I.-This article applies to entities subject to Article L. 533-22-1.
For the credit institutions and investment firms mentioned in Article L. 511-4-3, this article applies to portfolio management activities on behalf of third parties, as defined in Article L. 321-1. For their investment advice activity, the entities mentioned in this article shall apply the provisions relating to financial advisors, within the meaning of Regulation EU 2019/2088 of the European Parliament and of the Council of 27 November 2019 on the publication of sustainability information in the financial services sector.
II.-The information relating to environmental, social and quality of governance criteria, known as sustainability factors as defined in Article 2(24) of this regulation, mentioned in II of Article L. 533-22-1, is presented as follows:
1° The information is published with a distinction by asset class. The entity shall describe how this distinction has been made, according to a principle of proportionality applied to the nature of the financial instruments within the meaning of Title 1 of Book II of this Code and, for portfolio management, according to their respective volumes in the undertakings for collective investment concerned. The entity may make further distinctions by activities, investment portfolios, issuers, sectors or any other relevant distinction, in particular between listed and unlisted assets.
In particular, the entity may provide information for a set of products with similar characteristics.
For the activity of portfolio management on behalf of third parties, the information required to be disclosed under this Article may be disclosed on the basis of model portfolios drawn up by each credit institution.
The information described in the second and third paragraphs of 1° does not concern the information required under the above-mentioned regulation.
2° For each item of information required to be disclosed under this Article, the entity shall indicate, consistent with the delegated regulation under Article 4 of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019:
(a) The percentage share and the amount in euros of the outstanding amounts or the balance sheet ;
b) The scope of the entities and financial products to which the inclusion of environmental, social and governance criteria applies;
c) The proportion of estimated data and actual data, in relation to the total outstandings managed by the entity and, where applicable, in relation to the total outstandings of the financial product concerned;
d) Where a timetable is set, the date on which the commitments come into force;
e) Where a quantitative analysis is required, the methodologies and databases on which the analysis is based, specifying where appropriate whether the data is freely accessible, the name of the supplier of the methodologies or data, the risks of double counting and the measures taken to avoid it, at the level of the entity or the financial product.
III – The information relating to the environmental, social and governance criteria mentioned in II of Article L. 533-22-1 is as follows:
1° Information relating to the entity’s general approach:
a) Summary presentation of the entity’s general approach to taking account of environmental, social and governance criteria, in particular in its investment policy and strategy ;
b) Content, frequency and means used by the entity to inform subscribers, members, contributors, beneficiaries or customers about the criteria relating to the environmental, social and governance quality objectives taken into account in the investment policy and strategy;
c) List of financial products mentioned pursuant to Article 8 and Article 9 of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019, and the overall percentage share of assets under management taking into account environmental, social and governance quality criteria in the total amount of assets managed by the entity ;
d) Consideration of environmental, social and governance criteria in the decision-making process for the allocation of new management mandates by the entities referred to in Articles L. 310-1-1-3 and L. 385-7-2 of the Insurance Code;
e) Adherence by the entity, or by certain financial products, to a charter, a code, an initiative or a label on the consideration of environmental, social and governance quality criteria, as well as a brief description of these criteria, in accordance with d) of 2 of article 4 of the above-mentioned regulation.
2° Information relating to the internal resources deployed by the entity:
a) Description of the financial, human and technical resources dedicated to taking account of environmental, social and governance quality criteria in the investment strategy, in relation to the total assets managed or held by the entity. The description includes all or some of the following indicators: percentage of corresponding full-time equivalents; percentage and amount in euros of budgets devoted to environmental, social and governance data; amount of investment in research; use of external service providers and data suppliers;
b) Actions taken to strengthen the entity’s internal capacities. The description includes all or part of the information relating to training, the communication strategy, the development of financial products and services associated with these actions.
3° Information relating to the approach to taking account of environmental, social and governance quality criteria at the level of the entity’s governance:
a) Knowledge, skills and experience of the governance bodies, in particular the administrative, supervisory and management bodies, in taking decisions relating to the integration of environmental, social and governance quality criteria into the investment policy and strategy of the entity and any entities it controls. The information may relate in particular to the level of supervision and the associated process, the reporting of results, and competences;
b) Inclusion, in accordance with Article 5 of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019, in remuneration policies of information on how those policies are adapted to the integration of sustainability risks, including details of the criteria for linking the remuneration policy to performance indicators ;
c) Integration of environmental, social and governance criteria into the internal regulations of the entity’s board of directors or supervisory board.
4° Information on the strategy for engagement with issuers or management companies and its implementation:
a) Scope of companies covered by the engagement strategy ;
b) Presentation of the voting policy;
c) Report on the engagement strategy implemented, which may include the proportion of companies with which the entity has initiated a dialogue, the issues covered and the actions taken to monitor this strategy;
d) Report on the voting policy, in particular with regard to the tabling and voting at general meetings of resolutions on environmental, social and governance issues;
e) Decisions taken in terms of investment strategy, particularly in terms of sectoral disengagement.
