4.6 Report of the independent third party on the consolidated Non-Financial Information Statement included in the management report
In our capacity as independent third party, accredited by Cofrac under number 3-1058 (scope of accreditation available at www.cofrac.fr), and member of network of the Mazars, one of the Company’s Statutory Auditors, we hereby report to you on the consolidated Non-Financial Information Statement for the year ended December 31, 2020 (hereinafter the “Statement”), included in the management report pursuant to the legal and regulatory provisions of Articles L. 225-102-1, R. 225-105 and R. 225-105-1 of the French Commercial Code.
The General Management is responsible for preparing the Statement in compliance with the legal and regulatory provisions, including a presentation of the business model, a description of the principal non-financial risks, a presentation of the policies implemented considering those risks, and the outcomes of said policies, including key performance indicators.
The Statement has been prepared in accordance with the Company's procedures (hereinafter the “Guidelines”), the main elements of which are presented in the Statement (or on request from the Company's headquarters).
Our independence is defined by the requirements of Article L. 822-11-3 of the French Commercial Code and the French Code of Ethics (Code de déontologie) of our profession. In addition, we have implemented a system of quality control including documented policies and procedures regarding compliance with applicable legal and regulatory requirements, the ethical requirements and French professional guidance.
On the basis of our work, our responsibility is to provide a report expressing a limited assurance conclusion on:
|•||the compliance of the Statement with the requirements of Article R. 225-105 of the French Commercial Code;|
|•||the fairness of the information provided in accordance with Article R. 225-105 No. 3 of I and II of the French Commercial Code, i.e. the results, including key performance indicators, and the measures implemented considering the principal risks (hereinafter the “Information”).|
However, it is not our responsibility to comment on the Company’s compliance with other applicable legal and regulatory requirements, in particular concerning the vigilance plan and anti-corruption and tax evasion legislation nor on the compliance of products and services with the applicable regulations.
Our work described below was carried out in accordance with the provisions of Articles A. 225-1 et seq. of the French Commercial Code, the professional doctrine of the National Institute of Statutory Auditors relating to this intervention and the international standard ISAE 3000(1):
|•||we obtained an understanding of all the consolidated entities’ activities and the description of the principal risks;|
|•||we assessed the suitability of the criteria of the Guidelines with respect to their relevance, completeness, reliability, neutrality and understandability, with due consideration of industry best practices, where appropriate;|
|•||we verified that the Statement includes each category of social and environmental information set out in Article L. 225-102-1 III as well as information regarding compliance with anti-corruption and tax evasion legislation;|
|•||we verified that the Statement provides the information required under Article R. 225-105 II of the French Commercial Code, where relevant with respect to the principal risks, and includes, where applicable, an explanation for the absence of the information required under Article L. 225-102-1 III, paragraph 2;|
|•||we verified that the Statement presents the business model and a description of principal risks associated with the entity’s activity all the consolidated entities’ activities, including where relevant and proportionate, the risks associated with their business relationships, their products or services, as well as their policies, measures and the results thereof, including key performance indicators associated to the principal risks;|
|•||we referred to documentary sources and conducted interviews to:|
|•||assess the process used to identify and confirm the principal risks as well as the consistency of the results, including the key performance indicators used, with respect to the principal risks and the policies presented, and|
|•||corroborate the qualitative information (actions and results) that we considered the most important presented in the Appendix. Concerning risks of climate change, our work was carried out on the consolidating entity, for the others risks, our work was carried out on the consolidating entity and on a selection of entities(2);|
|•||we verified that the Statement covers the scope of consolidation, i.e. all the consolidated entities in accordance with Article L. 233-16 of the French Commercial Code within the limitations set out in the Statement;|
|•||we obtained an understanding of internal control and risk management procedures the entity has put in place and assessed the data collection process to ensure the completeness and fairness of the Information;|
|•||for the key performance indicators and other quantitative results that we considered to be the most important, presented in the Appendix, we implemented:|
|•||analytical procedures to verify the proper consolidation of the data collected and the consistency of any changes in those data,|
|•||tests of details, using sampling techniques, in order to verify the proper application of the definitions and procedures and reconcile the data with the supporting documents. This work was carried out on a selection of contributing entities and covers between 22% and 100% of the consolidated data selected for these tests;|
|•||we assessed the overall consistency of the Statement based on our knowledge of all the consolidated entities.|
We believe that the work carried out, based on our professional judgement, is sufficient to provide a basis for our limited assurance conclusion; a higher level of assurance would have required us to carry out more extensive procedures.
Our work was carried out by a team of five people between December 2020 and April 2021 and took a total of six weeks.
We conducted a dozen interviews with people responsible for preparing the Statement, representing in particular the CSR & Compliance Department.
|(1)||ISAE 3000 - Assurance engagements other than audits or reviews of historical financial information.|
|(2)||Rubis Énergie/Vitogaz Switzerland - social and ethical information; Rubis Énergie/SRPP - social and ethical information; Rubis Énergie/SARA - social, environmental and ethical information; Rubis Energy Kenya - social and ethical information; Rubis Terminal JV/Rotterdam - social, environmental and ethical information; Rubis Terminal JV/Rouen - environmental and ethical information.|
Based on the procedures performed, nothing has come to our attention that causes us to believe that the consolidated Non-Financial Information Statement is not presented in accordance with the applicable regulatory requirements and that the Information, taken as a whole, is not presented fairly in accordance with the Guidelines, in all material respects.
Without calling into question the conclusion expressed above and in accordance with the provisions of Article A. 225-3 of the French Commercial Code, we make the following comment:
|•||the hazardous waste and the consolidated VOC emissions of the Rubis Terminal JV are published with a one-year lag: the published values correspond to the fiscal year 2019, for all the French sites, Antwerp, Rotterdam and by Dörtyol (Turkey).|
|•||Total workforce at the end of the period, breakdown by gender|
|•||Number of training hours, including security-related training|
|•||Occupational accident frequency rate|
|•||Number of occupational illnesses|
|•||CO2 emissions of industrial activities|
|•||CO2 emissions of products sold (centrally)|
|•||Implementation of the anti-corruption program|