Rapport 29 de la Loi Energie Climat : l’AMF actualise sa doctrine afin de prévoir les modalités d’élaboration et de transmission

Following the approval of changes to its general regulations (see eventid=20993), the AMF has updated its doctrine, aiming to clarify the procedures for the preparation and submission of reports required under Article 29 of the Energy-Climate Law (LEC 29) ISPs, including asset management companies, have to follow when preparing and submitting the LEC 29 report.
The LEC 29 report is mandated by Decree 2021-663, also known as „Decree LEC 29“, which builds upon the French regulatory framework and complements provisions of the SFDR. This report aims to enhance transparency among market participants regarding their non-financial practices, specifically in relation to climate and biodiversity risks.
Market participants are required to publish the LEC 29 report annually, following the standardized format outlined in Article 4 of the Delegated Regulation of the SFDR.
The LEC 29 report must be submitted to ADEME and the AMF by ISPs, including asset management companies, no later than six months after the end of the financial year.
To facilitate the preparation and submission of the LEC 29 report, the AMF has amended instructions DOC-2008-03 and DOC-2014-01. Starting from 2023, for the LEC 29 report (concerning the 2022 financial year), ISPs and asset management companies must utilize the template available on the ROSA extranet. This report should be sent to ADEME, and the submission will be considered as filing with the AMF.
There are three different templates provided based on the size and disclosure requirements of market participants:
1. Market participants with a balance sheet total or AUM of less than €500 million.
2. Market participants with a balance sheet total or an AUM of more than €500 million, who do not disclose PAI indicators under the Delegated Regulation of the SFDR.
3. Market participants with more than €500 million in balance sheet or AUM who disclose PAI indicators under the SFDR on a voluntary or mandatory basis.
Additionally, these entities must furnish the AMF with the quantitative data from the LEC 29 reports and the PAI indicators to be published under Article 4 of the Delegated Regulation of the SFDR. All information should be filed on the ROSA extranet using a dedicated questionnaire.
To assist professionals in understanding the changes, the two modified instructions are published with tracked changes:
AMF Instruction DOC-2008-03 – Tracked changes (in French only)
AMF Instruction DOC-2014-01 – Tracked changes (in French only)