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FAQ

Risk Identification, Assessment, and Management Measures Implemented on C2E Market

Written By Olivier LE MAROIS

Last updated 3 days ago

C2E Market provides tools and processes to enable members to comply with the requirements of Articles L 221-8 and R. 221-14-2 of the Energy Code, as well as with the decree of October 9, 2026, regarding risk identification, assessment, and management mechanisms designed to detect fraudulent acquisition.

First, buyers may rely on this to describe “the internal procedures implemented that led to the selection of the seller ” (I-1° of the decree) on the fact that, to be a member of C2E Market, one must meet membership requirements (Article 3 of the market regulations), including, in particular:

  • minimum length of time on the market,

  • no criminal, civil, or administrative convictions related to EECs,

  • maintaining, at all times, risk identification, assessment, and management systems compliant with EEC requirements, in order to ensure that the EECs it acquires have not been obtained fraudulently.

  • If the member is the primary filer, adherence to the principles set forth in the GPCEE’s Code of Ethics and the permanent maintenance of a system for monitoring transactions for which EECs are issued—for which the member is the primary depositor—as well as compliance rates for these checks conducted at the time of issuance of the EECs in question.

Second, the “required due diligence by the purchaser” prior to the purchase decision (Section II, Paragraph 1 of the Decree) is implemented, in particular, through the following mechanism (Article 10.2.3 of the Market Rules):

  1. The ability to execute transactions on C2E Market is contingent upon having established limits with the counterparty that has posted a sell offer.

  2. These limits are set after reviewing and analyzing the information contained in the potential seller’s “Member Passport” (as well as any other information the Member may request from their future counterparty).

  3. When information in the Member Passport is modified, it is no longer possible to transact with the seller until the buyer has reviewed and analyzed this new information.

In other words, no sale contract may be concluded on C2E Market if the seller’s Member Passport is not up to date or if the buyer has not previously reviewed the latest available information regarding the seller.

The content of the Member Profile is set forth in Article 10.2.1 of the Market Regulations and includes the following elements (as referred to in paragraphs II 1°, 2°, and 3° of the decree and in Article 1 of the order of October 9, 2026):

  • the Member’s identification details;

  • equity interests of 25% or more between the selling Member and any principal holder, supervisory body, or professional involved in the execution of transactions that led to the issuance of CEE;

  • the Member’s financial statements for the last three fiscal years;

  • whether or not insolvency proceedings are pending;

  • certificates regarding the existence of professional liability insurance, tax compliance, labor compliance, and the absence of criminal convictions for officers and beneficial owners

  • whether or not there are any final convictions or sanctions against the transferor related to its activities carried out under the energy savings certificate program;

  • whether or not there is a continuous improvement policy (satisfaction surveys, feedback, incident handling, certification, etc.) and a quality management system covering the transferor’s activities related to the energy savings certificate program

  • a description of the procedures implemented by the Member for the purposes of applying the Risk Control Decree

  • a description of the resources allocated to activities related to the Energy Savings Certificates program, taking into account the volume of certificates sold over the past twelve months as well as their characteristics

Article 12.2 of themarket regulationss provides that every Sales Contract must include an annex specifying the legal form, name, registration number, and address of the transferor’s principal office (I-1° of the decree).

Article 12.3 of themarket regulationsmarket regulations provides that this annex shall be replaced, prior to the actual transfer of the EECs, by a final annex comprising (I-2° of the decree):

  • the decision number for the issuance of the EECs covered by the Sales Contract;

  • the identifying information of the selling Member and the First Depositor Passport(s) relating to the EECs covered by the Sales Agreement, as well as information regarding the EECs submitted

  • the form described in the annex to the order of October 9, 2026, detailing the characteristics of the transferred EECs

The “First Depositor Passport” includes the identifying information of the first holder of the transferred EECs (Article 10.2.2 of theshuttle form [market regulations]).

The preliminary verification of the EECs delivered pursuant to the Sales Agreement, in particular with respect to paragraphs II 4° and 5° of the decree, is performed by the Introducer of these EECs on the Marketplace (Articles 10.2.2, 15 and 16, and Annex I, Article 5 of theR. 221-14-2market regulations). In particular, any Introducer:

  • shall ensure, with respect to the EECs it introduces to the Marketplace, that it has received and evaluated in advance the information referred to in the Risk Control Decree concerning (i) the Initial Depositor of the EECs in question and (ii) if different from the Initial Depositor, the transferor from whom they were obtained;

  • refrain from introducing any CEE onto the Marketplace if it has detected any signs of fraud regarding the issuance of said CEEs or suspects the existence of such fraud;

  • provide the Operator with a document titled “First Depositor Passport”

  • provide the Operator with a “fiche navette” summarizing, for the delivered EECs, the information required by sections II 2° (specifically regarding EECs), II 4°, and II 5°, as well as by the form annexed to the decree of October 9, 2026

The cross-reference table between the obligations arising from the regulations, the Market Rules, and the provisions of the latter can be summarized as follows:

R. 221-14-2 of the Energy Code,

règlement de marché

Documents Filed with C2E Market

I-1° A document prepared under the responsibility of the purchaser indicating the legal form, name, registration number, and address of the registered office of the transferor...

