Code of Conduct Cémoi Group
Date of effect : 1st May 2022
FOREWORD OF THE PRESIDENT:
“Our Code of conduct guides us to put our values and commitments into practice, throughout the Group, and in everything we do.
It helps us to make informed choices, focused on our daily working environment and the challenges we face. It helps us navigate through areas and situations where responsible conduct and ethical decision-making are critically important.
Each of us is responsible for ensuring we understand CÉMOI policies and procedures, and for maintaining the high ethical standards in every aspect of our work.”
Alphonsus C.L.T. Walder, President
As a major player on the chocolate and confectionery market, our activity is intrinsically linked to people and natural resources. It goes without saying, therefore, that respect for human rights, fair pay for our employees and growers and the fight against deforestation are priorities for our Group.
This Code of conduct (“Code”) is the manifestation of our daily commitment that governs the management of our business. It applies to all our employees.
This Code reflects the values of the CÉMOI Group, which are:
We undertake to conduct our business in an ethically and socially responsible manner, in compliance with the applicable laws and regulations in the countries in which we operate. This Code represents our core values, principles and policies consistent with our commitments.
1. COMPLIANCE WITH LAWS AND REGULATIONS: A PRE-REQUISITE
Our Group is committed to act in agreement with international, national and local laws and regulations. In particular, we respect:
• the principles of the Universal Declaration of Human Rights of 10 December 1948,
• the Guiding Principles of the United Nations on business and human rights dated 16 June 2011,
• the fundamental conventions of the International Labour Organization1,
• articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU),
• American Antitrust laws (Sherman Act, the Clayton Act, the Federal Trade Commission Act and the
• the UK Bribery Act and ACSR (Global Anti-Corruption Sanctions Regulations).
We are members of the United Nations Global Compact, which unites companies that have made a voluntary commitment to comply with principles related to human rights, working standards, the environment and the fight against corruption.
2. PEOPLE: THE DRIVERS OF OUR BUSINESS
Our Group’s business is possible thanks to the people who participate in it every day. Our Group is therefore committed to implementing the necessary means to be an engaged, inclusive and exemplary employer.
Human rights, prohibition of child labour, forced labour and respect for freedom of association are our priorities.
Work must be performed willingly and employees must be treated with dignity and respect. We ensure that none of our employees are employed by force.
We ensure that the principles of non-discrimination and individual rights are respected and that initiatives taken contribute to eliminating any discrimination based on race, skin colour, gender, sexual orientation, disability, marital status, age, religion political opinions, nationality, ethnic belonging or social origin.
Moral or sexual harassment is strictly prohibited. We ensure that none of our employees are subjected to physical or psychological strain.
We ensure that employees are paid regularly and that the frequency and rate of salaries is clearly communicated at the start of the employment period.
Our employees work in compliance with applicable laws concerning working hours and holidays.
Conditions of employment and development are based on skills, merit and performance.
All our employees have access to a training plan.
We take care to inform our employees of the risks related to health and safety at work.
They work in safe and healthy conditions and sites, in compliance with applicable laws.
Our Group is constantly improving working conditions and safety. The objective is to reduce the frequency and severity of work-time accidents by aiming for “zero accidents”.
Convinced that our teams are the best ambassadors for our sustainable approach, we are also developing a strong internal CSR culture, in particular to promote sustainable innovation in our products.
Internationally, we contribute to creating direct jobs and economic activity through our partnerships with sub-contractors and suppliers. The 2015 opening of a chocolate factory in Abidjan in Côte d’Ivoire, which proposes a local offer while the majority of the cocoa produced is exported, also plays a direct role in this creation of value.
Lastly, in compliance with applicable regulations, in France we have put in place effective whistle-blowing procedures so that each employee can act as a whistleblower. Each employee in France is made aware of this procedure, which is duly disseminated on media accessible to the employees concerned. There is an equivalent system in all our Group subsidiaries in compliance with applicable national laws.
3. OUR TRADING PARTNERS SHARE OUR VALUES
Our trading partners comply with this Code, our manufacturing specifications, practices, methods, quality commitments, prices and delivery schedules.
Our trading partners undertake to comply with all applicable laws in the countries in which our products are sold.
Audits may be carried out to verify that this Code is followed by our trading partners. Violation of this Code will be sanctioned by the termination of our relationship with the defaulting partner.
Any unethical or illegal actions by a trading partner may harm our reputation and the trust we have in this partner.
4. THE ENVIRONMENT NOW AND TOMORROW
It is essential to respect the communities and the environment in which we work.
We incorporate sustainable development actions into every production step.
We encourage the conservation and protection of resources and energy.
By way of example, we are committed to removing PVC and mineral inks from our packaging. Eco-design issues are integrated and we are working to improve the recyclability of packaging to reach our target of 100% recyclable, reusable or compostable packaging in the medium term.
We rigorously comply with applicable local regulations and laws in terms of the environment.
We were one of the first signatories of the Cocoa and Forest initiative, a global partnership which brings together the governments of the largest coca-producing countries and the private sector within the framework of joint actions to address the challenges of climate change.
