REG - Soc EnergElectricaSA - Errors related parties transactions H2 2022
30/01/2023 17:30
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RNS Number : 3105O Societatea Energetica Electrica SA 30 January 2023
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 on issuers of
financial instruments and market operations, and the Bucharest Stock Exchange
Code
Report date: 30 January 2023
Company name: Societatea Energetica Electrica S.A. (Electrica)
Headquarters: 9 Grigore Alexandrescu Street, 1(st) 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 several clerical errors
identified in the reports on transactions with related parties concluded by
Electrica Group's companies in the last semester of 2022, according to Art.
108 of Law No. 24/2017
Electrica informs its shareholders and investors about the correction of
several clerical errors identified in the content of the reports on
transactions with related parties concluded by Electrica Group's companies in
the last semester of 2022, according to Art. 108 of Law No. 24/2017. The
identified errors are presented in Annex 1 to this report.
CFO
Stefan
Frangulea
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: DEER C 22/15Feb2018 C 61/4Apr2018 C 1466/27Mar2018 AD1 la C22/15Feb2018 AD2 la Providing the representation service as Balancing Responsible Party 10 november 2022, Penalties: Penalties:
C22/15Feb2018 AD3 la C22/15Feb2018 AD4 la C22/15Feb2018 AD5 la C22/15Feb2018
Seller: EFSA AD6 la C22/15Feb2018 AD7 la C22/15Feb2018 IRIS code (BVB) - 38469, "In the event that, due to its sole fault, the Provider fails to fulfill its "In the event that, due to its exclusive fault, the Provider fails to fulfill
obligations assumed by the contract, the Purchaser has the right to deduct its obligations assumed by the contract, the Purchaser has the right to deduct
RNS code (LSE) - 0449G from the tariff established by the contract, as penalties, an amount from the tariff established by the contract, as penalties, an amount
equivalent to a percentage of 1.5% of the tariff . established monthly equivalent to a percentage of 1% of the monthly tariff of performance
service." established.
If, upon express request, the negative invoices are not paid within 2 days,
penalties equal to the interest due for non-payment of budget obligations on
time are due for each day of delay, from the due date until the full payment
of the invoice. Otherwise (in the absence of a request), the
payment/collection of the next invoice will be reduced.
The value of the penalties cannot exceed the value of the invoice."
Buyer: DEER Reinvoicing Re-invoicing electric connection at Jibou 10 november 2022, Date of entry into force: not disclosed Date of entry into force: "06.10.2022"
Seller: EFSA IRIS code (BVB) - 38469, Expiry date: not disclosed Expiry date: "produces effects for 5 years from the date of commissioning of
the connection installation"
RNS code (LSE) - 0449G
Penalties: "he owes penalties equal to the interest due for non-payment of
Penalties: not disclosed budget obligations on time for each day of delay."
Payment due dates and payment methods:
"Art. 11.6 The operator returns to the user the counter value of the design
and execution works of the connection installation according to a scheduling
Payment due dates and payment methods: not disclosed schedule by which the values and payment terms are established (Annex 2). The
repayment is made in equal annual installments within a maximum of 5 years
from the date of commissioning of the connection installation. The last
payment term in the scheduling schedule cannot exceed the duration of the
contract. "
Buyer: EFSA Transaction from 10Mar2022, AD1/14Apr2022 Delivery of IT and Communication Services by DEER 10 november 2022, Agreement No: Transaction from 10Mar2022, AD1/14Apr2022 Agreement No: C 22/15.02.2018
Seller: DEER IRIS code (BVB) - 38469, C 61/04.04.2018
RNS code (LSE) - 0449G C 1466/27.03.2018
AA1 la C 22/15.02.2018
AA2 la C 22/15.02.2018
AA3 la C 22/15.02.2018
AA4 la C 22/15.02.2018
AA5 la C 22/15.02.2018
AA6 la C 22/15.02.2018
AA7 la C 22/15.02.2018
Scope of the transcation: "Providing the representation service as Balancing
Responsible Party"
Date of entry into force: 15.02.2018
Scope of the transcation: "Delivery of IT and Communication Services by DEER"
Expiry date: indefinite
Date of entry into force: not disclosed
Penalties:
Expiry date: not disclosed
"In the event that, due to its exclusive fault, the Provider fails to fulfill
Penalties: not disclosed its obligations assumed by the contract, the Purchaser has the right to deduct
from the tariff established by the contract, as penalties, an amount
equivalent to a percentage of 1% of the monthly tariff of performance
established.
