# Official Journal C 370/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 370 |
| | |
| English edition | Information and Notices | Volume 598 October 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 370

English edition

Information and Notices

Volume 598 October 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 370/01 | Non-opposition to a notified concentration (Case M.8205 — SEGRO/PSPIB/SELP/Gliwice 5 Logistics Asset) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 370/01

Non-opposition to a notified concentration (Case M.8205 — SEGRO/PSPIB/SELP/Gliwice 5 Logistics Asset) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 370/02 | Euro exchange rates | 2 |
| | NOTICES FROM MEMBER STATES |
| 2016/C 370/03 | Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 370/02

Euro exchange rates

2

NOTICES FROM MEMBER STATES

2016/C 370/03

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

3

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 370/04 | Prior notification of a concentration (Case M.8162 — Daimler/Athlon Car Lease International) — Candidate case for simplified procedure (
  1
  ) | 15 |
| 2016/C 370/05 | Prior notification of a concentration (Case M.8120 — Hapag-Lloyd/United Arab Shipping Company) (
  1
  ) | 16 |
| 2016/C 370/06 | Prior notification of a concentration (Case M.8060 — Abbott Laboratories/St. Jude Medical) (
  1
  ) | 17 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 370/04

Prior notification of a concentration (Case M.8162 — Daimler/Athlon Car Lease International) — Candidate case for simplified procedure (
  1
  )

1

15

2016/C 370/05

Prior notification of a concentration (Case M.8120 — Hapag-Lloyd/United Arab Shipping Company) (
  1
  )

1

16

2016/C 370/06

Prior notification of a concentration (Case M.8060 — Abbott Laboratories/St. Jude Medical) (
  1
  )

1

17

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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

| 8.10.2016 | EN | Official Journal of the European Union | C 370/1 |
| --- | --- | --- | --- |

8.10.2016

EN

Official Journal of the European Union

C 370/1

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Non-opposition to a notified concentration

(Case M.8205 — SEGRO/PSPIB/SELP/Gliwice 5 Logistics Asset)

(Text with EEA relevance)

(2016/C 370/01)

On 3 October 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 32016M8205. 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 32016M8205. EUR-Lex is the online access to European law.

---

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 8.10.2016 | EN | Official Journal of the European Union | C 370/2 |
| --- | --- | --- | --- |

8.10.2016

EN

Official Journal of the European Union

C 370/2

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Euro exchange rates (1)

7 October 2016

(2016/C 370/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1140 |
| JPY | Japanese yen | 115,44 |
| DKK | Danish krone | 7,4405 |
| GBP | Pound sterling | 0,90353 |
| SEK | Swedish krona | 9,6335 |
| CHF | Swiss franc | 1,0946 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,0010 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 303,86 |
| PLN | Polish zloty | 4,2813 |
| RON | Romanian leu | 4,5046 |
| TRY | Turkish lira | 3,3985 |
| AUD | Australian dollar | 1,4696 |
| CAD | Canadian dollar | 1,4784 |
| HKD | Hong Kong dollar | 8,6426 |
| NZD | New Zealand dollar | 1,5590 |
| SGD | Singapore dollar | 1,5320 |
| KRW | South Korean won | 1 243,04 |
| ZAR | South African rand | 15,4629 |
| CNY | Chinese yuan renminbi | 7,4322 |
| HRK | Croatian kuna | 7,5035 |
| IDR | Indonesian rupiah | 14 466,31 |
| MYR | Malaysian ringgit | 4,6343 |
| PHP | Philippine peso | 53,883 |
| RUB | Russian rouble | 69,5692 |
| THB | Thai baht | 38,890 |
| BRL | Brazilian real | 3,6087 |
| MXN | Mexican peso | 21,5602 |
| INR | Indian rupee | 74,3105 |

Currency

Exchange rate

USD

US dollar

1,1140

JPY

Japanese yen

115,44

DKK

Danish krone

7,4405

GBP

Pound sterling

0,90353

SEK

Swedish krona

9,6335

CHF

Swiss franc

1,0946

ISK

Iceland króna

NOK

Norwegian krone

9,0010

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

303,86

PLN

Polish zloty

4,2813

RON

Romanian leu

4,5046

TRY

Turkish lira

3,3985

AUD

Australian dollar

1,4696

CAD

Canadian dollar

1,4784

HKD

Hong Kong dollar

8,6426

NZD

New Zealand dollar

1,5590

SGD

Singapore dollar

1,5320

KRW

South Korean won

1 243,04

ZAR

South African rand

15,4629

CNY

Chinese yuan renminbi

7,4322

HRK

Croatian kuna

7,5035

IDR

Indonesian rupiah

14 466,31

MYR

Malaysian ringgit

4,6343

PHP

Philippine peso

53,883

RUB

Russian rouble

69,5692

THB

Thai baht

38,890

BRL

Brazilian real

3,6087

MXN

Mexican peso

21,5602

INR

Indian rupee

74,3105

---

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

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NOTICES FROM MEMBER STATES

| 8.10.2016 | EN | Official Journal of the European Union | C 370/3 |
| --- | --- | --- | --- |

