ISSN 1977-091X |
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Official Journal of the European Union |
C 187 |
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English edition |
Information and Notices |
Volume 60 |
Notice No |
Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2017/C 187/01 |
Non-opposition to a notified concentration (Case M.8223 — Micro Focus/HPE Software Business) ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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Council |
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2017/C 187/02 |
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2017/C 187/03 |
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European Commission |
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2017/C 187/04 |
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2017/C 187/05 |
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NOTICES FROM MEMBER STATES |
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2017/C 187/06 |
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2017/C 187/07 |
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2017/C 187/08 |
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2017/C 187/09 |
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2017/C 187/10 |
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2017/C 187/11 |
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2017/C 187/12 |
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2017/C 187/13 |
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2017/C 187/14 |
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2017/C 187/15 |
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2017/C 187/16 |
United Kingdom Government notice concerning European Parliament and Council Directive 94/22/EC on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons ( 1 ) |
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V Announcements |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2017/C 187/17 |
Notice of the impending expiry of certain anti-dumping measures |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2017/C 187/18 |
Prior notification of a concentration (Case M.8485 — Hitachi Group/Honda/JV) — Candidate case for simplified procedure ( 1 ) |
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2017/C 187/19 |
Prior notification of a concentration (Case M.8222 — Knorr-Bremse/Haldex) ( 1 ) |
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2017/C 187/20 |
Prior notification of a concentration (Case M.8482 — ABB/B&R) — Candidate case for simplified procedure ( 1 ) |
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OTHER ACTS |
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European Commission |
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2017/C 187/21 |
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(1) Text with EEA relevance. |
EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/1 |
Non-opposition to a notified concentration
(Case M.8223 — Micro Focus/HPE Software Business)
(Text with EEA relevance)
(2017/C 187/01)
On 8 March 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:
— |
in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8223. EUR-Lex is the online access to European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/2 |
Notice for the attention of the persons and entities subject to the restrictive measures provided for in Annex II to Council Decision (CFSP) 2016/849, as amended by Council Decision (CFSP) 2017/994, concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP
(2017/C 187/02)
The following information is brought to the attention of the persons and entities that appear in Annex II to Council Decision (CFSP) 2016/849 (1) as amended by Council Decision (CFSP) 2017/994 (2) concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP.
The Council of the European Union has determined that the restrictive measures provided for in Decision (CFSP) 2016/849, as amended by Decision (CFSP) 2017/994, should continue to apply to the persons and entities designated in Annex II to Decision (CFSP) 2016/849. The grounds for listing of those persons and entities are set out in that Annex.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex II to Council Regulation (EC) No 329/2007 (3), in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, before 15 January 2018, to the following address:
Council of the European Union |
General Secretariat |
DG C 1C |
Rue de la Loi/Wetstraat 175 |
1048 Bruxelles/Brussel |
BELGIQUE/BELGIË |
E-mail: sanctions@consilium.europa.eu |
Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 36(2) of Decision (CFSP) 2016/849.
(1) OJ L 141, 28.5.2016, p. 79.
(2) OJ L 149, 13.6.2017, p. 75.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/3 |
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea apply
(2017/C 187/03)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EC) No 329/2007 (2).
The controller of this processing operation is the Council of the European Union represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:
Council of the European Union |
General Secretariat |
DG C 1C |
Rue de la Loi/Wetstraat 175 |
1048 Bruxelles/Brussel |
BELGIQUE/BELGIË |
E-mail: sanctions@consilium.europa.eu |
The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EC) No 329/2007.
The data subjects are the natural persons who fulfil the listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.
(3) OJ L 296, 21.9.2004, p. 16.
