ISSN 1977-091X |
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Official Journal of the European Union |
C 218 |
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English edition |
Information and Notices |
Volume 61 |
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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2018/C 218/01 |
Non-opposition to a notified concentration (Case M.8835 — Stadtwerke Olching/BAG Netz/NG Olching/Olching VerwaltungsGmbH) ( 1) |
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2018/C 218/02 |
Non-opposition to a notified concentration (Case M.8496 — Strabag/Max Bögl International/SMB) ( 1) |
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2018/C 218/03 |
Non-opposition to a notified concentration (Case M.8901 — HSBC/Global Payments) ( 1) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Parliament |
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2018/C 218/04 |
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European Commission |
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2018/C 218/05 |
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2018/C 218/06 |
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) ( 1) |
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NOTICES FROM MEMBER STATES |
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2018/C 218/07 |
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2018/C 218/08 |
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2018/C 218/09 |
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2018/C 218/10 |
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2018/C 218/11 |
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V Announcements |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2018/C 218/12 |
Prior notification of a concentration (Case M.8823 — Neste/Demeter Animal Fats and Proteins) ( 1) |
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OTHER ACTS |
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European Commission |
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2018/C 218/13 |
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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
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/1 |
Non-opposition to a notified concentration
(Case M.8835 — Stadtwerke Olching/BAG Netz/NG Olching/Olching VerwaltungsGmbH)
(Text with EEA relevance)
(2018/C 218/01)
On 28 May 2018, 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 German language 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 32018M8835. EUR-Lex is the online access to the European law. |
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/1 |
Non-opposition to a notified concentration
(Case M.8496 — Strabag/Max Bögl International/SMB)
(Text with EEA relevance)
(2018/C 218/02)
On 14 June 2018, 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 32018M8496. EUR-Lex is the online access to European law. |
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/2 |
Non-opposition to a notified concentration
(Case M.8901 — HSBC/Global Payments)
(Text with EEA relevance)
(2018/C 218/03)
On 19 June 2018, 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 32018M8901. EUR-Lex is the online access to European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Parliament
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/3 |
Communication of the European Parliament concerning the European Citizen's Prize
CIVI EUROPAEO PRAEMIUM
(2018/C 218/04)
The Chancellery of the European Citizens' Prize held its annual meeting on 6 June 2018 with Mrs Sylvie Guillaume, Vice-President of the European Parliament, in the chair.
At that meeting the following list of prize winners for 2018 was drawn up.
The prizes will be awarded at public award ceremonies in the Member States where laureates are based, and will be organized by the Liaison Offices of the European Parliament. The laureates will also meet at the European Parliament in Brussels for a central event on 9 October 2018.
CIVI EUROPAEO PRAEMIUM
Laureates/Winners
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Alicja Szatkowska |
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Αντρέας Μάτσης/Okan Dugli (Bi-communal Famagusta Initiative) |
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Άνεμος ανανέωσης |
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António Pinto Monteiro |
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Antonio Silvio Caló |
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Архимандрит Партений Фидановски |
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Arrels Fundació |
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Bjorn Formosa |
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Čebelarska zveza Slovenije |
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Centre Mondial de la Paix |
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Dmitri Rõbakov |
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Don Virginio Colmegna |
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Ehrenamtlicher Dolmetscherdienst der Stadt Ludwigsburg |
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Eurooppanuoret ry |
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Fatta! |
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Fo.B.A.P. ONLUS |
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Förderverein der Sozialklinik Kalamata |
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Fundação Francisco Manuel dos Santos |
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HOPEgenesis |
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Hrvatski ured za kreativnost i inovacije |
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Iespējamā misija |
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Inner City Helping Homeless |
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Institut für Erinnerungskultur 2.0 NeverForgetWhy |
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Irish Men's Sheds Association |
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J.C.A. Akerboom |
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Κιβωτός του κόσμου |
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La Maison des Femmes de Saint-Denis |
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Laurent Festas |
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MagiCAMP |