8.10.2016

EN

Official Journal of the European Union

C 370/3

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

(2016/C 370/03)

PUBLIC INVITATION TO BID FOR A CONCESSION FOR THE PROSPECTION AND EXPLORATION OF OIL AND NATURAL GAS DEPOSITS AND THE EXTRACTION OF OIL AND NATURAL GAS IN THE ‘WOLIN’ AREA

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2015, item 196, as amended). |
| --- | --- |

1.

Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2015, item 196, as amended).

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

2.

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

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

3.

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

SECTION II: ENTITY INVITING BIDS

| Name: Ministry of the Environment |
| --- |
| Postal address: ul. Wawelska 52/54, 00-922 Warsaw, Poland. |
| Tel. +48 223692449, +48 223692447. Fax +48 223692460 |
| Website: www.mos.gov.pl |

Name: Ministry of the Environment

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

Tel. +48 223692449, +48 223692447. Fax +48 223692460

Website: www.mos.gov.pl

SECTION III: SUBJECT OF THE PROCEDURE

(1)   Type of activities for which the concession is to be granted:

Concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Wolin’ area, concession blocks 61, 62, 81 and 82.

(2)   Area within which the activities are to be conducted:

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

| Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 691 055,170 | 219 674,190 |
| 2 | 689 227,432 | 218 860,552 |
| 3 | 689 623,617 | 217 553,473 |
| 4 | 689 290,526 | 217 087,737 |
| 5 | 688 166,794 | 217 687,450 |
| 6 | 687 793,892 | 218 222,396 |
| 7 | 670 114,550 | 210 352,240 |
| 8 | 671 385,380 | 187 654,319 |
| between points 8 and 9, the boundary follows the state border |
| 9 | 692 809,520 | 188 037,310 |

Point No

X [PL-1992]

Y [PL-1992]

1

691 055,170

219 674,190

2

689 227,432

218 860,552

3

689 623,617

217 553,473

4

689 290,526

217 087,737

5

688 166,794

217 687,450

6

687 793,892

218 222,396

7

670 114,550

210 352,240

8

671 385,380

187 654,319

between points 8 and 9, the boundary follows the state border

9

692 809,520

188 037,310

Excluded from the area covered by this bidding procedure is an area whose boundaries are defined by the lines joining points (1-13) with the following coordinates in the PL-1992 coordinate system:

| Point No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 1 | 683 138,110 | 200 422,060 |
| 2 | 681 684,100 | 200 077,420 |
| 3 | 680 280,860 | 198 531,930 |
| 4 | 680 274,370 | 198 132,300 |
| 5 | 679 655,670 | 195 452,370 |
| 6 | 679 964,720 | 193 611,060 |
| 7 | 681 966,100 | 193 765,850 |
| between points 7 and 8, the boundary follows the Baltic Sea coastline |
| 8 | 682 371,790 | 198 051,360 |
| 9 | 682 483,243 | 198 010,585 |
| 10 | 683 105,563 | 199 658,967 |
| 11 | 683 020,100 | 199 686,937 |
| 12 | 683 002,942 | 199 691,398 |
| between points 12 and 13, the boundary follows the Baltic Sea coastline |
| 13 | 683 210,446 | 200 143,119 |

Point No

X [PL-1992]

Y [PL-1992]

1

683 138,110

200 422,060

2

681 684,100

200 077,420

3

680 280,860

198 531,930

4

680 274,370

198 132,300

5

679 655,670

195 452,370

6

679 964,720

193 611,060

7

681 966,100

193 765,850

between points 7 and 8, the boundary follows the Baltic Sea coastline

8

682 371,790

198 051,360

9

682 483,243

198 010,585

10

683 105,563

199 658,967

11

683 020,100

199 686,937

12

683 002,942

199 691,398

between points 12 and 13, the boundary follows the Baltic Sea coastline

13

683 210,446

200 143,119

The surface area of the vertical projection of the area covered by this bidding procedure, taking into consideration the excluded area, is 593,01 km2.

