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The Biemmedue Group, always attentive to ethical issues and to the correct conduct of its business and of its subsidiaries Biemmedue Spa, A.R.S. Elettromeccanica S.r.l. and MTM Hydro S.r.l., has implemented internal reporting systems for breaches, enabling persons identified by law to report breaches of national or European Union provisions that may harm the public interest or the integrity of the company, of which they have become aware in a public or private work context, including breaches of the Code of Ethics or of the Organisation, Management and Control Model pursuant to Legislative Decree 231/01.
The regulatory framework
In implementation of Directive (EU) 2019/1937, Legislative Decree No. 24 of 10 March 2023 was issued, concerning "the protection of persons who report breaches of Union law and laying down provisions concerning the protection of persons who report breaches of national law provisions".
Who can make a report?
The following persons may make reports:
- - employees;
- - former employees;
- - trainees;
- - collaborators;
- - suppliers;
- - consultants;
- - shareholders and persons holding administration, management, control, supervisory or representative functions.
What can be reported?
According to the aforementioned regulations, the report must concern conduct, acts or omissions consisting of:
- - administrative, accounting, civil or criminal offences;
- - unlawful conduct relevant under Legislative Decree No. 231/2001, or breaches of the organisational and management models provided for therein;
- - offences falling within the scope of application of European Union or national acts relating to the following sectors: public procurement; financial services, products and markets, and prevention of money laundering and terrorist financing; product safety and compliance; transport safety; environmental protection; radiation protection and nuclear safety; food and feed safety and animal health and welfare; public health; consumer protection; protection of privacy and personal data, and security of network and information systems;
- - acts or omissions that harm the European Union's financial interests;
- - acts or omissions relating to the internal market, such as breaches of competition and State aid rules;
- - acts or conduct that defeat the object or purpose of the provisions set out in European Union acts.
What must be excluded from a report?
- - complaints, claims or requests linked to a personal interest of the reporting person, or of the person who has filed a complaint with the judicial or accounting authority, relating exclusively to their own individual employment or public employment relationships, or to their employment or public employment relationships with hierarchically superior figures;
- - reports of breaches already mandatorily regulated by European Union or national acts, or by national acts implementing European Union acts;
- - reports of breaches concerning national security, as well as procurement relating to defence or national security aspects, unless such aspects fall within the relevant secondary EU law.
In any case, before making a report, the reporting person must have reasonable grounds to believe that the information concerning the breaches to be reported is true and falls within the scope of the applicable regulations.
What protections are provided for the reporting person?
Every report is treated as strictly confidential and is therefore handled with the utmost discretion, in full compliance with the applicable regulations, including those concerning the protection of the reporting person's personal data. In this regard, please note that reports may also be made anonymously.
The measures protecting the reporting person are as follows:
1) prohibition of retaliation: the reporting person may not suffer retaliation solely because of the report. Retaliation means:
- - dismissal, suspension or equivalent measures;
- - demotion or failure to promote;
- - change of duties, change of place of work;
- - reduction in salary, change in working hours;
- - suspension of training or any restriction of access to it;
- - negative performance appraisals or negative references;
- - imposition of disciplinary measures or other sanctions, including financial ones;
- - coercion, intimidation, harassment or ostracism;
- - discrimination or otherwise unfavourable treatment;
- - failure to convert a fixed-term employment contract into a permanent one, where the worker had a legitimate expectation of such conversion;
- - failure to renew, or early termination of, a fixed-term employment contract; damage, including to the person's reputation, particularly on social media, or economic or financial harm, including loss of economic opportunities and loss of income;
- - inclusion on improper lists on the basis of a formal or informal sectoral or industry agreement, which may prevent the person from finding employment in the sector or industry in future;
- - early termination or cancellation of a contract for the supply of goods or services;
- - cancellation of a licence or permit;
- - a request to undergo psychiatric or medical examinations.
2) support measures: a list of Third Sector Entities has been established at the National Anti-Corruption Authority (ANAC), from which the reporting person may receive support measures such as free information, assistance and advice;
3) protection against retaliation: the possibility of reporting retaliation suffered to ANAC.
Are extensions of protection for the reporting person provided?
Yes. The measures protecting the reporting person also apply to:
- - the facilitator (a natural person who assists the reporting person in the reporting process, operating within the same work context, whose assistance must remain confidential);
- - persons within the same work context as the reporting person, the person who filed a complaint, or the person who made a public disclosure, who are linked to them by a stable emotional relationship or by a family relationship up to the fourth degree;
- - colleagues of the reporting person, or of the person who filed a complaint or made a public disclosure, who work in the same work context as that person and who have a habitual and ongoing relationship with them;
- - entities owned by the reporting person, or for which the same persons work, as well as entities operating in the same work context as the aforementioned persons.
Are there cases of loss of protection?
Yes. Where the criminal liability of the reporting person for the offences of defamation or false accusation, or in any case for the same offences committed through a complaint to the judicial or accounting authority, is established even by a first-instance judgment, or where their civil liability on the same grounds is established in cases of wilful misconduct or gross negligence, protections are not guaranteed and a disciplinary sanction is imposed on the reporting or complaining person.
How are reports handled?
To provide maximum protection for the "reporting person" and the "reported person", all necessary security measures have been adopted: regardless of the reporting person's choice to make a report anonymously or not, the confidentiality of the identity of the person making the report and of the content of the report is guaranteed through secure protocols and encryption tools that protect personal data and the information provided. The identity of the reporting person is never disclosed without their consent, except in cases provided for by current regulations. The Supervisory Body, as the "manager of Whistleblowing reports" for the Biemmedue S.p.A. group, in compliance with Legislative Decree No. 24/2023, will forward reports concerning the above-mentioned subsidiaries to the respective competent offices.
How to make a report?
Go to the link and follow the instructions provided.