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ISSN 1977-091X |
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Official Journal of the European Union |
C 183 |
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English edition |
Information and Notices |
Volume 62 |
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Contents |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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Council |
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2019/C 183/01 |
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2019/C 183/02 |
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European Commission |
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2019/C 183/03 |
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NOTICES FROM MEMBER STATES |
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2019/C 183/04 |
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2019/C 183/05 |
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2019/C 183/06 |
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2019/C 183/07 |
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2019/C 183/08 |
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2019/C 183/09 |
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2019/C 183/10 |
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2019/C 183/11 |
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2019/C 183/12 |
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2019/C 183/13 |
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EN |
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IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
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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:
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Council of the European Union |
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General Secretariat |
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RELEX.1.C |
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Rue de la Loi/Wetstraat 175 |
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1048 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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Email: sanctions@consilium.europa.eu |
(1) OJ L 195, 27.7.2010, p. 39.
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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:
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Council of the European Union |
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General Secretariat |
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RELEX.1.C |
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Rue de la Loi/Wetstraat 175 |
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1048 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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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.
European Commission
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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 =
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Currency |
Exchange rate |
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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
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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.
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Municipality |
County |
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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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to financial obligations undertaken in the concession contract:
|
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.
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Municipality |
County |
Municipality |
County |
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Árpádhalom |
Csongrád |
Nagymágocs |
Csongrád |
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Csorvás |
Békés |
Nagyszénás |
Békés |
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Eperjes |
Csongrád |
Orosháza |
Békés |
|
Fábiánsebestyén |
Csongrád |
Szentes |
Csongrád |
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Gádoros |
Békés |
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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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to payment obligations undertaken in the concession contract:
|
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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to financial obligations undertaken in the concession contract:
|
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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to financial obligations undertaken in the concession contract:
|
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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to financial obligations undertaken in the concession contract:
|
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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to financial obligations undertaken in the concession contract:
|
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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to financial obligations undertaken in the concession contract:
|
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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to financial obligations undertaken in the concession contract:
|
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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to financial obligations undertaken in the concession contract:
|
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:
|
|
II) |
Assessment criteria relating to the bidder’s ability to perform the concession contract:
|
|
III) |
Assessment criteria relating to financial obligations undertaken in the concession contract:
|
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.