# Official Journal C 105/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 105 |
| | |
| English edition | Information and Notices | Volume 6219 March 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 105

English edition

Information and Notices

Volume 6219 March 2019

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| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM MEMBER STATES |
| 2019/C 105/01 | 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 | 1 |
| 2019/C 105/02 | 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 | 12 |
| 2019/C 105/03 | 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 | 24 |
| 2019/C 105/04 | 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 | 37 |
| 2019/C 105/05 | 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 | 51 |
| 2019/C 105/06 | 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 | 63 |
| 2019/C 105/07 | Communication from the Government of the Republic of Poland concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 76 |

Contents

page

IV   Notices

NOTICES FROM MEMBER STATES

2019/C 105/01

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

1

2019/C 105/02

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

12

2019/C 105/03

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

24

2019/C 105/04

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

37

2019/C 105/05

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

51

2019/C 105/06

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

63

2019/C 105/07

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

76

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

EN

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IV Notices

NOTICES FROM MEMBER STATES

| 19.3.2019 | EN | Official Journal of the European Union | C 105/1 |
| --- | --- | --- | --- |

19.3.2019

EN

Official Journal of the European Union

C 105/1

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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

(2019/C 105/01)

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 ‘Rudnik-Lipiny’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended) |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

Name: Ministry of the Environment

Postal address: ul. Wawelska 52/54

00-922 Warszawa

POLSKA/POLAND

Tel. +48 22 3692449

Fax +48 22 3692460

Website: www.gov.pl/web/srodowisko

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 ‘Rudnik-Lipiny’ area, part of concession blocks Nos 377 and 378.

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 | 285 035,36 | 748 784,83 |
| 2 | 281 231,41 | 746 174,26 |
| 3 | 290 515,93 | 731 031,84 |
| 4 | 282 871,88 | 713 244,88 |
| 5 | 296 844,62 | 712 680,85 |
| 6 | 298 901,16 | 758 424,19 |

Point No

X [PL-1992]

Y [PL-1992]

1

285 035,36

748 784,83

2

281 231,41

746 174,26

3

290 515,93

731 031,84

4

282 871,88

713 244,88

5

296 844,62

712 680,85

6

298 901,16

758 424,19

The surface area of the vertical projection of the area covered by this bidding procedure is 480,45 km2.

The area covered by the bidding procedure is located in the following

| — | municipalities: Biszcza, Biłgoraj and Potok Górny, in Lubelskie Province; and |
| --- | --- |

—

municipalities: Biszcza, Biłgoraj and Potok Górny, in Lubelskie Province; and

| — | municipalities: Kuryłówka, Harasiuki, Jeżowe, Krzeszów and Bojanów, |
| --- | --- |

—

municipalities: Kuryłówka, Harasiuki, Jeżowe, Krzeszów and Bojanów,

| — | urban/rural municipalities: Nisko, Ulanów and Rudnik nad Sanem, in Podkarpackie Province. |
| --- | --- |

—

urban/rural municipalities: Nisko, Ulanów and Rudnik nad Sanem, in Podkarpackie Province.

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

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

Bids must be submitted to the headquarters of the Ministry of the Environment no later than 12:00 CET/CEST on the last day of the 121-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | — | 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 20 % | — | scope and schedule 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 schedule 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

20 %

—

scope and schedule 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 schedule 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: Rudnik-Lipiny
  location: onshore; concession blocks Nos 377 and 378 |
| --- | --- |
| Type of deposit | conventional oil and natural gas deposits |
| Structural levels | Precambrian
  Lower Palaeozoic
  Miocene |
| Petroleum systems | I — conventional |
| Source rocks | I — fine-grained Miocene clastics |
| Reservoir rocks | I — Miocene sands and sandstones (Upper Badenian and Sarmatian) |
| Seal rocks | I — fine-grained Miocene clastics |
| Thickness of overburden | I — 240 m |
| Trap type | I — structural, stratigraphic, lithological |
| Deposits identified in the vicinity (NG — natural gas; O — oil) | Biszcza (NG) - production in 2016: 6 420 000 m3 natural gas; balance sheet reserves and resources in 2016: 116 930 000 m3 natural gas; industrial resources in 2016: 83 860 000 m3 natural gas
  Jeżowe NW (NG) - production in 2016: 750 000 m3 natural gas; balance sheet reserves and resources in 2016: 13 840 000 m3 natural gas; industrial resources in 2016: 10 150 000 m3 natural gas
  Księżpol (NG) - production in 2016: 4 060 000 m3 natural gas; balance sheet reserves and resources in 2016: 222 180 000 m3 natural gas; industrial resources in 2016: 13 030 000 m3 natural gas
  Żołynia-Leżajsk (NG) - production in 2016: 32 640 000 m3 natural gas; balance sheet reserves and resources in 2016: 554 110 000 m3 natural gas; industrial resources in 2016: 60 300 000 m3 natural gas |
| Seismic surveys completed (rightholder) | 1975 — Tarnogród-Lubaczów, 1 profile (State Treasury)
  1979 — Sokołów-Leżajsk-Przeworsk, 1 profile (State Treasury)
  1984 — Krzeszów-Biłgoraj, 10 profiles (State Treasury)
  1985 — Sokołów, 9 profiles (State Treasury)
  1989 — Krzeszów-Lubaczów-Kalników, 4 profiles (PGNiG S.A.)
  1995 — Sieniawa-Tarnogród-Wielkie Oczy, 1 profile (PGNiG S.A.)
  2000 — Krzeszów-Bystre, 16 profiles (PGNiG S.A.)
  2003 — Nowa Dęba-Kamień, 16 profiles (State Treasury)
  2006 — Nowosielec-Jata-Chałupki-Tryńcza, 22 profiles (State Treasury) |
| Benchmark wells (MD) | Bystre 1 (1 214,0 m)
  Bystre 2 (1 148,0 m)
  Kończyce 1 (738,0 m)
  Krzeszów 1 (1 048,0 m)
  Krzeszów 3 (871,7 m)
  Krzeszów 4 (797,0 m)
  Lipiny 1 (1 137,0 m)
  Lipiny 2 (1 143,0 m)
  Lipiny Górne 1 (976,0 m)
  Nowa Wieś 1 (1 030,0 m)
  Nowa Wieś 2 (1 073,0 m)
  Nowosielec 1 (675,0 m)
  Rudnik 2 (960,4 m)
  Rudnik 3 (872,1 m)
  Rudnik 4 (980,0 m)
  Sieraków Nowy 1 (877,0 m) |

Concession data

name of area: Rudnik-Lipiny

location: onshore; concession blocks Nos 377 and 378

Type of deposit

conventional oil and natural gas deposits

Structural levels

Precambrian

Lower Palaeozoic

Miocene

Petroleum systems

I — conventional

Source rocks

I — fine-grained Miocene clastics

Reservoir rocks

I — Miocene sands and sandstones (Upper Badenian and Sarmatian)

Seal rocks

I — fine-grained Miocene clastics

Thickness of overburden

I — 240 m

Trap type

I — structural, stratigraphic, lithological

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

Biszcza (NG) - production in 2016: 6 420 000 m3 natural gas; balance sheet reserves and resources in 2016: 116 930 000 m3 natural gas; industrial resources in 2016: 83 860 000 m3 natural gas

Jeżowe NW (NG) - production in 2016: 750 000 m3 natural gas; balance sheet reserves and resources in 2016: 13 840 000 m3 natural gas; industrial resources in 2016: 10 150 000 m3 natural gas

Księżpol (NG) - production in 2016: 4 060 000 m3 natural gas; balance sheet reserves and resources in 2016: 222 180 000 m3 natural gas; industrial resources in 2016: 13 030 000 m3 natural gas

Żołynia-Leżajsk (NG) - production in 2016: 32 640 000 m3 natural gas; balance sheet reserves and resources in 2016: 554 110 000 m3 natural gas; industrial resources in 2016: 60 300 000 m3 natural gas

Seismic surveys completed (rightholder)

1975 — Tarnogród-Lubaczów, 1 profile (State Treasury)

1979 — Sokołów-Leżajsk-Przeworsk, 1 profile (State Treasury)

1984 — Krzeszów-Biłgoraj, 10 profiles (State Treasury)

1985 — Sokołów, 9 profiles (State Treasury)

1989 — Krzeszów-Lubaczów-Kalników, 4 profiles (PGNiG S.A.)

1995 — Sieniawa-Tarnogród-Wielkie Oczy, 1 profile (PGNiG S.A.)

2000 — Krzeszów-Bystre, 16 profiles (PGNiG S.A.)

2003 — Nowa Dęba-Kamień, 16 profiles (State Treasury)

2006 — Nowosielec-Jata-Chałupki-Tryńcza, 22 profiles (State Treasury)

Benchmark wells (MD)

Bystre 1 (1 214,0 m)

Bystre 2 (1 148,0 m)

Kończyce 1 (738,0 m)

Krzeszów 1 (1 048,0 m)

Krzeszów 3 (871,7 m)

Krzeszów 4 (797,0 m)

Lipiny 1 (1 137,0 m)

Lipiny 2 (1 143,0 m)

Lipiny Górne 1 (976,0 m)

Nowa Wieś 1 (1 030,0 m)

Nowa Wieś 2 (1 073,0 m)

Nowosielec 1 (675,0 m)

Rudnik 2 (960,4 m)

Rudnik 3 (872,1 m)

Rudnik 4 (980,0 m)

Sieraków Nowy 1 (877,0 m)

6.   Commencement date of activities

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

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

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

| — | Phase I (12 months): analysing and interpreting archival geological data; |
| --- | --- |

—

Phase I (12 months): analysing and interpreting archival geological data;

| — | Phase II (12 months): geophysical surveys — 2D seismic test (50 km excitation line) or 3D seismic test (25 km2 excitation area); |
| --- | --- |

—

Phase II (12 months): geophysical surveys — 2D seismic test (50 km excitation line) or 3D seismic test (25 km2 excitation area);

| — | Phase III (24 months): drilling 1 (one) prospective borehole with a maximum depth of 1 300 m, with mandatory coring of intervals; |
| --- | --- |

—

Phase III (24 months): drilling 1 (one) prospective borehole with a maximum depth of 1 300 m, with mandatory coring of intervals;

| — | Phase IV (12 months): analysing the geological data obtained. |
| --- | --- |

—

Phase IV (12 months): analysing the geological data obtained.

8.   Period for which the concession is to be granted

The concession period is 30 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 of 25 years' duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

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

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

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

10.   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

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

The minimum amount of the fee for establishing mining usufruct rights for the ‘Rudnik-Lipiny’ area during the five-year base period is PLN 105 194,53 (in words: one hundred and five thousand, one hundred and ninety-four zlotys and fifty-three 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 Polish Official Gazette (Monitor Polski) (Article 49h(3)(12) of the Geological and Mining Law Act).

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

| 1. | Bids should specify:






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

1.

1)

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

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

2)

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

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

3)

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

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

4)

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

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

5)

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

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

6)

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

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

7)

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

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

8)

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

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

9)

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

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

10)

the scope of the geological information available to the bidder;

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

11)

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

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

12)

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

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

13)

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

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

14)

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

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

15)

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

| 16) | 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 geological works, including geological operations, proposed in the cooperation agreement. |
| --- | --- |

(c)

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

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

2.

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






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

3.

1)

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

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

2)

proof that a deposit has been lodged;

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

3)

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

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

4)

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

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

5)

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

| 6) | two copies of 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.

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

5.

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

6.

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

7.

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

8.

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

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

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Further clarifications

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Public Information Bulletin (Biuletyn Informacji Publicznej), 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 Geological Data Pack (Pakiet danych geologicznych), which is available on the Ministry of the Environment website (www.gov.pl/web/srodowisko) and from the

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

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

Ministry of the Environment

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

Fax +48 223692460

---

ANNEX

AGREEMENT

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

concluded at Warsaw on ... 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 69 of 12 June 2017, hereinafter referred to as ‘the State Treasury’,

and

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

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

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Biszcza, Biłgoraj and Potok Górny in Lubelskie Province, and the municipalities of Kuryłówka, Harasiuki, Jeżowe, Krzeszów and Bojanów and the urban/rural municipalities of Nisko, Ulanów and Rudnik nad Sanem in Podkarpackie Province, the boundaries of which are defined by lines joining points (1) to (6) having the following coordinates in the PL-1992 coordinate system:







  No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 285 035,36 | 748 784,83 |
| 2 | 281 231,41 | 746 174,26 |
| 3 | 290 515,93 | 731 031,84 |
| 4 | 282 871,88 | 713 244,88 |
| 5 | 296 844,62 | 712 680,85 |
| 6 | 298 901,16 | 758 424,19 |

1.

No

X [PL-1992]

Y [PL-1992]

1

285 035,36

748 784,83

2

281 231,41

746 174,26

3

290 515,93

731 031,84

4

282 871,88

713 244,88

5

296 844,62

712 680,85

6

298 901,16

758 424,19

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 1 300 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Rudnik-Lipiny’ area within one year from the date of the Agreement being concluded.

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

2.

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






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

3.

1)

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

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

2)

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

| 4. | The surface area of the vertical projection of the area described above is 480,45 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

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

Section 3

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

1.

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

2.

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

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

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

3.

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

4.

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

5.

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

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Rudnik-Lipiny’ area’.
  The date of payment shall be the date on which the State Treasury's account is credited. |
| --- | --- |

7.

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

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

8.

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

9.

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

10.

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

11.

Section 8

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

1.

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

2.

Section 9

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

Section 10

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

Section 11

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






  1. | State Treasury:
  Ministerstwo Środowiska [Ministry of the Environment], ul. Wawelska 52/54, 00-922 Warsaw, Poland; |
| --- | --- | --- |

1.

1.

State Treasury:

Ministerstwo Środowiska [Ministry of the Environment], ul. Wawelska 52/54, 00-922 Warsaw, Poland;

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

2.

Holder of Mining Usufruct Rights:

(address).

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

2.

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

3.

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

4.

Section 12

| 1. | Section 12 The Parties shall not be liable for failure to comply with obligations under the Agreement resulting from force majeure if it can be proven that damage caused by force majeure influenced the failure to comply with the obligations. ‘Force majeure’ shall mean an external event that the Parties could not have predicted or prevented that makes it impossible for the Agreement to be implemented in whole or in part, permanently or for a given period, which a Party could not have counteracted by exercising due diligence and which did not result from errors or negligence on the part of the Party affected by it. |
| --- | --- |

1.

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

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

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

Section 17

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

Section 18

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

Section 19

Section 19 The Agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the Minister for the Environment).

State Treasury

Holder of Mining Usufruct Rights

---

| 19.3.2019 | EN | Official Journal of the European Union | C 105/12 |
| --- | --- | --- | --- |

19.3.2019

EN

Official Journal of the European Union

C 105/12

---

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

(2019/C 105/02)

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 ‘Proszowice W’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended) |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

Name: Ministry of the Environment

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

Tel. +48 223692449

fax +48 223692460

Website: www.gov.pl/web/srodowisko

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 ‘Proszowice W’ area, part of concession blocks Nos 373 and 393.

