zala

Hévíz

Zala

Vindornyalak

Zala

Kacorlak

Zala

Vindornyaszőlős

Zala

Kallósd

Zala

Zalaapáti

Zala

Karmacs

Zala

Zalabér

Zala

Kehidakustány

Zala

Zalacsány

Zala

Kemendollár

Zala

Zalaegerszeg

Zala

Kerecseny

Zala

Zalaigrice

Zala

Kilimán

Zala

Zalaistvánd

Zala

Kisbucsa

Zala

Zalakaros

Zala

Kisgörbő

Zala

Zalaköveskút

Zala

Ligetfalva

Zala

Zalamerenye

Zala

Misefa

Zala

Zalaszabar

Zala

Nagybakónak

Zala

Zalaszentgrót

Zala

Nagygörbő

Zala

Zalaszentlászló

Zala

Nagykapornak

Zala

Zalaszentmárton

Zala

Nagyrada

Zala

Zalaszentmihály

Zala

Nemesapáti

Zala

Zalaújlak

Zala

Nemesbük

Zala

Zalavár

Zala

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

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

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

Size of area designated for concession: 692,08 km2.

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

| 5. | Minimum net concession fee: HUF 315 000 000 (three hundred and fifteen million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
| --- | --- |

5.

Minimum net concession fee: HUF 315 000 000 (three hundred and fifteen million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract.

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

6.

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

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

7.

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

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

8.

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

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

9.

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

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

10.

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

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

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

11.

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

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

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

12.

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

| 13. | Bids must be submitted in person on 28 September 2016 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 28 September 2016 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

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

14.

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

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

15.

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

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

16.

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

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

17.

Each bidder may submit only a single bid.

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

18.

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

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

19.

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

| 20. | Tender adjudication criteria:






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






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

20.

Tender adjudication criteria:

(I)

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

—

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

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

—

the planned duration of the research;

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

—

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

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

—

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

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

—

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

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

—

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

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






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

(II)

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

—

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

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

—

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

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






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

(III)

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

—

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

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

—

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

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

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

21.

The concession contract

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

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

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

The draft concession contract is annexed to the Tender Document.

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

22.

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

Budapest, 5 April 2016.

Dr Miklós SESZTÁK

Minister

---

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

1

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| 11.6.2016 | EN | Official Journal of the European Union | C 210/14 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/14

---

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

(2016/C 210/10)

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

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

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

1.

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

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

The language of the tendering procedure is Hungarian.

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

2.

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

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

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

3.

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

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








  Municipality | County | Municipality | County |
| --- | --- | --- | --- | --- |
| Alsószenterzsébet | Zala | Kisrákos | Vas |
| Babosdöbréte | Zala | Kissziget | Zala |
| Baglad | Zala | Kozmadombja | Zala |
| Becsvölgye | Zala | Kustánszeg | Zala |
| Belsősárd | Zala | Lenti | Zala |
| Boncodfölde | Zala | Milejszeg | Zala |
| Böde | Zala | Nagylengyel | Zala |
| Csesztreg | Zala | Németfalu | Zala |
| Csonkahegyhát | Zala | Nova | Zala |
| Csöde | Zala | Ortaháza | Zala |
| Csömödér | Zala | Páka | Zala |
| Dobronhegy | Zala | Pálfiszeg | Zala |
| Felsőjánosfa | Vas | Pankasz | Vas |
| Gosztola | Zala | Pórszombat | Zala |
| Hegyhátszentjakab | Vas | Pusztaapáti | Zala |
| Hernyék | Zala | Rédics | Zala |
| Hottó | Zala | Resznek | Zala |
| Iklódbördőce | Zala | Salomvár | Zala |
| Kálócfa | Zala | Szatta | Vas |
| Kávás | Zala | Szilvágy | Zala |
| Keménfa | Zala | Teskánd | Zala |
| Kerkabarabás | Zala | Zalabaksa | Zala |
| Kerkafalva | Zala | Zalalövő | Zala |
| Kerkakutas | Zala | Zebecke | Zala |

4.

Data on area designated for concession:

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

Municipality

County

Municipality

County

Alsószenterzsébet

Zala

Kisrákos

Vas

Babosdöbréte

Zala

Kissziget

Zala

Baglad

Zala

Kozmadombja

Zala

Becsvölgye

Zala

Kustánszeg

Zala

Belsősárd

Zala

Lenti

Zala

Boncodfölde

Zala

Milejszeg

Zala

Böde

Zala

Nagylengyel

Zala

Csesztreg

Zala

Németfalu

Zala

Csonkahegyhát

Zala

Nova

Zala

Csöde

Zala

Ortaháza

Zala

Csömödér

Zala

Páka

Zala

Dobronhegy

Zala

Pálfiszeg

Zala

Felsőjánosfa

Vas

Pankasz

Vas

Gosztola

Zala

Pórszombat

Zala

Hegyhátszentjakab

Vas

Pusztaapáti

Zala

Hernyék

Zala

Rédics

Zala

Hottó

Zala

Resznek

Zala

Iklódbördőce

Zala

Salomvár

Zala

Kálócfa

Zala

Szatta

Vas

Kávás

Zala

Szilvágy

Zala

Keménfa

Zala

Teskánd

Zala

Kerkabarabás

Zala

Zalabaksa

Zala

Kerkafalva

Zala

Zalalövő

Zala

Kerkakutas

Zala

Zebecke

Zala

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

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

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

Size of area designated for concession: 417,16 km2.

