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
Date: 2018-12-12
Institutions: Poland
Subjects: Poland, Pomerania, extraction of oil, hydrocarbon, petroleum exploration, public contract, security of supply








C_2018448EN.01001301.xml










12.12.2018   


EN


Official Journal of the European Union


C 448/13






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
(2018/C 448/02)

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 ‘BYTÓW’ 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)












2.


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












3.


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




SECTION II: ENTITY INVITING BIDS





Name: Ministry of the Environment




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




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




Website: www.mos.gov.pl




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 ‘Bytów’ area, parts of concession blocks Nos 47, 48, 67, and 68.
(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:







No


X


Y




1


715 916,10 


395 018,18 




2


715 477,11 


420 841,77 




3


710 216,13 


420 752,34 




4


709 996,53 


434 739,13 




5


709 994,91 


434 842,34 




6


682 184,52 


434 676,55 




7


682 361,03 


425 652,51 




The surface area of the vertical projection of the area covered by this bidding procedure is 732,86 km2.
The area covered by the bidding procedure is located in the following:






—


municipalities: Czarna Dąbrówka, Parchowo, Studzienice, Sierakowice, Sulęczyno, Stężyca, Chmielno, Dziemiany, Lipusz, Kościerzyna, Stara Kiszewa and Dębnica Kaszubska;










—


urban municipality: Bytów; and










—


the town of Kościerzyna in Pomorskie Province.




The aim of the works to be carried out in Cambrian, Ordovician and Silurian 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 the 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: Bytów
location: onshore; concession blocks 47, 48, 67 and 68




Type of deposit


unconventional deposits of natural gas in Lower Paleozoic shales and conventional deposits of natural gas in Lower Paleozoic formations




Structural levels


Cenozoic
Permian-Mesozoic
Lower Paleozoic
Precambrian




Petroleum systems


I — unconventional
II — conventional




Source rocks


I — Silurian and Ordovician mudstones and claystones
II — Cambrian mudstone-clayey intrusions
and overlying Silurian and Ordovician mudstones and claystones




Reservoir rocks


I — Silurian and Ordovician mudstones and claystones
II — Lower and Middle Cambrian sandstones




Seal rocks


I — Upper Silurian rocks (Ludlow and Pridoli) and Zechstein evaporites
II — Silurian and Ordovician mudstones and claystones and Zechstein evaporites




Thickness of overburden


I — from approx. 3 700  m (Bytów IG 1) to approx. 4 000  m (Kościerzyna IG 1, Gapowo B-1)
II — approx. 4 250  m (Gapowo B-1)




Trap type


I — unconventional
II — structural, stratigraphic




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


I — no shale gas deposits
II — no natural gas deposits, but deposits which have been identified in this interval include:
‘Żarnowiec W’ (O) — documented in 1990; production in 2016: 60 tonnes; reserves and resources: 17 750  tonnes (industrial: 3 780  tonnes)
‘Dębki-Żarnowiec’ (O, two separate deposits since 1995, for which aggregate data are given here) — production in 2016: 630 tonnes; reserves and resources: 50 320  tonnes (industrial: 9 700  tonnes)
‘Białogóra E’ (O), — documented in 1995; production in 2016: nil; reserves and resources: nil (industrial: 380 tonnes)




Seismic surveys completed (rightholder)


2012 — seven 2D survey profiles (Indiana Investments Sp. z o. o.)
one partial profile survey — PolandSPAN (ION)




Wells (MD)


benchmark wells:
Bytów IG 1 (2 569,70  m);
Gapowo B-1/1 A (4 299,79  m)
offset wells:
Kościerzyna IG 1 (5 202,00  m);
Lębork IG 1 (3 310,00  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 II (12 months): geophysical surveys — 2D seismic test (100 km excitation line) or 3D seismic test (50 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 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 5 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.




(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 ‘Bytów’ area during the five-year base period is PLN 160 459,70 (in words: one hundred and sixty thousand, four hundred and fifty-nine zlotys, seventy 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;










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;










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;










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;










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;










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;










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;










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;










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;










(b)


the operator;










(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.












3.


The following documents are to be enclosed with bids:






1)


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










2)


proof that a deposit has been lodged;










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;










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.
















4.


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












5.


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












6.


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












7.


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












8.


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




(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 fourteen 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 fourteen 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]




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 ‘Bytów’ 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: Czarna Dąbrówka, Parchowo, Studzienice, Sierakowice, Sulęczyno, Stężyca, Chmielno, Dziemiany, Lipusz, Kościerzyna, Stara Kiszewa and Dębnica Kaszubska; the urban municipality of: Bytów; and the town of: Kościerzyna in Pomorskie Province, the boundaries of which are defined by lines joining points (1) to (7) having the following coordinates in the PL-1992 coordinate system:







No


X


Y




1


715 916,10 


395 018,18 




2


715 477,11 


420 841,77 




3


710 216,13 


420 752,34 




4


709 996,53 


434 739,13 




5


709 994,91 


434 842,34 




6


682 184,52 


434 676,55 




7


682 361,03 


425 652,51 




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 ‘Bytów’ 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.












3.


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






1)


in Cambrian, Ordovician and Silurian 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 Cambrian, Ordovician and Silurian formations.
















4.


The surface area of the vertical projection of the area described above is 732,86 km2.












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.





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.












2.


The mining usufruct rights shall be established for a period of 30 years, including 5 years for the prospection and exploration phase and 25 years for the extraction phase, subject to Sections 8(2) and 10.












3.


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





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;










(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;










(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;










—


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.












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.












4.


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












5.


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












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.












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, giving the following message 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 “Bytów” area’.
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.












9.


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












10.


The 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.












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.





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.












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.





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 due to force majeure.












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).












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.












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.












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.












6.


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












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.












8.


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





Section 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;










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.












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.












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 14 days have passed from the first delivery attempt.





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.












2.


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





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