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 | 272 376,78 | 574 905,78 |
| 2 | 284 288,24 | 596 762,37 |
| 3 | 284 356,69 | 606 350,72 |
| 4 | 265 797,37 | 606 784,68 |
| 5 | 256 877,58 | 606 993,25 |
| 6 | 256 866,90 | 601 531,16 |
| 7 | 265 972,20 | 601 470,88 |
| 8 | 265 785,26 | 594 508,99 |
| 9 | 256 792,10 | 594 610,49 |
| 10 | 256 861,67 | 598 860,04 |
| 11 | 251 837,13 | 598 803,24 |
| 12 | 245 959,17 | 604 332,29 |
| 13 | 240 684,94 | 604 381,02 |
| 14 | 240 244,08 | 603 139,26 |
| 15 | 238 495,59 | 597 181,46 |
| 16 | 238 239,18 | 593 185,13 |
| 17 | 237 832,04 | 581 113,94 |
| 18 | 245 049,27 | 580 870,51 |
| 19 | 254 016,45 | 575 181,98 |

Point No

X [PL-1992]

Y [PL-1992]

1

272 376,78

574 905,78

2

284 288,24

596 762,37

3

284 356,69

606 350,72

4

265 797,37

606 784,68

5

256 877,58

606 993,25

6

256 866,90

601 531,16

7

265 972,20

601 470,88

8

265 785,26

594 508,99

9

256 792,10

594 610,49

10

256 861,67

598 860,04

11

251 837,13

598 803,24

12

245 959,17

604 332,29

13

240 684,94

604 381,02

14

240 244,08

603 139,26

15

238 495,59

597 181,46

16

238 239,18

593 185,13

17

237 832,04

581 113,94

18

245 049,27

580 870,51

19

254 016,45

575 181,98

The surface area of the vertical projection of the area covered by this bidding procedure is 1 103,50 km2.

The area covered by the bidding procedure is located in the following:

| — | municipalities: Racławice, Słaboszów, Koszyce, Pałecznica, Radziemice, Koniusza, Bochnia, Drwina, Igłomia-Wawrzeńczyce, Kocmyrzów-Luborzyca and Michałowice; |
| --- | --- |

—

municipalities: Racławice, Słaboszów, Koszyce, Pałecznica, Radziemice, Koniusza, Bochnia, Drwina, Igłomia-Wawrzeńczyce, Kocmyrzów-Luborzyca and Michałowice;

| — | urban/rural municipalities: Miechów, Proszowice, Nowe Brzesko, Niepołomice, Kłaj, Wieliczka and Słomniki, and the city of Kraków in Małopolskie Province, and in the following; |
| --- | --- |

—

urban/rural municipalities: Miechów, Proszowice, Nowe Brzesko, Niepołomice, Kłaj, Wieliczka and Słomniki, and the city of Kraków in Małopolskie Province, and in the following;

| — | municipalities: Czarnocin, Michałów and Złota; |
| --- | --- |

—

municipalities: Czarnocin, Michałów and Złota;

| — | urban/rural municipalities: Skalbmierz, Kazimierza Wielka, Pinczów and Działoszyce in Świętokrzyskie Province. |
| --- | --- |

—

urban/rural municipalities: Skalbmierz, Kazimierza Wielka, Pinczów and Działoszyce in Świętokrzyskie Province.

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

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

Bids must be submitted to the headquarters of the Ministry of the Environment no later than 12:00 CET/CEST on the last day of the 121-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | — | 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 20 % | — | scope and schedule 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 schedule 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

20 %

—

scope and schedule 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 schedule 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: Proszowice W
  location: onshore; concession blocks Nos 373 and 393 |
| --- | --- |
| Type of deposit | conventional oil and natural gas deposits |
| Structural levels | Cenozoic
  Mesozoic
  Palaeozoic |
| Petroleum systems | I — palaeozoic-mesozoic |
| Source rocks | I — rocks of the Ordovician, Silurian, Devonian, Carboniferous and Middle Jurassic |
| Reservoir rocks | I — Cenomanian glauconitic sandstones (Upper Cretaceous) and litho-Rauracian detrital limestone (Upper Jurassic, lower division of Upper Oxfordian) |
| Seal rocks | I — Senonian marl (upper division of Upper Cretaceous) and formations of the Carpathian Foredeep (Cracovian strata) |
| Thickness of overburden | I — 350-750 m |
| Trap type | structural |
| Deposits identified in the vicinity (NG — natural gas; O — oil) | Pławowice (O) — production in 2016: 4 760 tonnes; balance-sheet reserves and resources in 2016: 82 640 tonnes; industrial reserves in 2016: 15 080 tonnes
  Grobla (O) — production in 2016: 4 280 tonnes; reserves and resources in 2016: 39 600 tonnes; industrial reserves in 2016: 14 450 tonnes
  Mniszów (O) — not exploited
  Dąbrówka (NG) — production in 2016: 2 680 000 m3; balance-sheet reserves and resources in 2016: 25 880 000 m3; industrial reserves in 2016: 4 830 000 m3

  Grądy Bocheńskie (NG) - production in 2016: —; balance-sheet reserves and resources in 2016: —; industrial reserves in 2016: —
  Rajsko (NG) — production in 2016: 6 240 000 m3; balance-sheet reserves and resources in 2016: 129 410 000 m3; industrial reserves in 2016: 41 410 000 m3

  Rylowa (NG) — production in 2016: 26 420 000 m3; balance-sheet reserves and resources in 2016: 424 320 000 m3; industrial reserves in 2016: 120 940 000 m3

  Rysie (NG) — production in 2016: 450 000 m3; balance-sheet reserves and resources in 2016: 15 010 000 m3; industrial reserves in 2016: 990 000 m3

  Szczepanów (NG) — production in 2016: 5 880 000 m3; balance-sheet reserves and resources in 2016: 191 420 000 m3; industrial reserves in 2016: 101 080 000 m3 |
| Seismic surveys completed (rightholder) | 1975 Kazimierza Wielka-Dąbrowa Tarnowska 2D (State Treasury)
  1977-1978 Bochnia-Czchów-Pilzno 2D (State Treasury)
  1987-1988 Kazimierza Wielka-Pińczów-Nowy Korczyn 2D (State Treasury)
  1987-1988 Niepołomice-Gdów-Myślenice 2D (State Treasury)
  1989-1990 Kazimierza Wielka-Pińczów-Nowy Korczyn 2D (PGNiG)
  1991-1993 Słomniki-Pińczów 2D (PGNiG)
  1993 Liplas-Grobla-Żukowice 2D (PGNiG)
  2003 Puszcza-Krzeczów-Borek 2D (State Treasury) |
| Benchmark wells (MD) | Puszcza 14 (1 642 m)
  Dodów 2 (1 267 m)
  Kózki 1 (800 m) |

Concession data

name of area: Proszowice W

location: onshore; concession blocks Nos 373 and 393

Type of deposit

conventional oil and natural gas deposits

Structural levels

Cenozoic

Mesozoic

Palaeozoic

Petroleum systems

I — palaeozoic-mesozoic

Source rocks

I — rocks of the Ordovician, Silurian, Devonian, Carboniferous and Middle Jurassic

Reservoir rocks

I — Cenomanian glauconitic sandstones (Upper Cretaceous) and litho-Rauracian detrital limestone (Upper Jurassic, lower division of Upper Oxfordian)

Seal rocks

I — Senonian marl (upper division of Upper Cretaceous) and formations of the Carpathian Foredeep (Cracovian strata)

Thickness of overburden

I — 350-750 m

Trap type

structural

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

Pławowice (O) — production in 2016: 4 760 tonnes; balance-sheet reserves and resources in 2016: 82 640 tonnes; industrial reserves in 2016: 15 080 tonnes

Grobla (O) — production in 2016: 4 280 tonnes; reserves and resources in 2016: 39 600 tonnes; industrial reserves in 2016: 14 450 tonnes

Mniszów (O) — not exploited

Dąbrówka (NG) — production in 2016: 2 680 000 m3; balance-sheet reserves and resources in 2016: 25 880 000 m3; industrial reserves in 2016: 4 830 000 m3

Grądy Bocheńskie (NG) - production in 2016: —; balance-sheet reserves and resources in 2016: —; industrial reserves in 2016: —

Rajsko (NG) — production in 2016: 6 240 000 m3; balance-sheet reserves and resources in 2016: 129 410 000 m3; industrial reserves in 2016: 41 410 000 m3

Rylowa (NG) — production in 2016: 26 420 000 m3; balance-sheet reserves and resources in 2016: 424 320 000 m3; industrial reserves in 2016: 120 940 000 m3

Rysie (NG) — production in 2016: 450 000 m3; balance-sheet reserves and resources in 2016: 15 010 000 m3; industrial reserves in 2016: 990 000 m3

Szczepanów (NG) — production in 2016: 5 880 000 m3; balance-sheet reserves and resources in 2016: 191 420 000 m3; industrial reserves in 2016: 101 080 000 m3

Seismic surveys completed (rightholder)

1975 Kazimierza Wielka-Dąbrowa Tarnowska 2D (State Treasury)

1977-1978 Bochnia-Czchów-Pilzno 2D (State Treasury)

1987-1988 Kazimierza Wielka-Pińczów-Nowy Korczyn 2D (State Treasury)

1987-1988 Niepołomice-Gdów-Myślenice 2D (State Treasury)

1989-1990 Kazimierza Wielka-Pińczów-Nowy Korczyn 2D (PGNiG)

1991-1993 Słomniki-Pińczów 2D (PGNiG)

1993 Liplas-Grobla-Żukowice 2D (PGNiG)

2003 Puszcza-Krzeczów-Borek 2D (State Treasury)

Benchmark wells (MD)

Puszcza 14 (1 642 m)

Dodów 2 (1 267 m)

Kózki 1 (800 m)

6)   Commencement date of activities

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

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

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

| — | Phase I (12 months): interpreting and analysing archival geological data; |
| --- | --- |

—

Phase I (12 months): interpreting and analysing archival geological data;

| — | Phase II (12 months): geophysical surveys – 2D seismic test (70 km excitation line) or 3D seismic test (35 km2 excitation area); |
| --- | --- |

—

Phase II (12 months): geophysical surveys – 2D seismic test (70 km excitation line) or 3D seismic test (35 km2 excitation area);

| — | Phase III (24 months): drilling 1 (one) prospection well to a maximum depth of 1 500 m, with mandatory coring of prospective intervals; |
| --- | --- |

—

Phase III (24 months): drilling 1 (one) prospection well to a maximum depth of 1 500 m, with mandatory coring of prospective intervals;

| — | Phase IV (12 months): analysing the geological data obtained. |
| --- | --- |

—

Phase IV (12 months): analysing the geological data obtained.

8)   Period for which the concession is to be granted

The concession period is 30 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 of 25 years' duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

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

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

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

10)   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

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

The minimum amount of the fee for establishing mining usufruct rights for the ‘Proszowice W’ area during the five-year base period is PLN 241 611,33 (in words: two hundred and forty-one thousand, six hundred and eleven zlotys and thirty-three 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 Polish Official Gazette (Monitor Polski) (Article 49h(3)(12) of the Geological and Mining Law Act).

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

| 1. | Bids should specify:






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

1.

1)

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

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

2)

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

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

3)

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

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

4)

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

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

5)

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

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

6)

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

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

7)

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

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

8)

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

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

9)

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

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

10)

the scope of the geological information available to the bidder;

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

11)

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

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

12)

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

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

13)

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

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

14)

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

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

15)

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

| 16) | 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 geological works, including geological operations, proposed in the cooperation agreement. |
| --- | --- |

(c)

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

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

2.

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






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

3.

1)

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

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

2)

proof that a deposit has been lodged;

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

3)

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

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

4)

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

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

5)

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

| 6) | two copies of 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.

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

5.

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

6.

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

7.

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

8.

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

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

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Further clarifications

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Public Information Bulletin (Biuletyn Informacji Publicznej), 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 Geological Data Pack (Pakiecie danych geologicznych), which is available on the Ministry of the Environment (www.gov.pl/web/srodowisko) and from:

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

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

Ministerstwo Środowiska (Ministry of the Environment)

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

fax +48 223692460

---

ANNEX

AGREEMENT

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

concluded at Warsaw on ... 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 69 of 12 June 2017, hereinafter referred to as ‘the State Treasury’,

and

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

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

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Racławice, Słaboszów, Koszyce, Pałecznica, Radziemice, Koniusza, Bochnia, Drwinia, Igołomnia-Wawrzeńczyce, Kocmyrzów-Luborzyca and Michałowice, the urban/rural municipalities of Miechów, Proszowice, Nowe Brzesko, Niepołomice, Kłaj, Wieliczka and Słomniki and the city of Kraków in Małopolskie province, and the municipalities of Czarnocin, Złota and Michałów and the urban/rural municipalities of Skalbmierz, Kazimierza Wielka, Pińczów and Działoszyce in Świętokrzyskie Province, the boundaries of which are defined by lines joining points (1) to (19) having the following coordinates in the PL-1992 coordinate system:







  No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 272 376,78 | 574 905,78 |
| 2 | 284 288,24 | 596 762,37 |
| 3 | 284 356,69 | 606 350,72 |
| 4 | 265 797,37 | 606 784,68 |
| 5 | 256 877,58 | 606 993,25 |
| 6 | 256 866,90 | 601 531,16 |
| 7 | 265 972,20 | 601 470,88 |
| 8 | 265 785,26 | 594 508,99 |
| 9 | 256 792,10 | 594 610,49 |
| 10 | 256 861,67 | 598 860,04 |
| 11 | 251 837,13 | 598 803,24 |
| 12 | 245 959,17 | 604 332,29 |
| 13 | 240 684,94 | 604 381,02 |
| 14 | 240 244,08 | 603 139,26 |
| 15 | 238 495,59 | 597 181,46 |
| 16 | 238 239,18 | 593 185,13 |
| 17 | 237 832,04 | 581 113,94 |
| 18 | 245 049,27 | 580 870,51 |
| 19 | 254 016,45 | 575 181,98 |

1.

No

X [PL-1992]

Y [PL-1992]

1

272 376,78

574 905,78

2

284 288,24

596 762,37

3

284 356,69

606 350,72

4

265 797,37

606 784,68

5

256 877,58

606 993,25

6

256 866,90

601 531,16

7

265 972,20

601 470,88

8

265 785,26

594 508,99

9

256 792,10

594 610,49

10

256 861,67

598 860,04

11

251 837,13

598 803,24

12

245 959,17

604 332,29

13

240 684,94

604 381,02

14

240 244,08

603 139,26

15

238 495,59

597 181,46

16

238 239,18

593 185,13

17

237 832,04

581 113,94

18

245 049,27

580 870,51

19

254 016,45

575 181,98

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 1 500 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Proszowice W’ area within one year from the date of the Agreement being concluded.

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

2.

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






  1. | in Jurassic and Cretaceous formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits; |
| --- | --- | --- |

3.

1.

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

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

2.

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

| 4. | The surface area of the vertical projection of the area described above is 1 103,50 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

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

Section 3

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

1.

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

2.

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

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

a)

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

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

b)

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

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

c)

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

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

d)

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

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

e)

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

subject to the provisions of paragraph 2.

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

2.

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

3.

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

4.

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

5.

