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 3 U.K.

1. In the absence of the Commission’s prior authorisation, ABN AMRO Group shall not rank first with respect to standardised retail savings and deposit products for retail customers among the […] financial institutions having the largest market share in volume on the Dutch retail savings market in any of the following segments:

• savings accounts;

• fixed term deposits with a period of 1 year;

• fixed term deposits with a period of 2 years;

• fixed term deposits with a period of 3 years;

• fixed term deposits with a period of 4 years; and

• fixed term deposits with a period of 5 years.

Notwithstanding the first subparagraph, where three financial institutions jointly rank first among the […] financial institutions having the largest market share in a segment of the Dutch retail savings and deposit market, ABN AMRO Group may match the rate of those three financial institutions with respect to standardised products in the corresponding segment.

2. In the absence of the Commission’s prior authorisation, ABN AMRO Group shall not rank first with respect to any standardised type of mortgage among the […] financial institutions having the largest market share on the Dutch retail mortgage market.

Notwithstanding the first subparagraph, where three financial institutions jointly rank first among the […] financial institutions having the largest market share in the Dutch retail mortgage market, ABN AMRO Group may match the rate of those three financial institutions with respect to the corresponding standardised type of mortgage.

3. To ensure compliance with paragraphs 1 and 2, ABN AMRO Group shall on a permanent basis, and at least every week, monitor the conditions offered by the […] other financial institutions having the largest market share in volume on the respective Dutch savings markets, to the extent these conditions are available in the public domain. If the figures of any of those […] other financial institutions are not publicly available, they will be replaced by the figures of next largest financial institutions from the market share ranking.

As soon as ABN AMRO Group detects that it offers a more favourable price for any of its products than that price which it is allowed to offer on the basis of paragraph 1 and paragraph 2 of this article ABN AMRO Group shall immediately inform the Commission. It shall immediately adjust the products price and implement the price adjustment as soon as possible’.

With respect to retail savings and deposit products, ABN AMRO Group shall implement the adjustment no later than ten working days from the date on which it noticed the condition variation. However, if the variation concerns products for which the price can only be amended at the end of a month and there are less than ten working days between the time when the variation was noticed and the end of a month, ABN AMRO Group shall implement the adjustment at the first opportunity from the end of the subsequent month.

With respect to mortgages, ABN AMRO Group shall adjust its pricing within ten working days from the date on which it noticed the condition variation and the adjustment shall be implemented no later than fifteen working days from the date on which the variation from the condition was noticed.

4. The condition as laid down in paragraphs 1 and 2 shall apply for 3 years as from the date of this Decision. ABN AMRO Group shall submit to the Commission a compliance report with this condition on a quarterly basis and at the latest within 2 weeks of publication of ABN AMRO Group’s quarterly financial results.