Declaration of Compliance

The Board of Management and the Supervisory Board declare that the recommendations of the Government Commission on the German Corporate Governance Code as set forth in the 2011 unchanged version of May 26, 2010 have been complied with in the 2012 financial year and will be complied with in the future with the exception of the following recommendation:

Articles 5.1.2. and 5.4.1.
(composition of the Board of Management and Supervisory Board)
When deciding on the appointment of new members of corporate bodies, also in future the emphasis will be on the qualifications of the candidates and not on their gender.

Sassenberg, January 2012