SD 1 tm2117766d1_sd.htm SD





Washington, D.C. 20549


Specialized Disclosure Report

Fresenius Medical Care AG & Co. KGaA

(Exact name of registrant as specified in its charter)


Germany   001-32749   Not applicable
(State or other jurisdiction   (Commission   (IRS Employer
of incorporation or
  File Number)   Identification No.)


Else-Kröner Strasse 1, Bad
Homburg, Germany
(Address of principal executive offices)   (Zip Code)


Josef Dinger, +49 6172 608 2522,

(Name and telephone number, including area code, of the person to contact in connection with this report.)


Check the appropriate box to indicate the rule pursuant to which this form is being filed, and provide the period to which the information in this form applies:


x Rule 13p-1 under the Securities Exchange Act (17 CFR 240.13p-1) for the reporting period from January 1 to December 31, 2020.









Company Overview


Fresenius Medical Care AG & Co. KGaA (“FMC-AG & Co. KGaA,” the “Company,” “we,” “us,” or “our”), is the world’s leading provider of products and services for individuals with renal diseases, based on publicly reported revenue and number of patients treated. We provide dialysis care and related services to persons who suffer from End-Stage Kidney Disease (“ESKD”), as well as other health care services. We also develop, manufacture and distribute a wide variety of health care products. Our health care products include hemodialysis machines, peritoneal dialysis cyclers, dialyzers, peritoneal dialysis solutions, hemodialysis concentrates, solutions and granulates, bloodlines, renal pharmaceuticals, systems for water treatment, acute cardiopulmonary and apheresis products. We supply dialysis clinics we own, operate or manage with a broad range of products and also sell dialysis products to other dialysis service providers. Our other health care services include value and risk-based arrangements, pharmacy services, vascular, cardiovascular and endovascular specialty services as well as ambulatory surgery center services, physician nephrology and cardiology services and ambulant treatment services.


Overview of Fresenius’s Responsible Minerals Sourcing Program


In connection with its reporting under Securities and Exchange Commission (“SEC”) Rule 13p-1, the Final Rule on Conflict Minerals (“CM”) and in anticipation of Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (“the EU regulation”), the Company designed a program (“Responsible Minerals Sourcing Program”, “the RMS Program”, “the Program”), to capture the required data within our supply chain for analysis and disclosure. The Program also includes feedback and communication functions to ensure that the Responsible Minerals Sourcing Program enhanced our knowledge of the suppliers to ensure that we are continually evaluating the compatibility of their business practices with our established practices. The CM Program is continuously upgraded to conform in all material respects to the Organization for Economic Co-operation and Development (“OECD”) Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, 3rd Edition and related Supplements on Tin, Tantalum and Tungsten and on Gold (“OECD Guidance”). The OECD Guidance contains the following five-step framework:


1.Establish strong company management systems
2.Identify and assess risks in our supply chain
3.Design and implement a strategy to respond to identified risks
4.Support the development and implementation of independent third-party audits of smelters’ and refiners’ sourcing
5.Report on supply chain due diligence


Conflict Minerals Policy


Our CM Policy governs the sourcing of raw materials identified from areas of the world which have been identified as “Covered Countries” (as defined in Item 1.01 below) by the Conflict Minerals Rule. The Company also sources components, or other materials, that may potentially contain an identified Conflict Mineral. Our CM Policy is publicly available at:





Description of Supply Chain


We operate production facilities worldwide to meet the demand for our dialysis products. We have invested significantly in developing proprietary processes, technologies and manufacturing equipment which we believe provide a competitive advantage in manufacturing our products, while our strategically located production and distribution centers help to reduce transport costs.


Our Global Manufacturing, Quality & Suppls (“GMQS”) division manages all of our activities in purchasing of raw materials and semi-finished goods used in manufacturing activities, production (including quality management) and distribution in North America. This centralized approach enables us to:


·continuously enhance the efficiency of our processes,
·optimize cost structures,
·improve returns on our capital invested in manufacturing,
·respond more flexibly, and
·fulfill our commitment to meeting high quality and safety standards


Our procurement policy combines worldwide sourcing of high-quality materials with the establishment of long-term supplier relationships. Additionally, we carefully assess the reliability of all materials purchased to ensure that they comply with the rigorous quality and safety standards required for our dialysis products. We outsource only if we have confirmed that a supplier can meet or exceed our internal standards. An interactive information system connects all our global procurement activities to ensure standardized processes and constant monitoring of our projects.


We focus on further optimizing procurement logistics and reducing total purchasing costs. Supplemental raw material contracts for all manufacturers of semi-finished goods will enable us to improve purchasing terms for our complete network. However, as we are an original equipment manufacturer that assembles and manufactures components and sub-components into finished products, we are largely removed from the processing facilities in our supply chain with regards to conflict minerals and we must rely on the information provided by our suppliers through various due diligence processes.


Section 1 - Conflict Minerals Disclosure


Item 1.01 Conflict Minerals Disclosure and Report, Exhibit


Reasonable Country of Origin Inquiry Conclusion:


The Company performed due diligence to determine the source and chain of custody of the subject minerals necessary to the production or functionality of certain of its products. However, for the reporting period from January 1 to December 31, 2020, the Company determined in good faith that it was unable to definitively ascertain whether the conflict minerals, necessary for the functionality or production of the relevant products manufactured or contracted to manufacture by the Company, financed or benefitted armed groups in the Democratic Republic of the Congo (“DRC”) or in the countries having an internationally recognized border with the DRC, including Angola, Burundi, Central African Republic, Republic of the Congo, Rwanda, South Sudan, Tanzania, Uganda, and Zambia (together the “Covered Countries”).


Description of Reasonable Country of Origin Inquiry


Our Reasonable Country of Origin Inquiry (“RCOI”) was conducted, in good faith, through the collection of conflict minerals data from suppliers that we determined to be at-risk for potentially containing the identified minerals in the products that they provided to us during 2020. These products are enumerated in the Conflict Minerals Report filed as Exhibit 1.01 to this Form SD. Moreover, our RCOI was developed based upon industry best practices in collaboration with a third-party consultant (iPoint, Inc.).





Our RCOI conflict minerals data collection process includes, but is not limited to, the following:


1.Develop and distribute free, educational material and training to relevant suppliers
2.Initiate survey campaign from relevant suppliers utilizing the cross-industry Conflict Minerals Reporting Template (“CMRT”), developed by the Responsible Minerals Initiative (“RMI”), as well as the iPoint Conflict Minerals Platform (“iPCMP”)
3.Compare conflict minerals data received from relevant suppliers to Country of Origin (“CoO”) information available to us via our membership to the RMI


A copy of our Conflict Minerals Report is filed as Exhibit 1.01 hereto and is publicly available at


Item 1.02 Exhibits


Section 2 — Exhibits


Item 2.01 Exhibits


The following exhibit is filed as part of this report.


Exhibit 1.01 — Conflict Minerals Report as required by Items 1.01 and 1.02 of this Form.




Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the duly authorized undersigned.


FRESENIUS MEDICAL CARE AG & CO. KGaA, a partnership limited by shares, represented by: May 28, 2021


its general partner  
By: /s/ Helen Giza  
Name: Helen Giza  
Title   Chief Financial Officer and Member of the Management Board of the General Partner  


By: /s/ Kent Wanzek  


Kent Wanzek

Title   Chief Executive Officer of Global Manufacturing, Quality & Supply and Member of the Management Board of the General Partner