The area covered by the bidding procedure is located in the following districts and municipalities in Zachodniopomorskie Province:

| | town with district status: Świnoujście (23,80 % of the total area), |
| --- | --- |

town with district status: Świnoujście (23,80 % of the total area),

| | Kamień Pomorski district, municipalities: Międzyzdroje (15,19 %), Wolin (28,47 %), Dziwnów (1,15 %), |
| --- | --- |

Kamień Pomorski district, municipalities: Międzyzdroje (15,19 %), Wolin (28,47 %), Dziwnów (1,15 %),

| | and in the adjacent territorial sea (31,39 %). |
| --- | --- |

and in the adjacent territorial sea (31,39 %).

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

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

Bids must be submitted to the headquarters of the Ministry of the Environment no later than 16.00 CET/CEST on the last day of the 91-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

Bids may be submitted by entities in respect of which a decision has been issued confirming the positive outcome of a qualification procedure, as provided for in Article 49a(16)(1) and (2) of the Geological and Mining Law Act, independently, or as the operator if several entities are applying jointly for the concession.

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

| 30 % | — | financial capacities offering an adequate guarantee that activities relating to, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing; |
| --- | --- | --- |
| 25 % | — | technical capacities for, respectively, the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons, and in particular the availability of appropriate technical, organisational, logistical and human resources potential; |
| 20 % | — | scope and scheduling of the geological works, including geological operations, or mining operations proposed; |
| 10 % | — | experience in the prospection and exploration of hydrocarbon deposits or the extraction of hydrocarbons, ensuring safe operation, the protection of human and animal life and health, and environmental protection; |
| 10 % | — | the proposed technology for conducting geological works, including geological operations, or mining operations, using innovative elements developed for this project; |
| 5 % | — | scope and scheduling of the mandatory collection of samples obtained during geological operations, including drill cores. |

30 %

—

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

25 %

—

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

20 %

—

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

10 %

—

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

10 %

—

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

5 %

—

scope and scheduling of the mandatory collection of samples obtained during geological operations, including drill cores.

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

(5)   Minimum scope of geological information:

| Concession data | name of area: Wolin
  location: offshore and onshore; concession blocks 61, 62, 81 and 82 |
| --- | --- |
| Type of deposit | conventional oil and natural gas deposits |
| Structural levels | Cenozoic
  Permo-Mesozoic
  Paleozoic |
| Petroleum systems | I | — | Upper Paleozoic (Carboniferous + Rotliegend) |
| II | — | Zechstein (Main Dolomite) |

Concession data

name of area: Wolin

location: offshore and onshore; concession blocks 61, 62, 81 and 82

Type of deposit

conventional oil and natural gas deposits

Structural levels

Cenozoic

Permo-Mesozoic

Paleozoic

Petroleum systems

I

—

Upper Paleozoic (Carboniferous + Rotliegend)

II

—

Zechstein (Main Dolomite)

Source rocks

| I | — | Upper Carboniferous sediments |
| --- | --- | --- |
| II | — | Main Dolomite formations |

I

—

Upper Carboniferous sediments

II

—

Main Dolomite formations

Reservoir rocks

| I | — | sandstones, mudstones and Rotliegend conglomerates |
| --- | --- | --- |
| II | — | Main Dolomite formations |

I

—

sandstones, mudstones and Rotliegend conglomerates

II

—

Main Dolomite formations

Seal rocks

| I | — | Zechstein evaporates; clayey Rotliegend sediments in places |
| --- | --- | --- |
| II | — | Main Dolomite formations, Zechstein evaporates |

I

—

Zechstein evaporates; clayey Rotliegend sediments in places

II

—

Main Dolomite formations, Zechstein evaporates

Thickness of overburden

| I | — | from 2 700 m in sector E to 2 900 -3 100 m in other sectors |
| --- | --- | --- |
| II | — | from 2 400 m in sector E to 2 750 -2 850 m in other sectors |

I

—

from 2 700 m in sector E to 2 900 -3 100 m in other sectors

II

—

from 2 400 m in sector E to 2 750 -2 850 m in other sectors

Trap type

| I | — | massive |
| --- | --- | --- |
| II | — | structural |

I

—

massive

II

—

structural

Deposits identified in the vicinity (NG — natural gas; O — oil)

Kamień Pomorski (O) — discovered in 1972; cumulative production: 1 912 290 tonnes; production in 2014: 2 130 tonnes; reserves and resources: 12 700 tonnes (industrial: 12 270 tonnes)

(associated NG) — cumulative production: 268,82 mln m3; production in 2014: 0,38 mln m3; reserves and resources: 10,39 mln m3 (industrial: none)

Rekowo (O) — discovered in 1994; cumulative production: 13 420 tonnes; production in 2014: 540 tonnes; reserves and resources: 2 270 tonnes (industrial: none)