Article 12.2

Confirmation Annex

I-1° ...and, if different, of the first holder of the transferred energy-saving certificates, of the first holder of the transferred energy-saving certificates,...

Article 12.3

Final Annex

I-1° ...and describing the internal procedures implemented that led to the selection of the transferor and the purchase decision.

Article 10.2.1

Description of procedures

I-2. A transfer agreement specifying the origin of the certificates being transferred, identified by their issuance decision number, as well as the verifications required of the purchaser pursuant to Section II of this article prior to the actual transfer of the certificates.

Article 12.3

Article 10.2.1

Final Annex and Description of Procedures

II. — The verifications referred to in paragraph 2 of Section I consist, for the purchaser, of gathering and evaluating information concerning:

“1° Financial data, ratings, or other indicators used to assess the risk of default by the transferor;

“2° Equity interests of 25% or more between the transferor, the primary holder, regulatory bodies …, and professionals …;

“3° The risk identification, assessment, and management procedures implemented by the primary holder and the transferor and, if applicable, a description of the quality management system of the primary holder and the transferor covering their activities related to energy savings certificates;

Article 10.2.1

Article 10.2.3

Member Passport

Digital proof of validation of offsets

II-...2° Equity interests of 25% or more between ... the initial holder, the inspection bodies involved in the issuance of the certificates, and the professionals involved in carrying out the operations that led to the issuance of the certificates;

4° The nature of the first holder’s active and incentivizing role, as defined in Article R. 221-22 and as specified in the order regarding the conditions for issuing energy savings certificates provided for in Article L. 221-7;

“5. The procedures for verifying the operations for which certificates are issued, carried out by the initial holder or, where applicable, by the transferring party, and the compliance rates of such verifications

Article 10.2.2

Appendix I, Article 5

Shuttle form provided by the seller upon the initial submission of an EEC

Final Annex

Decree of October 9, 2026

Market Rules

Documents registered in C2E Market

Article 1 -
1. The existence of a professional liability insurance certificate;
2. The transferor’s status with respect to its obligations regarding tax and social security filings and the payment of any taxes, fees, contributions, or social security premiums due;

Article 10.2.1

Certificates of professional liability insurance, tax compliance, and social security compliance,

Article 1 - 3° Indicators related to the transferor’s financial soundness (existence of insolvency proceedings against the transferor and other indicators related to the transferor’s financial situation);

Article 10.2.1

Most recent 3 financial statements + whether or not insolvency proceedings are pending

Article 1 - 4° The status of the transferor’s officers and beneficial owners, as defined in Article R. 561-1 of the Monetary and Financial Code, with respect to subparagraphs 3° and 5° of Section II of Article L. 123-11-3 of the Commercial Code;

Article 10.2.1

Certificate of No Criminal Convictions

Art. 1 -
5° The existence of any final convictions and penalties against the transferor related to its activities carried out under the energy savings certificate program;
6° The existence of a continuous improvement policy (satisfaction surveys, feedback, incident handling, certification, etc.) and a quality management system covering the transferor’s activities related to the energy savings certificate program;

Article 10.2.1

Existence: Yes/No

Art. 1 7° The existence of procedures for identifying, assessing, and managing risks implemented by the transferor;

Article 10.2.1

Document describing the procedures

Art. 1(8) Indicators allowing for a comparison between the resources allocated by the transferor for its activities related to the energy savings certificate program and the volumes of certificates sold by the transferor to the transferee over the past twelve months, as well as their characteristics.

Article 10.2.1

Document describing the resources

Art. 2 Pursuant to Article R. 221-14-2(I)(2) of the Energy Code, the form attached to this order shall be completed in accordance with the instructions provided therein.
The form referred to in the first paragraph, duly completed, dated, and signed, shall be attached to the contract for the transfer of energy-saving certificates no later than the date of the order to transfer the certificates to the registry referred to in Article L. 221-10 of the same Code.

Article 10.2.2, Annexes 3 and 3bis

Final annex signed by the parties