Declaration of Conformity of

AGO AG Energie + Anlagen

The German Corporate Governance Code (“Code”) contains suggestions and recommendations on the management and supervision of German listed companies. The Code was passed on 26 February 2002 by the Commission of the German Corporate Governance Code and has since been changed several times – latest on 18 June 2009, effective from 5 August 2009. All AGO AG shares are admitted in the open market (unofficial market) as well as the unofficial market’s segment with additional transparency requirements (Entry Standard) at the Frankfurt Stock Exchange. Thus, AGO AG Energie + Anlagen is not a listed company pursuant to § 3 paragraph 2 Stock Corporation Act (AktG). Therefore, according to § 161 of the Stock Corporation Act (AktG), the BOD and the Supervisory Board of AGO AG are not obliged to annually declare that the recommendations of the Code have been and will be complied with and which recommendations have not been or will not be adopted.

The Company does not yet follow the regulations of the Code as it is currently not obliged to release a compliance statement. However, the company is checking whether such declaration shall be released in the future.