(associated NG) — cumulative production: 1 980 000 m3; production in 2014: 60 000 m3; reserves and resources: 380 000 m3 (industrial: none)

Błotno (O) — discovered in 1985; cumulative production 36 580 tonnes; production in 2014: 530 tonnes; reserves and resources: 9 790 tonnes (industrial: 9 760 tonnes)

(associated NG) — cumulative production: 7 760 000 m3; production in 2014: 50 000 m3; reserves and resources: 2 110 000 m3 (industrial: none)

Wysoka Kamieńska (O) — discovered in 1980; cumulative production: 404 330 tonnes; production in 2014: 4 130 tonnes; reserves and resources: 27 750 tonnes (industrial: 27 730 tonnes)

(associated NG) — cumulative production: 28 090 000 m3; production in 2014: 310 000 m3; reserves and resources: 3 590 000 m3 (industrial: 2 120 000 m3)

Międzyzdroje (O) — exploited 1971-1994; cumulative production over 24 years: 41 890 tonnes

(associated NG) — cumulative production over 24 years: 12 140 000 m3;

Wrzosowo (NG) — discovered in 1975; unexploited; reserves and resources: 600 000 000 m3;

Międzyzdroje W (NG) — discovered in 1990; unexploited; reserves and resources: 300 000 000 m3;

Międzyzdroje E (NG) — discovered in 1990; unexploited; reserves and resources: 300 000 000 m3;

Przytór (NG) — discovered in 1990; unexploited; reserves and resources: 360 000 000 m3.

Seismic surveys completed (owner)

analogue seismic surveys 1962-1971 (State Treasury)

Benchmark wells (TVD)

Kamień Pomorski IG-1 (2 810,5 m), Przytór 3 (3 083,0 m), Wolin IG-1 (2 819,1 m)

(6)   Date of commencement of activities:

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

(7)   Conditions for granting the concession, in particular concerning the amount, scope and manner of providing the security referred to in Article 49x(1) of the Geological and Mining Law Act and, where justified, the amount, scope and manner of providing the security referred to in Article 49x(2) of that Act:

The successful bidder is required to provide a security covering non-compliance or inadequate compliance with the conditions laid down in the concession and for financing the closure of mine workings if the concession expires, is withdrawn or becomes invalid. This security is to be provided for the period from the date on which the concession is granted until the end of the prospection and exploration phase. The amount of the security is PLN 100 000. The form and date of its payment are governed by Article 49x(4) and (5) of the Geological and Mining Law Act.

(8)   Minimum scope of geological works, including geological operations, or mining operations:

The minimum programme of geological works proposed for the prospection and exploration phase comprises:

Stage I duration: 12 months

scope: interpreting and analysing archival geological data

Stage II duration: 12 months

scope: executing 2D seismic surveys (100 km)

Stage III duration: 24 months

scope: drilling one borehole to a maximum depth of 3 500 m, with mandatory coring of prospective intervals

Stage IV duration: 12 months

scope: analysing the data obtained.

(9)   Period for which the concession is to be granted:

The concession period is 10 years, including:

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

—

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

| — | an extraction phase, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

an extraction phase, starting from the date on which an investment decision is obtained.

(10)   Specific conditions for carrying out the activities and for ensuring public safety, public health, environmental protection and rational management of deposits:

Implementation of the concession work programme must not infringe landowners' rights and does not remove the need to comply with other requirements laid down in legislation, in particular the Geological and Mining Law Act, the Act on the marine areas of the Republic of Poland and maritime administration and the Convention on the Protection of the Marine Environment of the Baltic Sea Area, and requirements regarding land use, environmental protection, agricultural land and forests, nature, waters and waste.

(11)   Model agreement on the establishment of mining usufruct rights:

The model agreement is attached as an annex hereto.

(12)   Information concerning the amount of the fee for establishing mining usufruct rights:

The minimum amount of the fee for establishing mining usufruct rights for the ‘Wolin’ area during the five-year base period is PLN 126 026,49 (in words: one hundred and twenty-six thousand and twenty-six zlotys and 49 grosz) per annum. The annual fee for establishing mining usufruct rights for the purpose of the prospection and exploration of minerals is indexed to average annual consumer price indices set cumulatively for the period from the conclusion of the agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette) (Article 49h(3)(12) of the Geological and Mining Law Act).

(13)   Information concerning requirements to be met by bids and documents required from bidders:

| 1. | Bids should specify:






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

1.

