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 Mr. Georg KellExecutive DirectorUnited NationsNewYork, NY 10017USA
Dr. Wolfgang Große Entrup
 
Dear Mr. Kell,
2009-08-20
 
Senior Vice President
Bayer AGCorporate CenterEnvironment & SustainabilityBuilding K 951368 LeverkusenGermanyPhone +49 (0) 214-30-57772Fax +49 (0) 214-30-66392wolfgang.grosseentrup.wg@bayer-ag.deBoard of Management:Werner Wenning,Chairman of the BoardKlaus KühnWolfgang PlischkeRichard PottChairman of theSupervisory Board:Manfred SchneiderRegistered Office:LeverkusenLocal Court Köln:HRB 48248
Thank you very much for providing us with information about a matterthat has been raised under the UN Global Compact’s Integrity Measuresby Mr. Philipp Mimkes from the CBG (Germany) mentioning our companyin reference to an accident at the Bayer CropScience plant in Institute,West Virginia.An open dialogue with our stakeholders is an important element of ourcorporate policy at Bayer and we believe in this as an indispensablemodus operandi in an open society. We very much support such adialogue, as long as it is conducted in good faith and with respect foreach other’s position. Unlike with most non-governmental organizations,a constructive dialogue with the local activist group “Coalition AgainstBayer Dangers” (CBG), who have written to you in this matter, has neverbeen possible.The CBG has a long history of using every event and incident to defameour company in open letters and protest actions. In short, this groupcriticizes all Bayer activities – be they commercial, ecological or social – in a most subjective and insidious manner. The policy of this group is tovilify not only our company but also those partners who cooperate withus. With its protests against Bayer, the CBG defames not only themanagement but also Bayer employees and other respectablestakeholders.With regard to the above-mentioned accident, we have responded toqueries by the CBG most recently at our public Annual ShareholdersMeeting in May this year. We have prepared a translation of the originalGerman language statement provided by Bayer Group Chairman WernerWenning to the CBG on that day for your information.Allow us to briefly summarize the situation in our production site inInstitute, West Virginia.
 
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In August of last year an explosion occurred at the Institute site in aresidue treater. Tragically, two of our employees lost their lives in thisaccident.Bayer CropScience supported the authorities involved in theirinvestigations into the causes of the accident. Our Company alsoundertook its own investigation and has initiated steps to further improveoccupational safety and communication in emergencies.The goal of allthese measures, which have been developed and implemented in closecooperation with the authorities, is to ensure the safety of employees andneighbors and limit impact on the environment.In April 2009, a sub-committee of the US Congress scheduled a hearingon the explosion. At the request of the sub-committee, representatives ofBayer CropScience replied to questions on this tragic accident. BayerCropScience took part at the hearing and cooperated with the sub-committee on the preparation for the hearing.The main reason that triggered the hearing was a difference in the legalopinion on the interpretation of certain provisions of the US MaritimeTransportation Safety Act by which a company would be prevented frommaking so-called “Security Sensitive Information – SSI –“ accessible tothe public. While Bayer was publicly criticized for taking a too restrictiveapproach on this question, it was also recognized at the hearing that theproper use of SSI is an area in need of further regulatory education andguidance. In any event, Bayer firmly stated that it did not withhold anyinformation required by the authorities at any time.Health, Safety, Environment and Quality (HSEQ) are highly importantissues for the Bayer Group. Bayer is a global company with numeroussites and subsidiaries. HSEQ management systems have therefore beenestablished to ensure uniformly high health, safety, environmentalprotection and quality standards. Our aim is to ensure the identification ofpotential risks that could affect people and the environment or the imageand profitability of Bayer, to support compliance with relevant externaland internal regulations and achieve adequate health, safety,environmental protection and quality standards worldwide. We areconvinced that our sites are operated on highest safety standard and ouremployees have been trained appropriately. Nevertheless, wecontinuously learn and improve in order to eliminate the slightest risk ofhuman error. This is why we have immediately taken measures toprevent such an accident to happen again in future.

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