If, upon express request, the negative invoices are not paid within 2 days,
penalties equal to the interest due for non-payment of budget obligations on
time are due for each day of delay, from the due date until the full payment
of the invoice. Otherwise (in the absence of a request), the
payment/collection of the next invoice will be reduced.
The value of the penalties cannot exceed the value of the invoice."
Payment due dates and payment methods:
"Art. 13.3 The invoice will be paid by the provider/purchaser within 3 (three)
financial days from the date of its receipt."
Payment due dates and payment methods: not disclosed
Buyer: EFSA C 22/15Feb2018 C 61/4Apr2018 C 1466/27Mar2018 AD1 la C22/15Feb2018 AD2 la Providing the representation service as Balancing Responsible Party 29 September 2022 - Penalties: Penalties:
C22/15Feb2018 AD3 la C22/15Feb2018 AD4 la C22/15Feb2018 AD5 la C22/15Feb2018
Seller: DEER -TS AD6 la C22/15Feb2018 AD7 la C22/15Feb2018 IRIS (BSE) code - 9B29D, "Art. 16.1 If due to his sole fault the Provider fails to fulfill its "In the event that, due to its exclusive fault, the Provider fails to fulfill
obligations under the contract, the Purchaser has the right to deduct from the its obligations assumed by the contract, the Purchaser has the right to deduct
RNS (LSE) code - 3102B tariff established by the contract an amount equal to a percentage of 1.5% of from the tariff established by the contract, as penalties, an amount
the tariff established according to Annex 2. Art 16.2 If the Purchaser does equivalent to a percentage of 1% of the monthly tariff of performance
not fulfill any payment obligation arising under the Contract, he has the established.
obligation to pay as penalties an amount equivalent to a percentage of the
unpaid payment. The percentage for each day of delay is that of the interest If, upon express request, the negative invoices are not paid within 2 days,
due for not paying on time the obligations for the state budget. Art 16.3 The penalties equal to the interest due for non-payment of budget obligations on
same penalties will be charged for any amounts due by the Purchaser based on time are due for each day of delay, from the due date until the full payment
the contract." of the invoice. Otherwise (in the absence of a request), the
payment/collection of the next invoice will be reduced.
The value of the penalties cannot exceed the value of the invoice."
Provider: EFSA Ctr. 22/15Feb2018 AD 4/16Dec2019 AD 5/31Dec2020 AD 6/1Feb2021 AD 7/3Jun2021 Providing the representation service as Balancing Responsible Party 29 September 2022 - Penalties: Penalties:
Beneficiary: DEER IRIS (BSE) code - 9B29D, "If, through his sole fault, the Provider fails to fulfill its obligations "In the event that, due to its exclusive fault, the Provider fails to fulfill
under the contract, the Buyer has the right to deduct from the tariff its obligations assumed by the contract, the Purchaser has the right to deduct
RNS (LSE) code - 3102B established by the contract, as penalties, an amount equivalent to a from the tariff established by the contract, as penalties, an amount
percentage of 1.5% of the monthly tariff established." equivalent to a percentage of 1% of the monthly tariff of performance
established.
If, upon express request, the negative invoices are not paid within 2 days,
penalties equal to the interest due for non-payment of budget obligations on
time are due for each day of delay, from the due date until the full payment
of the invoice. Otherwise (in the absence of a request), the
payment/collection of the next invoice will be reduced.
The value of the penalties cannot exceed the value of the invoice."
Buyer: EFSA C 22/15Feb2018 C 61/4Apr2018 C 1466/27Mar2018 AD1 la C22/15Feb2018 AD2 la Providing the representation service as Balancing Responsible Party 25 August 2022, Penalties: Penalties:
C22/15Feb2018 AD3 la C22/15Feb2018 AD4 la C22/15Feb2018 AD5 la C22/15Feb2018
Seller: DEER AD6 la C22/15Feb2018 AD7 la C22/15Feb2018 IRIS code (BVB) - EC957, "Art. 16.1 If due to his sole fault the Provider fails to fulfill its "In the event that, due to its exclusive fault, the Provider fails to fulfill
obligations under the contract, the Purchaser has the right to deduct from the its obligations assumed by the contract, the Purchaser has the right to deduct
RNS code (LSE) - 2829X tariff established by the contract an amount equal to a percentage of 1.5% of from the tariff established by the contract, as penalties, an amount
the tariff established according to Annex 2. Art 16.2 If the Purchaser does equivalent to a percentage of 1% of the monthly tariff of performance
not fulfill any payment obligation arising under the Contract, he has the established.
obligation to pay as penalties an amount equivalent to a percentage of the
unpaid payment. The percentage for each day of delay is that of the interest If, upon express request, the negative invoices are not paid within 2 days,
due for not paying on time the obligations for the state budget. Art 16.3 The penalties equal to the interest due for non-payment of budget obligations on
same penalties will be charged for any amounts due by the Purchaser based on time are due for each day of delay, from the due date until the full payment
the contract." of the invoice. Otherwise (in the absence of a request), the
payment/collection of the next invoice will be reduced.