Bids should specify:

1)

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

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

2)

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

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

3)

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

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

4)

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

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

5)

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

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

6)

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

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

7)

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

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

8)

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

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

9)

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

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

10)

the scope of the geological information available to the bidder;

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

11)

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

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

12)

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

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

13)

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

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

14)

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

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

15)

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

| 16) | the proposed form of providing security, as referred to in Article 49x(4) of the Geological and Mining Law Act; |
| --- | --- |

16)

the proposed form of providing security, as referred to in Article 49x(4) of the Geological and Mining Law Act;

| 17) | if a bid is submitted jointly by several entities, it must additionally specify:






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

17)

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

a)

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

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

b)

the operator;

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

c)

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

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

2.

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

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






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

3.

The following documents are to be enclosed with bids:

1)

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

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

2)

proof that a deposit has been lodged;

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

3)

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

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

4)

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

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

5)

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

| 6) | two copies of the geological operations project file. |
| --- | --- |

6)

two copies of the geological operations project file.

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

4.

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

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

5.

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

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

6.

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

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

7.

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

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

8.

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

(14)   Information concerning the manner of lodging a deposit, the amount of the deposit and the payment date:

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

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Additional explanations

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

IV.3)   Additional information

Full information about the area covered by the bidding procedure has been compiled by the Polish Geological Service in the Pakiet danych geologicznych (Geological Data Pack), which is available on the Ministry of the Environment website (www.mos.gov.pl) and from the

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

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

Ministerstwo Środowiska (Ministry of the Environment)

ul. Wawelska 52/54

00-922 Warszawa

POLSKA/POLAND

Tel. +48 223692449

Fax +48 223692460

---

ANNEX

AGREEMENT

establishing mining usufruct rights for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Wolin’ area

concluded at Warsaw on ... 2016 between:

the State Treasury, represented by the Minister for the Environment, for and on behalf of whom Mr Mariusz Orion Jędrysek, State Secretary at the Ministry of the Environment and Chief Geologist of Poland, acts under power of attorney No 5 of 27 January 2016, hereinafter referred to as the ‘State Treasury’

and

XXX, having its registered office at: ... (full address) ...

hereinafter referred to as the ‘Holder of Mining Usufruct Rights’,

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the towns and municipalities of Międzyzdroje, Wolin and Dziwnów and the town of Świnoujście in Zachodniopomorskie Province, and within the adjacent territorial sea area, the boundaries of which are defined by lines joining points (1 to 9) having the following coordinates in the PL-1992 coordinate system:







  No | Coordinates |
| --- | --- | --- |
| X | Y |
| 1 | 691 055,170 | 219 674,190 |
| 2 | 689 227,432 | 218 860,552 |
| 3 | 689 623,617 | 217 553,473 |
| 4 | 689 290,526 | 217 087,737 |
| 5 | 688 166,794 | 217 687,450 |
| 6 | 687 793,892 | 218 222,396 |
| 7 | 670 114,550 | 210 352,240 |
| 8 | 671 385,380 | 187 654,319 |
| between points 8 and 9 the boundary follows the state border |
| 9 | 692 809,520 | 188 037,310 |

1.

The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the towns and municipalities of Międzyzdroje, Wolin and Dziwnów and the town of Świnoujście in Zachodniopomorskie Province, and within the adjacent territorial sea area, the boundaries of which are defined by lines joining points (1 to 9) having the following coordinates in the PL-1992 coordinate system:

No

Coordinates

X

Y

1

691 055,170

219 674,190

2

689 227,432

218 860,552

3

689 623,617

217 553,473

4

689 290,526

217 087,737

5

688 166,794

217 687,450

6

687 793,892

218 222,396

7

670 114,550

210 352,240

8

671 385,380

187 654,319

between points 8 and 9 the boundary follows the state border

9

692 809,520

188 037,310

excluding an area whose boundaries are defined by lines joining points (1-13) having the following coordinates in the PL-1992 coordinate system:

| No | Coordinates |
| --- | --- |
| X | Y |
| 1 | 683 138,110 | 200 422,060 |
| 2 | 681 684,100 | 200 077,420 |
| 3 | 680 280,860 | 198 531,930 |
| 4 | 680 274,370 | 198 132,300 |
| 5 | 679 655,670 | 195 452,370 |
| 6 | 679 964,720 | 193 611,060 |
| 7 | 681 966,100 | 193 765,850 |
| between points 7 and 8 the boundary follows the Baltic Sea coastline |
| 8 | 682 371,790 | 198 051,360 |
| 9 | 682 483,243 | 198 010,585 |
| 10 | 683 105,563 | 199 658,967 |
| 11 | 683 020,100 | 199 686,937 |
| 12 | 683 002,942 | 199 691,398 |
| between points 12 and 13 the boundary follows the Baltic Sea coastline |
| 13 | 683 210,446 | 200 143,119 |

No

Coordinates

X

Y

1

683 138,110

200 422,060

2

681 684,100

200 077,420

3

680 280,860

198 531,930

4

680 274,370

198 132,300

5

679 655,670

195 452,370

6

679 964,720

193 611,060

7

681 966,100

193 765,850

between points 7 and 8 the boundary follows the Baltic Sea coastline

8

682 371,790

198 051,360

9

682 483,243

198 010,585

10

683 105,563

199 658,967

11

683 020,100

199 686,937

12

683 002,942

199 691,398

between points 12 and 13 the boundary follows the Baltic Sea coastline

13

683 210,446

200 143,119

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and beneath by the floor of Permian formations, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Wolin’ area within one year from the date of the agreement establishing the mining usufruct rights.

