Notes to the consolidated financial statements

23. Provisions

The table below specifies the changes in total provisions (current and non-current):

€ million Self- insurance program Loyalty programs Claims and legal disputes Restructuring Onerous contracts Other Total
As of December 30, 2007              
Current portion 110 10 23 44 7 2 196
Non-current portion 275 46 16 18 15 38 408
Carrying amount 385 56 39 62 22 40 604
Year ended December 28, 2008              
Additions charged to income 107 23 6 12 27 12 187
Used during the year (99) (16) (19) (25) (10) (10) (179)
Released to income (14) (3) (5) (2) (3) (27)
Interest accretion 8 3 2 2 1 16
Classified as held for sale or sold (3) (1) (5) (4) (13)
Exchange rate differences 20 (2) 2 3 1 24
Closing carrying amount 418 52 20 48 37 37 612

As of December 28, 2008
             
Current portion 126 12 9 16 4 3 170
Non-current portion 292 40 11 32 33 34 442

Maturities of total provisions as of December 28, 2008 are as follows:

€ million Self- insurance program Loyalty programs Claims and legal disputes Restructuring Onerous contracts Other Total
Amount due within one year 126 12 9 16 4 3 170
Amount due between two and five years 234 40 11 18 30 5 338
Amount due after five years 58 14 3 29 104
Total 418 52 20 48 37 37 612

Self-insurance program

Ahold is self-insured for certain potential losses, mainly relating to general liability, commercial vehicle liability and workers’ compensation relating to its U.S. subsidiaries. The maximum self-insurance retention per occurrence, including defense costs, is USD 2 million (EUR 1 million) for general liability, USD 5 million (EUR 4 million) for commercial vehicle liability and USD 5 million (EUR 4 million) for workers’ compensation.

Measurement of the provision for the self-insurance program requires significant estimates. These estimates and assumptions include an estimate of claims incurred but not yet reported, historical loss experience, projected loss development factors, estimated changes in claims reporting patterns, claim settlement patterns, judicial decisions and legislation.

Loyalty programs

This provision relates to a third-party customer loyalty program in the Netherlands, which reflects the estimated cost of benefits to which customers are entitled when they participate in the loyalty program.

Claims and legal disputes

The Company is party to a number of legal proceedings arising out of business operations. Such legal proceedings are subject to inherent uncertainties. Management, supported by internal and external legal counsels, where appropriate, determines whether it is more likely than not that an outflow of resources will be required to settle an obligation. If this is the case, the best estimate of the outflow of resources is recognized.

Restructuring

In 2008, Ahold recognized additional restructuring provisions of EUR 12 million, mainly related to Stop & Shop/Giant-Landover (EUR 11 million) and Giant-Carlisle (EUR 1 million). The provisions are based on formal and approved plans using the best information available at the time. The amounts that are ultimately incurred may change as the plans are executed. 

Onerous contracts

Onerous contract provisions mainly relate to unfavorable lease contracts and include the excess of the unavoidable costs of meeting the obligations under the contracts over the benefits expected to be received under such contracts. In 2008, Ahold recognized additional provisions of EUR 27 million, mainly related to the lease termination of an office building used by Ahold USA’s IT organization (EUR 22 million).

Other

Other provisions include asset retirement obligations, provisions for environmental risks and supplemental and severance payments, other than those resulting from restructurings.