European Commission
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/4 |
Euro exchange rates (1)
12 June 2017
(2017/C 187/04)
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,1221 |
JPY |
Japanese yen |
123,30 |
DKK |
Danish krone |
7,4367 |
GBP |
Pound sterling |
0,88545 |
SEK |
Swedish krona |
9,7803 |
CHF |
Swiss franc |
1,0857 |
ISK |
Iceland króna |
|
NOK |
Norwegian krone |
9,4985 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
26,198 |
HUF |
Hungarian forint |
307,18 |
PLN |
Polish zloty |
4,1899 |
RON |
Romanian leu |
4,5620 |
TRY |
Turkish lira |
3,9459 |
AUD |
Australian dollar |
1,4875 |
CAD |
Canadian dollar |
1,5078 |
HKD |
Hong Kong dollar |
8,7510 |
NZD |
New Zealand dollar |
1,5583 |
SGD |
Singapore dollar |
1,5531 |
KRW |
South Korean won |
1 270,17 |
ZAR |
South African rand |
14,3757 |
CNY |
Chinese yuan renminbi |
7,6284 |
HRK |
Croatian kuna |
7,4115 |
IDR |
Indonesian rupiah |
14 921,69 |
MYR |
Malaysian ringgit |
4,7858 |
PHP |
Philippine peso |
55,624 |
RUB |
Russian rouble |
63,9585 |
THB |
Thai baht |
38,219 |
BRL |
Brazilian real |
3,6840 |
MXN |
Mexican peso |
20,3762 |
INR |
Indian rupee |
72,3080 |
(1) Source: reference exchange rate published by the ECB.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/5 |
Interim update of the weightings applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries (1)
(2017/C 187/05)
AUGUST 2016
Place of employment |
Economic parity August 2016 |
Exchange rate August 2016 (*1) |
Weighting August 2016 (*2) |
Zimbabwe |
1,015 |
1,10900 |
91,5 |
Malawi |
391,1 |
790,983 |
49,4 |
Angola |
268,1 |
185,363 |
144,6 |
SEPTEMBER 2016
Place of employment |
Economic parity September 2016 |
Exchange rate September 2016 (*3) |
Weighting September 2016 (*4) |
Suriname |
4,471 |
8,22188 |
54,4 |
OCTOBER 2016
Place of employment |
Economic parity October 2016 |
Exchange rate October 2016 (*5) |
Weighting October 2016 (*6) |
Mozambique |
38,99 |
85,8000 |
45,4 |
Lesotho |
8,385 |
15,4740 |
54,2 |
Central African Republic |
754,3 |
655,957 |
115,0 |
Botswana |
7,350 |
11,7371 |
62,6 |
Democratic Republic of the Congo |
1,925 |
1,12210 |
171,6 |
Chile |
487,4 |
743,212 |
65,6 |
Tunisia |
1,757 |
2,47060 |
71,1 |
Comoros |
354,8 |
491,968 |
72,1 |
Sudan |
12,55 |
7,35935 |
170,5 |
Chad |
659,5 |
655,957 |
100,5 |
Argentina |
11,00 |
17,1008 |
64,3 |
Mauritania |
279,0 |
400,960 |
69,6 |
Suriname |
4,763 |
8,69684 |
54,8 |
Angola |
286,3 |
185,368 |
154,4 |
Belarus |
12 330 |
21 718,0 |
56,8 |
NOVEMBER 2016
Place of employment |
Economic parity November 2016 |
Exchange rate November 2016 (*7) |
Weighting November 2016 (*8) |
Egypt |
7,633 |
9,68535 |
78,8 |
Sierra Leone |
8 338 |
7 686,52 |
108,5 |
Cuba |
0,9010 |
1,09220 |
82,5 |
Ukraine |
16,59 |
27,9400 |
59,4 |
DECEMBER 2016
Place of employment |
Economic parity December 2016 |
Exchange rate December 2016 (*9) |
Weighting December 2016 (*10) |
Egypt |
8,103 |
18,5637 |
43,6 |
Burundi |
1 567 |
1 778,10 |
88,1 |
Democratic Republic of the Congo |
2,045 |
1,05760 |
193,4 |
Haiti |
60,12 |
70,9922 |
84,7 |
Angola |
302,2 |
185,375 |
163,0 |
Belarus |
13 058 |
20 804,0 |
62,8 |
JANUARY 2017
Place of employment |
Economic parity January 2017 |
Exchange rate January 2017 (*11) |
Weighting January 2017 (*12) |
Lesotho |
8,894 |
14,2922 |
62,2 |
Central African Republic |
801,8 |
655,957 |
122,2 |
Ghana |
3,545 |
4,33310 |
81,8 |
Democratic Republic of the Congo |
2,260 |
1,04530 |
216,2 |
Tunisia |
1,845 |
2,42550 |
76,1 |
Chad |
616,3 |
655,957 |
94,0 |
Solomon Islands |
9,861 |
8,15052 |
121,0 |
Ukraine |
17,42 |
27,5599 |
63,2 |
Eritrea |
22,03 |
16,3636 |
134,6 |
(1) According to the Eurostat Report of 12 April 2017 on the interim update of weightings (correction coefficients) applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in Extra-EU Delegations in accordance with Article 64 and Annex X and Annex XI of the Staff Regulations applicable to officials and other servants of the European Union.
