ISSN 1977-091X

Official Journal

of the European Union

C 183

European flag  

English edition

Information and Notices

Volume 62
28 May 2019


Contents

page

 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

Council

2019/C 183/01

Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2010/413/CFSP as amended by Council Decision (CFSP) 2019/870 and in Council Regulation (EU) No 267/2012 as implemented by Council Implementing Regulation (EU) 2019/855 concerning restrictive measures against Iran

1

2019/C 183/02

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2010/413/CFSP and Council Regulation (EU) No 267/2012 concerning restrictive measures against Iran apply

2

 

European Commission

2019/C 183/03

Euro exchange rates

3

 

NOTICES FROM MEMBER STATES

2019/C 183/04

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, exploration and production of lignite under concession in the Sajókápolna area

4

2019/C 183/05

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, extraction and exploitation of geothermal energy under concession in the Gádoros area

8

2019/C 183/06

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Zala-Kelet area

12

2019/C 183/07

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Pusztaszer area

17

2019/C 183/08

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Nyírbátor area

21

2019/C 183/09

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Kisvárda area

26

2019/C 183/10

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Kadarkút area

31

2019/C 183/11

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the ÉRD area

36

2019/C 183/12

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Csorna area

41

2019/C 183/13

Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Csongrád area

47


EN

 


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

28.5.2019   

EN

Official Journal of the European Union

C 183/1


Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2010/413/CFSP as amended by Council Decision (CFSP) 2019/870 and in Council Regulation (EU) No 267/2012 as implemented by Council Implementing Regulation (EU) 2019/855 concerning restrictive measures against Iran

(2019/C 183/01)

The following information is brought to the attention of the persons and entities that are presently designated in Annex II to Council Decision 2010/413/CFSP (1) as amended by Council Decision (CFSP) 2019/870 (2) and in Annex IX to Council Regulation (EU) No 267/2012 (3) as implemented by Council Implementing Regulation (EU) 2019/855 (4) concerning restrictive measures against Iran.

The Council of the European Union, after having reviewed the list of persons and entities presently designated in the above-mentioned Annexes, has determined that the restrictive measures provided for in Decision 2010/413/CFSP and in Regulation (EU) No 267/2012 should continue to apply to those persons and entities.

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 on the websites in Annex X to Regulation (EU) No 267/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 26 of the Regulation).

The persons and entities concerned may submit a request to the Council before 31 December 2019, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu


(1)  OJ L 195, 27.7.2010, p. 39.

(2)  OJ L 140, 28.5.2019, p. 90.

(3)  OJ L 88, 24.3.2012, p. 1.

(4)  OJ L 140, 28.5.2019, p. 1.


28.5.2019   

EN

Official Journal of the European Union

C 183/2


Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2010/413/CFSP and Council Regulation (EU) No 267/2012 concerning restrictive measures against Iran apply

(2019/C 183/02)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal basis for this processing operation are Council Decision 2010/413/CFSP (2), as amended by Council Decision (CFSP) 2019/870 (3), and Regulation (EU) No 267/2012 (4), as implemented by Council Implementing Regulation (EU) 2019/855 (5).

The controller of this processing operation is the Department RELEX.1.C in the Directorate-General for Foreign Affairs, Enlargement and Civil Protection — RELEX of the General Secretariat of the Council (GSC), that can be contacted at:

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The GSC’s Data Protection Officer can be contacted at:

Data Protection Officer

data.protection@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 Decision 2010/413/CFSP, as amended by Decision (CFSP) 2019/870, and Regulation (EU) No 267/2012, as implemented by Implementing Regulation (EU) 2019/855.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision 2010/413/CFSP and Regulation (EU) No 267/2012.

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 pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects such as the right of access, as well as the rights to rectification or to object will be answered in accordance with Regulation (EU) 2018/1725.

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 restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).


(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 195, 27.7.2010, p. 39.

(3)  OJ L 140, 28.5.2019, p. 90.

(4)  OJ L 88, 24.3.2012, p. 1.

(5)  OJ L 140, 28.5.2019, p. 1.


European Commission

28.5.2019   

EN

Official Journal of the European Union

C 183/3


Euro exchange rates (1)

27 May 2019

(2019/C 183/03)

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,1198

JPY

Japanese yen

122,56

DKK

Danish krone

7,4688

GBP

Pound sterling

0,88225

SEK

Swedish krona

10,7148

CHF

Swiss franc

1,1257

ISK

Iceland króna

138,70

NOK

Norwegian krone

9,7523

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,834

HUF

Hungarian forint

325,75

PLN

Polish zloty

4,2935

RON

Romanian leu

4,7604

TRY

Turkish lira

6,7670

AUD

Australian dollar

1,6168

CAD

Canadian dollar

1,5061

HKD

Hong Kong dollar

8,7899

NZD

New Zealand dollar

1,7107

SGD

Singapore dollar

1,5393

KRW

South Korean won

1 326,85

ZAR

South African rand

16,1888

CNY

Chinese yuan renminbi

7,7254

HRK

Croatian kuna

7,4230

IDR

Indonesian rupiah

16 102,72

MYR

Malaysian ringgit

4,6880

PHP

Philippine peso

58,466

RUB

Russian rouble

72,1850

THB

Thai baht

35,643

BRL

Brazilian real

4,4905

MXN

Mexican peso

21,3291

INR

Indian rupee

77,8585


(1)  Source: reference exchange rate published by the ECB.


