AGM Information • Aug 11, 2023
AGM Information
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1. How does the management board look after the interests of minority shareholders given that the president, president Cudny, has not kept his word and has not paid the company's creditors first despite such possibilities in 2022, thus misleading shareholders.
The Management Board makes decisions in accordance with the provisions of the Articles of Association and generally applicable laws.
President Cudny's statement of September 2021 was published in an era of very low interest rates, so the interest rate on PFR loans did not differ from the financial terms of loans granted by commercial banks. Today, the market situation is quite different. The current level of interest rates in relation to the fixed, low interest rate on PFR loans makes it unprofitable for the Company to repay early a debt that carries a very low interest rate.
2. Is the management board acting under pressure from the major shareholder with regard to the pseudotax issue?
In accordance with the provisions of the commercial law governing the operation of the Company's corporate bodies, the management board conducts the affairs of the Company and represents it. The Company's shareholders, both minority and majority ones, make decisions on matters concerning the Company, acting through the Shareholder Meeting. However, the Shareholder Meeting may not issue binding instructions to the Management Board regarding the conduct of the Company's affairs. The Management Board, in all matters pertaining to the operation of the Company, complies with the law and the provisions of the corporate documents.
planning activities taking into account various financial scenarios, especially if their occurrence is expected according to legislative work in progress.

1. Why doesn't the management board respond to the major shareholder's attempt to illegally take money out of the company through a tax, bypassing dividends, which works to the detriment of minority shareholders?
In accordance with the provisions of the commercial law governing the operation of the Company's corporate bodies, the management board conducts the affairs of the Company and represents it. The Company's shareholders, both minority and majority ones, make decisions on matters concerning the Company, acting through the Shareholder Meeting. However, the Shareholder Meeting may not issue binding instructions to the Management Board regarding the conduct of the Company's affairs. The Management Board, in all matters pertaining to the operation of the Company, complies with the law and the provisions of the corporate documents.
The JSW S.A. Management Board does not comment on the behavior of third parties. The addressee of the question in the remaining part is not JSW S.A.
4. How has the coal mining productivity in tons/employee changed over the quarters in 2021-2023 due to the payment of the one-off bonus?
The nature of the operations makes it impossible to estimate the impact of the payment of one-off bonuses on productivity. A negative phenomenon affecting the coal output is the occurrence of difficult mining and geological conditions, which may result in the need to perform additional work. This can slow down the progress of longwall mining and consequently reduce the number of tons of coal mined, which has a direct impact on productivity. Over the course of 2021-2023, events classified as force majeure took place, which impacted the number of tons of coal mined. The Company reported on these events in Current Report No. 18/2022 - force majeure as a result of events in the Zofiówka Section of the Borynia-Zofiówka Mine and the Pniówek Mine and in Current Report No. 8/2023 - force majeure as a result of a fire in the Knurów Section of the Knurów-Szczygłowice Mine.
| 2021 | 2022 | 2023 | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| JSW S.A. | J.m. | 1Q | 2Q | 3Q | 4Q | 1Q | 2Q | 3Q | 4Q | 1Q | 2Q |
| Wydajność JSW | t/os. | 152,4 | 155,6 | 151,5 | 162,9 | 177,4 | 161,5 | 163,3 | 163,6 | 159,8 | 157,0 |
Below is the productivity at JSW S.A. over individual quarters in 2021-2023.