Further information is available on the Eurostat website (http://ec.europa.eu/eurostat > ‘Data’ > ‘Database’ > ‘Economy and finance’ > ‘Prices’ > ‘Correction coefficients’).
(*1) 1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.
(*2) Brussels and Luxembourg = 100.
(*3) 1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.
(*4) Brussels and Luxembourg = 100.
(*5) 1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.
(*6) Brussels and Luxembourg = 100.
(*7) 1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.
(*8) Brussels and Luxembourg = 100.
(*9) 1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.
(*10) Brussels and Luxembourg = 100.
(*11) 1 EUR = x units of local currency, except USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste, Zimbabwe.
(*12) Brussels and Luxembourg = 100.
NOTICES FROM MEMBER STATES
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/8 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/06)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE BÉKÉSSÁMSON AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Békés and Csongrád.
Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 338,443 km2. Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession. |
5. |
Minimum net concession fee: HUF 348 000 000 (three hundred and forty-eight million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code BEKCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017.
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/12 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/07)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE FEDÉMES AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Borsod, Heves and Nógrád.
Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level. Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 2 060,99 km2. Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession. |
5. |
Minimum net concession fee: HUF 300 000 000 (three hundred million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code FEDCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017.
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/18 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/08)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE DRÁVAPALKONYA AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Baranya and Somogy.
Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 061,018 km2. Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession. |
5. |
Minimum net concession fee: HUF 363 000 000 (three hundred and sixty-three million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code DRACHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017.
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/24 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/09)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXTRACTION AND EXPLOITATION OF GEOTHERMAL ENERGY UNDER CONCESSION IN THE GÁDOROS AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, extraction and exploitation of geothermal energy under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 35 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Békés and Csongrád.
Overburden of area designated for concession: 2 500 m from the surface and bedrock: 6 000 metres below Baltic Sea level. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 419,4 km2. |
5. |
Minimum net concession fee: HUF 45 000 000 (forty-five million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 1 500 000 (one million five hundred thousand forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 15 000 000 (fifteen million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 2 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code GADGTDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, extraction and exploitation of geothermal energy in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the geothermal protection boundary becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the geothermal protection boundary. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, extraction and exploitation of geothermal energy in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017.
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/28 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/10)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE HATVAN AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Heves, Pest, Nógrád and Jász–Nagykun–Szolnok.
Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 540 km2. Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession. |
5. |
Minimum net concession fee: HUF 309 000 000 (three hundred and nine million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code HATCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 25 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017.
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/33 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/11)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE KÖRÖSLADÁNY AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Békés and Jász–Nagykun–Szolnok.
Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 600,57 km2. Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession. |
5. |
Minimum net concession fee: HUF 190 500 000 (one hundred and ninety million five hundred thousand forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code KORCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 26 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017.
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/37 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/12)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE ŐRSÉG AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Zala and Vas.
Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 668,313 km2. Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession. |
5. |
Minimum net concession fee: HUF 285 000 000 (two hundred and eighty-five million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code ORCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 26 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017.
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/42 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/13)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE SOMOGYBÜKKÖSD AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Somogy and Zala.
Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 088,106 km2. Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession. |
5. |
Minimum net concession fee: HUF 363 000 000 (three hundred and sixty-three million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code SOBCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 26 September 2017 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017.
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/47 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/14)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE SOMOGYVÁMOS AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Somogy and Zala.
Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 279,738 km2. Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession. |
5. |
Minimum net concession fee: HUF 351 000 000 (three hundred and fifty-one million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’] option of the ‘Koncesszió’ (‘Concessions’] drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code SOVCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 26 September 2017 between 10:00 and 12:00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017.
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/52 |
Communication from the Minister for National Development of Hungary pursuant to Article 3(2) of 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
(2017/C 187/15)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE TAB AREA
On behalf of the Hungarian State, the Minister for National Development (‘the Contracting Authority’ or ‘the Minister’) as the minister responsible for mining and for overseeing state-owned assets hereby issues a public invitation to tender for the prospection, exploration and production of hydrocarbon under a concession contract on the basis of Act CXCVI of 2011 on national assets (‘the National Assets Act’), Act XVI of 1991 on Concessions (‘the Concessions Act’) and Act XLVIII of 1993 on mining (‘the Mining Act’), subject to the following conditions.