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

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘ProszowiceW’ area’.
  The date of payment shall be the date on which the State Treasury's account is credited. |
| --- | --- |

7.

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

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

8.

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

9.

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

10.

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

11.

Section 8

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

1.

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

2.

Section 9

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

Section 10

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

Section 11

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






  1) | State Treasury:
  Ministerstwo Środowiska (Ministry of the Environment), ul. Wawelska 52/54, 00-922 Warsaw, Poland, |
| --- | --- | --- |

1.

1)

State Treasury:

Ministerstwo Środowiska (Ministry of the Environment), ul. Wawelska 52/54, 00-922 Warsaw, Poland,

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

2)

Holder of Mining Usufruct Rights:

(address).

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

2.

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

3.

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

4.

Section 12

| 1. | Section 12 The Parties shall not be liable for failure to comply with obligations under the Agreement resulting from force majeure if it can be proven that damage caused by force majeure influenced the failure to comply with the obligations. ‘Force majeure’ shall mean an external event that the Parties could not have predicted or prevented that makes it impossible for the Agreement to be implemented in whole or in part, permanently or for a given period, which a Party could not have counteracted by exercising due diligence and which did not result from errors or negligence on the part of the Party affected by it. |
| --- | --- |

1.

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

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

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

Section 17

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

Section 18

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

Section 19

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

State Treasury

Holder of Mining Usufruct Rights

---

| 19.3.2019 | EN | Official Journal of the European Union | C 105/24 |
| --- | --- | --- | --- |

19.3.2019

EN

Official Journal of the European Union

C 105/24

---

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

(2019/C 105/03)

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 ‘Leszno’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended) |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

Name: Ministry of the Environment

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

Tel: +48 223692449

fax: +48 223692460

Website: www.gov.pl/web/srodowisko

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 ‘Leszno’ area, parts of concession blocks Nos 225, 226, 245 and 246.

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 | 466 689,56 | 337 158,51 |
| 2 | 466 644,39 | 337 595,47 |
| 3 | 467 081,59 | 338 410,26 |
| 4 | 466 285,50 | 338 174,75 |
| 5 | 466 127,50 | 337 330,79 |
| 6 | 465 569,17 | 337 388,84 |
| 7 | 465 510,41 | 338 244,91 |
| 8 | 464 695,80 | 338 580,80 |
| 9 | 464 592,68 | 338 901,65 |
| 10 | 465 144,25 | 340 978,73 |
| 11 | 464 295,40 | 342 400,98 |
| 12 | 464 475,27 | 342 578,28 |
| 13 | 465 608,94 | 342 132,35 |
| 14 | 461 815,48 | 351 708,88 |
| 15 | 460 228,57 | 355 230,04 |
| 16 | 460 036,44 | 362 017,35 |
| 17 | 458 190,40 | 361 718,22 |
| 18 | 436 498,40 | 361 368,45 |
| 19 | 436 501,63 | 361 242,93 |
| 20 | 436 769,02 | 355 921,34 |
| 21 | 436 798,34 | 355 337,82 |
| 22 | 441 243,48 | 318 392,54 |
| 23 | 459 794,18 | 322 788,02 |
| 24 | 468 260,86 | 335 437,60 |
| 25 | 467 589,23 | 337 133,13 |
| 26 | 467 407,89 | 336 934,21 |

Point No

X [PL-1992]

Y [PL-1992]

1

466 689,56

337 158,51

2

466 644,39

337 595,47

3

467 081,59

338 410,26

4

466 285,50

338 174,75

5

466 127,50

337 330,79

6

465 569,17

337 388,84

7

465 510,41

338 244,91

8

464 695,80

338 580,80

9

464 592,68

338 901,65

10

465 144,25

340 978,73

11

464 295,40

342 400,98

12

464 475,27

342 578,28

13

465 608,94

342 132,35

14

461 815,48

351 708,88

15

460 228,57

355 230,04

16

460 036,44

362 017,35

17

458 190,40

361 718,22

18

436 498,40

361 368,45

19

436 501,63

361 242,93

20

436 769,02

355 921,34

21

436 798,34

355 337,82

22

441 243,48

318 392,54

23

459 794,18

322 788,02

24

468 260,86

335 437,60

25

467 589,23

337 133,13

26

467 407,89

336 934,21

The surface area of the vertical projection of the area covered by this bidding procedure is 1 008,78 km2.

The area covered by the bidding procedure is located in the following

| — | municipalities: Lipno, Włoszakowice, Święciechowa, Krzemieniewo, Przemęt and Kościan, |
| --- | --- |

—

municipalities: Lipno, Włoszakowice, Święciechowa, Krzemieniewo, Przemęt and Kościan,

| — | the urban/rural municipalities of Rydzyna, Osieczna, Gostyń, Krobia, Poniec, Śmigiel and Krzywiń and the town of Leszno in Wielkopolskie Province and |
| --- | --- |

—

the urban/rural municipalities of Rydzyna, Osieczna, Gostyń, Krobia, Poniec, Śmigiel and Krzywiń and the town of Leszno in Wielkopolskie Province and

| — | the urban/rural municipality of Wschowa in Lubuskie Province. |
| --- | --- |

—

the urban/rural municipality of Wschowa in Lubuskie Province.

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

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

Bids must be submitted to the headquarters of the Ministry of the Environment no later than 12:00 CET/CEST on the last day of the 121-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | — | 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 20 % | — | scope and schedule 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 schedule 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

20 %

—

scope and schedule 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 schedule 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: Leszno
  location: onshore; concession blocks 225, 226, 245 and 246 |
| --- | --- |
| Type of deposit | conventional natural gas deposits |
| Structural levels | Carboniferous and Permian |
| Petroleum systems | I — Carboniferous and Rotliegend
  II — Main Dolomite |
| Source rocks | I — Carboniferous mudstones and claystones
  II — interlayers rich in organic matter in the Main Dolomite |
| Reservoir rocks | I — Carboniferous and Rotliegend sandstones, Zechstein limestones
  II — Zechstein limestones and Dolomites |
| Seal rocks | I, II — Zechstein evaporates |
| Thickness of overburden | I — 1 800 -2 400 m
  II — 1 500 -1 800 m |
| Trap type | Structural |
| Deposits identified in the vicinity (NG — natural gas; O — oil) | Żakowo (NG) — discovered in 1965; unexploited; reserves and resources: 2 150 000 000 m3 (industrial: none)
  Kąkolewo (NG) — discovered in 1970; unexploited; reserves and resources: 240 000 000 m3 (industrial: none)
  Brońsko (NG) — discovered in 2001; cumulative production (15 years): 8 702 450 000 m3;
  production in 2016: 782 100 000 m3; reserves and resources: 15 015 660 000 m3 (industrial: 13 615 730 000 m3)
  Kościan S (NG) – discovered in 1995; cumulative production (15 years): 6 939 890 000 m3; production in 2016: 362 150 000 m3; reserves and resources: 3 419 790 000 m3 (industrial: 1 842 790 000 m3) |
| Seismic surveys completed (rightholder) | 1975-1977 Kościan-Gostyń 2D (State Treasury)
  1975-1976 Kościan-Śrem 2D (State Treasury)
  1975 Regional profile 2D (State Treasury)
  1975 Wschowa-Gostyń-Milicz 2D (State Treasury)
  1976 Pre-Sudeten Monocline 2D (State Treasury)
  1976-1979 Nowa Sól-Góra-Milicz 2D (State Treasury)
  1980 Góra-Rawicz 2D (State Treasury)
  1986-1988 Leszno-Rawicz 2D (State Treasury)
  1988 Pogorzela-Krotoszyn 2D (State Treasury)
  1988 Śrem-Gostyń 2D (State Treasury)
  1989 Leszno-Rawicz 2D (PGNiG)
  1989-1990 Nowy Tomyśl-Wolsztyn-Leszno 2D (PGNiG)
  1989 Śrem-Gostyń 2D (PGNiG)
  1990-1992 Sława-Leszno 2D (PGNiG)
  1992 Kościan-Śrem 2D (PGNiG)
  1996 Zbarzewo 3D (PGNiG)
  1997-1999 Kościan-Krobia 2D (PGNiG)
  1998 Kościan-Krzywin 3D (PGNiG)
  1998-1999 Jaraczewo-Pogorzela 2D (PGNiG)
  2012-2013 Frankowo+Tworzanice 3D (State Treasury) |
| Benchmark wells (MD) | Jezierzyce 1 (2 668,0 m),
  Święciechowa 1 (2 776,8 m),
  Święciechowa 2 (2 200,0 m),
  Żakowo 6 (2 216,0 m),
  Górka Duchowna 1 (2 443,0 m, FX Energy)
  offset wells:
  Dąbcze 2 (2 203,7 m),
  Śmiłowo 1 (2 130,0 m), |

Concession data

name of area: Leszno

location: onshore; concession blocks 225, 226, 245 and 246

Type of deposit

conventional natural gas deposits

Structural levels

Carboniferous and Permian

Petroleum systems

I — Carboniferous and Rotliegend

II — Main Dolomite

Source rocks

I — Carboniferous mudstones and claystones

II — interlayers rich in organic matter in the Main Dolomite

Reservoir rocks

I — Carboniferous and Rotliegend sandstones, Zechstein limestones

II — Zechstein limestones and Dolomites

Seal rocks

I, II — Zechstein evaporates

Thickness of overburden

I — 1 800 -2 400 m

II — 1 500 -1 800 m

Trap type

Structural

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

Żakowo (NG) — discovered in 1965; unexploited; reserves and resources: 2 150 000 000 m3 (industrial: none)

Kąkolewo (NG) — discovered in 1970; unexploited; reserves and resources: 240 000 000 m3 (industrial: none)

Brońsko (NG) — discovered in 2001; cumulative production (15 years): 8 702 450 000 m3;

production in 2016: 782 100 000 m3; reserves and resources: 15 015 660 000 m3 (industrial: 13 615 730 000 m3)

Kościan S (NG) – discovered in 1995; cumulative production (15 years): 6 939 890 000 m3; production in 2016: 362 150 000 m3; reserves and resources: 3 419 790 000 m3 (industrial: 1 842 790 000 m3)

Seismic surveys completed (rightholder)

1975-1977 Kościan-Gostyń 2D (State Treasury)

1975-1976 Kościan-Śrem 2D (State Treasury)

1975 Regional profile 2D (State Treasury)

1975 Wschowa-Gostyń-Milicz 2D (State Treasury)

1976 Pre-Sudeten Monocline 2D (State Treasury)

1976-1979 Nowa Sól-Góra-Milicz 2D (State Treasury)

1980 Góra-Rawicz 2D (State Treasury)

1986-1988 Leszno-Rawicz 2D (State Treasury)

1988 Pogorzela-Krotoszyn 2D (State Treasury)

1988 Śrem-Gostyń 2D (State Treasury)

1989 Leszno-Rawicz 2D (PGNiG)

1989-1990 Nowy Tomyśl-Wolsztyn-Leszno 2D (PGNiG)

1989 Śrem-Gostyń 2D (PGNiG)

1990-1992 Sława-Leszno 2D (PGNiG)

1992 Kościan-Śrem 2D (PGNiG)

1996 Zbarzewo 3D (PGNiG)

1997-1999 Kościan-Krobia 2D (PGNiG)

1998 Kościan-Krzywin 3D (PGNiG)

1998-1999 Jaraczewo-Pogorzela 2D (PGNiG)

2012-2013 Frankowo+Tworzanice 3D (State Treasury)

Benchmark wells (MD)

Jezierzyce 1 (2 668,0 m),

Święciechowa 1 (2 776,8 m),

Święciechowa 2 (2 200,0 m),

Żakowo 6 (2 216,0 m),

Górka Duchowna 1 (2 443,0 m, FX Energy)

offset wells:

Dąbcze 2 (2 203,7 m),

Śmiłowo 1 (2 130,0 m),

6)   Commencement date of activities

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

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

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

| — | Phase I (12 months): analysing and interpreting archival geological data; |
| --- | --- |

—

Phase I (12 months): analysing and interpreting archival geological data;

| — | Phase II (12 months): geophysical surveys — 2D seismic test (200 km excitation line) or 3D seismic test (100 km2 excitation area); |
| --- | --- |

—

Phase II (12 months): geophysical surveys — 2D seismic test (200 km excitation line) or 3D seismic test (100 km2 excitation area);

| — | Phase III (24 months): drilling one borehole to a maximum depth of 3 000 m, with mandatory coring of prospective intervals; |
| --- | --- |

—

Phase III (24 months): drilling one borehole to a maximum depth of 3 000 m, with mandatory coring of prospective intervals;

| — | Phase IV (12 months): analysing the geological data obtained. |
| --- | --- |

—

Phase IV (12 months): analysing the geological data obtained.

8)   Period for which the concession is to be granted

The concession period is 30 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 of 25 years' duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

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

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

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

10)   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

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

The minimum amount of the fee for establishing mining usufruct rights for the ‘Leszno’ area during the five-year base period is PLN 220 872,38 (in words: two hundred and twenty thousand, eight hundred and seventy-two zlotys, thirty-eight 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).

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

| 1. | Bids should specify:






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

1.

1)

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

| 2) | the subject of the bid, together with a description 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 geological works, including geological operations, or mining operations and information about the works to be carried out to achieve the intended objective and the technologies to be used; |
| --- | --- |

4)

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

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

5)

a timetable, broken down into years, for 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 combatted; |
| --- | --- |

9)

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

| 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, or 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, or 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, or 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, or the extraction of hydrocarbons, will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing;

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

14)

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

| 15) | the proposed amount of remuneration 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 remuneration 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 geological works, including geological operations, proposed in the cooperation agreement; |
| --- | --- |

c)

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

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

2.

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






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

3.

1)

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

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

2)

proof that a deposit has been lodged;

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

3)

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

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

4)

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

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

5)

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

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

6)

two copies of a geological operations project.

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

4.

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

5.

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

6.

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

7.

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

8.

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

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

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Additional explanations

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

IV.3)   Additional information

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

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

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

Ministry of the Environment

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel: +48 223692449

fax: +48 223692460

---

ANNEX

AGREEMENT

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

concluded at Warsaw on ... 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 69 of 12 June 2017, hereinafter referred to as ‘the State Treasury’,

and

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

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

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Lipno, Włoszakowice, Święciechowa, Krzemieniewo, Przemęt and Kościan, the urban/rural municipalities of Rydzyna, Osieczna, Gostyń, Krobia, Poniec, Śmigiel and Krzywiń, and the town of Leszno in Wielkopolskie Province, and the urban/rural municipality of Wschowa in Lubelskie Province, the boundaries of which are defined by the lines joining points (1) to (26) having the following coordinates in the PL-1992 coordinate system:







  No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 466 689,56 | 337 158,51 |
| 2 | 466 644,39 | 337 595,47 |
| 3 | 467 081,59 | 338 410,26 |
| 4 | 466 285,50 | 338 174,75 |
| 5 | 466 127,50 | 337 330,79 |
| 6 | 465 569,17 | 337 388,84 |
| 7 | 465 510,41 | 338 244,91 |
| 8 | 464 695,80 | 338 580,80 |
| 9 | 464 592,68 | 338 901,65 |
| 10 | 465 144,25 | 340 978,73 |
| 11 | 464 295,40 | 342 400,98 |
| 12 | 464 475,27 | 342 578,28 |
| 13 | 465 608,94 | 342 132,35 |
| 14 | 461 815,48 | 351 708,88 |
| 15 | 460 228,57 | 355 230,04 |
| 16 | 460 036,44 | 362 017,35 |
| 17 | 458 190,40 | 361 718,22 |
| 18 | 436 498,40 | 361 368,45 |
| 19 | 436 501,63 | 361 242,93 |
| 20 | 436 769,02 | 355 921,34 |
| 21 | 436 798,34 | 355 337,82 |
| 22 | 441 243,48 | 318 392,54 |
| 23 | 459 794,18 | 322 788,02 |
| 24 | 468 260,86 | 335 437,60 |
| 25 | 467 589,23 | 337 133,13 |
| 26 | 467 407,89 | 336 934,21 |

1.

