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Formal letter to Total stating non-compliance with Duty of Vigilance Law
Author: Seattle Avocats, Published on: 21 June 2019
"Formal notice to comply with the Duty of Vigilance Law – article L. 225-102-4.-I et II of the French commercial Code", 14 June 2019
[The] fifteen communities, each exposed to varying effects of climate change, and four associations... require [Total] to comply with legal obligations imposed on you as regards duty of vigilance and climate risk.... In March, 2018, your Group has published a first “vigilance plan” in its “2017 registration document”. However... the risks published did not mention the risks associated with climate change, resulting from the overall increase in greenhouse gas emission from your activities... [and] did not include any appropriate action to mitigate the risk and prevent serious harm from the climate change...on March 20, 2019, your company published a second ‘vigilance plan” integrated into the 2018 reference document, which now explicitly identifies climate change within its risk mapping section... the measures announced in your Vigilance Plan for your GHG emissions are well below the GHG emission reduction efforts required by your company to comply with the Paris Agreement... [Total] acknowledged on 6 November 2018 that your strategy "leads to a warming of between 2 and 2.5 ° C"2... In consequence, we address you a formal notice... by publishing a new “vigilance plan”, within three months from the receipt of the notification... The new plan must include:...
- An identification of the risk resulting from the GHG emissions generated by the use of goods and services that your group produces.
- An identification of the risks of serious harm as outlined in the last IPCC special report of October 2018.
- Adapted actions to ensure that your group is on a trajectory compatible with global warming...
Otherwise, we would be forced request the competent jurisdiction to order you, if necessary under periodic penalty payments, to bring you into compliance with the legal requirements.