1. |
The Minister will publish the invitation to tender, adjudge the bids and conclude the concession contract in cooperation with the Hungarian Office for Mining and Geology (Magyar Bányászati és Földtani Hivatal) in accordance with the Concessions Act and the Mining Act. Bids that meet the tender specifications will be evaluated by an Evaluation Committee set up by the Minister. On the recommendation of the Evaluation Committee the Minister will issue the decision awarding the concession, on the basis of which the Minister may then conclude the concession contract with the successful bidder in accordance with Section 5(1) of the Concessions Act (1). The language of the tendering procedure is Hungarian. |
2. |
Participation in the tendering procedure is open to any domestic or foreign natural person and to any transparent organisation within the meaning of the National Assets Act provided they meet the tender specifications; joint bids are also permitted. In the case of joint bids for this concession activity, the bidders must designate one of their number as representative, but assume joint and several liability for performance of the concession contract. Under the tendering procedure domestic and foreign bidders will be treated on an equal footing. For the purpose of carrying out the activity subject to concession, using its own resources the bidder signing the concession contract (‘the Concession-Holder’) must, within 90 days of the concession contract entering into force, set up a company with its registered office in Hungary (‘the Concession Company’); the Concession-Holder must hold the majority of the shares, business interests and voting rights in the company at the time it is set up and for as long as it is operating, and must, as owner, undertake to enforce the requirements specified in the concession contract within the Concession Company. The Concession Company will enjoy the rights and be subject to the obligations under the concession contract as a mining operator. |
3. |
Duration of the concession: 20 years from the entry into force of the concession contract; the original duration may be extended once without a further call for tenders for a maximum of half of its original duration if the Concession-Holder and Concession Company have complied with all their obligations in accordance with the contract and on time. |
4. |
Data on area designated for concession: Area designated for concession: the area is situated between the municipalities given in the table below in the counties of Somogy and Tolna.
Overburden of area designated for concession: surface and bedrock: 5 000 metres below Baltic Sea level Areas cleared to make way for a mine site established for hydrocarbon mineral resources are not included in the area designated for concession. The corner point coordinates delimiting the area designated for concession can be viewed in the Uniform National Projection System, while data on the areas cleared to make way for a mine site established for hydrocarbon mineral resources, which is not included in the area designated for concession, can be viewed on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 200 km2. Areas of the mine site whose overburden is located higher than, or at the same height as, the overburden of the area designated for concession and whose bedrock corresponds to or extends below the bedrock of the area designated for concession are not included in the area designated for concession. |
5. |
Minimum net concession fee: HUF 288 000 000 (two hundred and eighty-eight million forint) plus VAT, but a bid for a larger fixed amount may be entered in the tendering procedure. Once the result is published, the successful bidder must pay the concession fee for the amount, in the manner and by the date specified in the concession contract. |
6. |
Participation in the concession tendering procedure is subject to payment of a participation fee of HUF 10 000 000 (ten million forint) plus VAT; this amount is to be paid in the manner specified in the Tender Document. |
7. |
In addition to paying the participation fee, for their bid to be valid bidders must lodge a tendering security of HUF 50 000 000 (fifty million forint) by the day preceding the deadline for submitting bids as a guarantee that the bid is binding. The tendering security paid will be forfeited to the Contracting Authority if the bidder withdraws or if the bidder is successful but then fails to conclude the contract or fails to pay the concession fee offered, for the amount, in the manner and by the deadline stipulated in the contract. The tendering security is to be paid in the manner specified in the Tender Document. |
8. |
The lowest rate of the mining royalty payable on the basis of the concession contract will be 16 % in accordance with the decision of the Minister; a bid for a higher mining royalty may be entered in the tendering procedure, which if agreed is recorded in the concession contract and must be paid for the duration of the concession. The cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act are exceptions, where the prevailing mining royalty specified in the Mining Act shall apply. |
9. |
The legal, financial, technical and other conditions and information relating to the tendering procedure can be found in the Tender Document. |
10. |