We also act as project manager for the CACAO AMI DES FORÊTS programme launched in partnership with the Coffee-Cocoa Council of Côte d’Ivoire, which aims to promote sustainable cocoa farming in countries reconciling the preservation of natural and forest resources and the improvement of the living conditions of cocoa farmers.
Through our channels, in particular in Ecuador, Dominican Republic, Peru and São Tomé, we have developed an organic fair trade cocoa channel with the Biopartenaire label (in line with the Fair For Life reference frame).
5. PREVENTING AND DETECTING CORRUPTION: A NON-NEGOTIABLE POINT
It is our duty to act at all times in the interest of our Group.
Therefore, we forbid all behaviour that may be defined as acts of corruption or influence peddling.
Corruption is when a person vested with a specific function (public or private) solicits or accepts a gift or advantage with a view to carrying out or refraining from carrying out an action within the scope of their functions.
Corruption may be active (action of the briber) or passive (action of the bribed), direct or indirect (with or without an intermediary); successful or not (the attempted act of corruption is punished in the same way as the act of corruption) or carried out with the help of someone (complicity in the offence of corruption is recognised).
Our employees do not accept any form of personal enrichment likely to compromise their ability to make objective business decisions in the name of the Group.
For example, they shall not not accept any donations or benefits (meals, gifts, gift vouchers, cash, trips, entertainment, sharing of confidential information, paid or unpaid job or work experience, etc.) in exchange for a partnership with a customer or supplier.
Confidential information, such as unpublished financial results and forecasts, the sales policy, acquisitions, mergers or changes in leadership are not used or disclosed by our employees for their personal purposes.
Any type of commitment or interest other than those that are related to our employee’s employment in a charitable or other non-profit or non-commercial organisation is subject to prior approval by our legal or human resources department.
The company’s resources, time or assets are used purely for business purposes and not for personal gain or other private business.
Influence peddling means paying the improper exercise of influence that a public official holds or may hold (outside the scope of their duties), over a third party, to obtain a favourable opinion or decision from this person. The initiative may come from the individual (active peddling) or from the influential person (passive peddling).
Personal relationships that influence or seem to unduly influence business decisions are prohibited.
For example, our employees undertake not to make donations to an elected representative in order to get them to mediate with the public authorities to obtain permits (sale or export of products) or certifications (products, sites).
Donations or contributions must be made in compliance with applicable laws and our employees undertake to comply with our strict gifts and invitations policy, of which they are informed as soon as they join our Group.
6. THE GUARANTEE OF FOOD COMPLIANCE THAT WE GIVE OUR CUSTOMERS IS ALSO THE SAFETY OF ALL OUR CONSUMERS
We guarantee our customers that our products comply with applicable food quality and safety standards.
The food guarantee aims to certify the absence of health risks and the quality of the food, in order to protect consumers’ health. To work towards greater food safety, we are committed to accurately monitoring quality indicators in order to constantly improve the performance of our processes and to implement corrective actions.
This commitment applies to our entire supply chain, from raw materials to the end product.
All of our processes are managed according to the HACCP (Hazard Analysis Critical Control Point) method, which aims to identify, assess and control food health hazards.
Further, the majority of our production sites and all of our logistics sites are certified according to the IFS (International Featured Standard). These certifications attest to the ability of our industrial sites to implement a quality management system to satisfy all food safety requirements and to improve its performance regularly.
To date, and ahead of the regulations, we have already removed certain controversial elements from our recipes, such as titanium dioxide, banned since 2020, removed from our recipes since 2018; azo dyes, trans fats, GMOs.
7. FULL RESPECT FOR COMPETITION TO MAINTAIN MARKET BALANCE
We are committed to respecting competition law to prevent any market imbalance governed mainly by European regulations and by American Antitrust laws or any applicable competition law in all states in which we operate.
Compliance with these rules means that the Group can freely act and make decisions on the economic scene, without interference from suppliers, customers or competitors. Any concerted practices or abuse of dominant position are legally and formally prohibited.
Our employees undertake not to enter into any agreement, written or oral, with competitors that would have a real or potential effect on the market.
Regardless of whether this agreement is:
• to limit or avoid competition,
• to co-ordinate business policies and strategies,
• share information on business policies and strategies.
8. DATA AND CONFIDENTIALITY: AN INSEPARABLE PAIR
We are responsible for protecting data, regardless of its source (employee, business partner, current or past) and therefore pay particular attention to this.
Our technical and legal security processes, as well as the monitoring of those of our partners that use data, guarantee protection and confidentiality in relation to third parties.
Identifiable data is collected, used and disclosed in compliance with applicable data protection legislation (and in particular personal data).
We respect the confidentiality and the intellectual property rights of our competitors.
1 Fundamental conventions of the ILO
1) Convention (No. 87) on the freedom of association and protection of the right to organise convention, 1948
2) Convention (No. 98) on the right to organise collective bargaining, 1949
3) Convention (No. 29) on forced labour, 1930
4) Convention (No. 105) on the abolition of forced labour, 1957
5) Convention (No. 138) on minimum age, 1973
6) Convention (No. 182) on the worst forms of child labour, 1999
7) Convention (No. 100) on equal remuneration, 1951
8) Convention (No. 111) on discrimination (employment and occupation), 1958