In assessing the appropriateness of maintaining the funding from the PFR, the management board is guided solely by financial terms and the interests of the Company. Repayment of loans received from the PFR is made quarterly in accordance with the repayment schedule under the loan agreements. Early repayment of loans bearing interest at very low rates under current market conditions characterized by high interest rates is economically irrational.
1. In reference to the numerous queries from minority shareholders sent to me, why did the Company begin the work that led to the signing of the agreement with the consortium for debt financing (PLN 1.65 billion)?
The signed financing agreement is part of the financial management of the Company and the JSW Group and is intended to provide funds for working capital and investment financing, including projects resulting from the environmental strategy; it is also aimed at ensuring the correct structure of asset financing and maintaining liquidity in the long-term horizon (which is very important in terms of the cyclical nature of operations).
2. In reference to the numerous queries sent to me by minority shareholders, why is the Company financed with additional debt financing (from the consortium), and not with the cash held, if, according to the statements of the Company's representatives, repayment of the PFR loan would be to the detriment of the Company? Is additional debt financing not to the detriment of the Company, in view of the declining purchasing power of its cash, with very high inflation, while burdening the Company with additional costs?
Additional debt financing is not to the detriment of the company, it is part of ensuring that the company has a proper financing structure and maintains liquidity in the long term. The negotiated financing structure is flexible, allowing the use of foreign capital during periods of demand.
3. In reference to the numerous queries from minority shareholders sent to me, based on what calculations or analyses was it determined that additional debt financing or not repaying the PFR loan is more beneficial to the Company than using cash, given the declining purchasing power (high inflation)? What is the date of the calculations and analyses?
Building a secure assets financing structure is one of the important goals of JSW Group's strategy and acquiring long-term sources is a prerequisite for its implementation.
The new financing structure under the SLL formula allows for the implementation of new ambitious environmental investments laid down in the Environmental Strategy up to 2030, and secures ongoing operating activities (e.g. at the time of a market downturn independent of the Company) not only in the perspective of one year but the following years. In addition, the amount of the financing received is more than twice as much as the previous amount while maintaining the same level of collateral.
The purpose of the loans received from the PFR under the Governmental Program "Polish Development Fund's Financial Shield for Large Companies" was to support companies affected by the COVID-19 pandemic. The financial terms on which the loans from the PFR are concluded are very favorable and are unattainable under current market conditions.

After the act enters into force the Company will analyze the new solutions and take appropriate action.
7. In reference to the numerous queries sent to me by minority shareholders, on what basis and legal analysis does the Company officially declare that, according to the EU regulation, JSW should be excluded from this tax (media statements of JSW's Vice-President Robert Ostrowski, published on 13 April 2023)? Please list who or what law firms prepared the relevant analyses, opinions and when? Did they take into account the fact that coking coal is included in the list of critical raw materials by the European Commission?
The legislative process for national legislation in this area is still unfinished. The Company will evaluate the impact of the regulations, once the legislative process is completed.
8. In reference to the numerous queries sent to me by minority shareholders, why did the Company not refinance its liabilities to the PFR, if the Company received the approval of the Extraordinary Shareholder Meeting of 16 March 2023 on the establishment of collateral for the planned financing in the Sustainability-linked loan formula, together with an indication of the purpose of the financing and its parameters?
The purpose of the SLL financing agreement was not to refinance the liabilities to the PFR. One of the goals of the SLL financing was to refinance the expiring financing agreement with a consortium of financial institutions from April 2019.
9. In reference to the numerous queries sent to me by minority shareholders, why have the Company's managers not taken steps to implement the will of the Extraordinary Shareholder Meeting of 16 March 2023, which agreed to allocate additional debt financing to refinance existing debt? The purpose of the SLL financing agreement, the collateral for which was approved by the Shareholder Meeting, was not to refinance the liabilities to the PFR. One of the goals of the SLL financing was to refinance the expiring financing agreement with a consortium of financial institutions from April 2019.

10. In reference to the numerous queries sent to me by minority shareholders, in what years were dividends paid and in what percentage in relation to profits since the Company's listing? In the years in which dividends were not paid, what were the profits and the reasons for not paying dividends? Are the figures really consistent with the dividend policy declared in the prospectus and the official statements of the Company's representatives about respecting it?
(Source: https://www.jsw.pl/relacje-inwestorskie/lad-korporacyjny/dywidenda)
| Year | Record date | Dividend payment date |
Dividend (PLN) | Dividend (PLN/share) |
Net result for the year from which the dividend was paid [PLN m] |
|---|---|---|---|---|---|
| 2011 | 20.06.2011 | 20.07.2011 | 256,978,067.20* | 2.16 | PAS 2010: 1,136.6 |
| 2012 | 06.07.2012 | 24.07.2012 | 631,674,386.48 | 5.38 | IAS 2011: 2,082.5 |
| 2013 | 31.07.2013 | 20.08.2013 | 295,877,221.92 | 2.52 | IAS 2012: 995.9 |
| 2014 | - | - | - | - | - |
| 2015 | - | - | - | - | - |
| 2016 | - | - | - | - | - |
| 2017 | - | - | - | - | - |
| 2018 | - | - | - | - | - |
| 2019 | 27.08.2019 | 10.09.2019 | 200,773,829.16 | 1.71 | IAS 2018: 1,418.6 |
| 2020 | - | - | - | - | - |
| 2021 | - | - | - | - | - |
* The dividend in the amount of PLN 257.0 million recognized in the Consolidated Financial Statements for the financial year ended 31 December 2011 includes mandatory payments to the State Treasury treated as an advance payment in the amount of PLN 127.0 million – Act of 1 December 1995 on dividend payments by wholly-owned State Treasury companies (Journal of Laws No. 154, item 792, as amended) and the dividend paid to the State Treasury in July 2011 in the amount of PLN 130.0 million from profit earned in 2010.
In addition, the Company publishes information regarding the justifications for the distribution of profit or coverage of loss annually in the materials for the Ordinary Shareholder Meeting, which are available to the public at: https://www.jsw.pl/relacje-inwestorskie/lad-korporacyjny/walne-zgromadzenie/walnezgromadzenie-2023

