In the course of its operations, particularly in the nuclear field, EDF and its subsidiaries carry out a range of operations to meet their own needs or the needs of third parties, requiring the use of goods and technologies including dual-use goods and technologies (“DUG”), i.e. civil and military, that can expose it to certain risks inherent in specific French, European and/or foreign regulations, some of which have extraterritorial scope, and can require the issuing by the competent authorities of a license/authorisation prior to any transfer, export, re-export, brokerage, and/or transit of such goods and technologies. Some regulations, particularly in the United States, have introduced restrictions on access to goods and technologies applicable to foreign entities that may affect both DUGs and any other commercial goods.
In addition, the Group, or some of its partners, may be exposed, directly or indirectly, to sanctions programmes, in particular (i) international sanctions adopted by the United Nations Security Council, (ii) sanctions adopted by regional organisations such as the European Union, and (iii) sanctions adopted unilaterally by certain States, some of which have extraterritorial scope.
A Group Export Control and International Sanctions Department was set up in August 2019 to strengthen the Group’s ability to comply with these regulations. A memorandum of instructions describing the compliance procedures to be implemented was adopted by the Executive Committee on 4 May 2020.
EDF’s vigilance policy is implemented through a “Duty of Care” (DoC) scheme set out in the Group Ethics and Compliance Policy. It must be rolled out by executives within their entities and involves, in practice, the production, publication and implementation of a vigilance plan, in accordance with Law no. 2017-399 of 27 March 2017 relating to the duty of care of parent companies and ordering companies.
A Group DoC Compliance Officer, reporting directly to the Group General Counsel, is responsible for supervising and coordinating this policy, in particular the production of the vigilance plan based on feedback from the entities, in liaison with the Sustainable Development Department, the Ethics and Compliance Department, theLegal Department, the Purchasing Department, the Human Resources Department and the Risk Department. A DoC Officer, appointed at each Group entity, is tasked to implement the entity’s DoC scheme and report back on its effective implementation. The Group DoC Compliance Officer coordinates the network of local DoC Officers (see section 3.6 “Vigilance plan”).
A mandatory self-assessment form on this theme has been added to the internal control guide.
One of the EDF group’s fundamental goals is to endeavour to respect and ensure respect for human rights in all its activities and wherever it operates.
In March 2021, EDF drew up a set of guidelines listing the commitments of theGroup (EDF SA and its controlled subsidiaries(1)) and the fundamental requirements for its business relationships in terms of human rights and fundamental freedoms, environmental protection, protection of personal health and safety and business ethics.
In the guidelines, the Group notes and summarises its commitments in terms of compliance with international standards, the rights of its staff and the rights of local communities in particular.
The EDF group does not tolerate any infringement of human rights or fundamental freedoms in its operations or in those of its business relationships for operations related to the relationship. EDF strives to comply, as a minimum level, with the international standards protecting and defending human rights and fundamental freedoms, including the United Nations International Bill of Human Rights and the fundamental conventions of the International Labour Organization (ILO).
If the laws of a country where it operates conflict with these international standards,EDF endeavours to find a solution to allow it to comply with both the spirit of the international standards and national laws.
To ensure that human rights and fundamental freedoms are respected in its operations, EDF has implemented a vigilance approach to identify, assess and prevent any potential infringement of human rights or fundamental freedoms. The vigilance approach has been designed to comply with the French law on the duty of care and is based on the recommendations of the UN Guiding Principles on Business and Human Rights.
The EDF group pays special attention to the impact of its operations on individuals recognised as vulnerable under international human rights law and investigates, incomplete transparency, impartiality and good faith, any alleged infringements of human rights or fundamental freedoms connected to the operations of the Group’s entities, providers and subcontractors.
If an infringement of human rights or fundamental freedoms is proven in the operations of the Group’s entities or suppliers or subcontractors, EDF has agreed to engage in dialogue with the victims and/or their representatives to address the situation.
The EDF group is committed to the human rights and fundamental freedoms of its staff and complies, as a minimum, with the provisions of the standards published by the International Labour Organization (ILO).
In terms of the prevention of discrimination, the EDF group guarantees equal treatment for its employees and is against any form of distinction, exclusion or preference, whether based on presumed race, skin color, sex, age, religion, political beliefs, national origin, social origin, disability, family status, sexual orientation or gender identity. In the countries where it operates and for its own operations, the EDF group actively promotes equality in the workplace and equal treatment for equal work for the women and men working for the Group and strives to achieve balanced work teams at all levels of the Company. Diversity is encouraged at all staffing levels and employees must be protected from all forms of discrimination or retaliation.
The EDF group does not tolerate any form of harassment or violence, whether within or outside the workplace, relating to the working relationships established in the workplace. The Group is committed to preventing and protecting its employees from all forms of harassment, sexism and violence in the workplace.
The EDF group is against all types of forced labour, as defined in the ILO fundamental conventions. In particular, for the projects and operations implemented by the Group, it ensures that all employees have given their free, informed consent for the performance of all their duties. In particular, the EDF group ensures that its intermediaries and recruitment agencies do not use any practices that could result in forced labour. The Group is committed to protecting the free movement of worker sand, in particular, will not confiscate the travel documents, identity papers or any other personal belongings of workers in any circumstances whatsoever.
The EDF group is against all types of child labour, as defined in the ILO fundamental conventions. The Group commits to not employ anyone under the age of 15 (subject to the exceptions set out in ILO Convention 138) or anyone under the age of 18 years for work considered dangerous as provided for in the ILO convention.
The EDF group respects an individual’s right to freedom of association and the right to collective bargaining as defined by the ILO. The Group recognises that all employees are free to form and/or join the workers’ organisation of their choice and will not interfere with that right. The EDF group will not tolerate any intimidation, harassment, sanction or discrimination against an employee due to union activities and does not discourage employees from joining the organisations of their choice.The Group respects the right to collective bargaining and the role of workers’ organisations in the collective bargaining process.
(1) With the exception of RTE, transmission network operator, and Enedis, subsidiaries independently managed within the meaning of the Energy Code.
