Commission Decision of 5 April 2011 on the measures C 11/09 (ex NN 53b/08, NN 2/10 and N 19/10) implemented by the Dutch State for ABN AMRO Group NV (created following the merger between Fortis Bank Nederland and ABN AMRO N) (notified under document C(2011) 2114) (Only the English text is authentic) (Text with EEA relevance) (2011/823/EU)

Article 5 U.K.

1. ABN AMRO Group shall not acquire control of more than [0 - 7] % of any undertaking.

2. By derogation from paragraph 1, ABN AMRO Group may make acquisitions if the total gross cumulative purchase price (excluding the assumption or transfer of debt in relation to such acquisitions) paid by ABN AMRO Group for all such acquisitions during a period of 3 years following the date of this Decision is less than EUR [0 - 600] million.

The prohibition laid down in paragraph 1 shall not apply to private equity acquisitions by ABN AMRO Group if they fit within its business plan and the planned budget of its ‘Private Equity’ division as submitted to the Commission on 5 October 2010.

The prohibition laid down in paragraph 1 shall also not apply to […] equity stakes taken by ABN AMRO Group’s division ‘Energy, Commodities and Transportation’ in support of its normal financing business if they fit within ABN AMRO Group’s business plan and the planned budget of that division as submitted to the Commission on 10 January 2010.

ABN AMRO Group shall report to the Commission on a quarterly basis and at the latest within 2 weeks after the publication of its quarterly financial results. That report shall list actual acquisitions by the ‘Private Equity’ and ‘Energy, Commodities and Transportation’ divisions. The report shall also provide detailed information on ABN AMRO Group’s other acquisitions which it is allowed to make on the basis of the first subparagraph.

3. The prohibition laid down in paragraph 1 shall apply for at least 3 years as from the date of this Decision or until the date on which the Netherlands’ shareholding stake in ABN AMRO Group falls below 50 %, whichever is later. That prohibition shall cease to apply at the latest 5 years as from the date of this Decision.

In the event that the prohibition laid down in paragraph 1 applies for more than 3 years as from the date of this Decision, the total gross cumulative purchase price applicable under subparagraph 1 of paragraph 2 shall be increased by EUR [0 - 200] million per year.