Romania: tender for petroleum concession agreements

The tenth round of invitations to tender for petroleum concession agreements has been initiated by the Government.

The concession agreements are for the exploration and subsequent extraction of hydrocarbons from 30 onshore and offshore areas.

Some of the offshore areas were recently awarded to Romania by the International Court of Justice as a result of the maritime boundary dispute between Romania and Ukraine.

The Government notice was published in the EU’s Official Journal on 18 November 2009, giving Romanian and foreign companies 120 working days from 19 November 2009 to submit their bids to the National Agency for Mineral Resources.

Any foreign company entering into a petroleum concession agreement must set up a branch or subsidiary in Romania within 90 days of the agreement coming into force.

Bidders can ask NAMR for access to data and geological information in order to prepare their offer. Access will be granted once they sign a confidentiality agreement and pay the legal fees for acquiring the data package, consultation and use of information belonging to the National Geological Data Fund.

All bids must be accompanied by:

• a letter of good standing from the bidder’s bank or auditors to prove they have the technical and financial capacity to fulfil their obligations under the concession agreement
• a minimum exploration programme
• an environmental impact assessment
• a plan to restore the environment
• programmes for technology transfer and staff training

Any petroleum operations to be carried out in Natura 2000 areas (which cover the most endangered habitats and species across Europe) must also observe the particular legal conditions and restrictions applicable to them.

Full details of the invitation and access to the data and geological information can be found on the NAMR website (http://www.namr.ro) at “Tender process for the concession of petroleum operations”. There is also a guide on the website setting out the terms and conditions for participation in the tender.

Law: Notice 2009/C 278/13 from the Government of Romania; Petroleum Law no. 238/2004