French Commercial code
In forceI. - A declaration of extra-financial performance is inserted in the management report provided for in the second paragraph of Article L. 225-100, when the balance sheet total or turnover and the number of employees exceed thresholds set by decree in the Conseil d'Etat.
II. - The companies referred to in I which draw up consolidated accounts in accordance with article L. 233-16 are required to publish a consolidated statement of non-financial performance when the total balance sheet or turnover and the number of employees of all the companies included in the scope of consolidation exceed the thresholds mentioned in I.
III. - To the extent necessary for an understanding of the company's situation, the development of its business, its economic and financial results and the impact of its activity, the declaration mentioned in I and II shall present information on the way in which the company takes into account the social and environmental consequences of its activity. The statement may refer, where appropriate, to the information mentioned in the vigilance plan provided for in I of Article L. 225-102-4.
In particular, the statement includes information on the consequences for climate change of the company's activity and the use of the goods and services it produces, its societal commitments to sustainable development, the circular economy, the fight against food waste, the fight against food insecurity, respect for animal welfare and responsible, fair and sustainable food, collective agreements concluded within the company and their impact on the company's economic performance and on employees' working conditions, actions aimed at combating discrimination and promoting diversity, actions aimed at promoting the link between the nation and the armed forces and supporting commitment in the reserves, actions aimed at promoting physical and sporting activities and measures taken in favour of disabled people. The information relating to the consequences on climate change mentioned in the first sentence of this paragraph shall include the direct and indirect greenhouse gas emission items linked to transport activities upstream and downstream of the activity and shall be accompanied by an action plan aimed at reducing these emissions, in particular through the use of rail and river modes as well as biofuels with a virtuous energy and carbon balance and electromobility.
When the company draws up a consolidated statement of non-financial performance in accordance with II, this information relates to all the companies included in the scope of consolidation in accordance with Article L. 233-16.
This information shall be the subject of a publication that is freely accessible on the company's website.
A decree in the Conseil d'Etat shall specify the procedures for the presentation and publication of this information, depending on whether the company falls within the scope of I of this article or I of Article L. 22-10-36.
IV. - The companies defined in I or II and in article L. 22-10-36 which are controlled by a company which includes them in its consolidated accounts in accordance with article L. 233-16 are not required to publish a statement on non-financial performance if the company that controls them is established in France and publishes a consolidated statement on non-financial performance in accordance with II of this article or if the company that controls them is established in another Member State of the European Union and publishes such a statement pursuant to the legislation to which it is subject.
V. - For companies whose balance sheet total or turnover and number of employees exceed thresholds set by decree in the Conseil d'Etat, where applicable on a consolidated basis, the information contained in the declarations referred to in I and II shall be verified by an independent third-party body, in accordance with procedures set by decree in the Conseil d'Etat. This verification gives rise to an opinion which is sent to the shareholders at the same time as the report mentioned in the second paragraph of article L. 225-100.
VI. - Companies which comply with the obligation set out in this article are deemed to have complied with the obligation set out in 2° of I of Article L. 225-100-1, as regards non-financial performance indicators.
Where the report provided for in the second paragraph of Article L. 225-100 does not include the statement provided for in I or II of this Article, any interested party may ask the president of the court ruling in summary proceedings to order the Board of Directors or the Management Board, as the case may be, to provide the information referred to in III or in Article L. 22-10-36, subject to a fine where appropriate. Where the request is granted, the penalty payment and the costs of the proceedings shall be borne, individually or jointly as the case may be, by the directors or the members of the Management Board.