According to the Commercial Company Code, the decision to pay dividends is within the exclusive powers of the Shareholder Meeting. As for the issue of distributing a profit for 2023, if any, or covering a loss for 2023, if any (2023 is underway and the result, i.e. profit/loss for that year, is not known), the Shareholder Meeting will also decide within the timeframe prescribed by the CCC.
13. In reference to the numerous queries sent to me by minority shareholders, does the Company act to the detriment of minority shareholders?
Company does not act to the detriment of minority shareholders.
JSW S.A. is a business entity, a commercial law company, which operates on the basis of generally applicable laws enacted by authorized bodies.
14. In reference to the numerous queries from minority shareholders sent to me, what other measures is the Company taking to reduce the unit cost of coal mining and processing in addition to increasing mining and reducing energy and utility consumption?
Jastrzębska Spółka Węglowa continuously analyzes the possibility of introducing organizational and technical measures aimed at reducing costs.
These measures may include, among others:
In addition to reducing costs, the Company is taking a number of optimization measures, among others:

Maintaining roadways behind the front of the longwall reuse them for the next longwall, thus reducing the need for new tunneling.
1. JSW shares are held by Open Pension Funds (OFE) (approx. 6%), i.e. indirectly by Citizens of Poland. Failure to pay any dividend at a time when the company has the means to do so is a denial of the principles of the social contract and citizen shareholder participation. Does the Management Board of JSW, a state-owned company (the majority stake is held by the State Treasury) take into account the aspect of responsibility in this broad aspect? The value of JSW's shares and thus OFE's citizen shareholding could benefit from a booming coking coal market, and this is not happening. Through such management policy JSW's share price is on level detached from reality. U.S. coking coal mining companies like HCC have crossed historic stock market levels, where JSW is now worth less than 1/3 of its IPO valuation. Will the management board address the situation?
According to the Commercial Company Code, the decision to pay dividends is within the exclusive powers of the Shareholder Meeting. JSW's stock price is driven by many factors, including those outside the Company's control.
2. Since the basis for the solidarity levy is a EU Directive, how was this solved in other countries? Or is it the case that only 1 company pays it? What industries are they from? Did the Management Board challenge the correctness of charging profits from the sale of coking coal for the purpose of calculating extraordinary profit since it has no impact on electricity prices for citizens? What extraordinary profit did JSW earn from the sale of steam coal? Does the Management Board know what profit tunneling is in joint stock companies and how it relates to the situation in JSW? Is the Management Board aware that its position on not repaying the loan is detrimental to minority shareholders?
JSW is not monitoring legislative work in other member states. In the opinion of JSW's management board, it is in the Company's interest to maintain the financing from the PFR.
The legislative process for national legislation in this area is still unfinished. The Company will evaluate the impact of the regulations, once the legislative process is completed.
5. Since the formal reason for the absence of dividends for the profits of 2021, 2022 and most likely 2023 is the PFR loan and its provisions, after the repayment of this loan in September 2024, does JSW intend to pay a cumulative dividend for 2021-2023 in accordance with its dividend policy? The question of the decision on the distribution of profit is within the powers of the Shareholder Meeting. The Shareholder Meeting has made decisions on how to distribute profits for 2021 and 2022. However, as for the issue of distributing a profit for 2023, if any, or covering a loss for 2023, if any (2023 is underway and the result, i.e. profit/loss for that year, is not known), the Shareholder Meeting will also decide within the timeframe prescribed by the CCC. The Management Board is fully aware of the intent of the dividend policy written in the Prospectus; however, one should also bear in mind the issues written in the policy that the Management Board is obliged to take into account, and in particular it should be noted that the dividend policy depends on current activity results, cash flows, financial standing and capital requirements, general economic conditions as well as legal, tax, regulatory and contractual restrictions pertaining to dividend payments and on other factors which the Management Board considers important, and will be subject to changes aimed at adapting it to the above factors.