No

X [PL-1992]

Y [PL-1992]

1

466 689,56

337 158,51

2

466 644,39

337 595,47

3

467 081,59

338 410,26

4

466 285,50

338 174,75

5

466 127,50

337 330,79

6

465 569,17

337 388,84

7

465 510,41

338 244,91

8

464 695,80

338 580,80

9

464 592,68

338 901,65

10

465 144,25

340 978,73

11

464 295,40

342 400,98

12

464 475,27

342 578,28

13

465 608,94

342 132,35

14

461 815,48

351 708,88

15

460 228,57

355 230,04

16

460 036,44

362 017,35

17

458 190,40

361 718,22

18

436 498,40

361 368,45

19

436 501,63

361 242,93

20

436 769,02

355 921,34

21

436 798,34

355 337,82

22

441 243,48

318 392,54

23

459 794,18

322 788,02

24

468 260,86

335 437,60

25

467 589,23

337 133,13

26

467 407,89

336 934,21

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 3 000 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Leszno’ area within one year from the date of the Agreement being concluded.

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

2.

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






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

3.

1.

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

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

2.

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

| 4. | The surface area of the vertical projection of the area described above is 1 008,78 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

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

Section 3

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

1.

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

2.

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

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

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

3.

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

4.

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

5.

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

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Leszno’ area’.
  The date of payment shall be the date on which the State Treasury's account is credited. |
| --- | --- |

7.

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

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

8.

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

9.

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

10.

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

11.

Section 8

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

1.

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

2.

Section 9

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

Section 10

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

Section 11

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






  1) | State Treasury:
  Ministerstwo Środowiska (Ministry of the Environment), ul. Wawelska 52/54, 00-922 Warsaw, Poland; |
| --- | --- | --- |

1.

1)

State Treasury:

Ministerstwo Środowiska (Ministry of the Environment), ul. Wawelska 52/54, 00-922 Warsaw, Poland;

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

2)

Holder of Mining Usufruct Rights:

(address).

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

2.

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

3.

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

4.

Section 12

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

1.

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

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

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

Section 17

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

Section 18

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

Section 19

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

State Treasury

Holder of Mining Usufruct Rights

---

| 19.3.2019 | EN | Official Journal of the European Union | C 105/37 |
| --- | --- | --- | --- |

19.3.2019

EN

Official Journal of the European Union

C 105/37

---

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

(2019/C 105/04)

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 ‘Konin’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended) |
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1.

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

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

SECTION II: ENTITY INVITING BIDS

Name: Ministry of the Environment

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

Tel. +48 223692449

fax +48 223692460

Website: www.gov.pl/web/srodowisko

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 ‘Konin’ area, parts of concession blocks Nos 209 and 229.

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 | 515 069,73 | 460 758,48 |
| 2 | 505 767,09 | 460 565,18 |
| 3 | 502 776,43 | 462 823,39 |
| 4 | 502 723,58 | 462 657,47 |
| 5 | 502 446,74 | 462 504,16 |
| 6 | 502 230,96 | 462 445,82 |
| 7 | 502 248,18 | 463 222,26 |
| 8 | 498 777,52 | 465 842,91 |
| 9 | 491 508,73 | 465 830,81 |
| 10 | 491 742,58 | 464 701,41 |
| 11 | 491 801,77 | 462 529,31 |
| 12 | 491 268,31 | 460 812,82 |
| 13 | 489 774,78 | 461 013,24 |
| 14 | 490 366,34 | 462 408,58 |
| 15 | 488 859,35 | 465 826,40 |
| 16 | 477 036,23 | 465 806,72 |
| 17 | 474 238,23 | 465 787,33 |
| 18 | 474 713,84 | 464 525,73 |
| 19 | 475 455,53 | 463 034,92 |
| 20 | 475 615,88 | 461 207,31 |
| 21 | 475 688,18 | 460 217,04 |
| 22 | 474 466,38 | 459 804,48 |
| 23 | 472 819,51 | 461 806,86 |
| 24 | 472 276,86 | 461 805,14 |
| 25 | 471 552,54 | 461 936,38 |
| 26 | 470 561,66 | 463 335,51 |
| 27 | 471 558,23 | 465 111,74 |
| 28 | 471 970,84 | 465 771,61 |
| 29 | 468 693,01 | 465 748,89 |
| 30 | 468 692,97 | 465 748,89 |
| 31 | 487 544,58 | 431 628,47 |
| 32 | 515 376,16 | 432 138,19 |
| excluding the military training area delimited by points 33-55 |
| 33 | 491 907,23 | 436 687,88 |
| 34 | 490 066,04 | 439 660,33 |
| 35 | 491 866,69 | 439 686,06 |
| 36 | 492 438,87 | 441 691,27 |
| 37 | 492 511,46 | 443 692,21 |
| 38 | 493 442,35 | 445 528,26 |
| 39 | 494 722,64 | 445 680,56 |
| 40 | 496 188,94 | 445 774,26 |
| 41 | 496 594,43 | 445 981,20 |
| 42 | 496 868,35 | 444 952,88 |
| 43 | 500 631,80 | 445 149,86 |
| 44 | 502 783,76 | 445 216,34 |
| 45 | 501 400,57 | 448 338,32 |
| 46 | 503 876,06 | 449 121,96 |
| 47 | 504 566,30 | 448 989,27 |
| 48 | 508 438,44 | 445 395,23 |
| 49 | 508 066,61 | 441 460,22 |
| 50 | 505 847,49 | 438 753,45 |
| 51 | 501 637,55 | 437 958,13 |
| 52 | 501 589,05 | 440 136,31 |
| 53 | 500 091,28 | 439 839,30 |
| 54 | 498 515,65 | 437 366,48 |
| 55 | 495 903,97 | 436 740,92 |

Point No

X [PL-1992]

Y [PL-1992]

1

515 069,73

460 758,48

2

505 767,09

460 565,18

3

502 776,43

462 823,39

4

502 723,58

462 657,47

5

502 446,74

462 504,16

6

502 230,96

462 445,82

7

502 248,18

463 222,26

8

498 777,52

465 842,91

9

491 508,73

465 830,81

10

491 742,58

464 701,41

11

491 801,77

462 529,31

12

491 268,31

460 812,82

13

489 774,78

461 013,24

14

490 366,34

462 408,58

15

488 859,35

465 826,40

16

477 036,23

465 806,72

17

474 238,23

465 787,33

18

474 713,84

464 525,73

19

475 455,53

463 034,92

20

475 615,88

461 207,31

21

475 688,18

460 217,04

22

474 466,38

459 804,48

23

472 819,51

461 806,86

24

472 276,86

461 805,14

25

471 552,54

461 936,38

26

470 561,66

463 335,51

27

471 558,23

465 111,74

28

471 970,84

465 771,61

29

468 693,01

465 748,89

30

468 692,97

465 748,89

31

487 544,58

431 628,47

32

515 376,16

432 138,19

excluding the military training area delimited by points 33-55

33

491 907,23

436 687,88

34

490 066,04

439 660,33

35

491 866,69

439 686,06

36

492 438,87

441 691,27

37

492 511,46

443 692,21

38

493 442,35

445 528,26

39

494 722,64

445 680,56

40

496 188,94

445 774,26

41

496 594,43

445 981,20

42

496 868,35

444 952,88

43

500 631,80

445 149,86

44

502 783,76

445 216,34

45

501 400,57

448 338,32

46

503 876,06

449 121,96

47

504 566,30

448 989,27

48

508 438,44

445 395,23

49

508 066,61

441 460,22

50

505 847,49

438 753,45

51

501 637,55

437 958,13

52

501 589,05

440 136,31

53

500 091,28

439 839,30

54

498 515,65

437 366,48

55

495 903,97

436 740,92

The surface area of the vertical projection of the area covered by this bidding procedure is 1 034,29 km2.

The area covered by the bidding procedure is located in the following

| — | municipality: Jeziora Wielkie, |
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—

municipality: Jeziora Wielkie,

| — | urban/rural municipality: Piotrków Kujawski in Kujawsko-Pomorskie Province, and |
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—

urban/rural municipality: Piotrków Kujawski in Kujawsko-Pomorskie Province, and

| — | municipalities: Koło, Kościelec, Osiek Mały, Kazimierz Biskupi, Kramsk, Krzymów, Rzgów, Skulsk, Stare Miasto, Wierzbinek, Wilczyn, Orchowo, Ostrowite, Powidz, Słupca and Władysławów, |
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—

municipalities: Koło, Kościelec, Osiek Mały, Kazimierz Biskupi, Kramsk, Krzymów, Rzgów, Skulsk, Stare Miasto, Wierzbinek, Wilczyn, Orchowo, Ostrowite, Powidz, Słupca and Władysławów,

| — | urban/rural municipality: Golina, Kleczew, Sompolno and Ślesin, and the town of Konin in Wielkopolskie Province |
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—

urban/rural municipality: Golina, Kleczew, Sompolno and Ślesin, and the town of Konin in Wielkopolskie Province

The aim of the works to be carried out in Jurassic and Cretaceous 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 12:00 CET/CEST on the last day of the 121-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | — | 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 20 % | — | scope and schedule 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 schedule 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

20 %

—

scope and schedule 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 schedule 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: Konin
  location: onshore; concession blocks 209 and 229 |
| --- | --- |
| Type of deposit | conventional oil and natural gas deposits |
| Structural levels | Palaeozoic (Variscan)
  Permian-Mesozoic |
| Petroleum systems | I — Jurassic |
| Source rocks | I — Middle and Upper Jurassic sandstones, claystones and mudstones |
| Reservoir rocks | I — Jurassic sandstones, Lower Cretaceous limestones, claystones and mudstones |
| Seal rocks | I — Cretaceous carbonate formations, claystones, mudstones, opokas and gaizes
  II — Palaeogene and Neogene sand, silt and seams of lignite |
| Thickness of overburden | I — 500-1 300 m |
| Trap type | I — stratigraphic and structural |
| Deposits identified in the vicinity (NG — natural gas; O — oil) | None |
| Seismic surveys completed (rightholder) | 1974 — 1 regional profile (State Treasury)
  1978-1979 — 6 profiles — Mogilno-Pabianice (State Treasury)
  1988-1990 — 4 profiles — Ciechocinek-Brześć Kuj.-Wojszyce (State Treasury)
  1996 — 5 profiles — Turek (TEXACO)
  2010 — 4 profiles — Gniezno-Ślesin (State Treasury) |
| Benchmark wells (MD) | Gopło IG 1 (1 175,4 m)
  Gopło GEO2 (502,0 m)
  Konin GT 1 (2 660,0 m)
  Ślesin IGH 1 (2 570,0 m)
  Wilczna 1 (3 205,2 m) |

Concession data

name of area: Konin

location: onshore; concession blocks 209 and 229

Type of deposit

conventional oil and natural gas deposits

Structural levels

Palaeozoic (Variscan)

Permian-Mesozoic

Petroleum systems

I — Jurassic

Source rocks

I — Middle and Upper Jurassic sandstones, claystones and mudstones

Reservoir rocks

I — Jurassic sandstones, Lower Cretaceous limestones, claystones and mudstones

Seal rocks

I — Cretaceous carbonate formations, claystones, mudstones, opokas and gaizes

II — Palaeogene and Neogene sand, silt and seams of lignite

Thickness of overburden

I — 500-1 300 m

Trap type

I — stratigraphic and structural

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

None

Seismic surveys completed (rightholder)

1974 — 1 regional profile (State Treasury)

1978-1979 — 6 profiles — Mogilno-Pabianice (State Treasury)

1988-1990 — 4 profiles — Ciechocinek-Brześć Kuj.-Wojszyce (State Treasury)

1996 — 5 profiles — Turek (TEXACO)

2010 — 4 profiles — Gniezno-Ślesin (State Treasury)

Benchmark wells (MD)

Gopło IG 1 (1 175,4 m)

Gopło GEO2 (502,0 m)

Konin GT 1 (2 660,0 m)

Ślesin IGH 1 (2 570,0 m)

Wilczna 1 (3 205,2 m)

6)   Commencement date of activities

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

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

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

| — | Phase I (12 months): analysing and interpreting archival geological data; |
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—

Phase I (12 months): analysing and interpreting archival geological data;

| — | Phase II (12 months): geophysical surveys — 2D seismic test (50 km excitation line) or 3D seismic test (25 km2 excitation area); |
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—

Phase II (12 months): geophysical surveys — 2D seismic test (50 km excitation line) or 3D seismic test (25 km2 excitation area);

| — | Phase III (24 months): drilling 1 (one) prospecting borehole to a maximum depth of 6 500 m, with mandatory coring of prospective intervals; |
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—

Phase III (24 months): drilling 1 (one) prospecting borehole to a maximum depth of 6 500 m, with mandatory coring of prospective intervals;

| — | Phase IV (12 months): analysing the geological data obtained. |
| --- | --- |

—

Phase IV (12 months): analysing the geological data obtained.

8)   Period for which the concession is to be granted

The concession period is 30 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 of 25 years' duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

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

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

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

10)   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

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

The minimum amount of the fee for establishing mining usufruct rights for the ‘Konin’ area during the five-year base period is PLN 226 457,80 (in words: two hundred and twenty-six thousand, four hundred and fifty-seven zlotys, eighty 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).

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

| 1. | Bids should specify:






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

1.

1)

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

| 2) | the subject of the bid, together with a description 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 geological works, including geological operations, or mining operations and information about the works to be carried out to achieve the intended objective and the technologies to be used; |
| --- | --- |

4)

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

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

5)

a timetable, broken down into years, for 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 combatted; |
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9)

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

| 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, or 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, or 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, or 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, or the extraction of hydrocarbons, will be carried out, and in particular the sources and methods of financing the intended activities, including the share of own funds and external financing;

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

14)

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

| 15) | the proposed amount of remuneration 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 remuneration 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 geological works, including geological operations, proposed in the cooperation agreement. |
| --- | --- |

c)

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

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

2.

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






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

3.

1)

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

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

2)

proof that a deposit has been lodged;

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

3)

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

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

4)

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

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

5)

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

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

6)

two copies of a geological operations project.

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

4.

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

5.

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

6.

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

7.

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

8.

