To the Management Board of Towarowa Giełda Energii S.A. APPLICATION for admission to the operation on the Commodity Market of Towarowa Giełda Energii S.A. ........................................................................................................................................................... /Applicant's name/ hereby applies to the Management Board of Towarowa Giełda Energii S.A. (hereinafter also referred to as “TGE”), pursuant to the Trading Rules for the Commodity Market of the Towarowa Giełda Energii S.A. (hereinafter also referred to as “the Rules”) for admission to operation on the following markets within the Commodity Market: Proposed date of the first session Day-Ahead Market and Intraday Market (DAM&IDM) Gas Day-Ahead Market and Intraday Market (DAM&IDMg) Commodity Forward Instruments Market (CFIM) for electricity forward instruments for gas forward instruments for forward instruments on the Property Rights arising from Certificates of Origin for electricity generated in renewable energy sources Property Rights Market (PRM) Emission Allowance Market (CO2Spot) The Applicant undertakes to advise Towarowa Giełda Energii S.A. of any changes to the details provided in this Application, and to submit, on demand from Towarowa Giełda Energii S.A., up-to-date versions of the documents submitted as attachments to this Application. …............................. /place and date/ .................................................................................... /signatures of authorised representatives of the Applicant/ page 1 The list of Attachments required in accordance with the Trading Rules for the Commodity Market of Towarowa Giełda Energii S.A. for the consideration of the Application: The documents required for all the markets the Applicant intends to operate on: 1. The list of persons authorised to represent the Applicant in market transactions together with specimen signatures, phone numbers and email addresses (based on Schedule 1). 2. A document specifying the method of the verification by the Applicant of the fulfilment of the requirements set out in Article 41a of the Act on Commodity Exchanges by the individuals authorised to represent the Applicant in market transactions. 3. A document evidencing the capability of correct settlement of the market transactions formed, as referred to in § 22 a) of the Rules. 4. A permission from the Polish Financial Supervision Authority to maintain accounts or commodity registers certified as a true copy of the original, or a document evidencing the execution of a transaction settlement agreement with a brokerage house or a commodity brokerage house being a member of the Clearing House – applies to the entities mentioned in § 12 sub-paragraph 1 point c) of the Rules. 5. A permission from the Polish Financial Supervision Authority to carry out brokerage activities – applies to the entities mentioned in § 12 sub-paragraph 1 points a) and b) of the Rules. The additional documents required for specific markets the Applicant intends to operate on: 6. 7. 8. For Applicants submitting an application concerning the DAM&IDM or CFIM with respect to electricity forward instruments: The list of contact persons for electricity scheduling authorised by the Applicant (based on Schedule 2); A copy of the relevant electricity licence granted by the President of the Energy Regulatory Office, if required under the Energy Law Act, certified as true copy of the original; A declaration of the Management Board of the Applicant confirming the execution of a transmission contract with Polskie Sieci Energetyczne S.A. (hereinafter “PSE S.A.”) (based on Schedule 3) or an Application for the consent to use Shared Scheduling Units, as referred to in § 11 sub-paragraph 4 of the Rules together with a Declaration of the Sharing Party (based on Schedules 4 and 4a); A declaration on the selected option for the annual fee for the participation in the DAM&IDM (based on Schedule 5). For Applicants submitting an application concerning the DAM&IDMg or CFIM with respect to gas forward instruments: The list of contact persons for reconciliation of nominations, authorised by the Applicant (based on Schedule 6); A copy of the relevant gas licence granted by the President of the Energy Regulatory Office, if required under the Energy Law Act, certified as true copy of the original; A declaration of the Management Board of the Applicant confirming the execution of a transmission contract (based on Schedule No 7) or an Application for the consent to use a Shared Shipper Code, as referred to in § 111 sub-paragraph 4 of the Rules together with a Declaration of the Sharing Party (based on Schedules 8 and 8a); A declaration on the selected option for the annual fee for the participation in the DAM&IDMg (based on Schedule 9). The membership in the Certificate of Origin Register is required in order to be admitted to the operation on the PRM or CFIM with respect to forward instruments on the Property Rights arising from Certificates of Origin for electricity generated in renewable energy sources. page 2 Schedule 1: List of individuals authorised to represent the Applicant in market transactions. List of individuals authorised to represent the Applicant in market transactions on the Commodity Market of Towarowa Giełda Energii