The JSW S.A. Management Board does not comment on the behavior of third parties.

Underground Mining" conference in Kraków. Did President Cudny lie? Did President Cudny intentionally mislead minority shareholders?
President Tomasz Cudny's statement of September 2021 was published in an era of very low interest rates, so the interest rate on PFR loans did not differ from the financial terms of loans granted by commercial banks. Today, the market situation is quite different. The current level of interest rates in relation to the fixed (low) interest rate on the loans granted by the PFR makes it unprofitable for the company to repay early a debt that carries a very low interest rate.
The financial terms on which the loans from the PFR were concluded are very favorable, the interest rate is unattainable in the current market conditions (even the interest rate on deposits is higher). In this situation, early repayment of the liabilities to the PFR works to the detriment of the Company.
1. Why doesn't the management board respond to the attempts to manipulate JSW's stock price? The Management Board exercises control over the day-to-day operations of JSW and the Group, whose core business is the production and sale of coking coal and the production and sale of coke and hydrocarbons. This activity is not related to stock trading on the WSE, nor is the company a party to individual decisions made by other market participants. The Management Board is not aware any manipulation of JSW's stock price. The public administration body whose main task is to supervise the Polish financial market is the Office of the Polish Financial Supervision Authority.


9. Why didn't the JSW management board protest with the management board of Huta Częstochowa and speak the same language that, in the opinion of the management board, the proposed wording of some of provisions of the act protects large, powerful, wealthy, profit-boasting companies in the fuel, mining, chemical, power and gas industries. It also protects strong foreign players and coal trading companies. None of those mentioned will be subject to the tax. And the tax will be paid by relatively small, weak and indebted companies with Polish capital, not connected to mines after all? Where JSW's interests should also be.
JSW S.A. is a business entity, a commercial law company, operating on the basis of generally applicable laws.
10. Why did the management board not use its legal advisors to issue a position similar to the one issued by Huta Częstochowa's advisors. Quote:
"Hundreds of people could lose their jobs due to the erroneous provisions in the draft amendment to the act. The environment ministry did not take into account the fact that the company showed a profit as at 31 December 2022, and more than half a year has passed since then. The money has been distributed. The law should not be retroactive, and the state should not demand that the entrepreneur pay a levy from an already closed budget, nor should it demand that he take out a loan to pay the tax. A legislative error has arisen, very possibly accidental, and it should be corrected as soon as possible," says Sebastian Durek, legal advisor to the Częstochowa Nowa Coking Plant. JSW S.A does not comment on the behavior and statements of third parties.

The Company regularly monitors legislative work on the solidarity levy act. The Management Board presented its position on the potential burden for the Company resulting from the solidarity contribution. The company analyzes the proposed solutions on an ongoing basis and takes appropriate action.
4. According to media reports, Representative Trade Unions have issued a demand to JSW and Ministry of State Assets that the Company pay a bonus on part of the amount allocated for the contribution. Does the Management Board take such a situation into account? It would be a bizarre situation for the Company to pay a bonus to the Employees, for the Employees to agree that the Company should pay a tax that should not be imposed on JSW at all.
JSW SA's Management Board does not comment on media reports on the matter. The bill on the subject is scheduled to be processed in the Sejm on 16-17 August. Until the adoption of the resolution by the Sejm, if any, the JSW SA Management Board does not intend to take a position on this issue.
1. In connection with the legislative work on the entry into force of the act on amendments to the act on special solutions for the protection of electricity consumers in 2023, in connection with the situation on the electricity market and amendments to certain other acts (Parliamentary Paper No. 3487), has the JSW S.A. Management Board taken in the past or is it going to take in the future legal or other actions to avoid the payment of the so-called solidarity contribution by JSW S.A.? If so, what were these actions, when were they taken and if it has not taken these actions, why not?
After the act enters into force the Company will analyze the new solutions and take appropriate action.
2. In connection with the legislative work on the act on amendments to the act on special solutions for the protection of electricity consumers in 2023, in connection with the situation on the electricity market and amendments to certain other acts (Parliamentary Paper No. 3487), has the JSW S.A. Management Board commissioned expert reports or legal opinions on the compliance of the provisions of the act on amendments to the act on special solutions for the protection of electricity consumers in 2023, in connection with the situation on the electricity market and amendments to certain other acts with the provisions of Council Regulation (EU) 2022/1854 of 6 October 2022, on emergency intervention to address high energy prices (Official Journal of the EU L.261. I/I) and with the provisions of the Constitution, and if not why not, and if so, why hasn't it publicize them?
JSW S.A. is a business entity, a commercial law company, which operates on the basis of generally applicable laws enacted by authorized bodies. Information on legal solutions that are yet to be designed does not entail obligations on the part of the Company's governing bodies.