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Matthäus Weiß, 1. Landesvorsitzender und der Verband Deutscher Sinti und Roma e.V. Landesverband Schleswig-Holstein |
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Mihai Sora |
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Nagycsaládosok Országos Egyesülete (NOE) |
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Odile Linden |
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Paola Scagnelli |
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Pierre Maurice |
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Plateforme citoyenne de soutien aux réfugiés |
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Polish Jews Forum |
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Post Bellum |
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Pražský studentský summit |
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Proyecto Integra de la Fundación Universidad Camilo José Cela |
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Refugees Welcome Crawley |
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Σενέρ Λεβέντ |
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Spirit of Football e.V. |
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Stichting De Aldenborgh |
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Švento Jokūbo Kelio Savivaldybių Asociacija |
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Szvorák Katalin |
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Unidad de Gestión Clínica de Medicina Maternofetal, Genética y Reproducción (UGCMFG) del Hospital Universitario Virgen del Rocío |
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Varga Erika |
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Vzw/asbl HUMAIN |
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Wielka Orkiestra Świątecznej Pomocy |
European Commission
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/5 |
Euro exchange rates (1)
21 June 2018
(2018/C 218/05)
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,1538 |
JPY |
Japanese yen |
127,59 |
DKK |
Danish krone |
7,4520 |
GBP |
Pound sterling |
0,87370 |
SEK |
Swedish krona |
10,3248 |
CHF |
Swiss franc |
1,1496 |
ISK |
Iceland króna |
126,60 |
NOK |
Norwegian krone |
9,4253 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
25,863 |
HUF |
Hungarian forint |
326,15 |
PLN |
Polish zloty |
4,3256 |
RON |
Romanian leu |
4,6723 |
TRY |
Turkish lira |
5,4754 |
AUD |
Australian dollar |
1,5664 |
CAD |
Canadian dollar |
1,5381 |
HKD |
Hong Kong dollar |
9,0528 |
NZD |
New Zealand dollar |
1,6846 |
SGD |
Singapore dollar |
1,5714 |
KRW |
South Korean won |
1 280,79 |
ZAR |
South African rand |
15,7580 |
CNY |
Chinese yuan renminbi |
7,4977 |
HRK |
Croatian kuna |
7,3790 |
IDR |
Indonesian rupiah |
16 261,40 |
MYR |
Malaysian ringgit |
4,6331 |
PHP |
Philippine peso |
61,637 |
RUB |
Russian rouble |
73,5577 |
THB |
Thai baht |
37,995 |
BRL |
Brazilian real |
4,3567 |
MXN |
Mexican peso |
23,5286 |
INR |
Indian rupee |
78,4145 |
(1) Source: reference exchange rate published by the ECB.
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/6 |
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1) )
(Text with EEA relevance)
(2018/C 218/06)
Decisions granting an authorisation
Reference of the decision (2) |
Date of decision |
Substance name |
Holder of the authorisation |
Authorisation number |
Authorised use |
Date of expiry of review period |
Reasons for the decision |
C(2018) 3734 |
15 June 2018 |
Chromium trioxide EC No 215-607-8 CAS No 1333-82-0 |
Souriau SAS, RD323, 72470, Champagné, France |
REACH/18/6/0 |
Industrial use of a mixture containing the hexavalent chromium compounds (chromium trioxide, potassium dichromate or sodium dichromate) for the conversion of cadmium coated circular and rectangular connectors in order to achieve a higher level of performances than the requirements of international standards as well as to withstand harsh environments and high safety applications (such as in the military, aeronautic, aerospace, mining, offshore and nuclear industries or for the application in safety devices for road vehicles, rolling stock and vessels). |
21 September 2029 |
In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health and the environment arising from the uses of the substance and there are no suitable alternative substances or technologies for the applicant before the sunset date. |
Amphenol Limited, Thanet Way, CT5 3JF, Whitstable, Kent, United Kingdom |
REACH/18/6/2 |
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Amphenol Socapex, 948, Promenade de l’Arve, 74311, THYEZ, France |
REACH/18/6/3 |
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ITT Cannon, Cannonstrasse 1, 71384, Weinstadt-Beutelsbach, Germany |
REACH/18/6/4 |
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Connecteurs Electriques Deutsch, 17 rue Lavoisier — BP 117, 27091, Evreux, France |
REACH/18/6/5 |
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Tyco Electronics UK Ltd, Faraday Road, SN3 5HH, Swindon, United Kingdom |
REACH/18/6/7 |
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Connecteurs Electriques Deutsch, 17 rue Lavoisier — BP 117, 27091, Evreux, France |
REACH/18/6/6 |
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Tyco Electronics UK Ltd, Faraday Road, SN3 5HH, Swindon, United Kingdom |
REACH/18/6/8 |
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Potassium dichromate EC No 231-906-6 CAS No 7778-50-9 |
Souriau SAS, RD323, 72470, Champagné, France |
REACH/18/6/1 |
Industrial use of a mixture containing the hexavalent chromium compounds (chromium trioxide, potassium dichromate or sodium dichromate) in conversion coating and passivation of circular and rectangular connectors in order to meet the requirements of international standards and special requirements of industries subject to harsh environments. |
21 September 2024 |
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Tyco Electronics UK Ltd, Faraday Road, SN3 5HH, Swindon, United Kingdom |
REACH/18/6/9 |
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Souriau SAS, RD323, 72470, Champagné, France |
REACH/18/6/10 |
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Sodium dichromate EC No 234-190-3 CAS No 10588-01-9, 7789-12-0 |
Amphenol Limited, Thanet Way, CT5 3JF, Whitstable, Kent, United Kingdom |
REACH/18/6/12 |
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Chromium trioxide EC No 215-607-8 CAS No 1333-82-0 |
