Acea has set up a System for receiving, analysing and processing reports of alleged violations (Whistleblowing).
In Acea there is a system in operation for receiving and managing reports (so-called “Whistleblowing”), that can be activated either by employees or by external parties, relating to any non-compliance with the law, internal rules, the Code of Ethics and the Human Rights Policy, as well as matters pertaining to the Internal Control System, Corporate Reporting, the companies’ Administrative Liability (Legislative Decree no. 231/2001), fraud and conflicts of interest.
This procedure ensures the highest degree of confidentiality and privacy in the processing of communications received, with a view to protecting the reporting party, the reported party and the persons involved.
Following the coming into force of Legislative Decree no. 24/2023, Acea and its subsidiaries adopted the “Policy for handling Acea Group reports – whistleblowing”, also taking account of the indications contained in the “Guidelines with regard to the protection of persons who report breaches of Union law and the protection of persons who report breaches of national regulations” as approved by the National Anti-Corruption Authority (ANAC) in July 2023.
Acea Group Whistleblowing Policy (only italian)
Acea Group Privacy Policy (only italian)
The reports may be submitted by parties within or outside the organisation, such as for example employees, associates, independent contractors, trainees, consultants, suppliers, customers, shareholders or persons with administration and control functions in the Acea group companies, such as Board Directors or members of the Board of Auditors.
The scope of alleged violation reports that can be submitted through the reporting system adopted by Acea and the Group companies is wider than that set forth by Legislative Decree 24 of 10 March 2023 (Implementation of Directive (EU) 2019/1937 of the European Parliament and of the Council, dated 23 October 2019, on the protection of persons who report breaches of Union law and laying down provisions concerning the protection of persons reporting breaches of national regulations) being extended, apart from the violations referred to in the said decree, also to alleged violations of the Code of Ethics, the Human Rights Policy and the body of internal regulations adopted by the various Companies.
In accordance with the provisions set forth by Legislative Decree 24/2023, through the system adopted, it is possible to report behaviour, acts or omissions that harm the public interest or the integrity of Acea and the Group’s subsidiaries, comprising:
administrative, accounting, civil or criminal offences;
significant unlawful conduct pursuant to Legislative Decree 231/2001, or violations of the organisation and management models envisaged therein;
offences falling within the scope of European Union or national acts (as indicated in Annex 1 to Legislative Decree 24/2023, to which reference is made for further details) 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 conservation; radiation protection and nuclear safety; safety of food and feed and animal health and welfare; public health; consumer protection; safeguarding of privacy and protection of personal data and security of network and information systems;
acts or omissions adversely affecting the financial interests of the Union;
acts or omissions concerning the internal market;
acts or behaviours thwarting the object or purpose of the provisions contained in Union acts.
The scope of alleged violation reports that can be submitted through the reporting system adopted by Acea and the Group companies is wider than that set forth by Legislative Decree no. 24/2023, which is extended to also include alleged violations of the Code of Ethics, the Human Rights Policy and the body of internal regulations adopted by the various companies.
In order to enable the responsible parties to perform the appropriate analyses and investigations, it is important that the report is timely and detailed and provides specific information with regard to the alleged violations being notified. For example, the report should include details such as date, time, place of the incident, the names of the persons involved and a precise description of the events that took place.
The “whistleblowing reports” do not include communications other than the above mentioned cases and particularly those referring to requests, complaints and grievances regarding activities of a technical/commercial nature (for example complaints connected with bills, invoices, disruptions, etc.) which, in order to ensure that the same are handled in accordance with existing regulations, must be sent to the competent Company departments through the appropriate dedicated channels.
For sending written or oral communications or requesting a meeting with the party handling the report, a Communicate Whistleblowing IT platform has been set up, which is able to guarantee data security and protection and the confidentiality of information.
Set out below are the external channels contemplated by Legislative Decree no. 24/2023, which can be activated by the reporting parties on a residual basis with respect to the internal channel and only in particular circumstances as indicated in the extended policy:
external channel managed by the National Anti-Corruption Authority (ANAC), available at the following website: https://www.anticorruzione.it/-/whistleblowing;
public disclosure (through the press, electronic means or means of dissemination capable of reaching a large number of people);
complaint to the judicial or accounting authority.
Reports concerning alleged violations of the Code of Ethics and the Human Rights Policy, the Internal Control and Risk Management System (ICRMS) and Legislative Decree no.24/2023 on the part of Acea and the Group’s subsidiaries are sent to the Ethics Officer, an independent collegial body responsible for managing the same, as internal party for Acea SpA and external party for the Group’s individual Subsidiaries.
The Ethics Officer, appointed by decision or resolution of the company’s administrative body, comprises the acting Chairpersons/Heads of the following Acea SpA Bodies/Committees and organisational structures:
Control and Risks Committee Chairperson;
Ethics, Sustainability and Inclusion Committee Chairperson;
231 Supervisory Body Chairperson;
Head of the Internal Audit Function;
Head of the Risk Management, Compliance & Sustainability Function.
Find out more about the Ethics Officer's other responsibilities.
Reports concerning relevant unlawful behaviours for the purposes of Legislative Decree 231/2001 and breaches of the organisation and management models on the part of Acea and the Group’s subsidiaries are sent to the Supervisory Body of the Company to which the 231 violations refer, in its capacity as external party.
The 231 Supervisory Body is appointed by resolution of the Board of Directors of Acea and the Group’s subsidiaries.
In the case of reports involving a party appointed to fully or partially receive and handle the same, the said party is excluded from processing the report and, in any case, shall abstain from participating in the analysis and investigation procedures.
Reports received by persons who are not deputised to handle the same must be forwarded to the competent parties within 7 days of receipt, at the same time informing the reporting party.
The safeguards of the whistleblower include:
identity confidentiality and protection;
the handling of personal data in observance of European and domestic principles;
protection against any form of retaliation: over and above the provisions set forth by law, Acea prohibits and punishes any and all forms of retaliation or direct or indirect discrimination, for reasons directly or indirectly related to the report or complaint, against the reporting person or the person who filed the complaint.
Detailed document ‘Whistleblowing disclosure’
How to make a report
| 2021 | 2022 | 2023 | |
|---|---|---|---|
Number of procedural reports received in the year broken down by process reported | 14 | 24 | 45 |
| Procurement and supplier relations | 7 | 6 | 9 |
| commercial and user management | 4 | 11 | |
| HSE | 2 | 7 | 2 |
| Human Resources | 4 | 2 | 16 |
| Other (asset protection, company regulations, etc.) | 1 | 5 | 7 |
| Number of procedural alerts dealt with in the year by outcome | 14 | 24 | 43 |
| Not founded | 6 | 14 | 33 |
| Archived¹ | 7 | 2 | 4 |
| Funded | 1 | 7 | 2 |
| Suspended² | 1 | 4 |
The investigation of two reports concerning a foreign subsidiary is ongoing.
1 Reports are classified as dismissed based on the reported facts: they cannot be qualified as detailed / verifiable since, in the light of the results of any preliminary checks carried out, there is no possibility of starting the subsequent assessment phase.
2 Investigation suspended pursuant to the Whistleblowing procedure.
Notice for Acea Group customers
Any reports referring to cases of a technical/commercial nature (for example, commercial services, contract management, claims. invoicing, meter readings, transfers, lack of water or power, breakdown reports, etc.) must be sent to the competent structures of the various Group Companies through MyAcea, the reserved area dedicated to Acea Group customers, and/or via the contacts listed in the section Contacts and Assistance.