3. In connection with the ongoing legislative process, does the JSW Management Board intend to request the President of the Republic of Poland to veto the act on amendments to the act on special solutions for the protection of electricity consumers in 2023, in connection with the situation on the electricity market and amendments to certain other acts or refer it to the Constitutional Tribunal. If, however, the JSW S.A. Management Board does not intend to do so, why?
JSW S.A. is a business entity, a commercial law company, which operates on the basis of generally applicable laws enacted by authorized bodies.
4. In the event that the act on amendments to the act on special solutions for the protection of electricity consumers in 2023, in connection with the situation on the electricity market and amendments to certain other acts (Parliamentary Paper No. 3487) enters into force, does the JSW S.A. Management Board intend to notify the EU Council that the Polish legislator has imposed on JSW S.A. an obligation to pay the so-called solidarity contribution, contrary to the rules set forth in Council Regulation (EU) 2022/1854 of 6 October 2022, on emergency intervention to address high energy prices (Official Journal of the EU L.261. I/I) and if not why does it not intend to do so?
JSW S.A. is a business entity, a commercial law company, which operates on the basis of generally applicable laws enacted by authorized bodies.
After the act enters into force the Company will analyze the new solutions and take appropriate action.
1. Shouldn't the JSW management board repay the PFR loan thereby optimizing the tax for 2022? This would reduce the potential tax on windfall profits.
It is impossible to give a precise answer to a thesis worded this way. JSW finds no direct connection between the PFR repayment and the amount of the 2022 tax, and consequently the amount of the solidarity contribution, if any. The author of the question did not indicate such a connection. It should be borne in mind that the process of implementing the solidarity contribution into national law has not

been completed to date, with not even any draft national legislation in this regard having been made public by the end of 2022, hence the company had no possibility to take any optimization measures in this regard during 2022.
1. We expect the management board's explanation of JSW's current stock price on the Warsaw Stock Exchange. Does the management board see the point of listing the company on the stock market? Does the management board see any sense in leaving the company on the stock market with a P/E ratio below 0.7? The Company operates on a regulated market, and the valuation of the Company's shares is driven by
market mechanisms.
2. Does the management board and supervisory board not see the curiosity of the situation, where coking coal mining companies on world markets are recording new historic highs and JSW since its IPO from the level of PLN 136 is now valued at PLN 38 and this in a time of very good economic conditions and very high coke prices on world markets? Doesn't the management board, implementing the policies of