Amphenol Socapex, 948, Promenade de l’Arve, 74311, THYEZ, France |
REACH/18/6/14 |
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ITT Cannon, Cannonstrasse 1, 71384, Weinstadt-Beutelsbach, Germany |
REACH/18/6/16 |
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Tyco Electronics UK Ltd, Faraday Road, SN3 5HH, Swindon, United Kingdom |
REACH/18/6/18 |
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Souriau SAS, RD323, 72470, Champagné, France |
REACH/18/6/11 |
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Amphenol Limited, Thanet Way, CT5 3JF, Whitstable, Kent, United Kingdom |
REACH/18/6/13 |
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|
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Sodium dichromate EC No 234-190-3 CAS No 10588-01-9, 7789-12-0 |
Amphenol Socapex, 948, Promenade de l’Arve, 74311, THYEZ, France |
REACH/18/6/15 |
Industrial use of a mixture containing chromium trioxide for the etching of composite connectors used by industries subject to harsh environments, to mainly ensure adhesive deposit to meet the requirements of international standards. |
21 September 2021 |
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Potassium dichromate EC No 231-906-6 CAS No 7778-50-9 |
Connecteurs Electriques Deutsch, 17 rue Lavoisier — BP 117, 27091, Evreux, France |
REACH/18/6/17 |
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Chromium trioxide EC No 215-607-8 CAS No 1333-82-0 |
Souriau SAS, RD323, 72470, Champagné, France |
REACH/18/6/19 |
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(1) OJ L 396, 30.12.2006, p. 1.
(2) The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
NOTICES FROM MEMBER STATES
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/10 |
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
(2018/C 218/07)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE TARD 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 Mining and Geological Service (MBFSZ) 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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
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 within the municipalities listed in the table below in the counties of Borsod–Abaúj–Zemplén and Heves.
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 mine sites established for hydrocarbon mineral resources, which are not included in the area designated for concession, can be viewed on the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ (‘Concessions’) drop-down menu, and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 271,76 km2. Areas of mine sites whose overburden is located higher than 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 315 000 000 (three hundred and fifteen 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 in 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, in 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 for conventional hydrocarbon production 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 rate 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 at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary; tel. +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu. |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code TACHDV 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 not 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. |
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 between 10:00 and 12:00 on 26 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
14. |
The bid becomes binding on the bidder from the time it is submitted and remains binding until the tendering procedure has 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, 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, … … 2018.
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.
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/15 |
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
(2018/C 218/08)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE TISZAFÜRED 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 Mining and Geological Service (MBFSZ) 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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
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 within the municipalities listed in the table below in the counties of Borsod–Abaúj–Zemplén, Hajdú–Bihar, Heves 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 mine sites established for hydrocarbon mineral resources, which are not included in the area designated for concession, can be viewed on the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ (‘Concessions’) drop-down menu, and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 654 km2. Areas of mine sites whose overburden is located higher than 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 321 000 000 (three hundred and twenty-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 in 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, in 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 for conventional hydrocarbon production 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 rate 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 at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary; tel. +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code TFCHDV 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 not 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. |
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 between 10:00 and 12:00 on 26 September 2018, at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
14. |
The bid becomes binding on the bidder from the time it is submitted and remains binding until the tendering procedure has 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, 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, … … 2018.
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.
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/19 |
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
(2018/C 218/09)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE TISZATARJÁN 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 Mining and Geological Service (MBFSZ) 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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
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 within the municipalities listed in the table below in the counties of Borsod–Abaúj–Zemplén, Hajdú–Bihar, Jász–Nagykun–Szolnok and Szabolcs–Szatmár–Bereg.
