INFORMATION ON THE EXISTENCE OF CIRCUMSTANCES PREVENTING THE CONCLUSION OF AN AGREEMENT WITHIN THE TENDER FOR THE SUPPLY AND DISTRIBUTION OF HYDROGEN IN THE H2HUB NOWA SARZYNA PROJECT

In reference to report no. 53/2024 dated October 10, 2024, the Management Board of Polenergia S.A. (“Issuer”) informs that the Management Board of the subsidiary – Polenergia H2Hub Nowa Sarzyna sp. z o.o. (“Contractor”) has identified circumstances preventing the conclusion of an agreement within the framework of the tender in the public procurement procedure no. DW.TZ.1.2024 dated March 5, 2024 entitled “Supply and distribution of hydrogen fuel” (“Tender”). As a result, on January 9, 2025, the Management Board of the Contractor decided not to proceed with the conclusion of the above-mentioned agreement. The above is justified by the current risk assessment of the project related to the identified legal doubts regarding the Contractor’s binding offer under the provisions of the Act of September 11, 2019 – Public Procurement Law and the threat of timely receipt of hydrogen supplies.

At the same time, the Issuer informs that it is in the process of reviewing strategic options, about which the Issuer informed in reports No. 4/2024 of February 8, 2024 and No. 41/2024 of August 14, 2024. The Issuer will inform about the result of the review of strategic options in separate reports after the relevant decisions have been made.

legal basis: art. 17 sec. 1 of the Regulation (EU) No 596/2014 of the European Parliament and of the Council on market abuse and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (Journal of Laws of the European Union, L. 173, 2014, p. 1, as amended).