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Current Report No.: 62/2009

Title: Planned amendments to the Company’s Statute
Date: 2009.11.12
Report no.:  Current Report No.: 62/2009

Current Report No.: 62/2009

Date prepared: 11 December 2009

Short name of issuer: ENEA S.A.

Subject: Planned amendments to the Company’s Statute

Legal basis: Article 56 par. 1 pt. 2 of the Act on Offerings – current and periodic information

Content of the report:

Acting pursuant to Clause 38 par. 1 pt. 2 of the Regulation of the Minister of Finance on current and periodic information published by issuers of securities […] of 19 February 2009, the Management Board of ENEA S.A. (the “Company") hereby presents a breakdown of the planned amendments to the Statute of the Company:

In Article 5, points 52 to 54 are added with the following wording:

“52. Activities of head offices and holding companies, excluding financial holding companies 70.10.Z

53. Public relations and communication 70.21.Z

54. Other consultancy in conducting business activity and management 70.22.Z"

In Article 29 par. 5, “401 par. 1" is replaced by “400 par. 3"

Article 29 par. 5 – current wording

“The Chairman of the Supervisory Board or the Deputy Chairman of the Supervisory Board shall open the General Meeting of Shareholders, or, in the absence of those persons – the President of the Management Board or a person appointed by the Management Board. Next, subject to Article 401 par. 1 of the Commercial Companies Code, the Chairman of the Meeting is elected from among those persons authorised to participate in the General Meeting of Shareholders"

Article 29 par. 5 – proposed wording

“The Chairman of the Supervisory Board or the Deputy Chairman of the Supervisory Board shall open the General Meeting of Shareholders, or, in the absence of those persons – the President of the Management Board or a person appointed by the Management Board. Next, subject to Article 400 par. 3 of the Commercial Companies Code, the Chairman of the Meeting is elected from among those persons authorised to participate in the General Meeting of Shareholders"

In Article 31 par. 1, “400 par. 2" is replaced by “400 par. 1"

Article 31 par. 1 – current wording

“As long as the State Treasury continues to be a shareholder of the Company, regardless of its share in the share capital, it can demand that an Extraordinary General Meeting of Shareholders be convened under Article 400 par. 2 of the Commercial Companies Code, and that particular matters be included on the agenda of the next General Meeting of Shareholders. The State Treasury must submit such a demand in writing to the Management Board not later than one month before the proposed date of the General Meeting of Shareholders".

Article 31 par. 1 – proposed wording

“As long as the State Treasury continues to be a shareholder of the Company, regardless of its share in the share capital, it can demand that an Extraordinary General Meeting of Shareholders be convened under Article 400 par. 1 of the Commercial Companies Code, and that particular matters be included on the agenda of the next General Meeting of Shareholders. The State Treasury must submit such a demand in writing to the Management Board not later than one month before the proposed date of the General Meeting of Shareholders".

Having in mind the diverse and international nature of Enea SA's shareholding, and also the provisions of the Best Practices of WSE Listed Companies, Enea SA guarantees the availability of its website also in English. In case of any interpretation doubts and discrepancies between the Polish and English versions, the Polish version shall prevail.