NOTICES FROM MEMBER STATES

28.5.2019   

EN

Official Journal of the European Union

C 183/4


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, exploration and production of lignite under concession in the Sajókápolna area

(2019/C 183/04)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, hereby issues a public invitation to tender for the prospection, exploration and production of lignite 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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 county of Borsod-Abaúj-Zemplén.

Municipality

County

Sajókápolna

Borsod-Abaúj-Zemplén

Overburden of area designated for concession: surface and bedrock: 500 metres below Baltic Sea level.

Areas cleared to make way for a mine site established for lignite 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 lignite 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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 0,0506 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.

The raw material to be prospected for and produced in the area designated for concession is classified under the group ‘Lignite II (ortho-lignite)’ of the main group ‘Coal’ set out in Government Decree No 54/2008 of 20 March 2008 on the nominal values of mineral raw materials and geothermal energy, and determining the method for calculating these values.

5.   Minimum net concession fee: HUF 3 000 000 (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 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 500 000 (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 500 000 (five hundred thousand forint) by 24.00 hours on 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 minimum rate of the mining royalty for lignite production payable on the basis of the concession contract will be 2 % in accordance with the decision of the Minister. A bid may be entered in the tendering procedure offering to pay a mining royalty supplement, which if agreed must be recorded in the concession contract and 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 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 SKLIDV 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 2019 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 Innovation and Technology as the Minister’s place of work.

16.   The successful bidder will acquire the exclusive right for the prospection, exploration and production of lignite 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:

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of lignite);

the planned duration of the research;

the financial commitment undertaken when implementing the Programme of Research Work;

how up-to-date the envisaged technical solutions are;

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

how soon commencement of production is envisaged (by law, within less than five years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

the total value of work performed in connection with lignite mining in the three years preceding the invitation to tender.

III)

Assessment criteria relating to financial obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

the size of the mining royalty offered in comparison to the minimum mining royalty set by the Minister.

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 lignite 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 7(1) of Government Decree No 203/1998 of 19 December 1998 implementing Act XLVIII of 1993 on mining, which states that in the case of carbons a mining operator’s prospection right or prospection permit may cover a total of no more than 400 km2 of prospection territory combined with the area designated for concession. When establishing the prospection territory, account must also be taken of the prospection territory of the mining operator that controls – within the meaning of Act V of 2013 on 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, March 2019

Prof. Dr. László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.


28.5.2019   

EN

Official Journal of the European Union

C 183/8


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, extraction and exploitation of geothermal energy under concession in the Gádoros area

(2019/C 183/05)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, 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 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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: 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 within the municipalities listed in the table below in the counties of Békés and Csongrád.

Municipality

County

Municipality

County

Árpádhalom

Csongrád

Nagymágocs

Csongrád

Csorvás

Békés

Nagyszénás

Békés

Eperjes

Csongrád

Orosháza

Békés

Fábiánsebestyén

Csongrád

Szentes

Csongrád

Gádoros

Békés

 

 

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 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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 419,4 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 21 000 000 (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 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 24.00 hours on 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 minimum 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 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 GAGTDV 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 2019 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 Innovation and Technology 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, 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

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of geothermal energy);

the planned duration of the research;

the financial commitment undertaken when implementing the Programme of Research Work;

how up-to-date the envisaged technical solutions are;

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

how soon exploitation for energy purposes is envisaged (by law, within less than three years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

the total value of work performed in connection with the prospection, extraction and exploitation of geothermal energy.

III)

Assessment criteria relating to payment obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

the mining royalty supplement offered in comparison to the minimum mining royalty set by the Minister.

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 Mining and Geological Service using the email address indicated on the Bidder Identification Sheet submitted when the Tender Document was purchased.

Budapest, March 2019.

Prof. Dr. László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.


28.5.2019   

EN

Official Journal of the European Union

C 183/12


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Zala-Kelet area

(2019/C 183/06)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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 county of Zala:

