REPORTS OF VIOLATIONS – DIRECTIVE 2019/1937/EU – LEGISLATIVE DECREE 24/2023 SO-CALLED WHISTLEBLOWING

Legislative Decree no. 24 of 10 March 2023 transposes and implements Directive (EU) 2019/1937. This is the protection legislation of “Whistleblowers”, i.e. people who report violations of national or European Union regulatory provisions which harm the interests of the Company, of which they became aware within the scope of the own working context.

 

Subject of the report

 

The violations included in the categories of offenses to be reported are therefore behaviours, acts or omissions which:

  • Fall within the scope of application of European Union and national acts (e.g. public procurement, services…)
  • harm the financial interests of the Union referred to in art. 325 of the Treaty on the Functioning of the European Union (e.g. fraud, illegalactivities)
  • concern the internal market of the Union referred to in art. 26 of the Treaty on the Functioning of the European Union (e.g. fraud of the EU budget, corrupt activities…)

 

Who are the whistleblowers?

 

The following people who report information about violations they become aware of in the workplace:

 

  • employed workers, including former employees and candidates for job positions;
  • self-employed;
  • workers or collaborators who supply goods or services or carry out works for third parties;
  • freelancers and consultants who work for companies;
  • volunteers and interns, paid and unpaid;
  • shareholders and people with administrative, management, control, supervisory or representation functions, even if these functions are exercised as mere fact.

 

What is not relevant to report?

 

Disputes, claims or requests do not fall within the scope of application of Legislative Decree 24/2023:

  • linked to a personal interest of the reporter
  • which relate exclusively to one’s individual relationships
  • inherent to their working relationships with hierarchically superior figures

Furthermore, it is not relevant to report violations already regulated on a mandatory basis by sectoral acts which already guarantee specific reporting procedures (market abuse, banking sector, financial intermediation) and violations relating to national security, as well as procurement relating to defense aspects or national security, unless such aspects fall under the relevant secondary legislation of the European Union.

 

What should the reports look like?

 

The Report can also be sent anonymously so the reporter can decide whether or not to declare his name and surname.

They must be detailed and made up of specific and detailed information, i.e. carried out with a sufficient level of detail to allow the competent offices to carry out the necessary and appropriate checks and assessments to confirm the validity of the facts being reported.

 

How is the report handled?

 

Reports are managed in a manner to guarantee and respect maximum confidentiality on the subjects and facts reported and the anonymity of the reporting person’s identification data. The management and verification of the circumstances represented in the report are entrusted to the Recipients appointed by the Company.

The personal data contained in the report will be processed in compliance with EU Regulation 2016/679 (so-called GDPR) and the applicable privacy legislation, in full respect of fundamental rights and freedoms, with particular regard to the confidentiality of the identity of the subjects involved and security of the treatment.

 

Channels for sending reports

 

Reports can be sent via the following channels:

  • IT platform through https://wb-officinerigamonti.appmynet.it/
  • Ordinary mail to the address: Officine Rigamonti S.p.A., via Circonvallazione 9, 13018 Valduggia (VC), c.a. “Whistleblowing” Manager
  • Oral channel through the dedicated telephone line, at number 340 880095, leaving a message on the answering machine and/or requesting, at the same number, a direct meeting with the “Whistleblowing” Manager.

 

Report managers/Whistleblowing managers

 

  • Paola Girard, HR Manager
  • Elena Pizzi, HR Junior Administration
  • Giorgia Scolaro, Administration Manager

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