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PGE Polska Grupa Energetyczna S.A.

Environmental & Social Information Mar 23, 2022

5758_rns_2022-03-23_660ed475-468d-4db8-a17b-36d182160afc.pdf

Environmental & Social Information

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Consolidated report on payments to public administration for 2021

PGE Polska Grupa Energetyczna S.A. for 2021

ended December 31, 2021 (in PLN 000s)

Table of contents

1. Basis for preparing the consolidated report on payments to public administration 3
2. Rules applied in preparing the report on payments to public administration 4
3. Payments to public administration made in 2021 5
3.1 Total amount paid to public administration, by level of public administration and by
payment title 5
3.2 Total amount of payments by project and by payment title 5

1. Basis for preparing the consolidated report on payments to public administration

The basis for preparing this report on payments to public administration is Chapter 6a of the Accounting Act of September 29, 1994 ("Act") (Polish Journal of Laws of 2021, item 217). Pursuant to these provisions, entities operating in extractive industries and entities engaged in the logging of primary forests, provided that they meet the criteria specified in the Act, are to prepare a report on payments made to public administration as at the balance sheet date alongside their annual financial statements. The Act defines entities operating in extractive industries as entities pursuing activities consisting of the exploration, prospecting, discovery, production and mining of mineral resources, oil, natural gas or other commodities within the types of economic activity listed in section B, divisions 05-08 of the Polish Classification of Economic Activities.

The Act also requires a consolidated report on payments to public administration to be prepared. The consolidated report on payments to public administration should include the data of the parent company and its subsidiaries operating in extractive industries or engaged in the logging of primary forests, provided that they meet the criteria specified in the Act.

PGE Górnictwo i Energetyka Konwencjonalna Spółka Akcyjna ("Company," "PGE GiEK S.A.") is the only PGE Group company that meets the criteria in Chapter 6a of the Act. In connection with the above, this consolidated report on payments to public administration includes PGE GiEK S.A.'s data only.

The main economic activity of PGE GiEK S.A. ("Company") is activity listed in section D, division 35, of the Polish Classification of Economic Activities ("PKD"), i.e.:

  • Production of electricity (PKD 35.11.Z),
  • Transmission of electricity (PKD 35.12.Z),
  • Distribution of electricity (PKD 35.13.Z),
  • Trade in electricity (PKD 35.14.Z),
  • Production and supply of steam, hot water and air for air conditioning installations (PKD 35.30.Z).

The Company also conducts economic activity listed in PKD in section B Mining and quarrying. This is mainly lignite mining (PKD 05.20.Z), which is mainly used as fuel in power plants belonging to the Company.

Moreover, in accordance with the Statues, activities of the Company include also:

  • quarrying of ornamental and building stone, limestone, gypsum, chalk and slate (PKD 08.11.Z)
  • operation of gravel and sand pits; mining of clays and kaolin (PKD 08.12.Z),
  • mining of minerals for chemical industry and for production of fertilizers (PKD 08.91.Z),
  • extraction of peat (PKD 08.92.Z),
  • extraction of salt (PKD 08.93.Z),
  • other mining and quarrying not elsewhere classified (PKD 08.99.Z).

Those activities are of marginal significance for the Company and are conducted as activities accompanying lignite mining.

The Company's organisational structure as of January 1, 2021 included 7 branches:

  • Branch Elektrownia Bełchatów,
  • Branch Kopalnia Węgla Brunatnego Bełchatów,
  • Branch Kopalnia Węgla Brunatnego Turów,
  • Branch Elektrownia Turów,
  • Branch Elektrownia Opole,
  • Branch Zespół Elektrowni Dolna Odra,
  • Branch Elektrownia Rybnik.

Mining activities are conducted at two branches, i.e.:

  • Branch Kopalnia Węgla Brunatnego Bełchatów,
  • Branch Kopalnia Węgla Brunatnego Turów.

Mining activity conducted pursuant to concessions for lignite mining.

2. Rules applied in preparing the report on payments to public administration

Pursuant to art. 63e point 6 of the Act, payments are understood as amounts paid, in cash or in kind, on the following account:

  • receivables from production,
  • taxes on income, production or profits of companies, excluding taxes on consumption such as tax on goods and services, personal income tax or tax on sales,
  • royalties,
  • dividends,
  • concession fees and premiums for discovery and production,
  • licence fees, lease fees, fees for launching activities as well as other considerations for issuing a licence or concession,
  • payments for infrastructure improvements;

concerning the activities listed in art. 63e points 1 and 2 of the Act.

The activity listed in point 1 art. 63e of the Act consists of the exploration, prospecting, discovery, production and mining of minerals, oil, natural gas or other commodities within the types of economic activity listed in section B, divisions 05-08 of the Polish Classification of Economic Activities, whereas the activity listed in point 2 art. 63e of the Act is the activity referred to in section A division 02, group 02.2 PKD (wood harvesting from primary forests).

The Company does not harvest wood from primary forest areas therefore all amounts indicated in this report, unless explicitly stated otherwise, apply only to mining activity being conducted in the Company's two Branches listed above and do not include amounts paid to public administration on the account of other types of activity carried out at the Company's other Branches.