Municipality

County

Municipality

County

Almásháza

Zala

Nemeshetés

Zala

Alsónemesapáti

Zala

Nemesrádó

Zala

Alsópáhok

Zala

Nemessándorháza

Zala

Alsórajk

Zala

Nemesszentandrás

Zala

Babosdöbréte

Zala

Óhíd

Zala

Bezeréd

Zala

Orbányosfa

Zala

Bókaháza

Zala

Orosztony

Zala

Búcsúszentlászló

Zala

Pacsa

Zala

Csatár

Zala

Padár

Zala

Dióskál

Zala

Pakod

Zala

Döbröce

Zala

Pethőhenye

Zala

Dötk

Zala

Pókaszepetk

Zala

Egeraracsa

Zala

Pölöske

Zala

Esztergályhorváti

Zala

Sármellék

Zala

Felsőpáhok

Zala

Sénye

Zala

Felsőrajk

Zala

Szentgyörgyvár

Zala

Garabonc

Zala

Szentpéterúr

Zala

Gelse

Zala

Teskánd

Zala

Gelsesziget

Zala

Tilaj

Zala

Gétye

Zala

Újudvar

Zala

Gyűrűs

Zala

Vindornyafok

Zala

Hévíz

Zala

Vindornyalak

Zala

Kacorlak

Zala

Vindornyaszőlős

Zala

Kallósd

Zala

Zalaapáti

Zala

Karmacs

Zala

Zalabér

Zala

Kehidakustány

Zala

Zalacsány

Zala

Kemendollár

Zala

Zalaegerszeg

Zala

Kerecseny

Zala

Zalaigrice

Zala

Kilimán

Zala

Zalaistvánd

Zala

Kisbucsa

Zala

Zalakaros

Zala

Kisgörbő

Zala

Zalaköveskút

Zala

Ligetfalva

Zala

Zalamerenye

Zala

Misefa

Zala

Zalaszabar

Zala

Nagybakónak

Zala

Zalaszentgrót

Zala

Nagygörbő

Zala

Zalaszentlászló

Zala

Nagykapornak

Zala

Zalaszentmárton

Zala

Nagyrada

Zala

Zalaszentmihály

Zala

Nemesapáti

Zala

Zalaújlak

Zala

Nemesbük

Zala

Zalavár

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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 692,1 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 157 500 000 (one hundred and fifty-seven 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 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. The participation fee must arrive on the account set out in the Tender Document by 24.00 hours on the day preceding the deadline for submitting bids.

7.   In addition to paying the participation fee, for their bid to be valid bidders must pay a tendering security of HUF 50 000 000 (fifty million forint) by 24.00 hours on 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 minimum rate of the mining royalty payable on the basis of the concession contract will — in accordance with the decision of the Minister — be 16 % in the case of conventional hydrocarbon production, and the mining royalty in force on the date of submission of bids as set out in the Mining Act in the cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act. A bid may be entered in the tendering procedure to pay a higher mining royalty by offering a uniformly defined supplement in addition to the minimum mining royalty, provided that the resulting mining royalty amounts are laid down in the concession contract for all the cases set out above and 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 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 ZKCHDV 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 2019 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 Innovation and Technology 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

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

the planned duration of the research;

the financial commitment undertaken when implementing the Programme of Research Work;

how up-to-date the envisaged technical solutions are;

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

how soon commencement of production is envisaged (by law, within less than five years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

III)

Assessment criteria relating to financial obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

the uniformly defined mining royalty supplement offered in comparison to the minimum mining royalty set by the Minister.

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 20 000 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 Act V of 2013 on 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, March 2019.

Prof. Dr. László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.


28.5.2019   

EN

Official Journal of the European Union

C 183/17


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Pusztaszer area

(2019/C 183/07)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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

The area designated for concession is situated within the municipalities listed in the table below in the counties of Bács–Kiskun and Csongrád:

Municipality

County

Municipality

County

Ásotthalom

Csongrád

Mórahalom

Csongrád

Balotaszállás

Bács–Kiskun

Öttömös

Csongrád

Csengele

Csongrád

Pálmonostora

Bács–Kiskun

Csólyospálos

Bács–Kiskun

Petőfiszállás

Bács–Kiskun

Felgyő

Csongrád

Pusztamérges

Csongrád

Gátér

Bács–Kiskun

Pusztaszer

Csongrád

Harkakötöny

Bács–Kiskun

Ruzsa

Csongrád

Jászszentlászló

Bács–Kiskun

Szank

Bács–Kiskun

Kelebia

Bács–Kiskun

Tázlár

Bács–Kiskun

Kiskunfélegyháza

Bács–Kiskun

Tompa

Bács–Kiskun

Kiskunhalas

Bács–Kiskun

Tömörkény

Csongrád

Kiskunmajsa

Bács–Kiskun

Üllés

Csongrád

Kistelek

Csongrád

Zákányszék

Csongrád

Kisszállás

Bács–Kiskun

Zsana

Bács–Kiskun

Kömpöc

Bács–Kiskun

 

 

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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 1 325,5 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 345 000 000 (three hundred and 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 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. The participation fee must arrive on the account set out in the Tender Document by 24.00 hours on the day preceding the deadline for submitting bids.

7.   In addition to paying the participation fee, for their bid to be valid bidders must pay a tendering security of HUF 50 000 000 (fifty million forint) by 24.00 hours on 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 minimum rate of the mining royalty payable on the basis of the concession contract will — in accordance with the decision of the Minister — be 16 % in the case of conventional hydrocarbon production, and the mining royalty in force on the date of submission of bids as set out in the Mining Act in the cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act. A bid may be entered in the tendering procedure to pay a higher mining royalty by offering a uniformly defined supplement in addition to the minimum mining royalty, provided that the resulting mining royalty amounts are laid down in the concession contract for all the cases set out above and 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 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 PSZCHDV 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 2019 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 Innovation and Technology 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

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

the planned duration of the research;

the financial commitment undertaken when implementing the Programme of Research Work;

how up-to-date the envisaged technical solutions are;

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

how soon commencement of production is envisaged (by law, within less than five years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

III)

Assessment criteria relating to financial obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

the uniformly defined mining royalty supplement offered in comparison to the minimum mining royalty set by the Minister.