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

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

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Additional explanations

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Public Information Bulletin (Biuletyn Informacji Publicznej), 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 Geological Data Pack (Pakiet danych geologicznych), which is available on the Ministry of the Environment website (www.mos.gov.pl) and from:

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

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

Ministerstwo Środowiska (Ministry of the Environment)

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

fax +48 223692460

---

ANNEX

AGREEMENT

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

concluded at Warsaw on ... 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 69 of 12 June 2017, hereinafter referred to as ‘the State Treasury’,

and

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

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

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Koło, Kościelec, Osiek Mały, Kazimierz Biskupi, Kramsk, Krzymów, Rzgów, Skulsk, Stare Miasto, Wierzbinek, Wilczyn, Orchowo, Ostrowite, Powidz, Słupca and Władysławów, the urban/rural municipalities of Golina, Kleczew, Sompolno and Ślesin, and the town of Konin in Wielkopolskie Province, and the municipality of Jeziora Wielkie and the urban/rural municipality of Piotrków Kujawski in Kujawsko-Pomorskie Province, the boundaries of which are defined by lines joining points (1) to (55) having the following coordinates in the PL-1992 coordinate system:







  No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 515 069,73 | 460 758,48 |
| 2 | 505 767,09 | 460 565,18 |
| 3 | 502 776,43 | 462 823,39 |
| 4 | 502 723,58 | 462 657,47 |
| 5 | 502 446,74 | 462 504,16 |
| 6 | 502 230,96 | 462 445,82 |
| 7 | 502 248,18 | 463 222,26 |
| 8 | 498 777,52 | 465 842,91 |
| 9 | 491 508,73 | 465 830,81 |
| 10 | 491 742,58 | 464 701,41 |
| 11 | 491 801,77 | 462 529,31 |
| 12 | 491 268,31 | 460 812,82 |
| 13 | 489 774,78 | 461 013,24 |
| 14 | 490 366,34 | 462 408,58 |
| 15 | 488 859,35 | 465 826,40 |
| 16 | 477 036,23 | 465 806,72 |
| 17 | 474 238,23 | 465 787,33 |
| 18 | 474 713,84 | 464 525,73 |
| 19 | 475 455,53 | 463 034,92 |
| 20 | 475 615,88 | 461 207,31 |
| 21 | 475 688,18 | 460 217,04 |
| 22 | 474 466,38 | 459 804,48 |
| 23 | 472 819,51 | 461 806,86 |
| 24 | 472 276,86 | 461 805,14 |
| 25 | 471 552,54 | 461 936,38 |
| 26 | 470 561,66 | 463 335,51 |
| 27 | 471 558,23 | 465 111,74 |
| 28 | 471 970,84 | 465 771,61 |
| 29 | 468 693,01 | 465 748,89 |
| 30 | 468 692,97 | 465 748,89 |
| 31 | 487 544,58 | 431 628,47 |
| 32 | 515 376,16 | 432 138,19 |

1.

No

X [PL-1992]

Y [PL-1992]

1

515 069,73

460 758,48

2

505 767,09

460 565,18

3

502 776,43

462 823,39

4

502 723,58

462 657,47

5

502 446,74

462 504,16

6

502 230,96

462 445,82

7

502 248,18

463 222,26

8

498 777,52

465 842,91

9

491 508,73

465 830,81

10

491 742,58

464 701,41

11

491 801,77

462 529,31

12

491 268,31

460 812,82

13

489 774,78

461 013,24

14

490 366,34

462 408,58

15

488 859,35

465 826,40

16

477 036,23

465 806,72

17

474 238,23

465 787,33

18

474 713,84

464 525,73

19

475 455,53

463 034,92

20

475 615,88

461 207,31

21

475 688,18

460 217,04

22

474 466,38

459 804,48

23

472 819,51

461 806,86

24

472 276,86

461 805,14

25

471 552,54

461 936,38

26

470 561,66

463 335,51

27

471 558,23

465 111,74

28

471 970,84

465 771,61

29

468 693,01

465 748,89

30

468 692,97

465 748,89

31

487 544,58

431 628,47

32

515 376,16

432 138,19

Excluding an area the boundaries of which are defined by the following coordinates:

| No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- |
| 33 | 491 907,23 | 436 687,88 |
| 34 | 490 066,04 | 439 660,33 |
| 35 | 491 866,69 | 439 686,06 |
| 36 | 492 438,87 | 441 691,27 |
| 37 | 492 511,46 | 443 692,21 |
| 38 | 493 442,35 | 445 528,26 |
| 39 | 494 722,64 | 445 680,56 |
| 40 | 496 188,94 | 445 774,26 |
| 41 | 496 594,43 | 445 981,20 |
| 42 | 496 868,35 | 444 952,88 |
| 43 | 500 631,80 | 445 149,86 |
| 44 | 502 783,76 | 445 216,34 |
| 45 | 501 400,57 | 448 338,32 |
| 46 | 503 876,06 | 449 121,96 |
| 47 | 504 566,30 | 448 989,27 |
| 48 | 508 438,44 | 445 395,23 |
| 49 | 508 066,61 | 441 460,22 |
| 50 | 505 847,49 | 438 753,45 |
| 51 | 501 637,55 | 437 958,13 |
| 52 | 501 589,05 | 440 136,31 |
| 53 | 500 091,28 | 439 839,30 |
| 54 | 498 515,65 | 437 366,48 |
| 55 | 495 903,97 | 436 740,92 |

No

X [PL-1992]

Y [PL-1992]

33

491 907,23

436 687,88

34

490 066,04

439 660,33

35

491 866,69

439 686,06

36

492 438,87

441 691,27

37

492 511,46

443 692,21

38

493 442,35

445 528,26

39

494 722,64

445 680,56

40

496 188,94

445 774,26

41

496 594,43

445 981,20

42

496 868,35

444 952,88

43

500 631,80

445 149,86

44

502 783,76

445 216,34

45

501 400,57

448 338,32

46

503 876,06

449 121,96

47

504 566,30

448 989,27

48

508 438,44

445 395,23

49

508 066,61

441 460,22

50

505 847,49

438 753,45

51

501 637,55

437 958,13

52

501 589,05

440 136,31

53

500 091,28

439 839,30

54

498 515,65

437 366,48

55

495 903,97

436 740,92

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 6 500 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Konin’ area within one year from the date of the Agreement being concluded.

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

2.

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






  1. | in Jurassic and Lower Cretaceous formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits; |
| --- | --- | --- |

3.

1.

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

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

2.

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

| 4. | The surface area of the vertical projection of the area described above is 1 034,29 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

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

Section 3

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

1.

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

2.

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

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

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

3.

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

4.

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

5.

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

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Konin’ area’.
  The date of payment shall be the date on which the State Treasury's account is credited. |
| --- | --- |

7.

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

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

8.

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

9.

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

10.

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

11.

Section 8

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

1.

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

2.

Section 9

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

Section 10

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

Section 11

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






  1) | State Treasury:
  Ministerstwo Środowiska (Ministry of the Environment), ul. Wawelska 52/54, 00-922 Warsaw, Poland; |
| --- | --- | --- |

1.

1)

State Treasury:

Ministerstwo Środowiska (Ministry of the Environment), ul. Wawelska 52/54, 00-922 Warsaw, Poland;

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

2)

Holder of Mining Usufruct Rights:

(address).

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

2.

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

3.

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

4.

Section 12

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

1.

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

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

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

Section 17

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

Section 18

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

Section 19

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

State Treasury

Holder of Mining Usufruct Rights

---

| 19.3.2019 | EN | Official Journal of the European Union | C 105/51 |
| --- | --- | --- | --- |

19.3.2019

EN

Official Journal of the European Union

C 105/51

---

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

(2019/C 105/05)

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 ‘Błażowa’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended) |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

Name: Ministry of the Environment

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

Tel. +48 223692449

fax +48 223692460

Website: www.gov.pl/web/srodowisko

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 ‘Błażowa’ area, parts of concession blocks Nos 416 and 417.

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 | 235 252,37 | 711 178,20 |
| 2 | 228 291,89 | 722 315,00 |
| 3 | 235 141,04 | 726 795,89 |
| 4 | 223 925,01 | 744 543,90 |
| 5 | 223 895,85 | 743 860,81 |
| 6 | 222 687,04 | 715 541,91 |
| 7 | 222 646,09 | 713 598,33 |
| 8 | 222 648,19 | 713 598,27 |
| 9 | 222 405,96 | 707 295,80 |
| 10 | 232 285,20 | 710 286,46 |

Point No

X [PL-1992]

Y [PL-1992]

1

235 252,37

711 178,20

2

228 291,89

722 315,00

3

235 141,04

726 795,89

4

223 925,01

744 543,90

5

223 895,85

743 860,81

6

222 687,04

715 541,91

7

222 646,09

713 598,33

8

222 648,19

713 598,27

9

222 405,96

707 295,80

10

232 285,20

710 286,46

The surface area of the vertical projection of the area covered by this bidding procedure is 270,05 km2.

The area covered by the bidding procedure is located in the municipalities of Niebylec, Lubenia, Hyżne, Dynów, Domaradz, Nozdrzec, Dubiecko and Jawornik Polski, the urban/rural municipalities of Tyczyn and Błażowa and the town of Dynów in Podkarpackie Province.

The aim of the works to be carried out in Devonian, Carboniferous, Triassic, Jurassic, Cretaceous, Palaeogene and Neogene 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 12.00 CET/CEST on the last day of the 121-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | — | 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 20 % | — | scope and schedule 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 schedule 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

20 %

—

scope and schedule 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 schedule 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: Błażowa
  location: onshore; concession blocks 416 and 417 |
| --- | --- |
| Type of deposit | conventional oil and natural gas deposits |
| Structural levels | Carpathian-Stebnik (flysch)
  Paleogene-Miocene
  Palaeozoic-Mesozoic
  Precambrian |
| Petroleum systems | I — system developed in the flysch of the Skole Nappe;
  II — autochthonous Miocene system in the Carpathian Foredeep below the Skole Nappe;
  III — Palaeozoic-Mesozoic basement system. |
| Source rocks | I — Spas shales, Inoceramus beds, Menilite shales;
  II — Upper Badenian and Lower Sarmatian fine-grained clastic rocks;
  III — Ordovician and Silurian fine-grained clastic rocks, Lower Devonian clastic rocks, Middle Devonian clastic carbonate rocks. |
| Reservoir rocks | I — Kuźmiński sandstones, Inoceramus beds, Kliwa sandstones;
  II — Upper Badenian and Lower Sarmatian sandstones and sands;
  III — Precambrian sandstones, Middle Devonian, Upper Devonian, Lower Carboniferous and Upper Jurassic carbonate rocks. |
| Seal rocks | I — fine-grained clastic flysch formations: Spas shales, Inoceramus beds, Hieroglyphic beds, variegated shales, Menilite beds, Krosno beds;
  II — claystones within the Miocene succession, Stebnik Unit rocks or the flysch succession of the Skole Unit above the autochthonous Miocene strata
  III — fine-grained clastic Ordovician and Silurian sediments for hypothetical Precambrian deposits; Culm, Triassic, Jurassic and autochthonous Miocene rocks and Skole Nappe rock series for Devonian and Carboniferous deposits. |
| Thickness of overburden | I — 0 - 2 500 m
  II — 2 250 - 4 550 m
  III — 3 450 - 5 200 m |
| Trap type | I — structural or structural-lithological
  II — structural and stratigraphic
  III — structural and stratigraphic |
| Deposits identified in the vicinity (NG — natural gas; O — oil) | Zalesie (NG) — production in 2016: 151 520 000 m3, reserves and resources in 2016: 2 028 270 000 m3, industrial resources in 2016: 280 830 000 m3

  Nosówka (O) — production in 2016: 4 070 tonnes, reserves and resources in 2016: none, industrial resources in 2016: 280 830 tonnes
  Nosówka (NG) — production in 2016: 8 890 000 m3, reserves and resources in 2016: 385 290 000 m3, industrial resources in 2016: 157 200 000 m3

  Jodłówka (NG) — production in 2016: 7 390 000 m3, reserves and resources in 2016: 975 110 000 m3, industrial resources in 2016: 64 320 000 m3

  Rączyna (NG) — production in 2016: 10 000 m3, reserves and resources in 2016: 228 530 000 m3, industrial resources in 2016: 120 460 000 m3

  Husów-Albigowa-Krasne (NG) — production in 2016: 18 160 000 m3, reserves and resources in 2016: 1 506 540 000 m3, industrial resources in 2016: 373 840 000  m3 |
| Seismic surveys completed (rightholder) | 1977-1986 Błażowa-Bircza 2D (State Treasury)
  1982 Rzeszów-Zalesie 2D (State Treasury)
  1990 Błażowa-Leszczyny 2D (PGNiG S.A.)
  1991 Dębica-Sędziszów-Rzeszów 2D (PGNiG S.A.)
  1991-1995 Zalesie-Jodłówka-Skopów 2D + 1997 reprocessing (PGNiG S.A.)
  2004 Babica-Niebylec 2D (PGNiG S.A.)
  2012 Błażowa-Dynów 2D (PGNiG S.A.) |
| Benchmark wells (MD) | benchmark wells: | Szklary IG-1 (1 152 m) |

Concession data

name of area: Błażowa

location: onshore; concession blocks 416 and 417

Type of deposit

conventional oil and natural gas deposits

Structural levels

Carpathian-Stebnik (flysch)

Paleogene-Miocene

Palaeozoic-Mesozoic

Precambrian

Petroleum systems

I — system developed in the flysch of the Skole Nappe;

II — autochthonous Miocene system in the Carpathian Foredeep below the Skole Nappe;

III — Palaeozoic-Mesozoic basement system.

Source rocks

I — Spas shales, Inoceramus beds, Menilite shales;

II — Upper Badenian and Lower Sarmatian fine-grained clastic rocks;

III — Ordovician and Silurian fine-grained clastic rocks, Lower Devonian clastic rocks, Middle Devonian clastic carbonate rocks.

Reservoir rocks

I — Kuźmiński sandstones, Inoceramus beds, Kliwa sandstones;

II — Upper Badenian and Lower Sarmatian sandstones and sands;

III — Precambrian sandstones, Middle Devonian, Upper Devonian, Lower Carboniferous and Upper Jurassic carbonate rocks.

Seal rocks

I — fine-grained clastic flysch formations: Spas shales, Inoceramus beds, Hieroglyphic beds, variegated shales, Menilite beds, Krosno beds;

II — claystones within the Miocene succession, Stebnik Unit rocks or the flysch succession of the Skole Unit above the autochthonous Miocene strata

III — fine-grained clastic Ordovician and Silurian sediments for hypothetical Precambrian deposits; Culm, Triassic, Jurassic and autochthonous Miocene rocks and Skole Nappe rock series for Devonian and Carboniferous deposits.