If the entity publishes a specific report on its shareholder engagement policy, this information may be included with reference to this article.
5° Information relating to the European taxonomy and fossil fuels :
(a) Share of outstanding amounts relating to activities in compliance with the technical review criteria defined within the delegated acts relating to Articles 10 to 15 of Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to promote sustainable investment and amending Regulation (EU) 2019/2088, in accordance with the delegated act adopted pursuant to Article 8 of that Regulation ;
b) Share of exposure to companies active in the fossil fuel sector, within the meaning of the delegated act adopted pursuant to Article 4 of this Regulation.
6° Information on the strategy for alignment with the international objectives for limiting global warming set out in the above-mentioned Paris Agreement, in accordance with Article 4(2)(d) of the same Regulation:
The entity shall publish its strategy for alignment with the long-term objectives of Articles 2 and 4 of the Paris Agreement relating to the mitigation of greenhouse gas emissions and, where applicable, for financial products whose underlying investments are made entirely on French territory, its national low-carbon strategy referred to in Article L. 222-1 B of the Environment Code, which shall include :
a) A quantitative target for 2030, reviewed every five years until 2050. This target must be revised no later than five years before its expiry date. The target includes direct and indirect greenhouse gas emissions in absolute terms or in terms of intensity in relation to a reference scenario and a reference year. It may be expressed in terms of the implied temperature increase or the volume of greenhouse gas emissions;
b) Where the entity uses an internal methodology, information on the methodology used to assess the alignment of the investment strategy with the Paris Agreement or the national low-carbon strategy:
i) The general approach and methodology used, including whether it is a cumulative or ad hoc analysis;
ii) The level of coverage at portfolio level and between asset classes, and the aggregation method;
iii) The time horizon used for the valuation;
iv) The assumptions used for the estimated data, in particular in the energy-climate scenarios used, and the technological assumptions, in particular relating to negative emission technologies, as well as the name and year of publication of each scenario used;
v) The way in which the methodology adapts the selected energy-climate scenario to the portfolios analysed, including an analysis in weighted average carbon intensity, as well as in absolute and intensity values;
vi) An analysis of the quality of the methodologies and data, in particular the uncertainties identified and their level;
vii) The scope adopted by the methodology in terms of coverage of greenhouse gas emissions within the value chain, both for direct and indirect induced emissions, avoided emissions and negative emissions, explaining the estimated share of each category in the methodology, as well as the scope of emissions financed and, if there is a difference between the two scopes, a clear explanation of this difference;
viii) The method used to arrive at a forward-looking estimate, depending on the type of target chosen, including any extrapolations and regressions carried out;
ix) The level of temporal, sectoral and geographical granularity of the analysis;
x) If several scenarios are used, elements of comparison between them;
c) A quantification of the results using at least one indicator;
d) For entities managing index funds, information on the use of the Union’s “climate transition” and “Paris Agreement” benchmarks defined by Regulation (EU) 2019/2089 of the European Parliament and of the Council of 27 November 2019 ;
e) The role and use of valuation in the investment strategy, and in particular the complementarity between the valuation methodology used and other indicators of environmental, social and governance criteria used more widely in the investment strategy;
f) The changes made to the investment strategy in relation to the strategy of alignment with the Paris Agreement, and in particular the policies implemented with a view to phasing out coal and non-conventional hydrocarbons, specifying the timetable for doing so and the proportion of total assets managed or held by the entity covered by these policies;
g) Any actions taken to monitor results and any changes that have occurred;
h) The frequency of the valuation, the forecast dates for updating and the relevant factors for change used.
7° Information on the strategy for alignment with long-term biodiversity objectives:
The entity provides a strategy for alignment with long-term biodiversity objectives, specifying the scope of the value chain selected, which includes objectives set for 2030 and then every five years, on the following elements:
a) A measure of compliance with the objectives set out in the Convention on Biological Diversity adopted on 5 June 1992 ;
b) An analysis of the contribution to the reduction of the main pressures and impacts on biodiversity defined by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services;
c) Reference to the use of a biodiversity footprint indicator and, where applicable, the way in which this indicator makes it possible to measure compliance with international biodiversity targets.
