Transparency & Governance Report of the Supervisory Board 
The Supervisory Board delegated the resolutions on the terms of the financing of the APP Pharmaceuticals acquisition, especially the exercise of the Supervisory Board’s rights of consultation and approval with regard to the use of the approved capital pursuant to § 4 (5) of the Articles of Association (Approved Capital II), to the special “Transaction Financing APP Pharmaceuticals, Inc.” Committee set up for this purpose. This committee held several conference calls.
The chairmen of the committees reported regularly to the next Supervisory Board meeting on the work of the committees.
The Nomination Committee convened and deliberated on the Supervisory Board’s proposals to the General Meeting for the appointment of the Supervisory Board. The Nomination Committee held three meetings and several conference calls.
The Mediation Committee has ceased to exist as the German Co-determination Act (MitbestG), which provided for this committee, does not apply to Fresenius SE.
Information on the present composition of the committees can be found on pages 193 and 194 of this Annual Report.
PERSONNEL – NOMINATION OF THE MANAGEMENT BOARD AND SUPERVISORY BOARD
The mandates of all members of the Supervisory Board of Fresenius SE ended at the close of the Annual General Meeting of Fresenius SE on May 21, 2008. We wish to thank the members who left the Supervisory Board for their valuable work.
The Annual General Meeting elected the members of the Supervisory Board of Fresenius SE anew on May 21, 2008. The shareholder representatives on the Supervisory Board are Prof. Dr. h. c. Roland Berger, Dr. Gerd Krick, Klaus-Peter Müller, Dr. Gerhard Rupprecht, Dr. Dieter Schenk and Dr. Karl Schneider. The employee representatives on the Supervisory Board are Mr. Dario Ilossi, Mr. Konrad Kölbl, Mr.Wilhelm Sachs, Mr. Stefan Schubert, Mr. Rainer Stein and Mr. Niko Stumpfögger.
At its constitutive meeting on May 21, 2008 the Supervisory Board elected Dr. Gerd Krick as chairman of the Supervisory Board of Fresenius SE. Dr. Dieter Schenck, nominated by the shareholder representatives, and Mr. Niko Stumpfögger, nominated by the employee representatives, were elected as deputy chairmen of the Supervisory Board.
FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS
The accounting records, the financial statements prepared according to the German Commercial Code (HGB) and the Management Report of Fresenius SE for 2008 were audited by KPMG AG Wirtschaftsprüfungsgesellschaft (formerly KPMG Deutsche Treuhand-Gesellschaft Aktiengesellschaft Wirtschaftsprüfungsgesellschaft), Berlin. They were elected as auditors at Fresenius SE’s Annual General Meeting on May 21, 2008 and were subsequently commissioned by the Supervisory Board. The auditors issued their unqualified audit opinion for these statements. The same applies to the consolidated financial statements of Fresenius SE prepared according to IFRS accounting principles and to the consolidated financial statements of Fresenius SE prepared voluntarily according to US GAAP.