The Tender Document may be collected up until the day before the tender submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The purchaser will be issued with a certificate in their name confirming that they have received the Tender Document. When purchasing the Tender Document, for the purposes of being contacted and receiving information, the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) under the ‘Koncessziós pályázatok közzététele’ (‘Concession tender notices’) option of the ‘Koncesszió’ (‘Concessions’) drop-down menu and/or from the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by bank transfer. The message accompanying the transfer must state the code TABCHDV and the name of the party purchasing the Tender Document. The purchase price for the Tender Document may not be paid in cash and is non-refundable in part or in full. If the Tender Document is not received, the purchase price for the Tender Document will be refunded to the payer within five days of the submission deadline. Information on the transfer of the purchase price for the Tender Document and on the receipt of the Tender Document can be found on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
12. |
Bids may be submitted only by persons having purchased the Tender Document and having paid both the participation fee and the tendering security. If a joint bid is submitted, it is sufficient for one of the bidders to purchase the Tender Document. |
13. |
Bids must be submitted in person on 26 September 2017 between 10.00 and 12.00, in Hungarian, as specified in the Tender Document. Further information on the place of submission is available on the website of the Hungarian Office for Mining and Geology (www.mbfh.hu) and/or Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure is ended. Bidders may not exclude liability for failure to abide by their bid. |
15. |
The Minister reserves the right to declare the concession tender procedure unsuccessful. No claims arising from the tender procedure being declared unsuccessful may be lodged against the Minister, the Hungarian State represented by the Minister, or the Ministry of National Development as the Minister’s place of work. |
16. |
The successful bidder will acquire the exclusive right for the prospection, exploration and production of hydrocarbon in the area designated for concession for the duration of the concession through the Concession Company mandatorily set up for that purpose. Once the decision establishing the mining site becomes final and enforceable, the concession right for the prospection area will be restricted to the area of the mining site. |
17. |
Each bidder may submit only a single bid. |
18. |
Time limit for the adjudication of concession bids: within 90 days following the deadline for bids to be submitted. |
19. |
The Contracting Authority will ensure a level playing field and will not apply any preferential criteria. |
20. |
Tender adjudication criteria:
The detailed adjudication criteria and the legislation governing the procedure for authorising the concession work and how it is to be performed and completed are specified in the Tender Document. |
21. |
The concession contract The concession contract is to be concluded within 90 days following the announcement of the result. This time limit may be extended by the Minister once only by a maximum of 60 days. The successful bidder is entitled to carry out the exclusive state-controlled economic activity (prospection, exploration and production of hydrocarbon in a delimited area) permitted under the concession for the duration of the concession in accordance with the relevant legislation and the concession contract. When submitting the bid, bidders must take account of Section 22/A(13) of the Mining Act, which states that in the case of hydrocarbons a mining operator’s prospection right or prospection permit may cover a total of no more than 15 000 km2 of prospection territory. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of the Civil Code – the mining operator wishing to obtain the prospection right or prospection permit. In the case of joint bids, each of the bidders must meet this criterion individually. The draft concession contract is annexed to the Tender Document. |
22. |
Information regarding the tendering procedure may be requested exclusively in Hungarian, in writing after the Tender Document has been purchased, in the manner stipulated in the Tender Document; replies will be made available to all parties by the Hungarian Office for Mining and Geology using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, February 2017
Dr Miklós SESZTÁK
Minister
(1) At the date on which this invitation to tender is being published, the member of the Government responsible for overseeing state-owned assets and for mining is the Minister for National Development in accordance with Section 109(3) and (5) of Government Decree No 152/2014 of 6 June 2014 governing the duties and powers of certain ministers and members of the Government.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/57 |
United Kingdom Government notice concerning European Parliament and Council Directive 94/22/EC on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
(Text with EEA relevance)
(2017/C 187/16)
Announcement of United Kingdom 30th Offshore Oil and Gas Licensing Round
Oil and Gas Authority
The Petroleum Act 1998
Offshore Licensing Round
1. |
The Oil and Gas Authority (the OGA) invites interested persons to apply for Seaward Production Licences in respect of certain acreage on the United Kingdom Continental Shelf. |
2. |
Full details of the offer, including lists and maps of the acreage on offer and guidance about licences, the terms which those licences will include, and how to apply, are available on the OGA website (see below). |
3. |
