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UCB SA - BNP Paribas Fortis

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control mechanisms operate differently from jurisdiction to jurisdiction and may result in substantial<br />

price and reimbursement differentials between different countries.<br />

Even though the <strong>UCB</strong> Group cannot predict with certainty the future governmental or private healthcare<br />

insurance interventions on the pricing and reimbursement of pharmaceutical products, such<br />

interventions may include the increase of price controls and restrictions in use, the inclusion of patent<br />

protected drugs in a fixed price system by therapeutic area and legislation permitting or requiring a<br />

pharmacist to substitute a prescribed pharmaceutical product with other versions thereof, including<br />

generic products. These interventions could have significantly adverse consequences for the<br />

pharmaceutical industry, including the business activities of the <strong>UCB</strong> Group.<br />

14. HEALTH, <strong>SA</strong>FETY AND ENVIRONMENTAL REGULATIONS<br />

Although there is a significant process of harmonizing health, safety and environmental regulations<br />

among the member states of the EU and in some cases globally, regulations vary across the countries in<br />

which the <strong>UCB</strong> Group operates. The <strong>UCB</strong> Group’s goal is to be in compliance with all applicable<br />

health, safety and environmental requirements and to make sure it provides workplaces for employees<br />

that are safe. The <strong>UCB</strong> Group monitors and evaluates all environmental legal initiatives and laws<br />

regarding their potential impact on its current and past activities in order to develop and implement<br />

appropriate action plans in a timely and effective manner. When necessary, the <strong>UCB</strong> Group incurs<br />

capital expenditure to help achieve this objective, and has recently outsourced certain aspects of its<br />

health and safety operations such as the processing of non-serious drug safety cases, aiming to improve<br />

efficiency. The <strong>UCB</strong> Group expects that it will continue to be subject to stringent health, safety and<br />

environmental regulations. Although the <strong>UCB</strong> Group cannot predict future expenditures, it believes<br />

that current spending trends will continue.<br />

The development, production and distribution of the products of the <strong>UCB</strong> Group is subject to<br />

increasingly stringent environmental regulations. These environmental regulations address:<br />

• emissions into the air;<br />

• discharges of waste water;<br />

• incidental and other releases into the environment;<br />

• generation, handling, storage, transportation, treatment and disposal of hazardous and nonhazardous<br />

materials; and<br />

• construction and operation of facilities.<br />

Historically, the <strong>UCB</strong> Group owned and operated various chemical industrial sites. Pursuant to some of<br />

the environmental regulations which apply to the business activities of the <strong>UCB</strong> Group, a current or<br />

previous owner or operator of an industrial site may be liable for the remediation costs associated with<br />

the site, irrespective of whether it caused or was aware of the presence of the contaminants, or whether<br />

the practices that resulted in the contamination were in compliance with the applicable laws at the time<br />

they occurred. As many of the former industrial sites of the <strong>UCB</strong> Group have a long history of<br />

chemical production, it cannot be excluded that soil or groundwater contamination has not or will not<br />

occur or be discovered at these sites. Accordingly, the full impact of these regulations on the <strong>UCB</strong><br />

Group cannot be predicted. In connection with the sale of its Surface Specialty business activities the<br />

<strong>UCB</strong> Group also agreed with the respective purchasers to retain specific environmental liabilities, in<br />

each case subject to certain limitation periods.<br />

A11250830/2.25/23 Oct 2009 81

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