Ethics charter

Charter for the prevention of anti-competitive behaviour

As a reminder :

1. Status and mission of the AFR

The Association Francophone de Rotomoulage (AFR) is an association governed by the law of 1 July 1901 and the decree of 16 August 1901. Its main aim is to promote awareness of the rotational moulding process and to recognise and develop new market shares.

2. Competition precautions

The AFR and its members may exchange information, whether formally or informally. Given the small number of players in the rotational moulding market, and the fact that some members may be competitors, particular vigilance is required with regard to compliance with regulations, particularly those relating to competition law.

3. Applicable regulations

French law (Article L 420-1 of the French Commercial Code) and Community law (Article 101 of the Treaty on the Functioning of the European Union - TFEU) prohibit agreements, decisions or concerted practices the object or effect of which is to restrict or distort competition, in particular :

• Restricting access to the market or the free exercise of competition ;
• Obstructing free pricing ;
• Limiting or controlling production, markets, investment or technical progress;
• Distribute markets or sources of supply.

Abuse of a dominant position or economic dependence is also punishable (article L 420-2 of the French Commercial Code and article 102 of the TFEU).

The penalties can be severe for both companies and their employees.

AFR members therefore adopt this charter to prevent any anti-competitive behaviour.

Article 1 - Purpose

1.1

This Charter defines the commitments of the AFR and each of its members to prevent any violation of French and European competition rules in their relations within the AFR.

1.2

The Charter supplements the AFR Articles of Association. In the event of contradiction, the Articles of Association shall prevail.

Article 2 - General commitments

2.1

The AFR will not support or facilitate any anti-competitive practices (price fixing, market sharing, etc.).

2.2

Each member declares that his or her participation in the activities of the AFR is solely for the purpose of achieving the object of the association, and that he or she undertakes not to engage in any anti-competitive practice.

Article 3 - Statistical and comparative studies

3.1

The AFR may carry out studies solely to provide reliable information or promote good practice.

3.2

The individual information provided for these studies will be :

• Kept strictly confidential;
• Aggregated and anonymised before distribution;
• If they cannot be anonymised, they will not be distributed and will be destroyed.

Article 4 - Exchanges of information between members

4.1

Each company must remain free to make its own decisions, without any certainty as to the future behaviour of its competitors. Any exchange of information that reduces this uncertainty may constitute a prohibited agreement.

4.2

Exchanges of information of a general nature on :

• Overall statistical data for a market ;
• General situation of production or sales ;
• Production methods, technologies and standards;
• Staff training and qualifications;
• Exchanges with public authorities ;
• Regulations applicable to all market operators.

4.3

All exchanges between companies of their own data, including non-strategic data, are prohibited:

• Prices, discounts, margins, costs ;
• Production volumes, sales, purchases, exports/imports ;
• Market share, supplier/customer relations;
• Production capacity ;
• Commercial and wage policies.

Article 5 - Information for representatives

Each member's representative must be informed of the Charter and the consequences of inappropriate behaviour during AFR activities.

Article 6 - Organisation of meetings

A detailed agenda is drawn up for each meeting. Secretarial services are provided by the AFR's Chief Executive Officer or, for statutory meetings, in collaboration with the Association's Secretary. Detailed minutes are drawn up and sent to participants.

Article 7 - Penalties

7.1

In the event of a prohibited exchange of views, the secretary or chair of the meeting may interrupt the discussion or exclude the offending participant(s).

7.2

Any breach of the Charter may be subject to sanctions imposed by the AFR Board of Directors, in accordance with the Articles of Association.