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

2.

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

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






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

3.

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

1)

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

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

2)

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

| 4. | The surface area of the vertical projection of the area described above is 593,01 km2. |
| --- | --- |

4.

The surface area of the vertical projection of the area described above is 593,01 km2.

Section 2

| 1. | The agreement establishing mining usufruct rights shall take effect on the date on which the concession is obtained. |
| --- | --- |

1.

The agreement establishing mining usufruct rights shall take effect on the date on which the concession is obtained.

| 2. | The mining usufruct rights shall be established for a period of 10 years, including five years for the prospection and exploration phase and five years for the extraction phase, subject to the provisions of Section 9. |
| --- | --- |

2.

The mining usufruct rights shall be established for a period of 10 years, including five years for the prospection and exploration phase and five years for the extraction phase, subject to the provisions of Section 9.

| 3. | The mining usufruct rights shall expire on the date on which the concession is terminated. |
| --- | --- |

3.

The mining usufruct rights shall expire on the date on which the concession is terminated.

Section 3

| 1. | The mining usufruct rights entitle the Holder of Mining Usufruct Rights to use the area specified in Section 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Wolin’ area, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2015, item 196, as amended), hereinafter referred to as the ‘Geological and Mining Law Act’, and decisions issued pursuant thereto. During the prospection and exploration phase, the Holder of Mining Usufruct Rights may develop the minerals being explored only to the extent necessary to draw up geological and investment documentation. |
| --- | --- |

1.

The mining usufruct rights entitle the Holder of Mining Usufruct Rights to use the area specified in Section 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Wolin’ area, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2015, item 196, as amended), hereinafter referred to as the ‘Geological and Mining Law Act’, and decisions issued pursuant thereto. During the prospection and exploration phase, the Holder of Mining Usufruct Rights may develop the minerals being explored only to the extent necessary to draw up geological and investment documentation.

| 2. | The Holder of Mining Usufruct Rights undertakes to notify the State Treasury in writing of any changes resulting in a change of name or organisational form, changes in registration and identification numbers or increases or reductions in share capital, of the transfer of the concession to another entity by operation of law, the filing of a bankruptcy petition, the declaration of bankruptcy, the initiation of arrangement proceedings or the initiation of liquidation proceedings. The State Treasury may require that the necessary explanations be provided in such cases. Notification shall take place within 30 days from the date on which the circumstances referred to above occur. |
| --- | --- |

2.

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

Section 4

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

Section 5

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

Section 6

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






  (a) | PLN ... (amount) (in words: ... zlotys) for the first year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct; |
| --- | --- | --- |

1.

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

(a)

PLN ... (amount) (in words: ... zlotys) for the first year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct;

| (b) | PLN ... (amount) (in words: ... zlotys) for the second year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct; |
| --- | --- |

(b)

PLN ... (amount) (in words: ... zlotys) for the second year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct;

| (c) | PLN ... (amount) (in words: ... zlotys) for the third year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct; |
| --- | --- |

(c)

PLN ... (amount) (in words: ... zlotys) for the third year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct;

| (d) | PLN ... (amount) (in words: ... zlotys) for the fourth year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct; |
| --- | --- |

(d)

PLN ... (amount) (in words: ... zlotys) for the fourth year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct;

| (e) | PLN ... (amount) (in words: ... zlotys) for the fifth year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct |
| --- | --- |

(e)

PLN ... (amount) (in words: ... zlotys) for the fifth year of usufruct, starting from the date on which the agreement took effect, within 30 days from the beginning of that year of mining usufruct

— subject to the provisions of paragraph 2.

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

2.

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

| 3. | The fee specified in paragraph 1 shall be indexed to average annual consumer price indices set for the period from the conclusion of this agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette of the Republic of Poland). |
| --- | --- |

3.

The fee specified in paragraph 1 shall be indexed to average annual consumer price indices set for the period from the conclusion of this agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Monitor Polski (Official Gazette of the Republic of Poland).

