Commercial Code

Article L225-102-1 of France's Commercial Code includes provisions on non-financial disclosure obligations for companies to which the Code applies. Companies that exceed certain thresholds set by the Council of State (in Article L 225-100), are required to produce a declaration of extra-financial performance in their management reports. Companies that are mentioned in article L. 233-16 are required to publish a consolidated statement of their extra-financial performance exceed certain thresholds, also set by decree in the Council of State. The declaration must include particular information relating to the impact of the company on climate change (as well as the company's social commitments on sustainable development, the circular economy, measures to reduce food waste and to reduce food insecurity, as well as other SDG and ESG linked measures). The information the company must provide relating to its climate change impacts must include direct and indirect greenhouse gas emissions linked to transport activities upstream and downstream of the company's activities (scope 3 emissions) and must be accompanied by an action plan aimed at reducing these emissions (in particular, through the use of rail and river-based transport methods, as well as biofuels with a low carbon footprint, and electromobility).