the current government, see that the company is valued at the level of a bankrupt company? Doesn't the management board intend to solicit the perception of the company in a better light thus attracting long-term investors?
The Company operates on a regulated market, and the valuation of the Company's shares is driven by market mechanisms.
3. Will the management board finally address the proposed solidarity levy, which, as the name itself implies, should be about solidarity but only JSW will pay it? Why won't the management board protest before 15 August, when the final vote on this bill will take place in the parliament? Why won't the management board address the protests of the trade unions which openly criticize the attempt to take 2 billion out of the company?
After the act enters into force the Company will analyze the new solutions and take appropriate action. The JSW S.A. Management Board does not comment on the behavior of third parties. To the management board's knowledge, no Sejm session is scheduled for 15 August.
4. Why hasn't the management board even once commissioned a legal analysis of the proposed contribution? Doesn't the management board have itself to blame for being inactive on this issue? Doesn't the management board by doing so only represent the interest of the majority shareholder, violating all the interests of the minority shareholders? After the act enters into force the Company will analyze the new solutions and take appropriate action. The management board acts in the interests of the Company and all its shareholders, both majority and minority ones.
5. Will president Cudny finally speak on the current situation at the company? Has president Cudny lost control of the company and all decisions are made top-down through political overrides? Did president Cudny intentionally mislead shareholders about the repayment of JSW's liabilities to the PFR? In accordance with the provisions of the commercial law governing the operation of the Company's corporate bodies, the management board conducts the affairs of the Company and represents it. The Company's shareholders, both minority and majority ones, make decisions on matters concerning the Company, acting through the Shareholder Meeting. However, the Shareholder Meeting may not issue binding instructions to the Management Board regarding the conduct of the Company's affairs. The Management Board, in all matters pertaining to the operation of the Company, complies with the law and the provisions of the corporate documents.
President Cudny's statement of September 2021 was published in an era of very low interest rates, so the interest rate on PFR loans did not differ from the financial terms of loans granted by commercial banks. Today, the market situation is quite different. The current level of interest rates in relation to the fixed, low interest rate on PFR loans makes it unprofitable for the Company to repay early a debt that carries a very low interest rate.
6. Is president Ostrowski so eager to block money for the future solidarity levy now able to speak publicly on the proposed levy? Has president Ostrowski commissioned a legal opinion on whether the proposed levy is legal and constitutional? Does it comply with the EU regulation? Apart from stirring up panic, has president Ostrowski taken any action on this issue and if so, what action? The company has not blocked funds for future tax. JSW, as a responsible enterprise, conducts financial planning activities taking into account various financial scenarios, especially if their occurrence is expected according to legislative work in progress.
After the act enters into force the Company will analyze the new solutions and take appropriate action.
1. In connection with the legislative work on the entry into force of the act on amendments to the act on special solutions for the protection of electricity consumers in 2023, in connection with the situation on the electricity market and amendments to certain other acts (Parliamentary Paper No. 3487), has the

JSW S.A. Management Board taken in the past or is it going to take in the future legal or other actions to avoid the payment of the so-called solidarity contribution by JSW S.A.? If so, what were these actions, when were they taken and if it has not taken these actions, why not?
After the act enters into force the Company will analyze the new solutions and take appropriate action.
2. In connection with the legislative work on the act on amendments to the act on special solutions for the protection of electricity consumers in 2023, in connection with the situation on the electricity market and amendments to certain other acts (Parliamentary Paper No. 3487), has the JSW S.A. Management Board commissioned expert reports or legal opinions on the compliance of the provisions of the act on amendments to the act on special solutions for the protection of electricity consumers in 2023, in connection with the situation on the electricity market and amendments to certain other acts with the provisions of Council Regulation (EU) 2022/1854 of 6 October 2022, on emergency intervention to address high energy prices (Official Journal of the EU L.261. I/I) and with the provisions of the Constitution, and if not why not, and if so, why hasn't it publicize them?
After the act enters into force the Company will analyze the new solutions and take appropriate action.
3. In connection with the ongoing legislative process, does the JSW Management Board intend to request the President of the Republic of Poland to veto the act on amendments to the act on special solutions for the protection of electricity consumers in 2023, in connection with the situation on the electricity market and amendments to certain other acts or refer it to the Constitutional Tribunal. If, however, the JSW S.A. Management Board does not intend to do so, why?
Pursuant to Article 122 sec. 3 of the Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws No. 78, item 483, as amended) before signing an act, the President of the Republic of Poland may file with the Constitutional Tribunal a motion regarding the constitutionality of the act. Pursuant to Article 122 sec. 5 of the Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws No. 78, item 483, as amended) if the President of the Republic has not filed a motion to the Constitutional Tribunal pursuant to sec. 3, he may, with a substantiated motion, refer the law to the Sejm for reconsideration (the so-called presidential veto).
The above powers are the exclusive prerogative of the President of the Republic of Poland. The current legislation does not oblige the President of the Republic to take the above-mentioned actions at the request of any business entity.