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

4.

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

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

5.

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

| 6. | If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the agreement before the time limit specified in Section 2(1) and (2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 9(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 2(1) and (2), taking into account indexation for the year preceding the termination of the agreement. The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits. |
| --- | --- |

6.

If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the agreement before the time limit specified in Section 2(1) and (2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 9(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 2(1) and (2), taking into account indexation for the year preceding the termination of the agreement. The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw Branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, for the establishment of mining usufruct rights in connection with a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Wolin’ area.
  The date of payment shall be the date on which the funds are credited to the State Treasury's account. |
| --- | --- |

7.

The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw Branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, for the establishment of mining usufruct rights in connection with a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Wolin’ area.

The date of payment shall be the date on which the funds are credited to the State Treasury's account.

| 8. | The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended to the effect that the activities which are the subject of this agreement are subject to taxation, the amount of the fee shall be increased by the amount of tax due. |
| --- | --- |

8.

The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended to the effect that the activities which are the subject of this agreement are subject to taxation, the amount of the fee shall be increased by the amount of tax due.

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

9.

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

| 10. | The Holder of Mining Usufruct Rights shall send copies of proof of payment of the fee referred to in paragraph 1 to the State Treasury within seven days from the date of payment of the fee for the establishment of the mining usufruct rights. |
| --- | --- |

10.

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

Section 7

After the Holder of Mining Usufruct Rights obtains an investment decision specifying the conditions for the extraction of oil and natural gas, the parties shall, within 30 days from the date of that decision, sign an annex to this agreement specifying the conditions for the implementation of the agreement during the extraction phase.

Section 8

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

Section 9

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

1.

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

| 2. | If the agreement is terminated for the reasons specified in paragraph 1, the Holder of Mining Usufruct Rights shall pay the State Treasury a contractual penalty of 25 % of the fee for the entire usufruct period specified in Section 2(1) and (2), subject to indexation for the year preceding the year in which the agreement was terminated. |
| --- | --- |

2.

If the agreement is terminated for the reasons specified in paragraph 1, the Holder of Mining Usufruct Rights shall pay the State Treasury a contractual penalty of 25 % of the fee for the entire usufruct period specified in Section 2(1) and (2), subject to indexation for the year preceding the year in which the agreement was terminated.

| 3. | If the Holder of Mining Usufruct Rights delays payment of the fee by more than seven days beyond the deadlines specified in Section 6(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within seven days from the receipt of the request, failing which the agreement will be terminated with immediate effect. |
| --- | --- |

3.

If the Holder of Mining Usufruct Rights delays payment of the fee by more than seven days beyond the deadlines specified in Section 6(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within seven days from the receipt of the request, failing which the agreement will be terminated with immediate effect.

| 4. | The State Treasury may terminate the agreement in whole or in part by giving 30 days' notice, effective at the end of the calendar month, if the Holder of Mining Usufruct Rights does not inform the State Treasury of the circumstances referred to in Section 3(2) within 30 days from their occurrence. |
| --- | --- |

4.

The State Treasury may terminate the agreement in whole or in part by giving 30 days' notice, effective at the end of the calendar month, if the Holder of Mining Usufruct Rights does not inform the State Treasury of the circumstances referred to in Section 3(2) within 30 days from their occurrence.

| 5. | The Holder of Mining Usufruct Rights shall be bound by the agreement until the date on which the concession is terminated and may not terminate the agreement. |
| --- | --- |

5.

The Holder of Mining Usufruct Rights shall be bound by the agreement until the date on which the concession is terminated and may not terminate the agreement.

| 6. | The agreement shall be terminated in writing, failing which the termination shall not be valid. |
| --- | --- |

6.

The agreement shall be terminated in writing, failing which the termination shall not be valid.

| 7. | The parties agree that if the State Treasury terminates the agreement, the fee paid for the mining usufruct rights, referred to in Section 6(1), shall not be reimbursed. |
| --- | --- |

7.

The parties agree that if the State Treasury terminates the agreement, the fee paid for the mining usufruct rights, referred to in Section 6(1), shall not be reimbursed.

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

8.

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

Section 10

In the event of force majeure, the parties shall immediately make every effort to agree on a course of action. ‘Force majeure’ shall be understood as an unexpected event which directly affects the Holder of Mining Usufruct Rights, prevents the performance of the activities to which the agreement relates and cannot be predicted or avoided.

Section 11

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

Section 12

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

Section 13

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

Section 14

In matters not governed by the agreement, the provisions of the Geological and Mining Law Act and of the Civil Code, in particular those relating to leases, shall apply.

Section 15

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

Section 16

Amendments to the agreement shall be made in writing, failing which they shall not be valid.