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

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

5.

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

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

6.

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

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

7.

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

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

8.

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

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

9.

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

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

10.

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

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

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

11.

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

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

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

12.

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

| 13. | Bids must be submitted in person on 28 September 2016 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
| --- | --- |

13.

Bids must be submitted in person on 28 September 2016 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium).

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

14.

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

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

15.

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

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

16.

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

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

17.

Each bidder may submit only a single bid.

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

18.

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

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

19.

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

| 20. | Tender adjudication criteria:






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






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

20.

Tender adjudication criteria:

(I)

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

—

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

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

—

the planned duration of the research;

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

—

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

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

—

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

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

—

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

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

—

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

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






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

(II)

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

—

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

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

—

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

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






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

(III)

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

—

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

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

—

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

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

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

21.

The concession contract

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

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

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

The draft concession contract is annexed to the Tender Document.

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

22.

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

Budapest, 5 April 2016.

Dr Miklós SESZTÁK

Minister

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

1

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 11.6.2016 | EN | Official Journal of the European Union | C 210/18 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/18

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Prior notification of a concentration

(Case M.7947 — Banco Santander Totta/BANIF)

(Text with EEA relevance)

(2016/C 210/11)

| 1. | On 2 June 2016 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Banco Santander Totta, SA (‘BST’, Portugal), the Portuguese subsidiary of the Santander Group (Spain), acquires within the meaning of Article 3(1) of the Merger Regulation sole control of a set of assets and liabilities of Banco Internacional do Funchal, SA (‘BANIF’, Portugal), within the context of a resolution measure adopted by Banco de Portugal. |
| --- | --- |

1.

On 2 June 2016 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Banco Santander Totta, SA (‘BST’, Portugal), the Portuguese subsidiary of the Santander Group (Spain), acquires within the meaning of Article 3(1) of the Merger Regulation sole control of a set of assets and liabilities of Banco Internacional do Funchal, SA (‘BANIF’, Portugal), within the context of a resolution measure adopted by Banco de Portugal.

| 2. | The business activities of the undertakings concerned are:
  —   for BST: retail and corporate banking, finance and insurance,
  —   for BANIF: retail and corporate banking. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for BST: retail and corporate banking, finance and insurance,

—   for BANIF: retail and corporate banking.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7947 — Banco Santander Totta/BANIF, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7947 — Banco Santander Totta/BANIF, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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| 11.6.2016 | EN | Official Journal of the European Union | C 210/19 |
| --- | --- | --- | --- |

11.6.2016

EN

Official Journal of the European Union

C 210/19

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Prior notification of a concentration

(Case M.8053 — AVIVA/Group CM-11/Office building)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 210/12)

| 1. | On 6 June 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings ‘AVIVA France’, a subsidiary of ‘AVIVA plc’ (UK, hereinafter collectively referred to as ‘AVIVA’), and the ‘Groupe des Assurances du Crédit Mutuel’ (France), which is controlled by the ‘Banque Fédérative du Crédit Mutuel’ (France, hereinafter collectively referred to as ‘Groupe CM-11’) (together ‘the Parties’) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of an entire office building located in France, in the Paris region, by way of a company set up for the purpose of carrying out the operation. |
| --- | --- |

1.

On 6 June 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings ‘AVIVA France’, a subsidiary of ‘AVIVA plc’ (UK, hereinafter collectively referred to as ‘AVIVA’), and the ‘Groupe des Assurances du Crédit Mutuel’ (France), which is controlled by the ‘Banque Fédérative du Crédit Mutuel’ (France, hereinafter collectively referred to as ‘Groupe CM-11’) (together ‘the Parties’) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of an entire office building located in France, in the Paris region, by way of a company set up for the purpose of carrying out the operation.

| 2. | The business activities of the undertakings concerned are:
  —   AVIVA: AVIVA France and the AVIVA Group it belongs to are active in the insurance sector.
  —   Groupe CM-11: Groupe des Assurances du Crédit Mutuel is mainly active in the insurance sector (life insurance and personal insurance). |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   AVIVA: AVIVA France and the AVIVA Group it belongs to are active in the insurance sector.

—   Groupe CM-11: Groupe des Assurances du Crédit Mutuel is mainly active in the insurance sector (life insurance and personal insurance).

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under 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. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under 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. | The Commission invites interested third parties to submit to it their observations on the proposed operation.
  Observations must reach the Commission no later than 10 days following the date on which this notification is published. They can be sent to the Commission under reference number M.8053 — AVIVA/Group CM-11/Office building by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post to the following address:





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

4.

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

Observations must reach the Commission no later than 10 days following the date on which this notification is published. They can be sent to the Commission under reference number M.8053 — AVIVA/Group CM-11/Office building by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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