S.A. ........................................................................................................................................................... /full Company name/ No. Name and Surname Position Phone Mobile phone Address email Specimen signature Principal contact person (mark with “x”) 1 2 3 4 5 6 7 By affixing their signature in the table above, the representative undertakes to observe the Trading Rules for the Commodity Market of Towarowa Giełda Energii S.A. and other regulations being in force on the TGE's Commodity Market. The Applicant declares that the above individuals are employed by the Applicant and have adequate professional qualifications and experience at a sufficient level to ensure compliance with the principles of fair and secure trading of the Commodity Market operated by Towarowa Giełda Energii S.A. The admission of the above persons to the representation of the Exchange Member in transactions concluded on the Commodity Market is subject to the completion of obligatory training carried out by Towarowa Giełda Energii S.A. Appendices to the list: Documents confirming the verification of the fulfilment by each of the above-mentioned persons of the requirements set out in Article 41a of the Act on Commodity Exchanges. ……………………….................................................................... /date, stamp and signatures of persons authorised to represent the Applicant/ page 3 Schedule 2: The list of contact persons for electricity scheduling authorised by the Applicant The list of authorised contact persons for electricity scheduling .................................................................................................................................................... /full Company name/ No. Name and Surname Position Phone Mobile phone Address email 1 2 3 4 5 6 7 ………………………............................................................ /date and signatures of persons authorised to represent the Applicant/ page 4 Schedule 3: Declaration of the Applicant confirming the execution of a transmission contract with PSE S.A. /Place, date dd-mm-yyyy/ The Management Board of Towarowa Giełda Energii S.A. 23 Poleczki St 02-822 Warsaw, Poland Declaration The Management Board of /Applicant's name and place of business/ declares that: - /Applicant's name/ is a participant of the Balancing Market operated by PSE S.A.; - /Applicant's name/ is a party to a transmission contract with PSE S.A. and such contract covers transactions entered into on the exchange market operated by Towarowa Giełda Energii S.A.; - /Applicant's name/ was assigned the identification and configuration data for the participation in the Balancing Market in accordance with the attached authenticated copy of the attachment to the transmission contract with PSE S.A. /Applicant's name/ undertakes to promptly advise Towarowa Giełda Energii S.A. of any changes to the identification and configuration data contained in the attachment to the above-mentioned contract, as well as of the expiry of the contract or the suspension of its performance by PSE S.A. On behalf of /Applicant's name/ .......................................................................................................... /signatures of persons authorised to represent the Applicant/ page 5 Schedule 4: Application for consent to use shared scheduling units /Place, date dd-mm-yyyy/ The Management Board of Towarowa Giełda Energii S.A. 23 Poleczki St 02-822 Warsaw, Poland Application for consent to use Shared Scheduling Units On behalf of /Applicant's name and place of business/ (“the Applicant”), acting pursuant to § 11 sub-paragraph 3 of the Trading Rules for the Commodity Market of Towarowa Giełda Energii S.A. we hereby request your consent for the use of the Shared Scheduling Units /code of scheduling units/ shared by /name of the Sharing Party/, as of /dd-mm-yyyy/ deemed to be the first day of trading. The Applicant undertakes to immediately advise Towarowa Giełda Energii S.A. of any changes to its identification or configuration details set out in the transmission contract pursuant to which the Sharing Party holds the Shared Scheduling Units, and of the termination or suspension of the performance of such contract by PSE S.A. Attached to this Application is a declaration of the Sharing Party and the current excerpt from the Register of Entrepreneurs for the Sharing Party. ......................................................................................... /signatures of persons authorised to represent the Applicant/ page 6 Schedule 4a: Declaration of the party sharing the scheduling units. /Place, date dd-mm-yyyy/ The Management Board of Towarowa Giełda Energii S.A. 23 Poleczki St 02-822 Warsaw, Poland Declaration of the Sharing Party confirming the sharing of the Scheduling Units We the undersigned, acting on behalf of /Applicant's name and place of business/, entered into the register of entrepreneurs maintained by the District Court in /place, department number/ Commercial Department of the National Court Register under the number KRS /KRS number/ (“the Sharing Party”) declare that: 1. The Sharing Party has a valid transmission contract in place. 2. The Sharing Party entered into an agreement with /name and place of business of the entity using the shared scheduling units/ (“the Operating Party”) and thereunder has shared its scheduling units (“the Shared Scheduling Units”) with the Operating Party. 