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 20 000 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 Act V of 2013 on 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, March 2019.

Prof. Dr. László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.


28.5.2019   

EN

Official Journal of the European Union

C 183/21


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Nyírbátor area

(2019/C 183/08)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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 Hajdú–Bihar and Szabolcs–Szatmár–Bereg:

Municipality

County

Municipality

County

Balkány

Szabolcs–Szatmár–Bereg

Nyírbogát

Szabolcs–Szatmár–Bereg

Bátorliget

Szabolcs–Szatmár–Bereg

Nyírcsaholy

Szabolcs–Szatmár–Bereg

Biri

Szabolcs–Szatmár–Bereg

Nyírcsászári

Szabolcs–Szatmár–Bereg

Bököny

Szabolcs–Szatmár–Bereg

Nyírderzs

Szabolcs–Szatmár–Bereg

Encsencs

Szabolcs–Szatmár–Bereg

Nyíregyháza

Szabolcs–Szatmár–Bereg

Érpatak

Szabolcs–Szatmár–Bereg

Nyírgelse

Szabolcs–Szatmár–Bereg

Fábiánháza

Szabolcs–Szatmár–Bereg

Nyírgyulaj

Szabolcs–Szatmár–Bereg

Fülöp

Hajdú–Bihar

Nyírkáta

Szabolcs–Szatmár–Bereg

Geszteréd

Szabolcs–Szatmár–Bereg

Nyírlugos

Szabolcs–Szatmár–Bereg

Hajdúhadház

Hajdú–Bihar

Nyírmárton-falva

Hajdú–Bihar

Hajdúsámson

Hajdú–Bihar

Nyírmihálydi

Szabolcs–Szatmár–Bereg

Kállósemjén

Szabolcs–Szatmár–Bereg

Nyírpilis

Szabolcs–Szatmár–Bereg

Kisléta

Szabolcs–Szatmár–Bereg

Nyírvasvári

Szabolcs–Szatmár–Bereg

Máriapócs

Szabolcs–Szatmár–Bereg

Ömböly

Szabolcs–Szatmár–Bereg

Nagykálló

Szabolcs–Szatmár–Bereg

Penészlek

Szabolcs–Szatmár–Bereg

Nyíracsád

Hajdú–Bihar

Piricse

Szabolcs–Szatmár–Bereg

Nyíradony

Hajdú–Bihar

Pócspetri

Szabolcs–Szatmár–Bereg

Nyírbátor

Szabolcs–Szatmár–Bereg

Szakoly

Szabolcs–Szatmár–Bereg

Nyírbéltek

Szabolcs–Szatmár–Bereg

Terem

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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 1 054,2 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 282 000 000 (two hundred and eighty-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. The participation fee must arrive on the account set out in the Tender Document by 24.00 hours on the day preceding the deadline for submitting bids.

7.   In addition to paying the participation fee, for their bid to be valid bidders must pay a tendering security of HUF 50 000 000 (fifty million forint) by 24.00 hours on 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 minimum rate of the mining royalty payable on the basis of the concession contract will – in accordance with the decision of the Minister – be 16 % in the case of conventional hydrocarbon production, and the mining royalty in force on the date of submission of bids as set out in the Mining Act in the cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act. A bid may be entered in the tendering procedure to pay a higher mining royalty by offering a uniformly defined supplement in addition to the minimum mining royalty, provided that the resulting mining royalty amounts are laid down in the concession contract for all the cases set out above and 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 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 NYCHDV 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 2019 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 Innovation and Technology 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

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

the planned duration of the research;

the financial commitment undertaken when implementing the Programme of Research Work;

how up-to-date the envisaged technical solutions are;

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

how soon commencement of production is envisaged (by law, within less than five years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

III)

Assessment criteria relating to financial obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

the uniformly defined mining royalty supplement offered in comparison to the minimum mining royalty set by the Minister.

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 20 000 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 Act V of 2013 on 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, March 2019.

Prof. Dr. László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.


28.5.2019   

EN

Official Journal of the European Union

C 183/26


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Kisvárda area

(2019/C 183/09)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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 Szabolcs–Szatmár–Bereg:

Municipality

County

Municipality

County

Ajak

Szabolcs–Szatmár–Bereg

Napkor

Szabolcs–Szatmár–Bereg

Anarcs

Szabolcs–Szatmár–Bereg

Nyírbogdány

Szabolcs–Szatmár–Bereg

Apagy

Szabolcs–Szatmár–Bereg

Nyíregyháza

Szabolcs–Szatmár–Bereg

Baktalóránt-háza

Szabolcs–Szatmár–Bereg

Nyírgyulaj

Szabolcs–Szatmár–Bereg

Berkesz

Szabolcs–Szatmár–Bereg

Nyíribrony

Szabolcs–Szatmár–Bereg

Besenyőd

Szabolcs–Szatmár–Bereg

Nyírjákó

Szabolcs–Szatmár–Bereg

Beszterec

Szabolcs–Szatmár–Bereg

Nyírkarász

Szabolcs–Szatmár–Bereg

Bodroghalom

Borsod–Abaúj–Zemplén

Nyírkércs

Szabolcs–Szatmár–Bereg

Cigánd

Borsod–Abaúj–Zemplén

Nyírpazony

Szabolcs–Szatmár–Bereg

Dámóc

Borsod–Abaúj–Zemplén

Nyírtass

Szabolcs–Szatmár–Bereg

Demecser

Szabolcs–Szatmár–Bereg

Nyírtét

Szabolcs–Szatmár–Bereg

Dombrád

Szabolcs–Szatmár–Bereg

Nyírtura

Szabolcs–Szatmár–Bereg

Döge

Szabolcs–Szatmár–Bereg

Ófehértó

Szabolcs–Szatmár–Bereg

Fényeslitke

Szabolcs–Szatmár–Bereg

Pácin

Borsod–Abaúj–Zemplén

Gégény

Szabolcs–Szatmár–Bereg

Pátroha

Szabolcs–Szatmár–Bereg

Gyulaháza

Szabolcs–Szatmár–Bereg

Petneháza

Szabolcs–Szatmár–Bereg

Kállósemjén

Szabolcs–Szatmár–Bereg

Pócspetri

Szabolcs–Szatmár–Bereg

Karcsa

Borsod–Abaúj–Zemplén

Ramocsaháza

Szabolcs–Szatmár–Bereg

Karos

Borsod–Abaúj–Zemplén

Rétközberencs

Szabolcs–Szatmár–Bereg

Kék

Szabolcs–Szatmár–Bereg

Révleányvár

Borsod–Abaúj–Zemplén

Kékcse

Szabolcs–Szatmár–Bereg

Ricse

Borsod–Abaúj–Zemplén

Kemecse

Szabolcs–Szatmár–Bereg

Semjén

Borsod–Abaúj–Zemplén

Kisrozvágy

Borsod–Abaúj–Zemplén

Sényő

Szabolcs–Szatmár–Bereg

Kisvárda

Szabolcs–Szatmár–Bereg

Szabolcs-veresmart

Szabolcs–Szatmár–Bereg

Komoró

Szabolcs–Szatmár–Bereg

Székely

Szabolcs–Szatmár–Bereg

Kótaj

Szabolcs–Szatmár–Bereg

Tiszacsermely

Borsod–Abaúj–Zemplén

Lácacséke

Borsod–Abaúj–Zemplén

Tiszakanyár

Szabolcs–Szatmár–Bereg

Laskod

Szabolcs–Szatmár–Bereg

Tiszakarád

Borsod–Abaúj–Zemplén

Levelek

Szabolcs–Szatmár–Bereg

Tiszarád

Szabolcs–Szatmár–Bereg

Magy

Szabolcs–Szatmár–Bereg

Tiszatelek

Szabolcs–Szatmár–Bereg

Máriapócs

Szabolcs–Szatmár–Bereg

Tuzsér

Szabolcs–Szatmár–Bereg

Nagyhalász

Szabolcs–Szatmár–Bereg

Újdombrád

Szabolcs–Szatmár–Bereg

Nagykálló

Szabolcs–Szatmár–Bereg

Vasmegyer

Szabolcs–Szatmár–Bereg

Nagyrozvágy

Borsod–Abaúj–Zemplén

Zemplénagárd

Borsod–Abaúj–Zemplén

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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 1 405,1 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 324 000 000 (three hundred and twenty-four 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. The participation fee must arrive on the account set out in the Tender Document by 24.00 hours on the day preceding the deadline for submitting bids.

7.   In addition to paying the participation fee, for their bid to be valid bidders must pay a tendering security of HUF 50 000 000 (fifty million forint) by 24.00 hours on 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 minimum rate of the mining royalty payable on the basis of the concession contract will — in accordance with the decision of the Minister — be 16 % in the case of conventional hydrocarbon production, and the mining royalty in force on the date of submission of bids as set out in the Mining Act in the cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act. A bid may be entered in the tendering procedure to pay a higher mining royalty by offering a uniformly defined supplement in addition to the minimum mining royalty, provided that the resulting mining royalty amounts are laid down in the concession contract for all the cases set out above and 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 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 KVCHDV 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 25 September 2019 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 Innovation and Technology 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

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

the planned duration of the research;

the financial commitment undertaken when implementing the Programme of Research Work;

how up-to-date the envisaged technical solutions are;

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

how soon commencement of production is envisaged (by law, within less than five years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

III)

Assessment criteria relating to financial obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

the uniformly defined mining royalty supplement offered in comparison to the minimum mining royalty set by the Minister.

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 20 000 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 Act V of 2013 on 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, March 2019.

Prof. Dr. László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.