This report on payments to public administration takes into consideration the following items:

Payment title defined in art. 63a of the Accounting Act Titles of taxes and fees assigned by the Subsidiary to
each of the payment titles listed in the Accounting Act
Receivables from production The Company did not make any such payments to public
administration in 2021.
Taxes on income, production or profits of companies, excluding taxes
on consumption such as tax on goods and services, personal income
tax or tax on sales
Corporate income tax
Royalties The Company did not make any such payments to public
administration in 2021.
Dividends The Company did not make any such payments to public
administration in 2021.
Concession fees and premiums for discovery and production production fee, mining use fee
Licence fees, lease fees, fees for launching activities as well as other
considerations for issuing a licence or concession
fee for perpetual usufruct of land
fee for excluding land from agricultural and forestry production
fee for paid use of geological information
fee for economic use of the environment
property tax
tax on means of transport
farming tax
forest tax
Payments for infrastructure improvements The Company did not make any such payments to public
administration in 2021.

Corporate income tax

In 2014 PGE Górnictwo i Energetyka Konwencjonalna S.A. signed the 25-year agreement concerning a tax group named "PGK PGE 2015" where PGE Polska Grupa Energetyczna S.A., which is PGE GiEK S.A.'s parent, is the representing entity. An annex to this tax group agreement was signed in 2021, reducing the duration of PGK PGE 2015 by 7 years, i.e. until December 31, 2021. Aside from the representing entity and PGE GiEK S.A., the tax group includes other PGE Group companies. The tax group has been a corporate income tax payer since January 1, 2015. The Polish Corporate Income Tax Act treats tax groups as separate income tax payers. This means that companies within PGK PGE 2015 are not treated as separate entities for corporate income tax purposes, with PGK PGE 2015 being treated as one whole entity instead. PGK PGE 2015's tax base will constitute the group's aggregate income, calculated as the excess of the income of the companies that make up the group over their losses. Thus from 2015, the Company's corporate income tax is not transferred directly to the tax authority, but to the representing entity. Then, the representing entity transfers the corporate income tax calculated from the tax group's total income to the tax authority.

Considering the above circumstances, and in connection with the fact that corporate income tax is calculated at the Company's level, in this report it is recognised in amounts remitted to the representing entity, as the

full amount calculated on the total income of the Company rather than income from mining activities only, less overpayment refunds received.

Information contained in the report

The payment amounts presented in this report constitute the amounts of cash transfers to public administration in 2021 on account of specific titles, less any returns received in 2021. The Subsidiary did not make any in-kind payments to public administration in 2021.

Pursuant to art. 63f sec. 2 of the Act, the payment report is to contain the following information:

  • total amount of payments made to public administration of a given state, broken down into payments to specific public administration levels;
  • total amount of payments broken down into the titles listed in art. 63e point 6 to specific public administration levels of a given state;
  • in the event that payments were attributed by the entity to a specific project total amount of payments by specific project and broken down by the payment titles listed in art. 63e point 6.

The Company attributed its payments to public administration to two projects. These projects are related to activities conducted in:

  • Branch Kopalnia Węgla Brunatnego Bełchatów,
  • Branch Kopalnia Węgla Brunatnego Turów.

3. Payments to public administration made in 2021

3.1 Total amount paid to public administration, by level of public administration and by payment title

Public administration levels Tax on income,
production or
profit
Concession fees
and premiums for
discovery and
production
Fees for licences,
rent, launch of
activities and
others
Total
National government administration
organs and entities supervised or
controlled by these organs
- 64,297 36,141 100,438
Local government administration organs
and entities supervised or controlled by
these organs
- 54,861 173,284 228,145
Cities and municipalities - 54,861 150,436 205,297
Poviat authorities - - 3,817 3,817
Voivodship authorities - - 19,031 19,031
Corporate income tax* 102,981 - - 102,981
Total 102,981 119,158 209,425 431,564

* as described in point 2, in connection with having signed a tax group agreement, the Company does not make payments for corporate income tax to the relevant tax authority but instead transfers it to the representing entity – PGE Polska Grupa Energetyczna S.A. The presented amount constitutes the balance of tax payments to PGE and received refunds of overpayments, in an amount calculated based on the entire Company's income and not just income from extractive industries.

3.2 Total amount of payments by project and by payment title

3.2.1 Project KWB Bełchatów

Public administration levels Concession fees
and premiums
for discovery
and production
Fees for
licences, rent,
launch of
activities and
others
Total
National government administration organs and entities
supervised or controlled by these organs
55,061 29,642 84,703
Local government administration organs and entities supervised or
controlled by these organs
46,654 123,116 169,770
Cities and municipalities 46,654 108,448 155,102
Poviat authorities - 1,717 1,717
Voivodship authorities - 12,951 12,951
Total 101,715 152,758 254,473

3.2.2 Project KWB Turów

Public administration levels Concession fees and
premiums for
discovery and
production
Fees for licences,
rent, launch of
activities and others
Total
National government administration organs and
entities supervised or controlled by these organs
9,236 6,499 15,735
Local government administration organs and entities
supervised or controlled by these organs
8,207 50,168 58,375
Cities and municipalities 8,207 41,988 50,195
Poviat authorities - 2,100 2,100
Voivodship authorities - 6,080 6,080
Total 17,443 56,667 74,110

Warsaw, March 21, 2022

Signatures of members of the Management Board of PGE Polska Grupa Energetyczna S.A.

President of the Management
Board
Wojciech Dąbrowski
Vice-President of the
Management Board
Wanda Buk
Vice-President of the
Management Board
Paweł Cioch
Vice-President of the
Management Board
Lechosław Rojewski
Vice-President of the
Management Board
Paweł Śliwa
Vice-President of the
Management Board
Ryszard Wasiłek

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