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Ardagh Glass Finance plc - Irish Stock Exchange

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Asbestos is present, or may be present, at a number of <strong>Ardagh</strong> sites. The rules governing the<br />

management of asbestos vary between Member States and it is possible that remediation measures to<br />

remove asbestos containing materials (‘‘ACMs’’) will be required, in particular where friable ACMs are<br />

present or where a site is decommissioned.<br />

Prior to the acquisition of the various facilities that make up the <strong>Ardagh</strong> business, independent<br />

environmental studies were commissioned by <strong>Ardagh</strong> as acquirer or by the various vendors from which<br />

the facilities were acquired. While the reports resulting from these studies highlight some actual or<br />

potential issues, no material environmental issues were reported. These studies identified that asbestos<br />

is present, or may be present, at a number of sites which may require remediation. The reports came to<br />

the conclusion that at certain German sites there are indications of soil or groundwater contamination<br />

which may require investigation and/or remediation. Possible soil and groundwater contamination issues<br />

were also identified at the sites in The Netherlands, the materiality of which was not established. There<br />

is significant potential for contamination to be present at the Gostyn site and potential contamination<br />

at the Wyszków site in Poland. Therefore, the possibility of future remediation costs cannot be<br />

excluded. There is known contamination at the site in Sweden and Denmark. Hydrocarbon<br />

contamination was discovered in 1997 at the Swedish site and the authorities were informed, although<br />

no requests for further actions have been made. The remediation of the site in Denmark is on-going.<br />

Based on the currently known conditions, <strong>Ardagh</strong> does not believe that any pending or likely<br />

remediation and compliance costs will have a material adverse effect on <strong>Ardagh</strong>’s business or results of<br />

operations.<br />

The European Union’s regulation concerning REACH places onerous obligations on the<br />

manufacturers and importers of substances, preparations and articles containing chemicals and may<br />

affect <strong>Ardagh</strong>’s ability, as a downstream user of certain chemicals, to continue to source those<br />

chemicals used in the manufacture of glass or may affect the price of such substances.<br />

A European Union Directive on packaging and packaging waste, which must be implemented in<br />

each Member State, regulates packaging, including glass containers, placed on the market in the<br />

European Union and requires that certain rates of recycling and recovery be achieved by<br />

manufacturers. The Directive sets out requirements regarding the composition and the reusable and<br />

recoverable nature of packaging and packaging waste. Some Member States have enacted legislation<br />

which imposes more onerous obligations in relation to packaging, including packaging taxes and<br />

mandatory deposit schemes. Member States are obliged to develop waste prevention programmes.<br />

Measures to strengthen Member State implementation of the requirements of the Directive can also be<br />

expected. European Union and national legislation sets out specific, onerous rules concerning waste<br />

management, including transport, recovery and disposal. <strong>Ardagh</strong> is required to comply with EU and<br />

national regulations that require a percentage of packaging and packaging wastes to be recovered and a<br />

designated percentage to be recycled, including contributing fees toward the costs of recycling and<br />

recovery activities.<br />

<strong>Ardagh</strong> is an enthusiastic supporter of glass recycling programmes as increased success in recycling<br />

normally increases the supply of cullet in the marketplace. Packaging used for food products must be<br />

safe for consumption and is subject to limitations on the extent to which packaging material<br />

components may migrate into packaged foods, which may become more stringent in the future. <strong>Ardagh</strong><br />

designs its food packaging products to satisfy European Union and individual Member State<br />

requirements.<br />

Sustainable Development<br />

<strong>Ardagh</strong> <strong>Glass</strong> is committed to reducing its environmental impact by investing in efficient processes<br />

and management systems.<br />

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