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

(2021/C 8/04)

Notice of concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas

SECTION I: LEGAL BASIS

1. Article 49ec(2) of the Geological and Mining Law Act of 9 June 2011 (Journal of Laws ( Dziennik Ustaw ) 2020, item 1064, as amended)

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

SECTION II: ENTITY INVITING BIDS

Name: Ministry of Climate and the Environment

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

Tel. +48 223692449; Fax +48 223692460

Website: www.gov.pl/web/klimat

SECTION III: SUBJECT OF THE PROCEDURE

1. Information on the submission of concession applications

A concession application for the prospection and exploration of oil and natural gas deposits and the extraction of oil and natural gas in the ‘Krotoszyn’ area has been submitted to the concession authority.

2. 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 ‘Krotoszyn’ area, parts of concession blocks Nos 247, 248, 266, 267, 268, 287 and 288.

3. Area within which the activities are to be conducted

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

No X [PL-1992] Y [PL-1992] 1 444 004,578 401 116,324 2 411 291,145 398 837,125 3 411 139,284 401 611,052 4 410 688,71 401 046,02 5 408 417,99 400 777,71 6 407 493,28 399 102,34 7 406 136,02 398 998,28 8 405 095,26 398 514,88 9 403 182,93 398 360,99 10 402 987,27 398 877,87 11 403 063,88 399 689,49 12 403 887,83 400 207,14 13 403 903,64 400 978,83 14 405 490,81 401 973,65 15 405 326,4 402 491,01 16 405 453,3 403 939,31 17 405 681,16 404 965,3 18 406 169,16 405 302,1 19 406 910,68 405 296,64 20 407 654,72 405 156,34 21 408 516,53 405 326,56 22 409 729,6 403 249,64 23 410 207,27 404 125,44 24 411 004,69 404 069,584 25 409 718,811 427 557,726 26 397 782,764 427 154,711 27 398 568,726 397 598,478 28 399 504,466 395 681,721 29 412 893,414 369 569,158 30 418 229,25 361 319,922 31 424 148,691 361 484,13 32 423 703,023 378 762,173 33 425 468,067 378 804,559 34 433 562,421 390 123,344 35 443 977,152 391 724,778

with the exception of areas Nos 1-2, bounded by lines joining the following coordinates in the PL-1992 coordinate system:

area No 1:

No X [PL-1992] Y [PL-1992] 1 411 841,09 388 795,82 2 411 773,93 390 022,65 3 412 230,65 391 534,72 4 414 099,85 390 405,72 5 413 340,09 387 890,42

area No 2:

No X [PL-1992] Y [PL-1992] 1 407 503,919 396 126,391 2 406 323,61 396 842,96 3 406 377,47 397 692,844 4 406 530,928 398 166,745 5 407 222,003 398 323,128 6 407 522,91 398 320,743 7 407 941,487 398 119,549 8 408 648,481 397 294,059 9 408 195,386 396 729,596

The surface area of the vertical projection of the area is 1 189,17338 km2.

Administrative location:

Wielkopolskie Province,

Rawicz District: the rural municipality of Pakosław; the urban-rural municipalities of Miejska Górka and Jutrosin;

Krotoszyn District: the rural municipality of Rozdrażew; the urban-rural municipalities of Kobylin, Zduny, Krotoszyn and Koźmin Wielkopolski; the urban municipality of Sulmierzyce;

Ostrów District: the rural municipalities of Sośnie, Przygodzice and Ostrów Wielkopolski; the urban-rural municipality of Odolanów;

Ostrzeszów District: the rural municipality of Kobyla Góra; the urban-rural municipalities of Mikstat and Ostrzeszów;

Pleszew District: the urban-rural municipality of Dobrzyca;

Dolnośląskie Province,

Milicz District: the rural municipalities of Cieszków and Krośnice; the urban-rural municipality of Milicz;

Oleśnica District: the urban-rural municipality of Twardogóra.

4. Deadline for the submission of concession applications by other entities interested in the activity for which the concession is to be granted, not less than 90 days from the date of publication of the notice in the Official Journal of the European Union

Concession applications must be submitted to the Ministry of Climate and the Environment no later than 12.00 noon (CET/CEST) on the last day of the 90-day period commencing on the day following the date of publication of the notice in the Official Journal of the European Union.

5. Assessment criteria for concession applications and specification of their weighting, set with due regard to Article 49k(1), (1a) and (3) of the Geological and Mining Law Act

Applications received will be assessed on the basis of the following criteria:

30 % —scope and schedule of the geological works, including geological operations, or mining operations proposed; 20 % —scope and schedule of the mandatory collection of samples obtained during geological operations, including drill cores; 20 % —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; 20 % —the proposed technology for conducting geological works, including geological operations, or mining operations; 5 % —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 2 % 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 active in research into the geology of Poland and analytical tools, technologies and methods for prospecting hydrocarbon deposits that take account of the specificity of Polish geological conditions and that may be applied in those conditions, included in the list of scientific bodies referred to in Article 49k(1) of the Geological and Mining Law Act); 5 % —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.

If, following the evaluation of applications 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.

SECTION IV: ADDITIONAL INFORMATION

IV.1) Applications should be sent to the following address:

Ministerstwo Klimatu i Środowiska [Ministry of Climate and the Environment] Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department] ul. Wawelska 52/54 00-922 Warszawa/Warsaw POLSKA/POLAND

IV.2) Information may be obtained from:

— the website of the Ministry of Climate and the Environment:https://www.gov.pl/web/klimat

— Departament Geologii i Koncesji Geologicznych [Geology and Geological Concessions Department] Ministerstwo Klimatu i Środowiska [Ministry of Climate and the Environment] ul. Wawelska 52/54 00-922 Warszawa/Warsaw POLSKA/POLAND Tel. +48 223692449, fax +48 223692460 Email: DGK@klimat.gov.pl

IV.3) Qualification decision:

Concession applications 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(17) of the Geological and Mining Law Act.

IV.4) Minimum fee for establishing mining usufruct rights:

The minimum amount of the fee for establishing mining usufruct rights for the ‘Krotoszyn’ area during the five-year base period of the prospection and exploration phase is PLN 272 499,08 (two hundred and seventy-two thousand, four hundred and ninety-nine zlotys, 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).

IV.5) Granting of the concessions and establishment of mining usufruct

The concession authority, having obtained the opinions or agreements required under the Geological and Mining Law Act, will grant concessions for the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons:

1) to the entity whose concession application has been awarded the highest score; or

2) where a concession application submitted jointly by several entities is awarded the highest score, to the parties to the cooperation agreement – once that agreement has been submitted to the concession authority;

and, at the same time, will not grant concessions to other entities (Article 49ee(1) of the Geological and Mining Law Act).

The concession authority will conclude a mining usufruct contract with the entity whose concession application has been awarded the highest score and, where a concession application submitted jointly by several entities is awarded the highest score, with all entities which submitted the joint application (Article 49ee(2) of the Geological and Mining Law Act). In order to be able to carry out activities involving the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons in Poland, an operator must hold both mining usufruct rights and a concession.

IV.6) Requirements to be met by concession applications and documents required from applicants

Article 49eb of the Geological and Mining Law Act specifies the component parts of the concession application.

The geological age of the formations where geological works will be carried out (geological purpose) should be indicated as the purpose of the works, including geological operations.

IV.7) Minimum deposit exploration category

Category C is the minimum exploration category for oil and natural gas deposits in the ‘Krotoszyn’ area.