All applications will be determined where applicable in accordance with the terms of the Hydrocarbons Licensing Directive Regulations 1995 (SI 1995 No 1434), the Petroleum Licensing (Applications) Regulations 2015 (SI 2015 No 766) and the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 (SI 2015 No 385). The Secretary of State’s functions in this regard were transferred to the Oil and Gas Authority on 1 October 2016 by virtue of The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (http://www.legislation.gov.uk/uksi/2016/912/pdfs/uksi_20160912_en.pdf), which provided that anything done (or having effect as if done) by or in relation to the Secretary of State in connection with such transferred functions now has effect, so far as is necessary for continuing its effect after the 1 October 2016, as if done by or in relation to the Oil and Gas Authority. Determinations will be made against a background of the continuing need for expeditious, thorough, efficient and safe exploration to identify the United Kingdom’s oil and gas resources with due regard to environmental considerations. |
‘Innovate’ Framework
4. |
Licence applications will be considered in light of an innovative approach being taken for Initial Term Work Programmes (‘Work Programmes’) for licences. These Work Programmes will incorporate a flexible combination of up to three Phases (A, B and C) in the Initial Term. This will help to ensure Work Programmes for the block(s) that are being applied for are appropriate to the geotechnical and other challenges that must be addressed in an area, whilst optimising the factors listed in Paragraph 3. The flexibility afforded by the combination of up to three phases also enables applicants to design a Work Programme which is appropriate for their own particular plans and requirements. |
5. |
Phase A of the Work Programme comprises a period in which Geotechnical Studies and Geophysical Data Reprocessing will be undertaken; Phase B of the Work Programme will be a period in which New Seismic data will be Shot; Phase C of the Work Programme will be for exploratory and/or appraisal drilling. Applicants may decide the Phase combination, whether all three Phases, straight to Phase B followed by Phase C, straight to Phase C, or Phase A direct to Phase C. |
6. |
Phase A and Phase B are not mandatory and may not be appropriate in particular circumstances, but every application must propose a Phase C, except where the applicant doesn’t think any exploration is needed and proposes to go straight to development (i.e. ‘straight to Second Term’). Where that is the case, Applications should be made in accordance with the guidance available on the OGA website. |
7. |
Licences awarded in this round over mature areas will be expected to have an Initial Term of up to 6 years duration. Licences in other areas will have a longer duration Initial Term, up to a maximum of 9 years, but such requests will require justification and would be the subject of discussion at the time of Application. |
8. |
Applications where the starting Phase is Phase A or B will be judged on the basis of the following criteria:
|
9. |
Licences with a Phase B will specify a time period so the licence will expire at the end of this phase if the Licensee has not satisfied the OGA of its technical and financial capability to complete the Work Programme. For licences with a Phase A but no Phase B, the licence will also specify a period so the licence will expire at the end of this phase if the Licensee has not satisfied the OGA of its technical and financial capability to complete the Work Programme. |
10. |
Applications where the starting Phase is Phase C will be judged on the basis of the following criteria:
|
Guidance
11. |
Further guidance can be viewed on the OGA website: https://www.ogauthority.co.uk/licensing-consents/licensing-rounds/ |
Licence Offers
12. |
Unless an Appropriate Assessment in relation to a particular Block is required (see Para. 15 below), any offer by the Oil and Gas Authority of a licence pursuant to this invitation, will be made within eighteen months of the date of this Notice. |
13. |
The Oil and Gas Authority accepts no liability for any costs incurred by the applicant in considering or making its application. |
Environmental Assessments
14. |
The Secretary of State has conducted a Strategic Environmental Assessment (SEA) pursuant to Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment of all of the areas to be offered in this Round. The findings of that SEA can be found at the gov.uk offshore energy SEA website: https://www.gov.uk/offshore-energy-strategic-environmental-assessment-sea-an-overview-of-the-sea-process |
15. |
Licences pursuant to this invitation will only be offered if, in accordance with the Habitats Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora):
|
16. |
Contact: Ricki Kiff, Oil and Gas Authority, 21 Bloomsbury Street, London WC1B 3HF, United Kingdom. (Tel. +44 3000671637). The Oil and Gas Authority website: https://www.ogauthority.co.uk/licensing-consents/licensing-rounds/ |
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/60 |
Notice of the impending expiry of certain anti-dumping measures
(2017/C 187/17)
1. As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2. Procedure
Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3. Time limit
Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4. This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.
Product |
Country(ies) of origin or exportation |
Measures |
Reference |
Date of expiry (3) |
Organic coated steel products |
The People’s Republic of China |
Anti-dumping duty |
Council Implementing Regulation (EU) No 214/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain organic coated steel products originating in the People’s Republic of China (OJ L 73, 15.3.2013, p. 1). |
16.3.2018 |
(1) OJ L 176, 30.6.2016, p. 21.
(2) TRADE-Defence-Complaints@ec.europa.eu
(3) The measure expires at midnight of the day mentioned in this column.