3. The Shared Scheduling Units have the following designations: OR Code; Full OR name; JG Code; Full JG name; URB Code; Full URB name; 4. The Operating Party may use the Shared Scheduling Units for the purposes of technical notification of electricity buy or sell transactions entered into by the Operating Party on the exchange market for physical execution on the Balancing Market. 5. The use of the Shared Scheduling Units by the Operating Party must not infringe upon the principles applicable to the operation of the Operating Party on the commodity market operated by Towarowa Giełda Energii S.A. 6. The Sharing Party is responsible for the correct notification of the Shared Scheduling Units to the transmission system operator and the notification of the transactions entered into by the Operating Party on the exchange market, which are to be notified through the Shared Scheduling Units. 7. The Sharing Party declares that it will notify TGE in writing of its intention to amend or terminate the agreement pursuant to which it has shared the Scheduling Units with the Operating Party. 8. The Sharing Party will promptly notify TGE of any events that could affect the proper operation of the Operating Party on the commodity exchange operated by TGE. 9. In case of providing untrue information or a failure to notify TGE of the events described in sections 7 and 8 above, the Sharing Party undertakes to cover any losses incurred by TGE as a result of its failure to respect this undertaking. On behalf of the Sharing Party …………………………………………………………………………………………………………………………… /signatures of authorised representatives of the sharing party/ page 7 Schedule 5: Declaration on selection of the annual fee option Declaration on selection of the annual fee option for the participation in DAM&IDM in the year ...................... Pursuant to the attachment to the Trading Rules for the Commodities Market of Towarowa Giełda Energii S.A. titled “Exchange fees” The Exchange Member .................................................................................... /Applicant's name/ hereby selects the following option for the annual fee for the participation in the DAM&IDM in year: .................................................. /please indicate the year/ (Please indicate the selected option with “X”) Option I annual fee: PLN 100,000 *) Option II annual fee: PLN 1.000 *) The selection of Option I for the annual fee for the participation in the DAM&IDM entails the selection of Option I for the session transaction fee at the DAM&IDM. The selection of Option II entails the selection of Option II for the session transaction fee at the DAM&IDM. The transaction fee for OTC Deals on the DAM&IDM is identical under either Option. ………………………............................................................ /date and signatures of persons authorised to represent the Applicant/ NOTE: The above information is necessary for TGE in order to assign the appropriate amount of the transaction fee in the IT system to each Member of TGE, depending of the selected option. *) The fees are exclusive of VAT tax at 23% page 8 Schedule 6: The list of contact persons for reconciliation of nominations, authorised by the Applicant The list of authorised contact persons for reconciliation of nominations ................................................................................................................................................... /full Company name/ No. Name and Surname Position Phone Mobile phone Address email 1 2 3 4 5 6 7 ……………………….............................................................. /date and signatures of persons authorised to represent the Applicant/ page 9 Schedule 7: Declaration of the Applicant confirming the execution of a transmission contract with GAZ-SYSTEM S.A. /Place, date dd-mm-yyyy/ The Management Board of Towarowa Giełda Energii S.A. 23 Poleczki St 02-822 Warsaw, Poland Declaration The Management Board of /Applicant's name and place of business/ declares that: - /Applicant's name/ is a party to transmission contract with GAZ-SYSTEM S.A., contract number: /contract number/ and thereunder it is entitled to transmission ability allocation (PZ) covering the entry point and the exit point for the transactions entered into on the exchange market operated on TGE, i.e. WPWE GG (170001) and WPWYGG (100001); - /Applicant's name/ was assigned the identification and configuration data, including the Shipper Code /designation of the Shipper Code/, in accordance with the requirements of GTO GAZ-SYSTEM S.A. enabling the submission by TGE of a nomination corresponding to the balance of gas buy or sell transactions entered into by the Applicant on the exchange market operated by Towarowa Giełda Energii S.A. /Applicant's name/ undertakes to promptly advise TGE of any changes to the capacity allocation for points WPWEGG (170001) and WPWYGG (100001), as well as of any changes to the identification and configuration data contained in the transmission contract, the expiry of the contract or the suspension of its performance by GTO GAZ-SYSTEM S.A. On behalf of /Applicant's name/ .......................................................................................... /signatures of persons authorised