2022 on emergency intervention to address high energy prices (Official Journal of the EU L.261. l/l). If, however, the JSW S.A. Management Board has not done so, why has it not done so? After the act enters into force the Company will analyze the new solutions and take appropriate action.
7. Has the JSW S.A. Management Board carried out an economic analysis to verify whether the proposed national regulations in Poland, concerning the introduction of the so-called solidarity contribution, do not threaten the so-called "investment signals" of JSW S.A. If, however, it has not carried out such an analysis then why has it not done so.
After the act enters into force the Company will analyze the new solutions and take appropriate action.
The company points out that, as of today, the legislative process for national regulations implementing the so-called solidarity contribution has not yet been completed. The Company will make a full assessment of the impact of the regulation in question on the Company's situation, including an estimate of the financial impact, once the legislative process has been completed.
1. On what basis does the management board intend to break the social contract signed with the trade unions on 2 February of this year regarding the increase in the salary fund by negotiating 15% from the solidarity levy?
The JSW S.A. management board has not made any decision on the matter. There is no legislation on the so-called solidarity levy. The bill is still being processed in the Sejm.

On 1 August of this year, JSW S.A. received a letter from Representative Trade Union Organizations, in which the trade union side initiated a collective dispute on the basis of the collective dispute resolution act as of 1 August of this year.
Article 8 of the cited act requires the employer to enter into immediate negotiations to resolve the dispute by agreement. In connection with the above, the JSW S.A. Management Board invited the Representative Trade Union Organizations to a meeting on the dispute.
4. Why doesn't the management board present a clear approach as to the trade union's constant pressures?
The JSW S.A. Management Board conducts cooperation and dialogue with all Trade Unions operating in the Company.
1. Why does the JSW management board, along with the supervisory board, has objections to repayment of the PFR loan and does not have objections to subsidizing various institutions, including churches, for 4 years?
Today, as shareholders, we learned the following information from the nettg.pl article:
"As representatives of the JSW Foundation point out, for the past four years the foundation has been providing financial support to churches, parishes and cultural institutions."
Donations are made pursuant to sec. 3.6. of the Rules and regulations of Jastrzębska Spółka Węglowa S.A. in promotion, advertising, representation, sponsoring, Corporate Social Responsibility (CSR) and charitable activity (donations) adopted by Resolution of the JSW Management Board No. 154/X/2020 of 3 March 2020 and positively reviewed by the Supervisory Board by Resolution No. 259/X/20 of 19 March 2020.
The socially acceptable activities implemented by JSW S.A. to support the needs of Stakeholders allow JSW S.A. to build values and attributes important for JSW S.A., such as care for employees, care for safety and health, transparency, active support for the regional community or support for the needy. The main Stakeholders in this activity are employees, the local community, schools, universities, the scientific community, public administration and the broader public.
2. So we also ask what amounts are allocated for purposes other than related to the operation of the mines?
Statement of expenses incurred in 2022 by Jastrzębska Spółka Węglowa S.A. and the companies comprising the JSW Group to support culture, sports, charitable institutions, the media, social welfare organizations, trade unions, etc. - in accordance with Rule 1.5 of the Code of Best Practice for WSE Listed Companies 2021 was presented on the company's website.
https://www.jsw.pl/fileadmin/user\_files\_ri/lad-korporacyjny/dobrepraktyki/raporty/pl/Tabela\_zasada\_1\_5\_2023.pdf
3. What institutions are supported by JSW and in what amounts? Statement of expenses incurred in 2022 by Jastrzębska Spółka Węglowa S.A. and the companies comprising the JSW Group to support culture, sports, charitable institutions, the media, social welfare organizations, trade unions, etc. - in accordance with Rule 1.5 of the Code of Best Practice for WSE Listed Companies 2021 was presented on the company's website.
https://www.jsw.pl/fileadmin/user\_files\_ri/lad-korporacyjny/dobrepraktyki/raporty/pl/Tabela\_zasada\_1\_5\_2023.pdf
4. Is funding for other activities consulted broadly or does the management board make such decisions itself?

The Management Board acts collegially and makes decisions on all matters which are not reserved for other corporate bodies of the Company. Topics to be considered at the management board meeting are proposed at the request of persons / substantive units responsible for a particular area and presented by the persons indicated.
5. Where does the money come from to fund outside institutions such as churches, parishes, cultural institutions and others? Funds for donations are planned in the Technical and Economic Plan for a given year. In addition, a "Plan of activity of Jastrzębska Spółka Węglowa S.A. for a given year in the area of representation and charity (donations)" is prepared, which is approved by the JSW S.A. Management Board on the
date of approval of the TEP.
The liabilities to the PFR are based on agreements entered into and in force. The fact that the agreements in question were concluded was made public. It should be noted that at present, no generally binding legal act imposes an obligation on JSW S.A. to pay the so-called solidarity levy.
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