Legislative Decree no. 231 dated 8 June 2001 introduced to the Italian legal system a regime of entities’ administrative liability resulting from certain crimes (so-called “underlying offences”) committed in the interest or to the advantage of the Company by persons acting for the Company in a representative, administrative or management capacity, as well as those exercising the management and control of the same (so-called top management) and lastly by people under the management or supervision of top management (so-called people subjected to the supervision of others).
Since 2004 Acea has adopted an Organisation, Management and Control Model pursuant to Legislative Decree no. 231/01 (“231 Organisation Model” or “Model”), designed to prevent the committing of theoretically feasible administrative crimes and offences within the scope of company business. The 231 Organisation Model is subject to constant revision and enhancement in the light of experience gained, developments in case law and theory, the legislative evolution of the Decree and company organisational changes. Acea SpA’s new Model was approved by the Company’s Board of Directors on 22 January 2020.
The Code of Ethics is an integral part of the Organisation and Management Model.
Acea encourages the adoption and effective implementation by subsidiaries of its own 231 Organisation Models, in keeping with the principles set forth by the Group Parent’s Model. The Group Companies adopt their respective Models under their own responsibility, having identified the activities which pose the risk of potential crimes being committed and the most suitable measures for the prevention thereof and appoint their own Supervisory Bodies.
Addressees of the Model, in addition to those who – even factually – perform the Company’s operational, administrative, management and control functions and employed persons – under any form of contractual relationship – also include those people who, although not part of the Company, operate for whatsoever reason on behalf of the same, together with associates and contractual counterparts in general.
In adopting the 231 Organisation Model, and consistent with the express requirements laid down by the laws in force, Acea sets itself the following general objectives:
In accordance with the provisions set forth in the Decree and the 231 Organisation Model, Acea has established a Supervisory Body, that guarantees the requisites of autonomy, independence and professionalism. The Supervisory Body has full, independent powers of initiative, intervention and control over the effective functioning and observance of the Model.
More specifically, the Supervisory Body:
The Supervisory Body must be promptly informed of whatsoever unlawful conduct pursuant to Legislative Decree no. 231/2001, as well as any breaches or circumvention of the Model and the related procedures.
For this purpose, any person who becomes aware of potential irregularities can report them via the following dedicated information channels, which guarantee, for both the reporting and the reported party, the protection of privacy in the handling of the communications received:
In carrying out its business, the Supervisory Body guarantees compliance with personal data protection regulations.