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 mine sites established for hydrocarbon mineral resources, which are not included in the area designated for concession, can be viewed on the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ (‘Concessions’) drop-down menu, and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 770,8 km2. Areas of mine sites whose overburden is located higher than 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 318 000 000 (three hundred and eighteen 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 in 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, in 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 for conventional hydrocarbon production 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 rate 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 at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary; tel. +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu. |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code TTCHDV 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 not 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. |
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 between 10:00 and 12:00 on 27 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
14. |
The bid becomes binding on the bidder from the time it is submitted and remains binding until the tendering procedure has 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, 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, … … 2018.
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.
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/24 |
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
(2018/C 218/10)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE ÚJSZILVÁS 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 Mining and Geological Service (MBFSZ) 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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
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 within the municipalities listed in the table below in the counties of Bács–Kiskun, Jász–Nagykun–Szolnok and Pest.
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 mine sites established for hydrocarbon mineral resources, which are not included in the area designated for concession, can be viewed on the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ (‘Concessions’) drop-down menu, and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 050 km2. Areas of mine sites whose overburden is located higher than 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 321 000 000 (three hundred and twenty-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 in 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, in 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 mining royalty for conventional hydrocarbon production 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 rate 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 at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary; tel. +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu). |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code UJCHDV 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 not 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. |
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 between 10:00 and 12:00 on 27 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
14. |
From the time it is submitted the bid becomes binding on the bidder and remains binding until the tendering procedure has 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, 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, … … 2018.
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.
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/28 |
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
(2018/C 218/11)
PUBLIC INVITATION TO TENDER FOR A CONCESSION FOR THE PROSPECTION, EXPLORATION AND PRODUCTION OF HYDROCARBON UNDER CONCESSION IN THE ZALAERDŐD 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 Mining and Geological Service (MBFSZ) 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 Hungarian 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. Domestic and foreign bidders will be treated on an equal footing under the tendering procedure.
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 within the municipalities listed in the table below in the counties of Győr-Moson-Sopron, Vas, Veszprém 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 mine sites established for hydrocarbon mineral resources, which are not included in the area designated for concession, can be viewed on the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ (‘Concessions’) drop-down menu, and on the website of the Ministry of National Development (www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium). Size of area designated for concession: 1 871 km2. Areas of mine sites whose overburden is located higher than 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 342 000 000 (three hundred and forty-two 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 in 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, in 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 for conventional hydrocarbon production 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 rate 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 at the Customer Service Office of the Hungarian Mining and Geological Service (Columbus utca 17-23, 1145 Budapest, Hungary; tel. +36 13012900) on working days between 8:00 and 14:00 up until the day before the submission deadline, on presentation of adequate documentary proof that the purchase price for the Tender Document has been paid. The Hungarian Mining and Geological Service will issue the purchaser with a certificate in their name.
When purchasing the Tender Document, for the purposes of being contacted and receiving communications the purchaser must also submit a Concession Bidder Identification Sheet, which can be downloaded from the website of the Hungarian Mining and Geological Service (www.mbfsz.gov.hu) by clicking on the ‘Koncesszió’ drop-down menu. |
11. |
The purchase price for the Tender Document is HUF 100 000 (one hundred thousand forint) plus VAT, which must be paid by transfer into the Hungarian Mining and Geological Service’s appropriation use framework account No 10032000-01417179-00000000. The message accompanying the transfer must state the code ZACHDV 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 not 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. |
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 between 10:00 and 12:00 on 27 September 2018 at the Customer Service Office of the Hungarian Mining and Geological Service (address: Columbus utca 17-23, 1145 Budapest, Hungary), in Hungarian, as specified in the Tender Document. |
14. |
The bid becomes binding on the bidder from the time it is submitted and remains binding until the tendering procedure has 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, 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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased. |
Budapest, … … 2018.
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.
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/34 |
Prior notification of a concentration
(Case M.8823 — Neste/Demeter Animal Fats and Proteins)
(Text with EEA relevance)
(2018/C 218/12)
1.
On 15 June 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).This notification concerns the following undertakings:
— |
Neste Oyj (Finland), |
— |
Int. Handelsmaatschappij Demeter BV (Netherlands), controlled by Demeter Holding BV. |
Neste Oyj (Neste) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of G Int. Handelsmaatschappij Demeter BV (Demeter), which will regroup the animal fats and proteins sourcing and supply activities of the Demeter group.
The concentration is accomplished by way of purchase of shares.