Thickness of overburden

I — 0 - 2 500 m

II — 2 250 - 4 550 m

III — 3 450 - 5 200 m

Trap type

I — structural or structural-lithological

II — structural and stratigraphic

III — structural and stratigraphic

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

Zalesie (NG) — production in 2016: 151 520 000 m3, reserves and resources in 2016: 2 028 270 000 m3, industrial resources in 2016: 280 830 000 m3

Nosówka (O) — production in 2016: 4 070 tonnes, reserves and resources in 2016: none, industrial resources in 2016: 280 830 tonnes

Nosówka (NG) — production in 2016: 8 890 000 m3, reserves and resources in 2016: 385 290 000 m3, industrial resources in 2016: 157 200 000 m3

Jodłówka (NG) — production in 2016: 7 390 000 m3, reserves and resources in 2016: 975 110 000 m3, industrial resources in 2016: 64 320 000 m3

Rączyna (NG) — production in 2016: 10 000 m3, reserves and resources in 2016: 228 530 000 m3, industrial resources in 2016: 120 460 000 m3

Husów-Albigowa-Krasne (NG) — production in 2016: 18 160 000 m3, reserves and resources in 2016: 1 506 540 000 m3, industrial resources in 2016: 373 840 000  m3

Seismic surveys completed (rightholder)

1977-1986 Błażowa-Bircza 2D (State Treasury)

1982 Rzeszów-Zalesie 2D (State Treasury)

1990 Błażowa-Leszczyny 2D (PGNiG S.A.)

1991 Dębica-Sędziszów-Rzeszów 2D (PGNiG S.A.)

1991-1995 Zalesie-Jodłówka-Skopów 2D + 1997 reprocessing (PGNiG S.A.)

2004 Babica-Niebylec 2D (PGNiG S.A.)

2012 Błażowa-Dynów 2D (PGNiG S.A.)

Benchmark wells (MD)

benchmark wells:

Szklary IG-1 (1 152 m)

| | Dynów 1 (4 281 m) |
| --- | --- |

Dynów 1 (4 281 m)

| | Żyznów 4 (1 400 m) |
| --- | --- |

Żyznów 4 (1 400 m)

| | Żyznów 5 (1 405 m) |
| --- | --- |

Żyznów 5 (1 405 m)

offset wells:

| | Bachórzec 1 (4 093 m) |
| --- | --- |

Bachórzec 1 (4 093 m)

| | Babica IG-1 (3 426,1 m) |
| --- | --- |

Babica IG-1 (3 426,1 m)

| | Drohobyczka 1 (4 104,5 m) |
| --- | --- |

Drohobyczka 1 (4 104,5 m)

| | Drohobyczka 3 (3 900 m) |
| --- | --- |

Drohobyczka 3 (3 900 m)

| | Hadle Szklarskie 1 (3 277 m) |
| --- | --- |

Hadle Szklarskie 1 (3 277 m)

| | Hermanowa 1 (5 092 m) |
| --- | --- |

Hermanowa 1 (5 092 m)

| | Kielnarowa 1 (3 611,5 m) |
| --- | --- |

Kielnarowa 1 (3 611,5 m)

6.   Commencement date of activities

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

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

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

| — | Phase I (24 months): analysing and interpreting archival geological data or conducting geophysical surveys — 2D seismic test (50 km excitation line) or 3D seismic test (25 km2 excitation area), |
| --- | --- |

—

Phase I (24 months): analysing and interpreting archival geological data or conducting geophysical surveys — 2D seismic test (50 km excitation line) or 3D seismic test (25 km2 excitation area),

| — | Phase II (24 months): drilling 1 (one) exploration well to a maximum depth of 6 500 m, with mandatory coring of prospective intervals, |
| --- | --- |

—

Phase II (24 months): drilling 1 (one) exploration well to a maximum depth of 6 500 m, with mandatory coring of prospective intervals,

| — | Phase IV (12 months): analysing the geological data obtained. |
| --- | --- |

—

Phase IV (12 months): analysing the geological data obtained.

8.   Period for which the concession is to be granted

The concession period is 30 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 of 25 years' duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

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

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

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

10.   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

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

The minimum amount of remuneration for establishing mining usufruct rights for the ‘Błażowa’ area during the five-year base period is PLN 59 127,45 (in words: fifty-nine thousand, one hundred and twenty-seven zlotys and forty-five 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 Polish Official Gazette (Monitor Polski) (Article 49h(3)(12) of the Geological and Mining Law Act).

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

| 1. | Bids should specify:






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

1.

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

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

(7)

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

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

(8)

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

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

(9)

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

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

(10)

the scope of the geological information available to the bidder;

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

(11)

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

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

(12)

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

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

(13)

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

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

(14)

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

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

(15)

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

| (16) | 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 geological works, including geological operations, proposed in the cooperation agreement. |
| --- | --- |

(c)

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

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

2.

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






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

3.

(1)

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

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

(2)

proof that a deposit has been lodged;

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

(3)

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

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

(4)

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

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

(5)

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

| (6) | two copies of 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.

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

5.

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

6.

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

7.

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

8.

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

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

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Further clarifications

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Public Information Bulletin (Biuletyn Informacji Publicznej), 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 Geological Data Pack (Pakiet danych geologicznych), which is available on the Ministry of the Environment website (www.gov.pl/web/srodowisko) and from

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

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

Ministry of the Environment

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

fax +48 223692460

---

ANNEX

AGREEMENT

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

concluded at Warsaw on ... 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 69 of 12 June 2017, hereinafter referred to as ‘the State Treasury’,

and

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

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

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Niebylec, Lubenia, Hyżne, Dynów, Domaradz, Nozdrzec, Dubiecko and Jawornik Polski, the urban/rural municipalities of Tyczyn and Błażowa and the town of Dynów in Podkarpackie Province, the boundaries of which are defined by lines joining points (1) to (10) having the following coordinates in the PL-1992 coordinate system:







  No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 235 252,37 | 711 178,20 |
| 2 | 228 291,89 | 722 315,00 |
| 3 | 235 141,04 | 726 795,89 |
| 4 | 223 925,01 | 744 543,90 |
| 5 | 223 895,85 | 743 860,81 |
| 6 | 222 687,04 | 715 541,91 |
| 7 | 222 646,09 | 713 598,33 |
| 8 | 222 648,19 | 713 598,27 |
| 9 | 222 405,96 | 707 295,80 |
| 10 | 232 285,20 | 710 286,46 |

1.

No

X [PL-1992]

Y [PL-1992]

1

235 252,37

711 178,20

2

228 291,89

722 315,00

3

235 141,04

726 795,89

4

223 925,01

744 543,90

5

223 895,85

743 860,81

6

222 687,04

715 541,91

7

222 646,09

713 598,33

8

222 648,19

713 598,27

9

222 405,96

707 295,80

10

232 285,20

710 286,46

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 6 500 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Błażowa’ area within one year from the date of the Agreement being concluded.

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

2.

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






  (1) | in Devonian, Carboniferous, Triassic, Jurassic, Cretaceous, Palaeogene and Neogene formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits; |
| --- | --- | --- |

3.

(1)

in Devonian, Carboniferous, Triassic, Jurassic, Cretaceous, Palaeogene and Neogene formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits;

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

(2)

in the rest of the area, carry out any operations and activities that are necessary in order to gain access to the Devonian, Carboniferous, Triassic, Jurassic, Cretaceous, Palaeogene and Neogene formations.

| 4. | The surface area of the vertical projection of the area described above is 270,05 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

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

Section 3

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

1.

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

2.

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

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

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

3.

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

4.

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

5.

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

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Błażowa’ area’.
  The date of payment shall be the date on which the State Treasury's account is credited. |
| --- | --- |

7.

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

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

8.

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

9.

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

10.

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

11.

Section 8

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

1.

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

2.

Section 9

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

Section 10

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

Section 11

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






  (1) | State Treasury:
  Ministry of the Environment, ul. Wawelska 52/54, 00-922 Warsaw, Poland; |
| --- | --- | --- |

1.

(1)

State Treasury:

Ministry of the Environment, ul. Wawelska 52/54, 00-922 Warsaw, Poland;

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

(2).

Holder of Mining Usufruct Rights:

(address).

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

2.

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

3.

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

4.

Section 12

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

1.

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

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

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

Section 17

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

Section 18

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

Section 19

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

State Treasury

Holder of Mining Usufruct Rights

---

| 19.3.2019 | EN | Official Journal of the European Union | C 105/63 |
| --- | --- | --- | --- |

19.3.2019

EN

Official Journal of the European Union

C 105/63

---

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

(2019/C 105/06)

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 ‘Ryki’ area

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended) |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

Name: Ministry of the Environment

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

Tel. +48 223692449

fax +48 223692460

Website: www.gov.pl/web/srodowisko

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 ‘Ryki’ area, parts of concession blocks Nos 276, 277, 296 and 297

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 | 407 494,46 | 731 105,39 |
| 2 | 398 381,37 | 724 478,08 |
| 3 | 391 027,02 | 724 815,79 |
| 4 | 398 721,51 | 708 533,60 |
| 5 | 406 938,85 | 691 560,89 |
| 6 | 417 513,16 | 683 035,52 |
| 7 | 420 895,35 | 682 945,76 |
| 8 | 420 925,35 | 682 944,96 |
| 9 | 421 010,20 | 685 294,80 |
| 10 | 420 923,26 | 685 271,71 |
| 11 | 420 469,35 | 685 725,44 |
| 12 | 420 460,44 | 686 189,02 |
| 13 | 419 968,31 | 687 320,49 |
| 14 | 419 554,49 | 687 716,99 |
| 15 | 419 553,99 | 688 409,45 |
| 16 | 420 317,35 | 689 664,43 |
| 17 | 420 580,60 | 689 659,36 |
| 18 | 421 133,16 | 688 618,60 |
| 19 | 421 361,48 | 694 639,27 |
| 20 | 424 645,99 | 692 342,61 |
| 21 | 435 143,76 | 691 942,04 |
| 22 | 435 481,97 | 700 604,25 |

Point No

X [PL-1992]

Y [PL-1992]

1

407 494,46

731 105,39

2

398 381,37

724 478,08

3

391 027,02

724 815,79

4

398 721,51

708 533,60

5

406 938,85

691 560,89

6

417 513,16

683 035,52

7

420 895,35

682 945,76

8

420 925,35

682 944,96

9

421 010,20

685 294,80

10

420 923,26

685 271,71

11

420 469,35

685 725,44

12

420 460,44

686 189,02

13

419 968,31

687 320,49

14

419 554,49

687 716,99

15

419 553,99

688 409,45

16

420 317,35

689 664,43

17

420 580,60

689 659,36

18

421 133,16

688 618,60

19

421 361,48

694 639,27

20

424 645,99

692 342,61

21

435 143,76

691 942,04

22

435 481,97

700 604,25

The surface area of the vertical projection of the area covered by this bidding procedure is 1 047,73 km2.

The area covered by the bidding procedure is located in the following

| — | municipalities: Baranów, Końskowola, Markuszów, Kurów, Żyrzyn, Puławy, Kłoczew, Ułęź, Stężyca, Nowodwór, Abramów and Michów, |
| --- | --- |

—

municipalities: Baranów, Końskowola, Markuszów, Kurów, Żyrzyn, Puławy, Kłoczew, Ułęź, Stężyca, Nowodwór, Abramów and Michów,

| — | urban/rural municipalities: Ryki and Nałęczów; towns: Puławy and Dęblin in Lubelskie Province, and |
| --- | --- |

—

urban/rural municipalities: Ryki and Nałęczów; towns: Puławy and Dęblin in Lubelskie Province, and

| — | municipalities: Trojanów, Garbatka-Letnisko, Sieciechów and Gniewoszów, |
| --- | --- |

—

municipalities: Trojanów, Garbatka-Letnisko, Sieciechów and Gniewoszów,

| — | urban/rural municipalities: Kozienice in Mazowieckie Province. |
| --- | --- |

—

urban/rural municipalities: Kozienice in Mazowieckie Province.

The aim of the works to be carried out in Devonian and Carboniferous 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 12.00 CET/CEST on the last day of the 121-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | — | 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 20 % | — | scope and schedule 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 schedule 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

20 %

—

scope and schedule 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 schedule 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: Ryki
  location: onshore; concession blocks 276, 277, 296 and 297 |
| --- | --- |
| Type of deposit | conventional deposits of natural gas and oil,
  unconventional deposits of natural gas |
| Structural levels | Cenozoic
  Mesozoic
  Palaeozoic |
| Petroleum systems | I — conventional, Young Palaeozoic (Devonian + Carboniferous)
  II — unconventional, Palaeozoic (Devonian) |
| Source rocks | I — Devonian (Frasnian and Famennian) claystones and mudstones and Carboniferous clayey mudstone sediments
  II — Upper Devonian (Frasnian) limestone |
| Reservoir rocks | I — Upper Carboniferous clastic sediments and sandstones with Upper Devonian (Famennian) mudstone inclusions
  II — Upper Devonian (Frasnian) limestone |
| Seal rocks | I — clayey mudstone, carbonate, marly and in some places evaporitic Devonian rocks and complexes of Carboniferous mudstones, sandstones and claystones
  II — Upper Devonian (Frasnian) limestone |
| Thickness of overburden | from 1 150 m in the SE part to 1 500 m in the NW part |
| Trap type | I — structural, stratigraphic, structural-stratigraphic
  II — unconventional |
| Deposits identified in the vicinity (NG — natural gas; O — oil) | Glinnik (O) — production (2016): 280 tonnes, reserves and resources (2016): 7 380  tonnes, industrial resources (2016): 4 760 tonnes;
  Glinnik (associated NG) — production: 50 000 m3, reserves and resources: 590 000  m3, industrial: 430 000 m3

  Stężyca (NG) — production (2016): 500 000 m3, reserves and resources (2016): 401 820 000 m3, industrial (2016): 105 360 000 m3 |
| Seismic surveys completed (rightholder) | 1974 Lublin Trough 2D (State Treasury)
  1979-1981, 1983-1986-1989 Tłuszcz-Dęblin-Lublin 2D (State Treasury)
  1985 Wilga-Abramów 2D (State Treasury)
  1989, 1991, 1993-1994 Tłuszcz-Dęblin-Lublin 2D (PGNiG)
  1989-1992 Wilga-Abramów 2D (PGNiG)
  1992, 1994, 1996 Żelechów-Radzyń Podlaski-Kock 2D (PGNiG)
  1993 Żelechów-Radzyń Podlaski 2D (PGNiG)
  1995–1997 Ryki-Żyrzyn 2D (PGNiG)
  1995 Stężyca 3D (PGNiG)
  1998 Radość-Zamość 2D (Apache)
  1999 Rycice 2D (Apache)
  2003-2004 Pionki-Kazimierz 2D (State Treasury)
  2003 Strych-Stężyca 2D (State Treasury)
  2004 Pionki-Kazimierz 3D (State Treasury)
  2005 Kock-Tarkawica 2D (State Treasury)
  2011 Czernic-Ryki 2D (PGNiG) |
| Benchmark wells (MD) | benchmark wells: | Abramów 1 (4 825,8 m) |

Concession data

name of area: Ryki

location: onshore; concession blocks 276, 277, 296 and 297

Type of deposit

conventional deposits of natural gas and oil,

unconventional deposits of natural gas

Structural levels

Cenozoic

Mesozoic

Palaeozoic

Petroleum systems

I — conventional, Young Palaeozoic (Devonian + Carboniferous)

II — unconventional, Palaeozoic (Devonian)

Source rocks

I — Devonian (Frasnian and Famennian) claystones and mudstones and Carboniferous clayey mudstone sediments

II — Upper Devonian (Frasnian) limestone

Reservoir rocks

I — Upper Carboniferous clastic sediments and sandstones with Upper Devonian (Famennian) mudstone inclusions