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/61 |
Prior notification of a concentration
(Case M.8485 — Hitachi Group/Honda/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 187/18)
1. |
On 2 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hitachi Automotive Systems Ltd (‘HIAMS’, Japan) and Honda Motor Co., Ltd (‘Honda’, Japan) acquire within the meaning of article 3(4) of the Merger Regulation joint control of the Joint Venture by way of a purchase of shares in a newly created company constituting a joint venture. |
2. |
The business activities of the undertakings concerned are:
|
3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8485 — Hitachi Group/Honda/JV, to the following address:
|
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
(2) OJ C 366, 14.12.2013, p. 5.
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/62 |
Prior notification of a concentration
(Case M.8222 — Knorr-Bremse/Haldex)
(Text with EEA relevance)
(2017/C 187/19)
1. |
On 1 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Knorr-Bremse AG (‘Knorr-Bremse’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Haldex Aktiebolag (publ) (‘Haldex’, Sweden) by way of purchase of shares. |
2. |
The business activities of the undertakings concerned are described below:
|
3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8222 — Knorr-Bremse/Haldex, to the following address:
|
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/63 |
Prior notification of a concentration
(Case M.8482 — ABB/B&R)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 187/20)
1. |
On 6 June 2017 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking ABB Ltd which is the ultimate parent company of the ABB group of companies (Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Bernecker + Rainer Industrie-Elektronik Gesellschaft m.b.H. (Austria) by way of a purchase of shares. |
2. |
The business activities of the undertakings concerned are: — for ABB Ltd: the business is comprised of four divisions: electrification products, robotics and motion, industrial automation and power grids, serving customers in utilities, industry and transport & infrastructure globally, — for Bernecker + Rainer Industrie-Elektronik Gesellschaft m.b.H.: provider of solutions for machine and factory automation, with a particular focus on motion-control products. |
3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8482 — ABB/B&R to the following address:
|
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
(2) OJ C 366, 14.12.2013, p. 5.
OTHER ACTS
European Commission
13.6.2017 |
EN |
Official Journal of the European Union |
C 187/64 |
Notice for the attention of the natural persons CHON Chi Bu (alias CHON Chi-bu), CHU Kyu-Chang, (alias JU Kyu-Chang; JU Kyu Chang), HYON Chol-hae (alias HYON Chol Hae), KIM Yong-chun (alias Young-chun; KIM Yong Chun), O Kuk-Ryol (alias O Kuk Ryol), PAEK Se-bong (alias PAEK Se Bong), PAK Jae-gyong (alias Chae-Kyong; PAK Jae Gyong), RYOM Yong, SO Sang-kuk (alias SO Sang Kuk), Lieutenant General KIM Yong Chol (alias: KIM Yong-Chol; KIM Young-Chol; KIM Young-Cheol; KIM Young-Chul), PAK To-Chun (alias PAK To Chun), CHOE Kyong-song (alias CHOE Kyong song), CHOE Yong-ho (alias CHOE Yong Ho), HONG Sung-Mu (alias HUNG Sun Mu; HONG Sung Mu), JO Kyongchol (alias JO Kyong Chol), KIM Chun-sam (alias KIM Chun Sam), KIM Chun-sop (alias KIM Chun Sop), KIM Jong-gak (alias KIM Jong Gak), KIM Rak Kyom, (alias KIM Rak-gyom; KIM Rak Gyom), KIM Won-hong (alias KIM Won Hong), PAK Jong-chon (alias PAK Jong Chon), RI Jong-su (alias RI Jong Su), SON Chol-ju (alais Son Chol Ju), YUN Jong-rin (alias YUN Jong Rin), PAK Yong-sik (alias PAK Yong Sik), HONG Yong Chil, RI Hak Chol (aliases RI Hak Chul, RI Hak Cheol), YUN Chang Hyok, RI Myong Su, SO Hong Chan, WANG Chang Uk, JANG Chol, JON Il-chun (alias JON Il Chun), KIM Tong-un (alias KIM Tong Un), KIM Il-Su (alias Kim Il Su), KANG Song-Sam (alias KANG Song Sam), CHOE Chun-Sik (alias CHOE Chun Sik), SIN Kyu-Nam (alias SIN Kyu Nam), PAK Chun-San (alias PAK Chun San) and SO Tong Myong and the entities Korea Pugang mining and Machinery Corporation ltd, Korean Ryengwang Trading Corporation, Sobaeku United Corp. (alias Sobaeksu United Corp.), Yongbyon Nuclear Research Centre, Strategic Rocket Forces and Korea National Insurance Corporation (KNIC) and its branch offices (a.k.a. Korea Foreign Insurance Company) whose entry has been amended in the list referred to in Article 6(2) of Council Regulation (EC) No 329/2007 imposing certain specific restrictive measures directed against persons or entities responsible for the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, persons or entities acting on their behalf or at their direction, and entities owned or controlled by them, by virtue of Commission Implementing Regulation (EU) 2017/993