2.
The business activities of the undertakings concerned are:— for Neste: Neste is a refining and marketing company focusing on low-emission, high-quality traffic fuels. For its production of renewable fuel, the Neste group uses a variety of renewable feedstock, including animal fats,
— for Demeter: Demeter is active in the purchase and resale of processed animal fats and of processed animal proteins.
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. The following reference should always be specified:
M.8823 — Neste/Demeter Animal Fats and Proteins
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu |
Fax +32 22964301 |
Postal address: |
European Commission |
Directorate-General for Competition |
Merger Registry |
1049 Bruxelles/Brussel |
BELGIQUE/BELGIË |
(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
OTHER ACTS
European Commission
22.6.2018 |
EN |
Official Journal of the European Union |
C 218/36 |
Notice for the attention of Myrna Ajijul Mabanza and Abdulpatta Escalon Abubaka whose names were added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations, by virtue of Commission Regulation (EU) 2018/888
(2018/C 218/13)
1.
Council Decision (CFSP) 2016/1693 (1) calls upon the Union to freeze the funds and economic resources of the members of the ISIL (Da'esh) and Al-Qaida organisation and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267(1999) and 1333(2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267(1999).The list drawn up by this UN Committee comprises:
— |
ISIL (Da'esh) and Al Qaida, |
— |
natural or legal persons, entities, bodies and groups associated with ISIL (Da'esh) and Al Qaida, and |
— |
legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups. |
Acts or activities indicating that an individual, group, undertaking, or entity is ‘associated with’ ISIL (Da'esh) and Al-Qaida include:
(a) |
participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh) and Al Qaida, or any cell, affiliate, splinter group or derivative thereof; |
(b) |
supplying, selling or transferring arms and related materiel to any of them; |
(c) |
recruiting for any of them; or |
(d) |
otherwise supporting acts or activities of any of them. |
2.
The UN Security Council Committee approved on 18 June 2018 the addition of the entries of Myrna Ajijul Mabanza and Abdulpatta Escalon Abubaka to the ISIL (Da'esh) and Al-Qaida Sanctions Committee’s list.Myrna Ajijul Mabanza and Abdulpatta Escalon Abubaka may submit at any time a request to the UN Ombudsperson, together with any supporting documentation, for the decision to include it in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:
United Nations — Office of the Ombudsperson |
Room TB-08041D |
New York, NY 10017 |
UNITED STATES OF AMERICA |
Tel. +1 2129632671 |
Fax +1 2129631300/3778 |
Email: ombudsperson@un.org |
See for more information at: https://www.un.org/sc/suborg/en/sanctions/1267/aq_sanctions_list/procedures-for-delisting
3.
Further to the UN decision referred to in paragraph 2, the Commission has adopted Regulation (EU) 2018/888 (2), which amends Annex I to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (3). The amendment, made pursuant to Article 7(1)(a) and 7a(1) of Regulation (EC) No 881/2002, adds the names of Myrna Ajijul Mabanza and Abdulpatta Escalon Abubaka to the list in Annex I of that Regulation (‘Annex I’).The following measures of Regulation (EC) No 881/2002 apply to the individuals and entities included in Annex I:
(1) |
the freezing of all funds and economic resources belonging to the individuals and entities concerned, or owned or held by them, and the prohibition (on everyone) on making funds and economic resources available to any of the individuals and entities concerned or for their benefit, whether directly or indirectly (Articles 2 and 2a); and |
(2) |
the prohibition on granting, selling, supplying or transferring technical advice, assistance or training related to military activities to any of the individuals and entities concerned, whether directly or indirectly (Article 3). |
4.
Article 7a of Regulation (EC) No 881/2002 provides for a review process where observations on the grounds for listing are submitted by those listed. Individuals and entities added to Annex I by Regulation (EU) 2018/888 may make a request for the grounds for their listing to the Commission. This request should be sent to:
European Commission |
‘Restrictive measures’ |
Rue de la Loi/Wetstraat 200 |
1049 Bruxelles/Brussel |
BELGIQUE/BELGIË |
5.
The attention of the individuals and entities concerned is also drawn to the possibility of challenging Regulation (EU) 2018/888 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.
6.
For good order, the attention of the individuals and entities included in Annex I 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 881/2002, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation.
(1) OJ L 255, 21.9.2016, p. 25.
(2) OJ L 158 I, 21.6.2018, p. 1.
(3) OJ L 139, 29.5.2002, p. 9.