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Under the Euro Medium Term Note Programme ... - Finance - EDF

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Risk Factors<br />

transmission networks must regularly monitor electromagnetic fields generated by power<br />

lines. The results of <strong>the</strong>se actions must be submitted annually to <strong>the</strong> French Environmental<br />

and Occupational Health and Safety Agency (Agence française de sécurité sanitaire de<br />

l’environnement et du travail), which will publish <strong>the</strong>m. All of <strong>the</strong> foregoing could expose <strong>the</strong><br />

<strong>EDF</strong> Group to risks of increased litigation or lead to <strong>the</strong> adoption of more stringent and costly<br />

safety measures for <strong>the</strong> operation or construction of transmission or distribution networks.<br />

Lastly, and more generally, <strong>the</strong> <strong>EDF</strong> Group operates or has operated facilities which, as<br />

currently operated, could be or could have been <strong>the</strong> source of industrial accidents or<br />

environmental and public health impacts (such as inadequately controlled emissions,<br />

leakages in electricity supply lines insulated with pressurised oil, a failure of decontamination<br />

facilities, pathogenic micro-organisms, asbestos, polychlorobiphenyls (“PCBs”), SF6 gas<br />

emissions, etc.). In particular, large quantities of hazardous materials (in particular, explosive<br />

or flammable materials, such as gas and fuel oil) are stored in certain facilities. These<br />

facilities may be located in industrial areas where o<strong>the</strong>r activities subject to similar risks are<br />

operated, which means that <strong>the</strong> <strong>EDF</strong> Group’s own facilities may be impacted by accidents<br />

occurring at neighbouring facilities owned by o<strong>the</strong>r operators and not under <strong>the</strong> <strong>EDF</strong> Group’s<br />

control.<br />

In accordance with ISO 14001, <strong>the</strong> <strong>EDF</strong> Group implements appropriate measures to prevent<br />

and, if necessary, repair any industrial accidents or environmental damage caused by <strong>the</strong><br />

facilities that it operates. These measures are intended, in particular, to protect <strong>the</strong> <strong>EDF</strong><br />

Group both against <strong>the</strong> risk of an accident (such as explosion, fire, etc.) occurring in its own<br />

facilities and against <strong>the</strong> impact of such an accident occurring in a neighbouring facility<br />

owned by a third party. However, in general, <strong>the</strong> <strong>EDF</strong> Group cannot guarantee that <strong>the</strong><br />

measures taken to control <strong>the</strong>se risks will prove fully effective if any of <strong>the</strong> events listed<br />

above were to occur. An accident of <strong>the</strong> type described above could have serious<br />

consequences for persons, property and business continuity, and <strong>the</strong> <strong>EDF</strong> Group could be<br />

found liable. Insurance policies for civil liability and damages taken out by <strong>the</strong> <strong>EDF</strong> Group<br />

could prove to be significantly inadequate, and <strong>the</strong> <strong>EDF</strong> Group cannot guarantee that it will<br />

always be able to maintain a level of cover at least equal to current cover levels and at <strong>the</strong><br />

same cost. The frequency and magnitude of natural disasters seen over <strong>the</strong> past few years,<br />

in particular <strong>the</strong> nuclear accident that occurred in Japan in March 2011, could have a<br />

significant impact on <strong>the</strong> capacities of <strong>the</strong> insurance and reinsurance market and on <strong>the</strong><br />

costs of civil liability and damages insurance cover for <strong>the</strong> <strong>EDF</strong> Group. Such accidents could<br />

also lead to <strong>the</strong> shutdown of <strong>the</strong> facility affected and, potentially, of similar facilities that may<br />

be considered to present <strong>the</strong> same risks.<br />

Lastly, facilities or assets operated by <strong>the</strong> <strong>EDF</strong> Group may be targeted by external attacks or<br />

malicious acts of any kind. Safety measures were incorporated into <strong>the</strong> design of <strong>the</strong> facilities<br />

and sites, and protective measures have been taken by <strong>EDF</strong>. Moreover, safety measures to<br />

counter all forms of attacks have been implemented in conjunction with <strong>the</strong> public authorities.<br />

None<strong>the</strong>less, like any safety measures intended to counter an external threat, <strong>the</strong> <strong>EDF</strong><br />

Group cannot guarantee that <strong>the</strong>se will prove fully effective in all cases. An attack or<br />

malicious act committed on <strong>the</strong>se facilities could have consequences such as damage to<br />

persons and property, <strong>the</strong> <strong>EDF</strong> Group’s liability being sought on <strong>the</strong> basis of measures that<br />

are judged inadequate and interruptions to operations. In addition, <strong>the</strong> <strong>EDF</strong> Group cannot<br />

guarantee that <strong>Euro</strong>pean and national legislation regarding <strong>the</strong> protection of sensitive sites<br />

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