Compliance

Whistleblower system and rules of procedure of Fuchs Condimente RO SRL

Fuchs Condimente RO S.R.L. (hereinafter referred to as “the Company”) is committed to adhering to compliance. Compliance means respecting the legislation, laws, and internal rules of Fuchs Condimente RO S.R.L. and creating structures that ensure that Fuchs Condimente RO S.R.L., its management, and all its employees can behave legally. This Procedure is designed to assist employees of Fuchs Condimente RO S.R.L., including temporary partners, contractors, and occasional staff, who believe they have observed behavior that concerns them or may represent violations of the law. The whistleblowing system, certified ISO 27001 www.safewhistle.info, is part of the compliance system and the compliance culture of Fuchs Condimente RO S.R.L. Additionally, this Procedure establishes the method for receiving, recording, examining, taking subsequent action, and resolving reports regarding violations of the law that have occurred or may occur within Fuchs Condimente RO S.R.L., the rights and obligations of whistleblowers in the public interest (hereinafter referred to as “whistleblowers”), their protection measures, as well as the obligations of Fuchs Condimente RO S.R.L. arising from Law No. 361/2022 regarding the protection of whistleblowers in the public interest.

By “whistleblowing” or “reporting,” we mean the disclosure by an employee or another person of suspicions regarding violations of the law within an organization. What is the legal framework? Law No. 361/2022 regarding the protection of whistleblowers in the public interest; Law No. 363/2018 regarding the protection of individuals concerning the processing of personal data by competent authorities for the purpose of preventing, discovering, investigating, prosecuting, and combating crimes or executing penalties, educational and safety measures, as well as regarding the free movement of such data; Government Decision No. 1269/2021 approving the National Anti-Corruption Strategy 2021-2025 and its related documents; Law No. 53/2003 regarding the Labor Code, republished, with subsequent amendments and completions; the Internal Regulation of Fuchs Condimente RO S.R.L.

Why has Fuchs Condimente RO S.R.L. appointed an external person responsible for integrity alerts? Your information helps us to counteract violations of the applicable legislation or the internal directives of Fuchs Condimente RO S.R.L. in a timely manner and to avoid harm to our employees, business partners, third parties, and also to Fuchs Condimente RO S.R.L. For this reason, Fuchs Condimente RO S.R.L. has appointed an external person responsible for integrity alerts, Ms. Iulia Baron-Rezeanu, a lawyer, to whom employees, business partners, and third parties can turn as an external, independent, and impartial contact person if they have indications that violations of applicable legislation or internal regulations of Fuchs Condimente RO S.R.L. have occurred.

Which whistleblowers are protected? Any whistleblower acting in good faith has the right to provide information. Whistleblowers acting in good faith fall within the protection scope of this Procedure. Good faith is presumed if the whistleblower assumes, at the time of reporting, that the information they provided is true.

What personnel is involved in the procedure?
a) The manager of Fuchs Condimente RO S.R.L.
b) The whistleblower;
c) The external person responsible for integrity alerts – responsible for receiving, recording, examining, taking follow-up actions, and resolving reports, acting impartially and independently in exercising these duties, subject to the privileged attorney-client relationship and ensuring the anonymity of the whistleblower;
d) The external responsible person and the reporting means are communicated to each employee by displaying them on the organization’s website and in a visible and accessible location at the headquarters.

What violations of the law are relevant? All violations of applicable legislation are relevant, especially regarding:
– public procurement; services, products, and financial markets, as well as preventing money laundering and terrorist financing;
– product safety and compliance;
– transport safety;
– environmental protection;
– radiological protection and nuclear safety;
– food safety and animal feed, animal health and welfare;
– public health;
– consumer protection;
– protection of privacy and personal data, as well as the security of networks and information systems;
– violations affecting the financial interests of the European Union, as mentioned in Article 325 of the Treaty on the Functioning of the European Union and detailed in relevant measures of the European Union;
– violations related to the internal market, mentioned in Article 26(2) of the Treaty on the Functioning of the European Union, including violations of EU competition and state aid rules, as well as violations related to the internal market regarding acts that violate corporate tax rules or mechanisms aimed at obtaining a tax advantage that contravenes the objective or purpose of applicable corporate tax legislation, which constitute disciplinary offenses, contraventions, or crimes or contravene the objective or purpose of the law.

More specifically, acts that may be subject to an integrity alert include:
(a) corruption offenses, offenses assimilated to corruption offenses, offenses directly related to corruption offenses;
(b) forgery offenses and offenses related to or in connection with the service;
(c) offenses against the financial interests of the European Community;
(d) preferential or discriminatory treatment practices in the exercise of official duties;
(e) violation of provisions regarding incompatibilities and conflicts of interest;
(f) abusive use of material or human resources;
(g) political partisanship in the exercise of official prerogatives, except for elected or politically appointed persons;
(h) violations of the law regarding access to information and decision-making transparency;
(i) violation of legal provisions regarding public procurement and non-reimbursable funding;
(j) incompetence or negligence in office;
(k) inappropriate assessment of personnel in the recruitment, selection, promotion, demotion, and dismissal process;
(l) violations of administrative procedures or the establishment of internal procedures that do not comply with the law;
(m) issuing administrative acts or others that serve group or clientelistic interests;
(n) mismanagement or fraudulent management of public and private goods of public authorities or institutions;
(o) violation of other legal provisions that impose compliance with the principle of good administration and that of protecting the public interest.