to represent the Applicant/ page 10 Schedule 8: Application for consent to use a Shared Shipper Code /Place, date dd-mm-yyyy/ The Management Board of Towarowa Giełda Energii S.A. 23 Poleczki St 02-822 Warsaw, Poland Application for consent to use a Shared Shipper Code On behalf of /Applicant's name and place of business/ (“the Applicant”), acting pursuant to § 111 sub-paragraph 3 of the Trading Rules for the Commodity Market of Towarowa Giełda Energii S.A. we hereby request your consent for the use of the Shared Shipper Code /designation of the Shipper Code/ shared by /name of the Sharing Party/, as of /dd-mm-yyyy/ deemed to be the first day of trading. The Applicant undertakes to immediately advise TGE of any changes to its identification or configuration details set out in the transmission contract pursuant to which the Sharing Party was assigned the identification and configuration details, including the Shared Shipper Code, and of the termination or suspension of the performance of such contract by GAZ-SYSTEM S.A. Attached to this Application is a declaration of the Sharing Party and the current excerpt from the Register of Entrepreneurs for the Sharing Party. ......................................................................................... /signatures of persons authorised to represent the Applicant/ page 11 Schedule 8a: Declaration of the Sharing Party confirming the sharing of the Shipper Code. /Place, date dd-mm-yyyy/ The Management Board of Towarowa Giełda Energii S.A. 23 Poleczki St 02-822 Warsaw, Poland Declaration of the Sharing Party confirming the sharing of the Shipper Code We the undersigned, acting on behalf of /Applicant's name and place of business/, entered into the register of entrepreneurs maintained by the District Court in /place, department number/ Commercial Department of the National Court Register under the number KRS /KRS number/ (“the Sharing Party”) declare that: 1. The Sharing Party has a valid transmission contract with GTO GAZ-SYSTEM S.A. having its registered office in Warsaw /contract number/ and thereunder it is entitled to transmission ability allocation (PZ) covering the entry point and the exit point for the transactions entered into on the exchange market operated on TGE, i.e. WPWEGG (170001) and WPWYGG (100001) 2. The Sharing Party was assigned the relevant identification and configuration data, including the Shipper Code /designation of the Shipper Code/. 3. The Sharing Party entered into an agreement with /name and place of business of the entity using the shared Shipper Code/ (“the Operating Party”) and thereunder has shared its Shipper Code (“the Shared Shipper Code”) with the Operating Party. 4. The Operating Party may use the Shared Shipper Code for the purpose of the submission by Towarowa Giełda Energii (“TGE”) of a nomination corresponding to the balance of the gas buy or sell transactions entered into by the Operating Party on the commodity market operated by TGE (“the market”). 5. The use of the Shared Shipper Code by the Operating Party must not infringe upon the principles applicable to the operation of the Operating Party on the exchange market. 6. The Sharing Party declares that it will notify TGE in writing of its intention to amend or terminate the agreement pursuant to which it has shared the Shipper Code with the Operating Party. 7. The Sharing Party shall promptly notify TGE of any events that could affect the proper operation of the Operating Party on the exchange market. 8. In case of providing untrue information or a failure to notify TGE of the events described in sections 6 and 7 above, the Sharing Party undertakes to cover any damage resulting from its failure to respect this undertaking. On behalf of the Sharing Party ……………………………………………………………………………………………………………… /signatures of authorised representatives of the sharing party/ page 12 Schedule 9: Declaration on selection of the annual fee option Declaration on selection of the annual fee option for the participation in DAM&IDMg in the year ...................... Pursuant to the attachment to the Trading Rules for the Commodities Market of Towarowa Giełda Energii S.A. titled “Exchange fees” The Exchange Member .................................................................................... /Applicant's name/ hereby selects the following option for the annual fee for the participation in the DAM&IDMg in year: .................................................. /please indicate the year/ (Please indicate the selected option with “X”) Option I annual fee: PLN 100,000 *) Option II annual fee: PLN 1.000 *) The selection of Option I for the annual fee for the participation in the DAM&IDMg entails the selection of Option I for the session transaction fee at the DAM&IDMg. The selection of Option II entails the selection of Option II for the session transaction fee at the DAM&IDMg. The transaction fee for OTC Deals on the DAM&IDMg is identical under either Option. ………………………........................................................... /date and signatures of persons authorised to represent the Applicant/ NOTE: The above information is necessary for TGE in order to assign the appropriate amount of the transaction fee in the IT system to each Member of TGE, depending of the selected option. *) The fees are exclusive of VAT tax at 23% page 13