Current Report No.: 40/2012

Current Report No.: 40/2012

Date of preparation: 04.10.2012

Short name of issuer: ENEA S.A.

Subject: Publication of information given to a shareholder in the mode of Article 428 § 6 of the Commercial Companies Code

Legal basis: Article 56 item 1(2) of the Act on Offerings - current and periodic information

Content of report:

Acting pursuant to § 38 item 1(12) of the Regulation of the Minister of Finance of 19 February 2009 on current and periodic information published by issuers of securities [...] (Regulation), the Board of ENEA S.A. (Issuer, Company) informs that on 3 October 2012 in a reply to the letter of a shareholder, State Treasury, submitted to the Supervisory Board of the Company, filed beyond the General Meeting of the Company within the performance of the owner supervision over the Issuer, which within the limits of statutory rights is performed by the Minister of Treasury, it informed of the findings of the Supervisory Board on the following matters:

- holding by the Supervisory Board of information connected with the process of preparation of a statement to the Polish Financial Supervision Authority concerning the applicability in the Company of the document: "Information Safety Policy in ENEA S.A.";

- knowledge of the Company's Supervisory Board on the circumstances of the execution of an agreement ordering an external company performance of a safety audit and the conduct by the Board of a purchase policy with a description of activities undertaken in 2009 by the Company's Supervisory Board;

- the circumstances of the Supervisory Board being informed on the engagement of a former President of the Board of the Company in a newly established indirect subsidiary of the Issuer under the name of ELKO Trading Sp. z o.o.;

- knowledge of the Supervisory Board on the conclusion of agreements with employees on more than one work position, e.g. in subsidiaries, and inclusion in agreements of no-competition clauses after termination of work at ENEA S.A.

- knowledge of the Supervisory Board on the tasks realised in the Company by a specific individual;

- participation and knowledge of the Supervisory Board on the justifiability of the conduct of the process of changing the registered office of the Company;

- circumstances of introduction to the agenda of the Supervisory Board of items relating to the irregularities in the functioning of the Company signalled by the team representatives and lack of irregularities within this scope;

- lack of irregularities of the circulation of documents within the Supervisory Board of the Company.