(2017/C 187/21)
1. |
Council Decision (CFSP) 2016/849 (1) calls upon the Union to freeze the funds and economic resources of persons and entities, as referred to in the list drawn up in Annex II of Decision (CFSP) 2016/849. The Decision also calls upon the Member States to take the necessary measures to prevent the entry into, or transit through their territories of those same persons. The list drawn up by the Council of the EU comprises persons or entities responsible for the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, persons or entities acting on their behalf or at their direction, and entities owned or controlled by them, as well as persons or entities providing financial services or the transfer to, through or from the territory of the Union, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in the territory of the Union, of any financial or other assets or resources that could contribute to DPRK’s nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes, or persons, entities or bodies acting on their behalf or at their direction, or persons, entities or bodies owned or controlled by them. |
2. |
On 12 June 2017, the Council decided to remove one person and one entity of the list and to amend the listing of the natural persons CHON Chi Bu (alias CHON Chi-bu), CHU Kyu-Chang, (alias JU Kyu-Chang; JU Kyu Chang), HYON Chol-hae (alias HYON Chol Hae), KIM Yong-chun (alias Young-chun; KIM Yong Chun), O Kuk-Ryol (alias O Kuk Ryol), PAEK Se-bong (alias PAEK Se Bong), PAK Jae-gyong (alias Chae-Kyong; PAK Jae Gyong), RYOM Yong, SO Sang-kuk (alias SO Sang Kuk), Lieutenant General KIM Yong Chol (alias: KIM Yong-Chol; KIM Young-Chol; KIM Young-Cheol; KIM Young-Chul), PAK To-Chun (alias PAK To Chun), CHOE Kyong-song (alias CHOE Kyong song), CHOE Yong-ho (alias CHOE Yong Ho), HONG Sung-Mu (alias HUNG Sun Mu; HONG Sung Mu), JO Kyongchol (alias JO Kyong Chol), KIM Chun-sam (alias KIM Chun Sam), KIM Chun-sop (alias KIM Chun Sop), KIM Jong-gak (alias KIM Jong Gak), KIM Rak Kyom, (alias KIM Rak-gyom; KIM Rak Gyom), KIM Won-hong (alias KIM Won Hong), PAK Jong-chon (alias PAK Jong Chon), RI Jong-su (alias RI Jong Su), SON Chol-ju (alais Son Chol Ju), YUN Jong-rin (alias YUN Jong Rin), PAK Yong-sik (alias PAK Yong Sik), HONG Yong Chil, RI Hak Chol (aliases RI Hak Chul, RI Hak Cheol), YUN Chang Hyok, RI Myong Su, SO Hong Chan, WANG Chang Uk, JANG Chol, JON Il-chun (alias JON Il Chun), KIM Tong-un (alias KIM Tong Un), KIM Il-Su (alias Kim Il Su), KANG Song-Sam (alias KANG Song Sam), CHOE Chun-Sik (alias CHOE Chun Sik), SIN Kyu-Nam (alias SIN Kyu Nam), PAK Chun-San (alias PAK Chun San) and SO Tong Myong and the entities Korea Pugang mining and Machinery Corporation ltd, Korean Ryengwang Trading Corporation, Sobaeku United Corp. (alias Sobaeksu United Corp.), Yongbyon Nuclear Research Centre, Strategic Rocket Forces and Korea National Insurance Corporation (KNIC) and its branch offices (a.k.a. Korea Foreign Insurance Company). |
3. |
In order to implement the new listings, the Commission has adopted Commission Implementing Regulation (EU) 2017/993 (2) amending Annex V of Council Regulation (EC) No 329/2007 (3) accordingly. The concerned individuals and entities may submit observations on the decision to list them, together with supporting documentation, to the European Commission on the following address:
|
4. |
The attention of the individuals concerned is also drawn to the possibility of challenging the Implementing Regulation (EU) 2017/993 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union. |
5. |
Finally, the attention of the listed entities and individuals is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 329/2007, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 7 of that Regulation. |
(1) OJ L 141, 28.5.2016, p. 79.
(2) OJ L 149, 13.6.2017, p. 67.