Section 17

This agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the Minister for the Environment).

State Treasury

Holder of Mining Usufruct Rights

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 8.10.2016 | EN | Official Journal of the European Union | C 370/15 |
| --- | --- | --- | --- |

8.10.2016

EN

Official Journal of the European Union

C 370/15

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Prior notification of a concentration

(Case M.8162 — Daimler/Athlon Car Lease International)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 370/04)

| 1. | On 29 September 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Mercedes-Benz Financial Services Nederland BV, a wholly-owned subsidiary of Mercedes-Benz Nederland BV, which is in turn a wholly-owned subsidiary of Daimler AG (‘Daimler’ of Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Athlon Car Lease International BV (‘Athlon’ of the Netherlands), by way of purchase of shares. |
| --- | --- |

1.

On 29 September 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Mercedes-Benz Financial Services Nederland BV, a wholly-owned subsidiary of Mercedes-Benz Nederland BV, which is in turn a wholly-owned subsidiary of Daimler AG (‘Daimler’ of Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Athlon Car Lease International BV (‘Athlon’ of the Netherlands), by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Daimler: development, manufacturing and sale of passenger cars and commercial vehicles, as well as provision of automotive financial services, including financing, leasing, insurance and fleet management,
  —   for Athlon: car leasing and mobility services. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Daimler: development, manufacturing and sale of passenger cars and commercial vehicles, as well as provision of automotive financial services, including financing, leasing, insurance and fleet management,

—   for Athlon: car leasing and mobility services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8162 — Daimler/Athlon Car Lease International, 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 M.8162 — Daimler/Athlon Car Lease International, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

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| 8.10.2016 | EN | Official Journal of the European Union | C 370/16 |
| --- | --- | --- | --- |

8.10.2016

EN

Official Journal of the European Union

C 370/16

---

Prior notification of a concentration

(Case M.8120 — Hapag-Lloyd/United Arab Shipping Company)

(Text with EEA relevance)

(2016/C 370/05)

| 1. | On 3 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hapag-Lloyd AG (‘HL AG’, of Germany), which is jointly controlled by CSAV, of Chile, the Hamburger Gesellschaft für Vermögens- und Beteiligungsmanagement mbH, of Germany, and Kühne Maritime GmbH, of Germany, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of United Arab Shipping Company S.A.G. (‘UASC’, of the UAE) by way of purchase of shares. |
| --- | --- |

1.

On 3 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hapag-Lloyd AG (‘HL AG’, of Germany), which is jointly controlled by CSAV, of Chile, the Hamburger Gesellschaft für Vermögens- und Beteiligungsmanagement mbH, of Germany, and Kühne Maritime GmbH, of Germany, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of United Arab Shipping Company S.A.G. (‘UASC’, of the UAE) by way of purchase of shares.

| 2. | Both HL AG and UASC provide global container liner shipping services and HL AG also offers, to a limited extent, terminal services. |
| --- | --- |

2.

Both HL AG and UASC provide global container liner shipping services and HL AG also offers, to a limited extent, terminal services.

| 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 M.8120 — Hapag-Lloyd/United Arab Shipping Company, 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 M.8120 — Hapag-Lloyd/United Arab Shipping Company, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

---

| 8.10.2016 | EN | Official Journal of the European Union | C 370/17 |
| --- | --- | --- | --- |

8.10.2016

EN

Official Journal of the European Union

C 370/17

---

Prior notification of a concentration

(Case M.8060 — Abbott Laboratories/St. Jude Medical)

(Text with EEA relevance)

(2016/C 370/06)

| 1. | On 3 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Abbott Laboratories (USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of St. Jude Medical, Inc. (USA) by way of purchase of shares. |
| --- | --- |

1.

On 3 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Abbott Laboratories (USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of St. Jude Medical, Inc. (USA) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   Abbott Laboratories: research, development, manufacture and supply of a diversified range of health care products, such as nutritional products, medical devices, diagnostic products and pharmaceutical products,
  —   St. Jude Medical, Inc.: research, development, manufacture and supply of medical devices, such as cardiac rhythm, heart failure, cardiovascular, atrial fibrillation and neuromodulation products. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   Abbott Laboratories: research, development, manufacture and supply of a diversified range of health care products, such as nutritional products, medical devices, diagnostic products and pharmaceutical products,

—   St. Jude Medical, Inc.: research, development, manufacture and supply of medical devices, such as cardiac rhythm, heart failure, cardiovascular, atrial fibrillation and neuromodulation products.

| 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 M.8060 — Abbott Laboratories/St. Jude Medical, 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 M.8060 — Abbott Laboratories/St. Jude Medical, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

---