1. REACH at LANXESS LANXESS Procurement North America Thomas J. O'Neill CPO

2. 2 Agenda 1 2 3 LANXESS at a glance REACH at a glance REACH at LANXESS Procurement

3. 3 Agenda 1 2 3 LANXESS at a glance REACH at a glance REACH at LANXESS Procurement

4. 4 LANXESS is one of Germany’s most important providers of polymers and chemicals Employees worldwide (as of: 2008-09-30) Global orientation 14,983 Around 44 sites 21 countries Performance Polymers Advanced Intermediates Performance Chemicals Portfolio Sales thru 3rdQ/2008EUR 5,114 bn Sales in the year 2007EUR 6,608 bn

5. 5 Lanxess Production Sites Isithebe Thane Qingdao Toyohashi Brunsbüttel Leverkusen Mannheim Filago Port Jérôme Uerdingen Dormagen Antwerpen Marl Chardon/OH Sarnia/Canada Orange/TX Lerma Bitterfeld Porto Feliz Zaraté Vilassar de Mar Rustenburg Sydney Wuxi Baytown/TX La Wantzenau Branston Zwijndrecht Hamm-Uentrop Madurai Bushy Park/SC Merebank Newcastle Shanghai Burgettstown, PA Weifang Birmingham/NJ Cabo de Santo Agostinho Triunfo Duque de Caxias

6. 6 LANXESS has built a strong portfolio with leadership businesses  13 Business Units substantially restructured and repositioned  All BUs now occupy leadership positions in their markets  Strategic divestments of four Business Units: -Fibers -Paper Chemicals -Textile Processing Chemicals -Lustran Polymers  Strategic Acquisitions -Petroflex -Chrome International South Africa Leadership position Profitability and stability expectation LANXESS Portfolio 2008 Divestments LANXESS Business Units

7. 7 Agenda 1 2 3 LANXESS at a glance REACH at a glance REACH at LANXESS Procurement

8. 8 Registration, Evaluation, and Authorization of Chemicals (REACH) Created a single European Union regulatory scheme for all chemical substances. Entered into force on June 1, 2007 with 11 year phase-in period. European companies and non-European companies that ship chemical products into Europe, have customers that ship products into Europe, and/or purchase products from Europe are impacted. Industry is given more responsibility. The government no longer must scientifically prove that the use of a substance is dangerous. The chemical industry must demonstrate (in conjunction with the user) that the use of a certain substance under normal circumstances is safe.

9. 9 Key REACH Requirements Pre-registration: Companies pre-register at no cost on-line providing basic information on substance identity and company. Allows phased-in registration and identifies companies that produce the same chemical to share information and develop joint registration packages. Registration: Requires submittal of a technical dossier with extensive data on the toxic characteristics of the substance, which will entail substantial testing and data gathering. Will be substance specific and chemical manufacturer or importer specific.

10. 10 REACH provides an extended time period for registration only for companies which have pre- registered their substances REACH - Registration Deadlines Pre-Registration REACH entered into force June 1, 2008 Dec. 1, 2008 June, 1 2007 Nov. 30, 2010 May 31, 2013 May 31, 2018 1-100 tons per year 100-1,000 metric tons per year ≥ 1,000 tons per year Carcinogenic, Mutagenic or toxic for Reproduction ≥ 1 ton per year Very toxic to aquatic organism ≥ 100 tons per year 100-1,000 tons per year

11. 11 REACH Strategies for Non-EU Companies exporting to the EU Supplier Registration Register via an EU-based ‘Only Representative’ or Depend on EU based customers to register as an importer Customer Registration Customer registers as importer and has responsibility for REACH requirements

12. 12 Cost of registration depends on quantities, properties and uses of the chemicals Quantities manufactured or imported 1 - 10 mt/y 10 - 100 mt/y100-1000 mt/y> 1000 mt/y Annex VII Annex VII-VIIIAnnex VII-IXAnnex VII-X Required tests according to: Technical Dossier Chemical Safety Report (CSR) Exposure evaluation and risk assessment* Registration documents Intermediates Increasing Costs *if sustances are classified as „dangerous“

13. 13 Registration as Intermediate (Article 18-Certificates) Substances declared as intermediates and handled under strictly controlled conditions result in reduced administrative costs. Registration as intermediate can save up to 80 T€ per substance only in administration cost. Additional costs for required tests can be estimated after gap analysis. Type of Substance Registration Fee (€) Dossier Compilation (€) Total administrative Costs (€) Intermediates 1,60065,00066,600 Not Dangerous 31,000 85,000116,000 Dangerous31,000115,000146,000 Diff. = 80 T€

14. 14 Agenda 1 2 3 LANXESS at a glance REACH at a glance REACH at LANXESS Procurement

