Material Fact – Civil Non-Prosecution Agreement – ANPC

ECORODOVIAS INFRAESTRUTURA E LOGÍSTICA S.A. (“Company”), ECORODOVIAS CONCESSÕES E SERVIÇOS S.A. (“ECS”) and CONCESSIONÁRIA ECOVIAS DOS IMIGRANTES S.A., (“Ecovias dos Imigrantes”), pursuant to Paragraph 4, Article 157 of Federal Law 6,404/76, as amended, and Resolution 44/21 of the Securities and Exchange Commission of Brazil (CVM), and in addition to the material fact notice dated September 22, 2021, announce to its shareholders and to the market in general that they were informed about the vote of the Council Member Rapporteur of the Superior Council of the Prosecution Office (“CSMP”) and its decision not to ratify the Civil Non-Prosecution Agreement (acordo de não persecução cível) (“ANPC“) entered by and between the Company, Ecovias dos Imigrantes and the São Paulo State Prosecution Office (“MPSP“) and to order the dismissal of Civil Investigations 14.0695. 489/2.018-9, 14.0695.295/2.018-8 and 14.0695- 1.071/2014-1, which will not result in potential sanctions arising from these investigations related to civil procedures or discussions, including acts of improbity, against Ecovias dos Imigrantes and the other companies of Ecorodovias Group, as mentioned in Material Fact notice dated April 6, 2020.

The CSMP understood that (i) the facts analyzed in said Civil Investigations already reached their statute of limitations periods and were not proven; (ii) the ANPC would be granting an unlawful extension of the concession contract period to subsidize the fulfillment of the obligations provided for in the ANPC; and (iii) the ANPC no longer serves the public interest due to the loss of its object due to the execution of Amendment 18/2021 (“TAM 18/2021”) and to the court decision granted by the São Paulo State Court of Appeals in the lawsuit discussing the enforceability of Amendment 10/2006 (lawsuit 1045799-02.2014.8.26.0053 – “Action for Annulment”).

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Marcello Guidotti
Investor Relations Officer
Ecorodovias Infraestrutura e Logística S.A.
Ecorodovias Concessões e Serviços S.A.

Ronald Dennis Marangon
Investor Relations Officer
Concessionária Ecovias dos Imigrantes S.A.

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