However, violations of the internal regulations of Fuchs Condimente RO S.R.L. may also be reported. On the other hand, if you have a question regarding your order, wish to complain about a product, are dissatisfied with our performance or services, or have any other concerns, please use our usual contact options: office@fuchs.ro. This document does not refer to any employment-related complaints. Solutions to workplace-related issues or any other issues not covered by this document should be sought through the human resources department of Fuchs Condimente RO S.R.L. This document also does not apply to complaints related to products or services or complaints regarding unsatisfactory quality.

How can I provide information? Reporting facts considered violations of the law should be viewed as a professional responsibility. If an employee suspects that violations of the law have occurred, are ongoing, or are imminent that could affect the interests of Fuchs Condimente RO S.R.L., they are obliged to act immediately in accordance with this Procedure, benefiting from protection against discrimination or retaliation. Individuals who report violations of the law that have occurred or may occur within Fuchs Condimente RO S.R.L. have the following reporting methods available:
a) Internal channels – within Fuchs Condimente RO S.R.L.;
b) External channels – the National Integrity Agency, as well as other public entities that, according to special legal provisions, receive and resolve reports regarding violations of the law in their area of competence;
c) Public disclosure – media, professional organizations, trade unions or employers’ organizations, non-governmental organizations, parliamentary committees, etc.;
d) The record of reports – a document containing the date of receipt of the report, the name and contact details of the whistleblower, the subject of the report, and how it was resolved.

Within Fuchs Condimente RO S.R.L., reporting facts that constitute violations of the law is primarily done through the existing internal reporting channels. However, a whistleblower reporting violations of the law may choose between the internal reporting channel and the external reporting channel.

INTERNAL CHANNELS: Before providing information, please carefully check if the statements you make are accurate regarding their content. In particular, you must not provide any information that you know to be false. Individuals affected by the investigation of a report have the right to fair treatment during the investigation. This includes an impartial and objective assessment of the relevant facts, protection against discrimination, and the protection of personal data, as provided by applicable legal regulations. The written report, in electronic format, must include at least the following elements:
a) The name, surname, and contact details of the whistleblower, including email address;
b) The professional context in which the information was obtained;
c) The person in question, if known;
d) A description of the act likely to constitute a violation of the law within Fuchs Condimente RO S.R.L.;
e) Presentation of data or indications supporting the alleged violation of the law within Fuchs Condimente RO S.R.L.;
f) The date;
g) The signature.

The external person responsible for integrity alerts is also interested in being informed about what other individuals – who are not involved in the specific processes – are aware of this and whether there are documents (e.g., emails, photographs) related to this. Individuals reporting must have reasonable grounds to believe that the issue to be reported pertains to one or more of the areas covered by this document. Past, current, or likely future issues may be reported. There is no requirement for a report to be accompanied by complete corroborative evidence. Disclosures must be made only in good faith, considering the existing circumstances at the time of disclosure. If there are doubts regarding the necessity to report a suspicion, it is advisable to discuss the issue with a superior or another trusted managerial person who is not involved in any way in this matter.

It is important not to share any information about possible suspicions with anyone involved in the matter or with a third party, other than the person from whom confidential advice is sought. Any person reporting a matter that does not fall within the scope of the whistleblower protection legislation will be informed of this without undue delay. Additionally, please inform the external person responsible for integrity alerts about how they can contact you in case of questions.

What costs are associated with providing information? Providing information does not involve any costs for the whistleblower.

What should I do if I am not sure whether a relevant crime has been committed? If you are unsure, please use expressions such as “I believe that…” or “I think it is possible…”. If there are uncertainties regarding presentation, assessment, and/or procedure, you may discuss in advance – even anonymously – and free of charge with the external person responsible for integrity alerts.

Do I have to disclose my identity when providing information? Whistleblowers may also choose to present their reports anonymously. If the whistleblower discloses their identity, Fuchs Condimente RO S.R.L. will not disclose it, without the explicit consent of the whistleblower, to any other person except those competent authorized to investigate the reports. Whistleblowers may agree with the external person responsible for integrity alerts on how they can be contacted in case of questions if the whistleblower wishes to remain anonymous. False information cannot be communicated, even in the case of an anonymous report.

How is the identity of the whistleblower protected? Whistleblowers may request the external person responsible for integrity alerts to protect their identity and not disclose their identity or any other information that allows conclusions to be drawn regarding their identity to Fuchs Condimente RO S.R.L. As a lawyer, the external person responsible for integrity alerts is obliged to respect professional secrecy and cannot disclose the identity of a whistleblower known to them to third parties without exposing themselves to criminal liability. The external person responsible for integrity alerts has taken appropriate technical and organizational measures to protect the information they receive so that third parties cannot access it. Under no circumstances can the person(s) accused in the whistleblower’s report obtain information about the identity of the whistleblower, so your identity as a whistleblower will be kept confidential, including your personal data. Access to the warning report and the parties involved is granted…

Citations:
[1] https://ppl-ai-file-upload.s3.amazonaws.com/web/direct-files/26335754/3effe01f-0306-4fb0-bcf7-d867ad002be2/paste.txt