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 390/05)

Notice of concession application for the prospection, exploration and extraction of methane contained in hard coal deposits

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: Ministerstwo Klimatu i Środowiska [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, exploration and extraction of methane contained in the Moszczenica hard coal deposit has been submitted to the concession authority.

2. Type of activities for which the concession is to be granted

The prospection, exploration and extraction of methane contained in the Moszczenica hard coal deposit.

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-2000/6 coordinate system:

No X [PL-2000/6] Y [PL-2000/6] 1 5 536 182,45 6 537 555,02 2 5 534 963,32 6 537 566,01 3 5 533 784,92 6 539 829,49 4 5 536 110,36 6 541 152,15 5 5 535 734,19 6 543 029,12 6 5 535 025,70 6 542 901,33 7 5 533 132,22 6 542 559,80 8 5 532 938,01 6 539 390,94 9 5 532 375,43 6 538 685,84 10 5 532 812,68 6 536 464,02 11 5 533 787,24 6 536 946,60 12 5 534 806,71 6 537 055,29

The surface area of the vertical projection of the area is 13,092081 km2.

Administrative location:

Śląskie Province;

Districts: Jastrzębie-Zdrój (town with district status) and Wodzisław district;

Municipalities: Jastrzębie-Zdrój, Mszana and Godów.

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 180-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 and weightings for concession applications, 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 proposed geological works, including geological operations, or mining operations; 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 the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons from those deposits 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 the prospection and exploration of hydrocarbon deposits and the extraction of hydrocarbons from those deposits and, in particular, the availability of appropriate technical, organisational, logistical and human resources potential (including 2% for collaboration on the development and implementation of innovative solutions for the prospection, exploration and extraction of hydrocarbons, with scientific bodies included in the list referred to in Article 49ka(1) of the Geological and Mining Law Act and active in research into the geology of Poland and into analytical tools, technologies and methods of prospecting for hydrocarbon deposits that take account of the specificity of Polish geological conditions and that may be applied in those conditions); 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

— the 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 225792449, Fax +48 225792460 Email: sekretariat.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 fee for establishing mining usufruct rights for the Moszczenica area during the five-year base period of the prospection and exploration phase is PLN 6 000,00 (six thousand zlotys) 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 (Polish Official Gazette).

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

The concession authority, having obtained the opinions or agreements required under the Geological and Mining Law Act, will grant a concession 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 decline to grant concessions to the 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; where a concession application submitted jointly by several entities is awarded the highest score, it will conclude such a contract with all the 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 age of the geological formations (geological purpose) where geological works will be carried out should be indicated as the purpose of the works, including geological operations.

IV.7) Minimum deposit exploration category

The minimum exploration category for methane contained in the Moszczenica hard coal deposit is category C.