II — Upper Devonian (Frasnian) limestone

Seal rocks

I — clayey mudstone, carbonate, marly and in some places evaporitic Devonian rocks and complexes of Carboniferous mudstones, sandstones and claystones

II — Upper Devonian (Frasnian) limestone

Thickness of overburden

from 1 150 m in the SE part to 1 500 m in the NW part

Trap type

I — structural, stratigraphic, structural-stratigraphic

II — unconventional

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

Glinnik (O) — production (2016): 280 tonnes, reserves and resources (2016): 7 380  tonnes, industrial resources (2016): 4 760 tonnes;

Glinnik (associated NG) — production: 50 000 m3, reserves and resources: 590 000  m3, industrial: 430 000 m3

Stężyca (NG) — production (2016): 500 000 m3, reserves and resources (2016): 401 820 000 m3, industrial (2016): 105 360 000 m3

Seismic surveys completed (rightholder)

1974 Lublin Trough 2D (State Treasury)

1979-1981, 1983-1986-1989 Tłuszcz-Dęblin-Lublin 2D (State Treasury)

1985 Wilga-Abramów 2D (State Treasury)

1989, 1991, 1993-1994 Tłuszcz-Dęblin-Lublin 2D (PGNiG)

1989-1992 Wilga-Abramów 2D (PGNiG)

1992, 1994, 1996 Żelechów-Radzyń Podlaski-Kock 2D (PGNiG)

1993 Żelechów-Radzyń Podlaski 2D (PGNiG)

1995–1997 Ryki-Żyrzyn 2D (PGNiG)

1995 Stężyca 3D (PGNiG)

1998 Radość-Zamość 2D (Apache)

1999 Rycice 2D (Apache)

2003-2004 Pionki-Kazimierz 2D (State Treasury)

2003 Strych-Stężyca 2D (State Treasury)

2004 Pionki-Kazimierz 3D (State Treasury)

2005 Kock-Tarkawica 2D (State Treasury)

2011 Czernic-Ryki 2D (PGNiG)

Benchmark wells (MD)

benchmark wells:

Abramów 1 (4 825,8 m)

| | Dęblin 8 (2 928,1 m) |
| --- | --- |

Dęblin 8 (2 928,1 m)

offset wells:

Stężyca 1 (3 724 m)

6.   Commencement date of activities

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

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

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

| — | Phase I (12 months): analysing and interpreting archival geological data, |
| --- | --- |

—

Phase I (12 months): analysing and interpreting archival geological data,

| — | Phase II (12 months): executing geophysical surveys — 2D seismic test (100 km excitation line) or 3D seismic test (50 km2 excitation area) or drilling one borehole to a maximum depth of 5 000 m, with mandatory coring of prospective intervals, |
| --- | --- |

—

Phase II (12 months): executing geophysical surveys — 2D seismic test (100 km excitation line) or 3D seismic test (50 km2 excitation area) or drilling one borehole to a maximum depth of 5 000 m, with mandatory coring of prospective intervals,

| — | Phase III (24 months): drilling 1 (one) borehole to a maximum depth of 5 000 m, with mandatory coring of prospective intervals, |
| --- | --- |

—

Phase III (24 months): drilling 1 (one) borehole to a maximum depth of 5 000 m, with mandatory coring of prospective intervals,

| — | Phase IV (12 months): analysing the geological data obtained. |
| --- | --- |

—

Phase IV (12 months): analysing the geological data obtained.

8.   Period for which the concession is to be granted

The concession period is 30 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 of 25 years' duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

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

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

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

10.   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

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

The minimum amount of the fee for establishing mining usufruct rights for the ‘Ryki’ area during the five-year base period is PLN 229 400,48 (in words: two hundred and twenty-nine thousand, four hundred zlotys and forty-eight 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 Polish Official Gazette (Monitor Polski) (Article 49h(3)(12) of the Geological and Mining Law Act).

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

| 1. | Bids should specify:






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

1.

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

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

(7)

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

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

(8)

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

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

(9)

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

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

(10)

the scope of the geological information available to the bidder;

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

(11)

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

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

(12)

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

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

(13)

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

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

(14)

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

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

(15)

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

| (16) | 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 geological works, including geological operations, proposed in the cooperation agreement. |
| --- | --- |

(c)

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

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

2.

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






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

3.

(1)

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

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

(2)

proof that a deposit has been lodged;

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

(3)

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

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

(4)

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

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

(5)

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

| (6) | two copies of 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.

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

5.

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

6.

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

7.

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

8.

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

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

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Further clarifications

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Public Information Bulletin (Biuletyn Informacji Publicznej), 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 Geological Data Pack (Pakiet danych geologicznych), which is available on the Ministry of the Environment website (www.gov.pl/web/srodowisko) and from

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

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

Ministry of the Environment

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

fax +48 223692460

---

ANNEX

AGREEMENT

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

concluded at Warsaw on ... 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 69 of 12 June 2017, hereinafter referred to as ‘the State Treasury’,

and

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

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

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of Baranów, Końskowola, Markuszów, Kurów, Żyrzyn, Puławy, Kłoczew, Nowodwór, Ułęż, Stężyca, Abramów and Michów, the urban/rural municipalities of Nałęczów and Ryki and the towns of Puławy and Dęblin in Lubelskie Province, and the municipalities of Trojanów, Garbatka-Letnisko, Sieciechów and Gniewoszów and the urban/rural municipality of Kozienice in Mazowieckie Province, the boundaries of which are defined by lines joining points (1) to (22) having the following coordinates in the PL-1992 coordinate system:







  No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 407 494,46 | 731 105,39 |
| 2 | 398 381,37 | 724 478,08 |
| 3 | 391 027,02 | 724 815,79 |
| 4 | 398 721,51 | 708 533,60 |
| 5 | 406 938,85 | 691 560,89 |
| 6 | 417 513,16 | 683 035,52 |
| 7 | 420 895,35 | 682 945,76 |
| 8 | 420 925,35 | 682 944,96 |
| 9 | 421 010,20 | 685 294,80 |
| 10 | 420 923,26 | 685 271,71 |
| 11 | 420 469,35 | 685 725,44 |
| 12 | 420 460,44 | 686 189,02 |
| 13 | 419 968,31 | 687 320,49 |
| 14 | 419 554,49 | 687 716,99 |
| 15 | 419 553,99 | 688 409,45 |
| 16 | 420 317,35 | 689 664,43 |
| 17 | 420 580,60 | 689 659,36 |
| 18 | 421 133,16 | 688 618,60 |
| 19 | 421 361,48 | 694 639,27 |
| 20 | 424 645,99 | 692 342,61 |
| 21 | 435 143,76 | 691 942,04 |
| 22 | 435 481,97 | 700 604,25 |

1.

No

X [PL-1992]

Y [PL-1992]

1

407 494,46

731 105,39

2

398 381,37

724 478,08

3

391 027,02

724 815,79

4

398 721,51

708 533,60

5

406 938,85

691 560,89

6

417 513,16

683 035,52

7

420 895,35

682 945,76

8

420 925,35

682 944,96

9

421 010,20

685 294,80

10

420 923,26

685 271,71

11

420 469,35

685 725,44

12

420 460,44

686 189,02

13

419 968,31

687 320,49

14

419 554,49

687 716,99

15

419 553,99

688 409,45

16

420 317,35

689 664,43

17

420 580,60

689 659,36

18

421 133,16

688 618,60

19

421 361,48

694 639,27

20

424 645,99

692 342,61

21

435 143,76

691 942,04

22

435 481,97

700 604,25

hereby establishes mining usufruct rights for the Holder of Mining Usufruct Rights in the area described above, limited above by the lower boundary of surface land properties and below at a depth of 5 000 m, provided that the Holder of Mining Usufruct Rights obtains a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Ryki’ area within one year from the date of the Agreement being concluded.

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

2.

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






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

3.

(1)

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

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

(2)

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

| 4. | The surface area of the vertical projection of the area described above is 1 047,73 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended), and decisions issued pursuant thereto. |
| --- | --- |

5.

Section 2

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

Section 3

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

1.

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

2.

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

3.

Section 4

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

Section 5

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

Section 6

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

Section 7

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






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

1.

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

subject to the provisions of paragraph 2.

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

2.

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

3.

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

4.

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

5.

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

6.

| 7. | The Holder of Mining Usufruct Rights shall pay the fee for the mining usufruct rights into the bank account of the Ministry of the Environment at the Warsaw branch of the National Bank of Poland, No 07 1010 1010 0006 3522 3100 0000, including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Ryki’ area’.
  The date of payment shall be the date on which the State Treasury's account is credited. |
| --- | --- |

7.

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

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

8.

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

9.

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

10.

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

11.

Section 8

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

1.

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

2.

Section 9

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

Section 10

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

Section 11

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






  (1) | State Treasury:Ministry of the Environment, ul. Wawelska 52/54, 00-922 Warsaw, Poland |
| --- | --- | --- |

1.

(1)

State Treasury:

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

(2)

Holder of Mining Usufruct Rights:

(address).

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

2.

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

3.

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

4.

Section 12

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

1.

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

2.

Section 13

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

Section 14

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

Section 15

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

Section 16

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

Section 17

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

Section 18

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

Section 19

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

State Treasury

Holder of Mining Usufruct Rights

---

| 19.3.2019 | EN | Official Journal of the European Union | C 105/76 |
| --- | --- | --- | --- |

19.3.2019

EN

Official Journal of the European Union

C 105/76

---

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

(2019/C 105/07)

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

SECTION I: LEGAL BASIS

| 1. | Article 49h(2) of the Geological and Mining Law Act (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended). |
| --- | --- |

1.

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

2.

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

3.

SECTION II: ENTITY INVITING BIDS

Name: Ministry of the Environment

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

Tel. +48 223692449

fax +48 223692460

Website: www.gov.pl/web/srodowisko

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 ‘Wetlina’ area, part of concession block No 477.

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 | 158 815,50 | 739 398,07 |
| 2 | 159 474,24 | 754 616,81 |
| 3 | 141 287,73 | 755 460,15 |
| between points 3 and 4, the boundary of the area covered by the bidding procedure follows the State border |
| 4 | 146 816,39 | 739 917,45 |

Point No

X [PL-1992]

Y [PL-1992]

1

158 815,50

739 398,07

2

159 474,24

754 616,81

3

141 287,73

755 460,15

between points 3 and 4, the boundary of the area covered by the bidding procedure follows the State border

4

146 816,39

739 917,45

The surface area of the vertical projection of the area covered by this bidding procedure is 220,93 km2.

The area covered by the bidding procedure is located in the following municipalities: Cisna, Baligród, Czarna and Lutowiska in Podkarpackie Province.

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

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

Bids must be submitted to the headquarters of the Ministry of the Environment no later than 12:00 CET/CEST on the last day of the 121-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

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

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

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

| 30 % | — | 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions); |
| 20 % | — | scope and schedule 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 schedule 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 (including 5 % for the scope of collaboration, with regard to the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies conducting research into the geology of Poland, and of analytical tools, technologies and methods for prospecting hydrocarbon deposits which take account of the specificity of Polish geological conditions and which may be applied in those conditions);

20 %

—

scope and schedule 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 schedule 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: Wetlina
  location: onshore; concession block 477 |
| --- | --- |
| Type of deposit | conventional and unconventional oil and natural gas deposits |
| Structural levels | Carpathian (Dukla, Fore-Dukla and Silesian units) |
| Petroleum systems | I — Carpathian conventional
  II — Carpathian unconventional |
| Source rocks | I, II – Menilite beds, Cieszyn shales, Wierzowice and Spas beds,
  upper Istebna shales, unexplored substrate rock |
| Reservoir rocks | I, II — sandstones of Krosno and Menilite beds |
| Seal rocks | I, II — fine-grained formations of the Dukla, Fore-Dukla and Silesian units |
| Thickness of overburden | I, II — 250-1 800 m |
| Trap type | I — structural, stratigraphic, lithological
  II — unconventional tight |
| Deposits identified in the vicinity (NG — natural gas; O — oil) | Wetlina (NG) — deposits not exploited; off-balance reserves and resources in 2016: 73 million m3 natural gas
  Zatwarnica (O) — production in 2016: 110 tonnes oil and 10 000 m3 natural gas; balance-sheet reserves and resources in 2016: 1 370 tonnes oil and 200 000 m3 natural gas; industrial resources in 2016: 440 tonnes oil |
| Seismic surveys completed (rightholder) | 1976 — Bieszczady, W0050175 (State Treasury) |
| Benchmark wells (MD) | Wetlina IG-1 (3 079,0 m)
  Wetlina IG-2 (3 300,0 m)
  Wetlina IG-3 (2 049,5 m)
  Wetlina 4 (1 940,0 m)
  Wetlina 5 (3 008,0 m)
  Wetlina 6 (2 100,0 m)
  Wetlina 7 (3 458,0 m) |

Concession data

name of area: Wetlina

location: onshore; concession block 477

Type of deposit

conventional and unconventional oil and natural gas deposits

Structural levels

Carpathian (Dukla, Fore-Dukla and Silesian units)

Petroleum systems

I — Carpathian conventional

II — Carpathian unconventional

Source rocks

I, II – Menilite beds, Cieszyn shales, Wierzowice and Spas beds,

upper Istebna shales, unexplored substrate rock

Reservoir rocks

I, II — sandstones of Krosno and Menilite beds

Seal rocks

I, II — fine-grained formations of the Dukla, Fore-Dukla and Silesian units

Thickness of overburden

I, II — 250-1 800 m

Trap type

I — structural, stratigraphic, lithological

II — unconventional tight

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

Wetlina (NG) — deposits not exploited; off-balance reserves and resources in 2016: 73 million m3 natural gas

Zatwarnica (O) — production in 2016: 110 tonnes oil and 10 000 m3 natural gas; balance-sheet reserves and resources in 2016: 1 370 tonnes oil and 200 000 m3 natural gas; industrial resources in 2016: 440 tonnes oil

Seismic surveys completed (rightholder)

1976 — Bieszczady, W0050175 (State Treasury)

Benchmark wells (MD)

Wetlina IG-1 (3 079,0 m)

Wetlina IG-2 (3 300,0 m)

Wetlina IG-3 (2 049,5 m)

Wetlina 4 (1 940,0 m)

Wetlina 5 (3 008,0 m)

Wetlina 6 (2 100,0 m)

Wetlina 7 (3 458,0 m)

6)   Commencement date of activities

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

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

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

| — | Phase I (12 months): interpreting and analysing archival geological data; |
| --- | --- |

—

Phase I (12 months): interpreting and analysing archival geological data;

| — | Phase II (12 months): geophysical surveys — 2D seismic test (90 km excitation line) or 3D seismic test (45 km2 excitation area); |
| --- | --- |

—

Phase II (12 months): geophysical surveys — 2D seismic test (90 km excitation line) or 3D seismic test (45 km2 excitation area);

| — | Phase III (24 months): drilling one borehole to a maximum depth of 5 000 m, with mandatory coring of prospective intervals; |
| --- | --- |

—

Phase III (24 months): drilling one borehole to a maximum depth of 5 000 m, with mandatory coring of prospective intervals;

| — | Phase IV (12 months): analysing the data obtained |
| --- | --- |

—

Phase IV (12 months): analysing the data obtained

8)   Period for which the concession is to be granted

The concession period is 30 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 of 25 years' duration, starting from the date on which an investment decision is obtained. |
| --- | --- |

—

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

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

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

10)   Model agreement on the establishment of mining usufruct rights

The model agreement is attached as an annex hereto.