28.5.2019   

EN

Official Journal of the European Union

C 183/31


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Kadarkút area

(2019/C 183/10)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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 Somogy and Baranya:

Municipality

County

Municipality

County

Babócsa

Somogy

Mike

Somogy

Bakháza

Somogy

Molvány

Baranya

Bárdudvarnok

Somogy

Nagyatád

Somogy

Basal

Baranya

Nagybajom

Somogy

Beleg

Somogy

Nagydobsza

Baranya

Böhönye

Somogy

Nagykorpád

Somogy

Bőszénfa

Somogy

Nemeske

Baranya

Csertő

Baranya

Ötvöskónyi

Somogy

Csokonyavisonta

Somogy

Pálmajor

Somogy

Csököly

Somogy

Patapoklosi

Baranya

Gige

Somogy

Patca

Somogy

Görgeteg

Somogy

Patosfa

Somogy

Háromfa

Somogy

Rinyabesenyő

Somogy

Hedrehely

Somogy

Rinyakovácsi

Somogy

Hencse

Somogy

Rinyaszentkirály

Somogy

Hetes

Somogy

Rinyaújlak

Somogy

Homokszentgyörgy

Somogy

Rinyaújnép

Somogy

Jákó

Somogy

Segesd

Somogy

Juta

Somogy

Somogyapáti

Baranya

Kadarkút

Somogy

Somogyaracs

Somogy

Kálmáncsa

Somogy

Somogyhárságy

Baranya

Kaposfő

Somogy

Somogyhatvan

Baranya

Kaposmérő

Somogy

Somogysárd

Somogy

Kaposújlak

Somogy

Somogyviszló

Baranya

Kaposvár

Somogy

Szabás

Somogy

Kaposszerdahely

Somogy

Szenna

Somogy

Kisasszond

Somogy

Szenyér

Somogy

Kisbajom

Somogy

Szigetvár

Baranya

Kiskorpád

Somogy

Szilvásszentmárton

Somogy

Kőkút

Somogy

Szulok

Somogy

Kutas

Somogy

Tótszentgyörgy

Baranya

Lábod

Somogy

Vásárosbéc

Baranya

Lad

Somogy

Visnye

Somogy

Magyarlukafa

Baranya

Zselickisfalud

Somogy

Merenye

Baranya

 

 

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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 1 208,3 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 345 000 000 (three hundred and 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 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. The participation fee must arrive on the account set out in the Tender Document by 24.00 hours on the day preceding the deadline for submitting bids.

7.   In addition to paying the participation fee, for their bid to be valid bidders must pay a tendering security of HUF 50 000 000 (fifty million forint) by 24.00 hours on 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 minimum rate of the mining royalty payable on the basis of the concession contract will — in accordance with the decision of the Minister — be 16 % in the case of conventional hydrocarbon production, and the mining royalty in force on the date of submission of bids as set out in the Mining Act in the cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act. A bid may be entered in the tendering procedure to pay a higher mining royalty by offering a uniformly defined supplement in addition to the minimum mining royalty, provided that the resulting mining royalty amounts are laid down in the concession contract for all the cases set out above and 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 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 KACHDV 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 25 September 2019 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 Innovation and Technology 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

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

the planned duration of the research;

the financial commitment undertaken when implementing the Programme of Research Work;

how up-to-date the envisaged technical solutions are;

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

how soon commencement of production is envisaged (by law, within less than five years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

III)

Assessment criteria relating to financial obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

the uniformly defined mining royalty supplement offered in comparison to the minimum mining royalty set by the Minister.

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 20 000 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 Act V of 2013 on 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, March 2019.

Prof. Dr. László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.


28.5.2019   

EN

Official Journal of the European Union

C 183/36


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the ÉRD area

(2019/C 183/11)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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 Budapest, Pest and Fejér:

Municipality

County

Municipality

County

Alcsútdoboz

Fejér

Etyek

Fejér

Alsónémedi

Pest

Gyál

Pest

Biatorbágy

Pest

Gyúró

Fejér

Budaörs

Pest

Halásztelek

Pest

Budapest_IX.

Budapest

Kajászó

Fejér

Budapest_VII.

Budapest

Martonvásár

Fejér

Budapest_VIII.

Budapest

Pusztazámor

Pest

Budapest_X.

Budapest

Ráckeresztúr

Fejér

Budapest_XI.

Budapest

Sóskút

Pest

Budapest_XIV.

Budapest

Százhalombatta

Pest

Budapest_XIX.

Budapest

Szigethalom

Pest

Budapest_XVI.

Budapest

Szigetszentmiklós

Pest

Budapest_XVII.

Budapest

Tabajd

Fejér

Budapest_XVIII.

Budapest

Taksony

Pest

Budapest_XX.

Budapest

Tárnok

Pest

Budapest_XXI.

Budapest

Tordas

Fejér

Budapest_XXII.

Budapest

Tököl

Pest

Budapest_XXIII.

Budapest

Törökbálint

Pest

Diósd

Pest

Vál

Fejér

Dunaharaszti

Pest

Vecsés

Pest

Ecser

Pest

Vereb

Fejér

Érd

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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 675,7 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 303 000 000 (three hundred and 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 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. The participation fee must arrive on the account set out in the Tender Document by 24.00 hours on the day preceding the deadline for submitting bids.

