Declaration of Conformity by the Supervisory Board and the Management Board of DEUTZ AG according to Article 161 of the German Stock Corporation Act
The DEUTZ AG Management Board and Supervisory Board declare according to Article 161 of the German Stock Corporation Act that DEUTZ AG complied and comply since the making of the last declaration of conformity in December 2008 with the recommendations of the "Government Commission on the German Corporate Governance Code" in its respectively valid versions of June 6, 2008 and June 18, 2009 with the following exceptions:
1. The D&O insurance taken out by DEUTZ AG for the Management Board will provide for the retention required by Article 93 paragraph 2 sentence 3 of the German Stock Corporation Act by July 1, 2010 which is the deadline stipulated by law (sub-clause 3.8 paragraph 2 sentence 1 DCGK). As regards the Supervisory Board such retention is for the time being not regarded as an appropriate regulative means (sub-clause 3.8 paragraph 2 sentence 2 DCGK).
2. At DEUTZ AG there is no age limit for the Management Board or Supervisory Board members (sub-clause 5.1.2 paragraph 2 sentence 3 and 5.4.1 sentence 2 DCGK). By this exception, DEUTZ AG intends to maintain the opportunity to benefit from the long lasting experience of senior Management Board and Supervisory Board members.
Cologne, December 2009