I – The annual consultation on the economic and financial situation of the company also covers the company’s research and technological development policy, including the use of the tax credit for research expenditure.
II – With a view to this consultation, the employer makes available to the committee, under the conditions set out in the agreement mentioned in article L. 2312-21 or, in the absence of an agreement, in sub-paragraph 4:
1° Information on the activity and the economic and financial situation of the company as well as its prospects for the coming year. This information is made available to the administrative authority;
2° For all commercial companies, the documents required to be sent annually to the General Meeting of Shareholders or the General Meeting of Members, in particular the management report provided for inArticle L. 225-102-1 of the Commercial Code , which includes information relating to corporate social and environmental responsibility, the communications and copies sent to shareholders under the conditions provided for in Articles L. 225-100 to L. 225-102-2, L. 225-108 and L. 225-115 to L. 225-118 of the Commercial Code, and the statutory auditors’ report. The Board may summon the statutory auditors to provide explanations on the various items in the documents provided and on the company’s financial position;
3° For the commercial companies mentioned inarticle L. 232-2 of the Commercial Code and the economic interest groupings mentioned in article L. 251-13 of the same code, the documents drawn up pursuant to the same article L. 251-13 and articles L. 232-3 and L. 232-4 of the said code. These documents are deemed confidential, within the meaning of article L. 2315-3 of this code;
4° For undertakings which do not take the form of a commercial company, the accounting documents which they draw up;
5° Information relating to the company’s research and technological development policy.