7.   In addition to paying the participation fee, for their bid to be valid bidders must pay a tendering security of HUF 50 000 000 (fifty million forint) by 24.00 hours on 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 minimum rate of the mining royalty payable on the basis of the concession contract will — in accordance with the decision of the Minister — be 16 % in the case of conventional hydrocarbon production, and the mining royalty in force on the date of submission of bids as set out in the Mining Act in the cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act. A bid may be entered in the tendering procedure to pay a higher mining royalty by offering a uniformly defined supplement in addition to the minimum mining royalty, provided that the resulting mining royalty amounts are laid down in the concession contract for all the cases set out above and 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 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 ÉRCHDV 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 25 September 2019 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 Innovation and Technology 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

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon),

the planned duration of the research,

the financial commitment undertaken when implementing the Programme of Research Work,

how up-to-date the envisaged technical solutions are,

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession,

how soon commencement of production is envisaged (by law, within less than five years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources,

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

III)

Assessment criteria relating to financial obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister,

the uniformly defined mining royalty supplement offered in comparison to the minimum mining royalty set by the Minister.

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 20 000 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 Act V of 2013 on 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, March 2019.

Prof Dr László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.


28.5.2019   

EN

Official Journal of the European Union

C 183/41


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Csorna area

(2019/C 183/12)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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 and Veszprém:

Municipality

County

Municipality

County

Abda

Győr–Moson–Sopron

Marcaltő

Veszprém

Acsalag

Győr–Moson–Sopron

Markotabödöge

Győr–Moson–Sopron

Árpás

Győr–Moson–Sopron

Mérges

Győr–Moson–Sopron

Babót

Győr–Moson–Sopron

Mezőlak

Veszprém

Bágyogszovát

Győr–Moson–Sopron

Mihályi

Győr–Moson–Sopron

Barbacs

Győr–Moson–Sopron

Mórichida

Győr–Moson–Sopron

Beled

Győr–Moson–Sopron

Mosonszentmiklós

Győr–Moson–Sopron

Bezi

Győr–Moson–Sopron

Nagyacsád

Veszprém

Bodonhely

Győr–Moson–Sopron

Nagygyimót

Veszprém

Bogyoszló

Győr–Moson–Sopron

Nemesgörzsöny

Veszprém

Börcs

Győr–Moson–Sopron

Osli

Győr–Moson–Sopron

Bősárkány

Győr–Moson–Sopron

Öttevény

Győr–Moson–Sopron

Cakóháza

Győr–Moson–Sopron

Páli

Győr–Moson–Sopron

Csikvánd

Győr–Moson–Sopron

Pápa

Veszprém

Csorna

Győr–Moson–Sopron

Pásztori

Győr–Moson–Sopron

Dör

Győr–Moson–Sopron

Potyond

Győr–Moson–Sopron

Egyed

Győr–Moson–Sopron

Rábacsanak

Győr–Moson–Sopron

Enese

Győr–Moson–Sopron

Rábacsécsény

Győr–Moson–Sopron

Farád

Győr–Moson–Sopron

Rábapatona

Győr–Moson–Sopron

Fehértó

Győr–Moson–Sopron

Rábapordány

Győr–Moson–Sopron

Felpéc

Győr–Moson–Sopron

Rábaszentandrás

Győr–Moson–Sopron

Gecse

Veszprém

Rábaszentmihály

Győr–Moson–Sopron

Gyarmat

Győr–Moson–Sopron

Rábaszentmiklós

Győr–Moson–Sopron

Gyömöre

Győr–Moson–Sopron

Rábatamási

Győr–Moson–Sopron

Győr

Győr–Moson–Sopron

Rábcakapi

Győr–Moson–Sopron

Győrsövényház

Győr–Moson–Sopron

Sobor

Győr–Moson–Sopron

Győrszemere

Győr–Moson–Sopron

Sopronnémeti

Győr–Moson–Sopron

Ikrény

Győr–Moson–Sopron

Szany

Győr–Moson–Sopron

Jánossomorja

Győr–Moson–Sopron

Szárföld

Győr–Moson–Sopron

Jobaháza

Győr–Moson–Sopron

Szerecseny

Győr–Moson–Sopron

Kapuvár

Győr–Moson–Sopron

Szil

Győr–Moson–Sopron

Kisbabot

Győr–Moson–Sopron

Szilsárkány

Győr–Moson–Sopron

Kisfalud

Győr–Moson–Sopron

Takácsi

Veszprém

Kóny

Győr–Moson–Sopron

Tárnokréti

Győr–Moson–Sopron

Koroncó

Győr–Moson–Sopron

Tét

Győr–Moson–Sopron

Lébény

Győr–Moson–Sopron

Vadosfa

Győr–Moson–Sopron

Lovászpatona

Veszprém

Vaszar

Veszprém

Maglóca

Győr–Moson–Sopron

Veszkény

Győr–Moson–Sopron

Magyarkeresztúr

Győr–Moson–Sopron

Zsebeháza

Győr–Moson–Sopron

Malomsok

Veszprém

 

 

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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 1 043 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 291 000 000 (two hundred and ninety-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. The participation fee must arrive on the account set out in the Tender Document by 24.00 hours on the day preceding the deadline for submitting bids.