15. 15 REACH Strategy at LANXESS  Complete Pre-Registration of the current LANXESS portfolio.  Pre-Registration of substances with possible future relevance.  Pre-Registration of all Raw Materials independent of supplier's intention to register.  Pre-Registration of strategic substances for all LANXESS Legal Entities within the EU independent of our current production sites.  For LANXESS Legal Entities outside of the EU, LANXESS GmbH acts as ‘Only Representative’ so that they can export into the EU. “Keep every option open”

16. 16 Ensure further delivery of raw materials and maintain flexibility in sourcing  Request our vendor’s intention to pre-register / register via a standardized questionnaire  We expect complete pre-registration and registration of all substances supplied by our vendors.  Own Pre-Registration of all raw materials (current and future portfolio) independent of vendor’s intention to register  Enables LANXESS to act as an importer with extended registration periods. LANXESS Procurement REACH Implementation Ensure future delivery of raw materials and maintain flexibility in sourcing

17. 17 Supplier Survey 2008 How we minimized open requests:  Vendors who didn’t reply sufficiently were reminded by an automated procedure.  Any Open Vendor/Material combinations were followed up directly by the responsible Purchasers (Business Contacts). An eQuestionnaire-Tool was implemented to ensure automation of requests and efficient documentation of supplier replies

18. 18 REACH Supplier Survey (1860 Substances) % REACH compliant substances No interruption in future supply is expected

19. 19 What do we expect from a non-EU based Supplier and his ‘Only Representative’?  Complete pre-registration and registration of all REACH relevant substances delivered to LANXESS  Written statement that he has appointed an “Only Representative”  Pro-active information about status and progress  Cost Transparency in terms of REACH  All LANXESS applications are to be covered by registration

20. 20 REACH at LANXESS Procurement: Next Steps  Estimate cost and evaluate impact on supply portfolio  Prepare own exposure scenarios and risk assessments to protect Intellectual Property in terms of sensitive end-uses  Consider option to register on our own

21. Thank you very much for your kind attention.

23. 23 Backup: Questions and Answers What does LANXESS expect from a supplier's "OR"? Competent preregistration and registration of the substances to be delivered. The LANXESS uses should be covered in the Exposure Scenario annex to the Safety Data Sheet. Will LANXESS show preference to suppliers that allow you to act as OR. Have you aggressively marketed your OR activities and if so - do you have many companies that have signed on? LANXESS will only act as OR for own subsidiaries outside the European Community

24. 24 Backup: Questions and Answers Intermediates - are you planning capital improvements to your facilities so that intermediates can be rigorously contained? There should be no need as intermediates are already handled under safe conditions at LANXESS. In any case, all intermediates are being reviewed for REACH compliance. Did LANXESS pre-register products you purchase? If so, in instances where several suppliers also pre-register, do you intend to register? How will LANXESS handle the next stages LANXESS preregistered all needed substances as a precaution. Registration will be done in single cases only, e. g. for possible imports after cost-benefit analysis.

25. 25 Backup: Questions and Answers What is LANXESS doing about products you buy that were not pre-registered by any suppliers - if any? LANXESS pre-registered all substances needed and would be able to act as importer/ manufacturer. How will LANXESS handle SIEF participation for products pre- registered that are not produced by LANXESS (this assumes you have some!)? LANXESS may not be able to provide information or data from previous studies but we may have to participate in the costs of future studies required to register under REACH.

26. 26 Backup: Questions and Answers Is LANXESS doing anything special to protect your IP - especially in regards to "sensitive" end uses for purchased products? Yes, of course, LANXESS may prepare own exposure scenarios and risk assessments to protect Intellectual Property in terms of sensitive end-uses Will REACH have an impact on where LANXESS sources toll production? Maybe – any incremental costs for registration for toll produced products will have to be considered.

27. 27 Backup: Questions and Answers Will LANXESS preferentially purchase products from companies that are pro-active about REACH? We expect REACH compliance from all of our suppliers: No REACH compliance means no business. Will you help suppliers comply with registration by offering to offset the costs? LANXESS expects competitive raw material costs, even under the conditions of the REACH regulation

28. 28 Backup: Questions and Answers Supplier survey - were there consequences for no response? Did you succeed in getting responses from enough of your suppliers to convince you that acquiring raw materials will not be a problem? Based on the results of our survey we do not expect any future interruptions in supply due to REACH. How do you intend to handle SIEF participation - with internal resources or external resources? Regarding our purchased raw materials, we are not an owner of data. Therefore our SIEF activity will be limited. There should be no need for LANXESS to employ external resources.

29. 29 Backup: Questions and Answers Does LANXESS have the ability to perform necessary registration testing in house. If not, how will you go about outsourcing this activity? LANXESS has arranged contracts with external service providers to perform any testing required for registration under REACH.