The Executive Board of Apator SA hereby, based on art. 428 § 5 of Polish Commercial Companies Code (CCC), announces answers to the questions of shareholder Qilin Investments sp. o.o. with headquarters in Warsaw asked during General Shareholders Meeting of Apator SA on 29th June 2021.

1. Has the Company had any contractual penalties for late deliveries in the last 12 months?

In 2020, the company was charged contractual penalties in the total amount of PLN 42 thousand due to untimely deliveries.

The Executive Board does not give the information concerning the period after the end of the fiscal year 2020 (31.12.2020), because this period was not the subject of the General Shareholders Meeting of Apator SA held on 29th June 2021 and therefore the request to give the information in this respect was not justified by the assessment of the issue being the subject of the meeting.

2.       For what amount are provisions made for contractual penalties related to late deliveries?

As at 31.12.2020, the sum of provisions created for contractual penalties related to untimely deliveries amounted to PLN 760 thousand.

The Executive Board does not give the information concerning the period after the end of the fiscal year 2020 (31.12.2020), because this period was not the subject of the General Shareholders Meeting of Apator SA held on 29th June 2021 and therefore the request to give the information in this respect was not justified by the assessment of the issue being the subject of the meeting.

3.      Is Apator SA rejected in tenders due to quality reasons? Why the offers of Apator SA were rejected in the tenders 2019/TD/CN03649/5 (Tauron) and 123/OL/MB/2020 (PGE) ?

Apator SA with other tenderers takes part in tenders for the supply of electricity meters announced by Polish power engineering companies. Taking into consideration numerous competitors (including Chinese) appearing in tenders announced in 2020, it is not possible to select the offer of Apator SA as the most favourable one in each tender in which the Company participates.

In tender proceedings announced in 2020, where the ordering party selected the offer of another entity, the offer of Apator SA was not selected due to:

a)      product price,

      or

b)      the interpretation of the provisions of the tender specifications (ToR), which is different for each tender procedure.

However, with respect to the tender proceedings mentioned in the shareholder's question, the Executive Board indicates that:

1) in the tender procedure no. 2019/TD/CN03649/5 (the tender was divided into 4 tasks and the result of the tender was announced in 2021) - the offer of Apator SA was selected as the most favourable in the task no. 1, in the task no. 2 the offer of Apator SA was classified as the second one due to the price offered and rejected in the task no. 3 and the task no. 4 due to the interpretation of the specification of essential terms of the tender (ToR),

2) with reference to tender procedure no. 123/OL/MB/2020 - the offer of Apator SA was selected as the most favourable one in the task no. 1 (supply of 1-phase meters), while in the task no. 2 (supply of 3-phase meters) the offer was rejected due to the interpretation of specification of essential terms of the order (ToR).

4. What was the ratio of tenders lost and won in 2020 for the supply of electricity meters?

The Executive Board informs that in 2020 Apator SA submitted its offer in eight public tenders for the supply of electricity meters announced by Polish power companies.

Among the offers submitted above, five public proceedings were settled in 2020. The offer of Apator SA was selected as the most favourable in 2020 in two public tenders and in one tender in one part (from among two parts). Apator SA did not win in two public tenders among other things due to lower price offered by competition.

Legal basis:

§19 (1) (12) of the Regulation of the Minister of Finance of 29 March 2018 on current and periodic information provided by issuers of securities and conditions for recognising as equivalent information required by the laws of a non-member state (Journal of Laws, item 757, as amended)