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

The minimum amount of the fee for establishing mining usufruct rights for the ‘Wetlina’ area during the five-year base period is PLN 48 372,62 (in words: forty-eight thousand, three hundred and seventy-two zlotys and sixty-two 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 Polish Official Gazette (Monitor Polski) (Article 49h(3)(12) of the Geological and Mining Law Act).

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

| 1. | Bids should specify:






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

1.

1)

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

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

2)

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

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

3)

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

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

4)

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

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

5)

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

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

6)

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

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

7)

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

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

8)

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

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

9)

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

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

10)

the scope of the geological information available to the bidder;

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

11)

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

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

12)

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

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

13)

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

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

14)

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

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

15)

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

| 16) | 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 geological works, including geological operations, proposed in the cooperation agreement. |
| --- | --- |

(c)

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

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

2.

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






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

3.

1)

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

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

2)

proof that a deposit has been lodged;

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

3)

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

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

4)

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

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

5)

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

| 6) | two copies of 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.

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

5.

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

6.

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

7.

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

8.

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

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

SECTION IV: ADMINISTRATIVE INFORMATION

IV.1)   Bid evaluation committee

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

IV.2)   Further clarifications

Within 14 days from the date of publication of the notice, an interested entity may request the concession authority to provide explanations concerning the detailed bid specifications. Within 14 days from the receipt of the request, the concession authority will publish the explanations in the Public Information Bulletin (Biuletyn Informacji Publicznej), 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 Geological Data Pack (Pakiet danych geologicznych), which is available on the Ministry of the Environment website (www.gov.pl/web/srodowisko) and from:

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

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

Ministry of the Environment

ul. Wawelska 52/54

00-922 Warszawa/Warsaw

POLSKA/POLAND

Tel. +48 223692449

fax +48 223692460

---

ANNEX

AGREEMENT

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

concluded at Warsaw on ... 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 69 of 12 June 2017, hereinafter referred to as ‘the State Treasury’,

and

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

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

worded as follows:

Section 1

| 1. | The State Treasury, as exclusive owner of the substrata of the Earth's crust covering the area within the municipalities of: Cisna, Baligród, Lutowiska and Czarna in Podkarpackie Province, the boundaries of which are defined by lines joining points (1) to (4) having the following coordinates in the PL-1992 coordinate system:







  No | X [PL-1992] | Y [PL-1992] |
| --- | --- | --- | --- |
| 1 | 158 815,50 | 739 398,07 |
| 2 | 159 474,24 | 754 616,81 |
| 3 | 141 287,73 | 755 460,15 |
| between points 3 and 4, the boundary follows the state border |
| 4 | 146 816,39 | 739 917,45 |

1.

No

X [PL-1992]

Y [PL-1992]

1

158 815,50

739 398,07

2

159 474,24

754 616,81

3

141 287,73

755 460,15

between points 3 and 4, the boundary follows the state border

4

146 816,39

739 917,45

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

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

2.

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






  1. | in Cretaceous and Palaeogene formations, carry out activities relating to the prospection and exploration of oil and natural gas deposits; |
| --- | --- | --- |

3.

1.

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

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

2.

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

| 4. | The surface area of the vertical projection of the area described above is 220,93 km2. |
| --- | --- |

4.

| 5. | The mining usufruct rights shall entitle the Holder of Mining Usufruct Rights to use the area specified in paragraph 1 on an exclusive basis for the prospection and exploration of oil and natural gas deposits, as well as for carrying out all operations and activities necessary for this purpose within that area in accordance with the legislation in force, in particular the Geological and Mining Law Act of 9 June 2011 (Journal of Laws (Dziennik Ustaw) 2017, item 2126, as amended), and decisions issued pursuant thereto. |
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5.

Section 2

The Holder of Mining Usufruct Rights declares that it raises no objections to the factual and legal status of the subject of the mining usufruct rights.

Section 3

| 1. | The Agreement shall take effect on the date on which the concession is obtained. |
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1.

| 2. | The mining usufruct rights shall be established for a period of 30 years, including five years for the prospection and exploration phase and 25 years for the extraction phase, subject to Sections 8(2) and 10. |
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2.

| 3. | The mining usufruct rights shall expire if the concession expires, is withdrawn or becomes invalid, irrespective of the reason. |
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3.

Section 4

The Holder of Mining Usufruct Rights undertakes to notify the State Treasury in writing of any changes resulting in a change of name, registered office and address or organisational form, changes in registration and identification numbers, the transfer of the concession to another entity by operation of law, the filing of a bankruptcy petition, the declaration of bankruptcy or the initiation of restructuring proceedings. The State Treasury may require that the necessary explanations be provided in such cases. Notification shall take place within 30 days from the date on which the circumstances referred to above occur.

Section 5

The Agreement shall be without prejudice to the rights of third parties, in particular owners of land, and shall not release the Holder of Mining Usufruct Rights from the need to comply with the requirements provided for by law, in particular those relating to the prospection and exploration of minerals and the protection and use of environmental resources.

Section 6

The State Treasury reserves the right to establish within the area referred to in Section 1(1) mining usufruct rights for the purpose of carrying out activities other than those specified in the Agreement, in a manner which does not infringe the rights of the Holder of Mining Usufruct Rights.

Section 7

| 1. | The Holder of Mining Usufruct Rights shall pay the State Treasury the following fee for the mining usufruct rights in the area specified in Section 1(1) for each year of the prospection and exploration phase of mining usufruct (counted as 12 consecutive months):






  a) | PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct; |
| --- | --- | --- |

1.

a)

PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct;

| b) | PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct; |
| --- | --- |

b)

PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct;

| c) | PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct; |
| --- | --- |

c)

PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct;

| d) | PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct; |
| --- | --- |

d)

PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct;

| e) | PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct, |
| --- | --- |

e)

PLN ... (amount) (in words: ... zlotys) for the ... (specify in words the ordinal number) year of usufruct, counting from the date on which the Agreement took effect, within 30 days from the beginning of that year of mining usufruct,

subject to the provisions of paragraph 2.

| 2. | If the date for payment of the fee due for a given year of mining usufruct falls between 1 January and 1 March, the Holder of Mining Usufruct Rights shall pay the fee by 1 March. However, if the fee is subject to indexation in accordance with paragraphs 3 to 5, the Holder of Mining Usufruct Rights shall pay it no earlier than the date on which the index referred to in paragraph 3 is announced, after taking that index into account. |
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2.

| 3. | The fee specified in paragraph 1 shall be indexed to the average annual consumer price indices set for the period from the conclusion of the Agreement until the year preceding the date for payment of the fee, as announced by the President of the Central Statistical Office in the Polish Official Gazette (Monitor Polski). If this index for a given year is less than or equal to zero, there shall be no indexation for that year. |
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3.

| 4. | If the date for payment of the fee falls in the same calendar year as that in which the Agreement was concluded, the fee shall not be indexed. |
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4.

| 5. | If the Agreement was concluded and took effect in the year preceding the year in which the date for payment of the fee falls, the fee shall not be indexed if the Holder of Mining Usufruct Rights pays it by the end of the calendar year in which the Agreement is concluded and takes effect. |
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5.

| 6. | If the Holder of Mining Usufruct Rights loses the mining usufruct rights established under the Agreement before the time limit specified in Section 3(2) expires, the Holder of Mining Usufruct Rights shall be required to pay the fee for the entire year of usufruct in which these rights were lost. If, however, the mining usufruct rights are lost as a result of the concession being withdrawn or for the reasons specified in Section 10(1), (3) or (4), the Holder of Mining Usufruct Rights shall pay the fee for the entire usufruct period specified in Section 3(1) and (2), indexed in accordance with paragraph 3 and without prejudice to the contractual penalty referred to in Section 10(2). The fee shall be paid within 30 days from the date on which the mining usufruct rights were lost. The loss of usufruct rights shall not release the Holder of Mining Usufruct Rights from environmental obligations relating to the subject of the mining usufruct rights, in particular obligations relating to the protection of deposits. |
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6.

| 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, including the following communication on the transfer order: ‘Establishment of mining usufruct rights in connection with the granting of a concession for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the “Wetlina” area’.
  The date of payment shall be the date on which the State Treasury's account is credited. |
| --- | --- |

7.

The date of payment shall be the date on which the State Treasury's account is credited.

| 8. | The fee specified in paragraph 1 shall not be subject to tax on goods and services (VAT). If legislation is amended with the result that the activities which are the subject of the Agreement are subject to taxation, or if the interpretation of legislation changes with the result that those activities are subject to VAT, the amount of the fee shall be increased by the amount of tax due. |
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8.

| 9. | The State Treasury shall notify the Holder of Mining Usufruct Rights in writing of changes in the number of the account referred to in paragraph 7. |
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9.

| 10. | The fee for the establishment of mining usufruct rights shall be payable to the State Treasury irrespective of the income which the Holder of Mining Usufruct Rights earns from using those rights. |
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10.

| 11. | The Holder of Mining Usufruct Rights shall send the State Treasury, within seven days from the payment date, copies of proof of payment of the fee referred to in paragraph 1 for the establishment of the mining usufruct rights. |
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11.

Section 8

| 1. | After the Holder of Mining Usufruct Rights obtains an investment decision specifying the conditions for the extraction of oil or natural gas, the Parties shall, within 30 days from the date of that decision, sign an addendum to the Agreement specifying the conditions for the implementation of the Agreement during the extraction phase and the amount of the fee for mining usufruct rights in the area specified in Section 1(1) for each year of mining usufruct during the extraction phase. |
| --- | --- |

1.

| 2. | If, within 30 days of the date of the investment decision specifying the conditions for the extraction of oil or natural gas the addendum referred to in paragraph 1 has not been concluded, the mining usufruct rights shall expire. |
| --- | --- |

2.

Section 9

The Holder of Mining Usufruct Rights may exercise the mining usufruct rights established in Section 1(1) only after obtaining written consent from the State Treasury.

Section 10

| 1. | If the Holder of Mining Usufruct Rights infringes obligations laid down in the Agreement, the State Treasury may, subject to the provisions of paragraphs 3 and 4, terminate the Agreement with immediate effect, without the Holder of Mining Usufruct Rights being entitled to make any property claims. However, the Agreement may not be terminated if the Holder of Mining Usufruct Rights has infringed obligations under the Agreement owing to force majeure. |
| --- | --- |

1.

| 2. | If the Agreement is terminated for the reasons specified in paragraphs 1 or 4, the Holder of Mining Usufruct Rights shall pay the State Treasury a contractual penalty of 25 % of the fee for the entire prospection and exploration phase of mining usufruct, as specified in Section 3(1) and (2), indexed in accordance with Section 7(3). |
| --- | --- |

2.

| 3. | If the Holder of Mining Usufruct Rights delays payment of the fee by more than seven days beyond the deadlines specified in Section 7(1) or (2), the State Treasury shall request the Holder of Mining Usufruct Rights to pay the outstanding fee within seven days from the receipt of the request, failing which the Agreement will be terminated with immediate effect. |
| --- | --- |

3.

| 4. | If the Holder of Mining Usufruct Rights fails to inform the State Treasury of the events referred to in Section 4 within 30 days of their occurrence, the State Treasury may impose on the Holder of Mining Usufruct Rights a contractual penalty of 5 % of the fee for the entire prospection and exploration phase of mining usufruct for each instance of failure to provide information, or terminate the Agreement in whole or in part, subject to 30 days' notice effective at the end of the calendar month. |
| --- | --- |

4.

| 5. | The Holder of Mining Usufruct Rights shall be bound by the Agreement until the date of expiry, withdrawal or invalidity of the concession and may not terminate the Agreement. |
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5.

| 6. | The Agreement shall be terminated in writing, failing which the termination will be invalid. |
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6.

| 7. | The Parties agree that if the State Treasury terminates the Agreement, the fee paid for the mining usufruct rights referred to in Section 7(1) shall not be reimbursed. |
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7.

| 8. | The State Treasury reserves the right to seek compensation in excess of the amount of contractual penalties on general terms if the amount of damage incurred by the State Treasury exceeds the contractual penalties. |
| --- | --- |

8.

Section 11

| 1. | The Parties have provided the following contact details for any correspondence:






  1) | State Treasury:
  Ministerstwo Środowiska (Ministry of the Environment), ul. Wawelska 52/54, 00-922 Warsaw, Poland; |
| --- | --- | --- |

1.

1)

State Treasury:

Ministerstwo Środowiska (Ministry of the Environment), ul. Wawelska 52/54, 00-922 Warsaw, Poland;

| 2) | Holder of Mining Usufruct Rights:
  (address). |
| --- | --- |

2)

Holder of Mining Usufruct Rights:

(address).

| 2. | The Parties are obliged to inform each other in writing without delay of any change to the contact details indicated in paragraph 1. Such a change shall not require an addendum to the Agreement. Correspondence sent to a Party's most recently provided contact details shall be deemed to have been effectively served on the other Party. |
| --- | --- |

2.

| 3. | Each of the Parties shall serve correspondence on the other Party in person, by courier or by registered letter using the contact details most recently provided by the Party. |
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3.

| 4. | Registered letters sent to the most recently provided address of a Party and returned by the post office or courier company owing to the addressee not having collected it on time shall be treated as having been effectively served once fourteen days have passed from the first delivery attempt. |
| --- | --- |

4.

Section 12

| 1. | The Parties shall not be liable for failure to comply with obligations under the Agreement resulting from force majeure if it can be proven that damage caused by force majeure influenced the failure to comply with the obligations. ‘Force majeure’ shall mean an external event that the Parties could not have predicted or prevented that makes it impossible for the Agreement to be implemented in whole or in part, permanently or for a given period, which a Party could not have counteracted by exercising due diligence and which did not result from errors or negligence on the part of the Party affected by it. |
| --- | --- |

1.

| 2. | In the event of force majeure, the Parties shall immediately make every effort to agree on a course of action. |
| --- | --- |

2.

Section 13

The Holder of Mining Usufruct Rights may apply for extension of the Agreement, in whole or in part, and must do so in writing, failing which the application will be invalid.

Section 14

If the Agreement is terminated, the Holder of Mining Usufruct Rights shall not be entitled to make any claims against the State Treasury for an increase in the value of the subject of the mining usufruct rights.

Section 15

Any disputes arising out of the Agreement shall be resolved by the ordinary court having geographical jurisdiction over the seat of the State Treasury.

Section 16

This Agreement shall be governed by Polish law, in particular the provisions of the Geological and Mining Law Act and of the Civil Code.

Section 17

The Holder of Mining Usufruct Rights shall bear the costs of concluding the Agreement.

Section 18

Amendments to the Agreement shall be made in writing, failing which they will be invalid.

Section 19

The Agreement has been drawn up in three identical copies (one copy for the Holder of Mining Usufruct Rights and two copies for the Minister for the Environment).

State Treasury

Holder of Mining Usufruct Rights

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