8° Information on steps taken to take account of environmental, social and governance criteria in risk management:
Consistent with Article 3 of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019, the publication of information on the consideration of environmental, social and governance quality criteria in risk management includes, in particular, physical, transition and liability risks related to climate change and biodiversity and, in particular:
a) The process for identifying, assessing, prioritising and managing risks related to the consideration of environmental, social and governance quality criteria, how the risks are integrated into the entity’s conventional risk management framework, and how this process meets the recommendations of the European Supervisory Authorities of the European System of Financial Supervision ;
b) A description of the main environmental, social and governance quality risks taken into account and analysed, which includes, for each of these risks:
i) a characterisation of these risks, in particular whether they are current or emerging, exogenous or endogenous to the entity, their occurrence, their intensity, and the time horizon that characterises them ;
ii) A segmentation of these risks according to the following typology, as well as a descriptive analysis associated with each of the main risks, including the associated risk factors, such as public policies, market behaviour or technological developments:
-Physical risks, defined as exposure to the physical consequences of environmental factors, such as climate change or biodiversity loss;
-transition risks, defined as exposure to changes brought about by the ecological transition, in particular the environmental objectives defined in article 9 of the above-mentioned regulation;
-risks of litigation or liability linked to environmental factors;
iii) An indication of the economic sectors and geographical areas concerned by these risks, whether they are recurring or one-off, and their weighting, if any;
iv) An explanation of the criteria used to select the significant risks and the choice of their weighting, if any;
c) An indication of how often the risk management framework is reviewed;
d) An action plan to reduce the entity’s exposure to the principal environmental, social and governance risks taken into account;
e) a quantitative estimate of the financial impact of the main environmental, social and governance risks identified and the proportion of assets exposed, as well as the time horizon associated with these impacts, at the level of the entity and the assets concerned, including in particular the impact on the valuation of the portfolio. If a qualitative statement is published, the entity shall describe the difficulties encountered and the measures envisaged to assess the financial impact of these risks quantitatively;
f) An indication of changes in methodological choices and results.
8° bis-For the publication of the information mentioned in 8°, the entity shall ensure that the taking into account of environmental, social and governance quality criteria in risk management complies with the following methodological criteria, concerning :
a) The quality of the data used:
Mention of the use, as soon as possible, of methodologies based on prospective data, and an indication, where appropriate, of the relevance of using methodologies based on historical data;
b) Climate change risks:
-for physical and transition risks, a use of several scenarios, including at least one 1.5°C or 2°C scenario and at least one trend or disorderly transition scenario, taking into account the national climate contributions of the Parties to the United Nations Framework Convention on Climate Change: if the scenario is public, by giving its name; describing the main characteristics of the scenarios chosen where the information is not otherwise publicly available, in particular concerning the descriptive analysis referred to in b of 8°, the reference trajectory of the scenario, the scale and nature of the sectoral and macroscopic impacts, compatibility with a given climate objective and the main assumptions of the scenario on technologies and structural changes in the economy ; where appropriate, justifying the reasons why the entity uses individualised scenarios; and explaining how the scenarios used are adapted to the entity’s financial risk management modelling capabilities;
-for physical risks, a description of how the entity plans to include information specific to its counterparties on its exposure, sensitivity, adaptation and capacity to adapt in the value chain;
c) Biodiversity risks:
-a clear distinction between the main risks arising from the impacts caused by the investment strategy and the main risks arising from the dependence on biodiversity of the assets and activities in which the entity has invested. For each risk identified, the entity indicates the perimeter of the value chain used;
-an indication of whether the risk is specifically linked to the sector of activity or the geographical area of the underlying asset.
For credit institutions and investment firms mentioned in Article L. 511-4-3, the information mentioned in b to f of 8° and 8° bis shall apply to discretionary management activity, where possible.
9° In the event that the entity does not publish some of the information mentioned in 1° to 8° bis of III, it shall publish, where applicable, a continuous improvement plan that includes :
a) An identification of opportunities to improve the current strategy and corresponding concrete actions to improve the current situation ;
b) Information on strategic and operational changes introduced or to be introduced as a result of corrective actions;
c) For each of the two previous points, objectives with a timetable for implementation.
IV.-1° The information mentioned in II and 1° of III is published by all the entities mentioned in I.
The information mentioned in 2°, 3°, 4° and 5° of III is published by the entities mentioned in I with a balance sheet or outstandings of more than 500 million euros.
The information mentioned in 6°, 7°, 8°, 8° bis and 9° of III shall be published by the entities mentioned in I with a balance sheet or assets under management of more than 500 million euros and, where applicable, for each of the undertakings for collective investment and management mandates that they manage and whose assets under management exceed 500 million euros.
2° Entities may further aggregate the publication of the information provided for in II and III according to any relevant combination, at the level of the whole or part of a group, in compliance with the provisions of this IV.
V.-The information referred to in III shall be presented in an annual report produced by the entity, in accordance with the mandatory standardised format provided for by the delegated act pursuant to Article 4 of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019, enriching it where appropriate. The report shall be published within six months of the end of the financial year.
This report shall mention, where applicable, the information specific to controlled entities or financial products published in the periodic reports for financial products referred to in Article 11 of this Regulation.
It shall be published on a page of the entity’s website dedicated to environmental, social and governance quality information. in the same way as the information provided for in Article 4 of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 referred to above.
The entity shall send this report electronically to the Agence de l’environnement et de la maîtrise de l’énergie, which may use the data for statistical studies on the Climate Transparency Platform, and to the competent authorities in the format required by them.
Unless otherwise specified, this information is updated annually.