Segnalazioni
Whistleblowing – Reporting Misconduct
Legislative Decree No. 24/2023 implementing European Directive No. 1937/2019
As part of its corporate compliance activities and commitment to transparency, 3F Ingranaggi Srl has assigned the management of whistleblowing reports, pursuant to Legislative Decree No. 24/2023, to the Supervisory Body (Organismo di Vigilanza – OdV) established under Legislative Decree No. 231/2001.
The Supervisory Body, which has been appointed and operating for several years, is composed of Mr. Stefano Zanini, Attorney-at-Law, and Ms. Patrizia Simionato, Engineer.
It should be noted that the appointment of this Board was made with the specific purpose of ensuring the independence of the body and the appropriate training of its members.
An information notice explaining how this new regulatory framework works is provided below, organized by topic.
Definitions:
A “whistleblower” is anyone who becomes aware of wrongdoing or irregularities in the workplace, in the course of performing their duties, and decides to report it to a person or authority capable of taking effective action. Even though the whistleblower may risk acts of retaliation as a result of the report, they are recognized as playing a role of public interest by bringing issues or risks to the attention of the organization or the wider community.
“Whistleblowing” refers to the regulation of procedures designed to facilitate such reports while at the same time ensuring confidentiality and protection against retaliation for whistleblowers.
For these reasons, the new legislation (Legislative Decree No. 24/2023 implementing European Directive No. 1937/2019) provides, in Articles 16 to 22 inclusive, protective measures in favour of the whistleblower in the event of retaliation.
To which situations does whistleblowing not apply (Article 1, paragraph 2 of Legislative Decree No. 24/2023)?
a) to disputes, claims, or requests related to a personal interest of the whistleblower or of the person who has filed a complaint with the judicial or accounting authority, which concern exclusively their own individual employment relationships or their relationships with hierarchically superior figures;
b) to reports of violations already regulated as mandatory by the acts of the European Union or national acts listed in Part II of the Annex to this Decree, or by national acts implementing the European Union acts listed in Part II of the Annex to Directive (EU) 2019/1937, even if not expressly mentioned in Part II of the Annex to this Decree;
c) to reports of violations concerning national security, as well as procurement related to defence or national security aspects, unless such aspects fall within the scope of the relevant derived law of the European Union.
Main legal and regulatory references on the matter:
Legislative Decree No. 24 of 10 March 2023 (link to Normattiva website)
• Directive (EU) 2019/1937 (link to European Parliament website)
• Whistleblowing Information Notice (link to PDF document)
• Operational Instruction Procedure GQ5AIO10 – Whistleblowing Rev. 00, including a form for submitting reports in paper format (link to PDF document)
Modalità di invio delle segnalazioni:
- INTERNA: Segnalazioni verbale o a mezzo posta elettronica ordinaria all’Organismo di Vigilanza di 3F Ingranggi Srl (Avv. Stefano Zanini, Corso Porta Nuova 133/c 37122 Verona tel. 045/8034909 int.5 – email: odv@3fingranaggi.com or Eng. Patrizia Simionato, c/o Sysman Consulting Srl, Via Nazionale No. 69, 30034 Mira (VE), Italy
Tel. +39 348 8711791 — Email: odv@3fingranaggi.com - By regular mail to the attention of the Supervisory Board of 3F Ingranaggi Srl, sent to one of the two addresses listed above;
- EXTERNAL: ANAC (link to ANAC website) – National Anti-Corruption Authority – c/o Palazzo Sciarra, Via Minghetti 10, 00187 Rome, Italy
Certified email (PEC): protocollo@pec.anticorruzione.it
Contact Center: +39 06 62289571; - EXTERNAL: ANAC (link to ANAC website) – National Anti-Corruption Authority – c/o Palazzo Sciarra, Via Minghetti 10, 00187 Rome, Italy
Certified email (PEC): protocollo@pec.anticorruzione.it
Contact Center: +39 06 62289571; - EXTERNAL: The judicial authority having territorial jurisdiction.
Protections and safeguards for the whistleblower – right to confidentiality or anonymity:
The Supervisory Body undertakes to adopt all necessary measures to ensure that the identity of the whistleblower is not disclosed. The identity of the whistleblower is protected in all contexts following the report and may not be disclosed except in cases expressly provided for by law.
It will then be the responsibility of the Supervisory Body, once the report has been received, to acknowledge receipt to the whistleblower and confirm that the report has been taken into consideration. The aforementioned Body will then be responsible for gathering additional information from the relevant departments. Once all elements necessary to verify the facts have been collected, the investigation process will begin. Reports may be submitted either by individuals who disclose their identity or on a confidential basis (where the identity is known only to the person receiving the report). Reporters are therefore requested to specify the level of confidentiality they wish to obtain.
The aforementioned reports may prove more effective than anonymous ones, as they allow for further investigation through direct communication with the whistleblower. Such communication may, however, also take place — whether through digital or paper-based means — even when the reporter remains anonymous.
Protections and safeguards for the whistleblower – prohibition of retaliation:
Possible outcomes of the report:
- At the conclusion of the investigations, if the report is found to be unfounded, it will be closed and a reasoned report will be drafted.
- At the conclusion of the investigations, if the report is found to be substantiated, the Supervisory Body shall forward the findings of the inquiry to the competent corporate bodies (in particular to the Board of Directors or to the Board of Statutory Auditors, should the violation concern members of the Board of Directors). In any case, it is ensured that the transmitted documentation does not contain any explicit or implicit references to the identity of the whistleblower.