The value of the penalties cannot exceed the value of the invoice."
Provider: EFSA Ctr. 22/15Feb2018 AD 4/16Dec2019 AD 5/31Dec2020 AD 6/1Feb2021 AD 7/3Jun2021 Providing the representation service as Balancing Responsible Party 25 August 2022, Penalties: Penalties:
Beneficiary: DEER IRIS code (BVB) - EC957, "If, through his sole fault, the Provider fails to fulfill its obligations "In the event that, due to its exclusive fault, the Provider fails to fulfill
under the contract, the Buyer has the right to deduct from the tariff its obligations assumed by the contract, the Purchaser has the right to deduct
RNS code (LSE) - 2829X established by the contract, as penalties, an amount equivalent to a from the tariff established by the contract, as penalties, an amount
percentage of 1.5% of the monthly tariff established." equivalent to a percentage of 1% of the monthly tariff of performance
established.
If, upon express request, the negative invoices are not paid within 2 days,
penalties equal to the interest due for non-payment of budget obligations on
time are due for each day of delay, from the due date until the full payment
of the invoice. Otherwise (in the absence of a request), the
payment/collection of the next invoice will be reduced.
The value of the penalties cannot exceed the value of the invoice."
Provider: DEER -TS C 22/15 Feb 2018 C 61/04 Apr 2018 C 1466/27 Mar 2018 AA1 la C 22/15 Feb 2018 Providing the representation service as Balancing Responsible Party 13 July 2022 - Penalties: Penalties:
AA2 la C 22/15 Feb 2018 AA3 la C 22/15 Feb 2018 AA4 la C 22/15 Feb 2018 AA5 la
Beneficiary: EFSA C 22/15 Feb 2018 AA6 la C 22/15 Feb 2018 AA7 la C 22/15 Feb 2018 IRIS code (BVB) - AA7E4, "If due to his sole fault the Provider fails to fulfill its obligations under "In the event that, due to its exclusive fault, the Provider fails to fulfill
the contract, the Purchaser has the right to deduct from the tariff its obligations assumed by the contract, the Purchaser has the right to deduct
RNS code (LSE) - 3963S established by the contract an amount equal to a percentage of 1.5% of the from the tariff established by the contract, as penalties, an amount
tariff established according to Annex 2. If the Purchaser does not fulfill any equivalent to a percentage of 1% of the monthly tariff of performance
payment obligation arising under the Contract, he has the obligation to pay as established.
penalties an amount equivalent to a percentage of the unpaid payment. The
percentage for each day of delay is that of the interest due for not paying on If, upon express request, the negative invoices are not paid within 2 days,
time the obligations for the state budget. The same penalties will be charged penalties equal to the interest due for non-payment of budget obligations on
for any amounts due by the Purchaser based on the contract." time are due for each day of delay, from the due date until the full payment
of the invoice. Otherwise (in the absence of a request), the
payment/collection of the next invoice will be reduced.
The value of the penalties cannot exceed the value of the invoice."
Provider: EFSA 22/15 Feb 2018 AD 4/16 Dec 2019 AD 5/31 Dec 2020 AD 6/01 Feb 2021 AD 7/03 Jun Providing the representation service as Balancing Responsible Party 13 July 2022 - Penalties: Penalties:
2021
Beneficiary: DEER IRIS code (BVB) - AA7E4, "If, through his sole fault, the Provider fails to fulfill its obligations "In the event that, due to its exclusive fault, the Provider fails to fulfill
under the contract, the Buyer has the right to deduct from the tariff its obligations assumed by the contract, the Purchaser has the right to deduct
RNS code (LSE) - 3963S established by the contract, as penalties, an amount equivalent to a from the tariff established by the contract, as penalties, an amount
percentage of 1.5% of the monthly tariff established." equivalent to a percentage of 1% of the monthly tariff of performance
established.
If, upon express request, the negative invoices are not paid within 2 days,
penalties equal to the interest due for non-payment of budget obligations on
time are due for each day of delay, from the due date until the full payment
of the invoice. Otherwise (in the absence of a request), the
payment/collection of the next invoice will be reduced.
The value of the penalties cannot exceed the value of the invoice."
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