28th Jul 2022 16:18
To: Romanian Financial Supervisory Authority (FSA)
Bucharest Stock Exchange (BSE)
London Stock Exchange (LSE)
Current report in compliance with the Law 24/2017 on issuers of financial instruments and market operations, FSA Regulation no. 5/2018, and the Bucharest Stock Exchange Code
Report date: 28 July 2022
Company name: Societatea Energetica Electrica S.A. (Electrica)
Headquarters: 9 Grigore Alexandrescu Street, 1st District, Bucharest, Romania
Phone/fax no.: 004-021-2085999/ 004-021-2085998
Fiscal Code: RO 13267221
Trade Register registration number: J40/7425/2000
Subscribed and paid in share capital: RON 3,464,435,970
Regulated market where the issued securities are traded: Bucharest Stock Exchange (BSE) and London Stock Exchange (LSE)
Significant events to be reported: Correction of errors identified in the reports on transactions with related parties concluded by Electrica Group's companies in the first semester of 2022, according to Art. 108 of Law No. 24/2017
Electrica informs its shareholders and investors about the correction of several errors identified in the content of the reports on transactions with related parties concluded by Electrica Group's companies in the first semester of 2022, according to Art. 108 of Law No. 24/2017. The errors identified are presented in Annex 1 to this report.
Chief Executive Officer
Alexandru-Aurelian Chirita
Annex: Information regarding the identified errors and their correction
Parties of the transactions | Agreement Type and No., execution date | Scope of transactions | Current Report (date published, code) | Identified error | Error correction |
Buyer: EFSA Seller: OPCOM | Convention for Participation on the Intraday Market no. 38103/ 17 Aug 2021 | Sell - purchase of electricity - IM | 5 January 2022, IRIS (BSE) code - CA99C, RNS (LSE) code - 4818X | Payment due dates and payment methods: "IM Participants issue the invoices, with the date of the last day of the delivery month and send them to OPCOM S.A. by e-mail / fax, in the first three working banking days of the month following the month of delivery and in original or with electronic signature, at the latest by the 10th of the month following the month of delivery." | Payment due dates and payment methods: "OPCOM S.A. issues the invoices with the date of the last day of the delivery month and sends them, electronically signed, by email, to the Participants in the IM in the first three working banking days of the month following the month of delivery. The IM participant has the obligation to ensure the necessary funds in the current account opened at the Settlement Bank, in order to debit the amounts related to the value of the net payment obligations." |
Services provider: EFSA Beneficiary: DEER-TN
| 22/15 Feb 2018; AD 4/16 Dec 2019; AD 5/31 Dec 2020 | Providing the representation service as Balancing Responsible Party | 14 January 2022, IRIS (BSE) code - 722C7, RNS (LSE) code - 4656Y
| Penalties: "If, through his sole fault, the Provider fails to fulfill its obligations under the contract, the Buyer has the right to deduct from the tariff established by the contract, as penalties, an amount equivalent to a percentage of 1.5% of the monthly tariff established." | Penalties: "If, through his sole fault, the Provider fails to fulfill its obligations under the contract, the Buyer has the right to deduct from the tariff established by the contract, as penalties, an amount equivalent to a percentage of 1.5% of the monthly tariff established. If the Buyer does not fulfill, in whole or in part, any payment obligation arising under this Contract and / or specific legal norms applicable until the expiry of the period provided for the clause 13.3, he is obliged to pay, as penalties, an amount equivalent to a percentage share of the payment not made. The percentage rate for each day of delay, until the actual fulfillment of the outstanding payment obligations is what of the interest due for the non-payment on time of the obligations for the state budget, applied starting with the first day following the term stipulated in paragraph 13.3, until the day of payment (exclusive)." |
Buyer: TEL Provider: EFSA
| Contract no. 321 / 20 Jul 2004 - TN Add. no. 15 / 30 Jul 2020 And Contract no. 575 / 06 Nov 2017 - MN Add. no. 2/ 18 Apr 2019
| Re-invoicing pensioners | 26 January 2022, IRIS (BSE) code - 121FD, RNS (LSE) code - 7502Z
| Penalties: "If the beneficiary does not pay the value of the invoices within 30 days from the due date, he owes penalties in the amount of 0.05% for each day of delay, starting with the 31st day and until full payment of the invoice.The amount of the penalties cannot exceed the value of the invoice. and If the payer does not pay the value of the invoices within 30 days from the due date, he owes penalties equal to the level of interest charged for late payment of debts to the state budget, for each day of delay, starting with the first day after maturity and payment in full, including the day of payment. The amount of the penalties cannot exceed the value of the invoice." | Penalties: "If the beneficiary does not pay the value of the invoices within 30 days from the due date, he owes penalties in the amount of 0.05% for each day of delay, starting with the 31st day and until full payment of the invoice. The amount of the penalties cannot exceed the value of the invoice. If the supplier fails to fulfil its obligations under the contract, the Beneficiary to calculate damages-interest equal to an amount equivalent to 0,1% of the contract value related to the month where the failure has been ascertained, for each day of delay, until the actual fulfilment of the obligation, but not more than this value and If the payer does not pay the value of the invoices within 30 days from the due date, he owes penalties equal to the level of interest charged for late payment of debts to the state budget, for each day of delay, starting with the first day after maturity and payment in full, including the day of payment. The amount of the penalties cannot exceed the value of the invoice. If the provider fails to fulfil the obligation assumed by item 4.1.2. of the contract, the Payer has the right to calculate damages-interest equal to an amount equivalent to 0,1% of the contract value(of the settlement invoice), related to the month where the failure has been ascertained, for each day of delay, until the actual fulfilment of the obligation, but not more than this value" |
Services provider: EFSA Beneficiary: DEER-TN
| 22/15 Feb 2018; AD 4/16 Dec 2019; AD 5/31 Dec 2020 | Providing the representation service as Balancing Responsible Party | 27 May 2022 - IRIS (BSE) code - 29AA3, RNS (LSE) code - 0751N | Penalties: "If, through his sole fault, the Provider fails to fulfill its obligations under the contract, the Buyer has the right to deduct from the tariff established by the contract, as penalties, an amount equivalent to a percentage of 1.5% of the monthly tariff established." | Penalties: "If, through his sole fault, the Provider fails to fulfill its obligations under the contract, the Buyer has the right to deduct from the tariff established by the contract, as penalties, an amount equivalent to a percentage of 1.5% of the monthly tariff established. If the Buyer does not fulfill, in whole or in part, any payment obligation arising under this Contract and / or specific legal norms applicable until the expiry of the period provided for the clause 13.3, he is obliged to pay, as penalties, an amount equivalent to a percentage share of the payment not made. The percentage rate for each day of delay, until the actual fulfillment of the outstanding payment obligations is what of the interest due for the non-payment on time of the obligations for the state budget, applied starting with the first day following the term stipulated in paragraph 13.3, until the day of payment (exclusive)." |
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Electrica Regs