7.   In addition to paying the participation fee, for their bid to be valid bidders must pay a tendering security of HUF 50 000 000 (fifty million forint) by 24.00 hours on 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 minimum rate of the mining royalty payable on the basis of the concession contract will – in accordance with the decision of the Minister – be 16 % in the case of conventional hydrocarbon production, and the mining royalty in force on the date of submission of bids as set out in the Mining Act in the cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act. A bid may be entered in the tendering procedure to pay a higher mining royalty by offering a uniformly defined supplement in addition to the minimum mining royalty, provided that the resulting mining royalty amounts are laid down in the concession contract for all the cases set out above and 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 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 CSCHDV 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 25 September 2019 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 Innovation and Technology 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

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

the planned duration of the research;

the financial commitment undertaken when implementing the Programme of Research Work;

how up-to-date the envisaged technical solutions are;

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

how soon commencement of production is envisaged (by law, within less than five years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

III)

Assessment criteria relating to financial obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

the uniformly defined mining royalty supplement offered in comparison to the minimum mining royalty set by the Minister.

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 20 000 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 Act V of 2013 on 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, March 2019.

Prof. Dr. László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.


28.5.2019   

EN

Official Journal of the European Union

C 183/47


Communication from the Hungarian Ministry of Innovation and Technology pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Public invitation to tender for a concession for the prospection, exploration and production of hydrocarbon under concession in the Csongrád area

(2019/C 183/13)

On behalf of the Hungarian State, the Minister for Innovation and Technology (‘the Contracting Authority’ or ‘the Minister’), as the minister responsible for mining, 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 in accordance with Section 5(1) of the Concessions Act (1), on the basis of which the Minister may then conclude the concession contract with the successful bidder.

The language of the tendering procedure is Hungarian.

2.   Participation in the tendering procedure is open to any Hungarian or foreign natural person with capacity to act 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, Csongrád and Jász–Nagykun–Szolnok:

Municipality

County

Municipality

County

Bugac

Bács–Kiskun

Kunszállás

Bács–Kiskun

Csépa

Jász–Nagykun–Szolnok

Nagytőke

Csongrád

Csongrád

Csongrád

Petőfiszállás

Bács–Kiskun

Felgyő

Csongrád

Szelevény

Jász–Nagykun–Szolnok

Fülöpjakab

Bács–Kiskun

Szentes

Csongrád

Gátér

Bács–Kiskun

Tiszaalpár

Bács–Kiskun

Jászszentlászló

Bács–Kiskun

Tömörkény

Csongrád

Kiskunfélegyháza

Bács–Kiskun

Városföld

Bács–Kiskun

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 Innovation and Technology (http://www.kormany.hu/hu/innovacios-es-technologiai-miniszterium).

Size of area designated for concession: 669,6 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 336 000 000 (three hundred and thirty-six 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. The participation fee must arrive on the account set out in the Tender Document by 24.00 hours on the day preceding the deadline for submitting bids.

7.   In addition to paying the participation fee, for their bid to be valid bidders must pay a tendering security of HUF 50 000 000 (fifty million forint) by 24.00 hours on 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 minimum rate of the mining royalty payable on the basis of the concession contract will — in accordance with the decision of the Minister — be 16 % in the case of conventional hydrocarbon production, and the mining royalty in force on the date of submission of bids as set out in the Mining Act in the cases specified in Section 20(3)(e) and (i) and Section 20(5) of the Mining Act. A bid may be entered in the tendering procedure to pay a higher mining royalty by offering a uniformly defined supplement in addition to the minimum mining royalty, provided that the resulting mining royalty amounts are laid down in the concession contract for all the cases set out above and 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 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 CSCHDV 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 25 September 2019 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 Innovation and Technology 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

I)

Assessment criteria relating to the content of the Programme of Research Work subject to concession:

professional merits of the Programme of Research Work (programme design aiming for maximum prospection of hydrocarbon);

the planned duration of the research;

the financial commitment undertaken when implementing the Programme of Research Work;

how up-to-date the envisaged technical solutions are;

the measures envisaged for protecting the environment and preventing and reducing damage in the course of the work subject to concession;

how soon commencement of production is envisaged (by law, within less than five years).

II)

Assessment criteria relating to the bidder’s ability to perform the concession contract:

the bidder’s financial standing, the availability of the resources needed to finance the work to be performed under the concession, and the proportion of this accounted for by own resources;

the total value of work performed in connection with hydrocarbon mining in the three years preceding the invitation to tender.

III)

Assessment criteria relating to financial obligations undertaken in the concession contract:

the net concession fee offered in comparison to the minimum concession fee set by the Minister;

the uniformly defined mining royalty supplement offered in comparison to the minimum mining royalty set by the Minister.

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 20 000 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 Act V of 2013 on 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, March 2019.

Prof. Dr. László PALKOVICS

Minister


(1)  At the date on which this invitation to tender is being published, the member of the Government responsible for mining is the Minister for Innovation and Technology, and the member of the Government responsible for overseeing state-owned assets is the Minister without Portfolio responsible for the Administration of National Assets, in accordance with Sections 116(3) and 144(1) of Government Decree No 94/2018 of 22 May 2018 on the duties and powers of members of the Government.