The regulation regarding the "liability of entities for administrative offences arising from crimes", pursuant to Legislative Decree no. 231/01, states that companies can be sanctioned with a fine or interdiction order for specific types of offence or administrative crimes committed or attempted 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 person exercising 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).

In May 2004, Acea adopted its first Organisation, Management and Control Model (231 Organisational Model), which aimed to prevent the committing of theoretically feasible offences and administrative crimes within the scope of company business. Acea's 231 Organisational Model is subject to ongoing revision and enhancement in the light of experience gained, developments in case law and theory, the legislative evolution of the Decree and corporate organisational changes.

The Code of Ethics  is an integral part of the Organisation and Management Model.

Objectives of the 231 Model

When adopting the 231 Organisational Model, and as expressly required by the laws in force, Acea's general objectives were as follows:

  • to prevent the risk of theoretically feasible offences and administrative crimes being committed within the scope of the company business;
  • to promote knowledge of activities that imply a risk of offences of significance for the company being committed (risk activities) and the rules (methods and procedures) regulating the risk activities; to provide information for recipients on the methods and procedures to follow when carrying out risk activities; to raise awareness as tregards the sanctions that they or the company may incur in cases where laws, rules or internal provisions are breached;
  • to promote the dissemination, personal acquisition and material acceptance of a business culture imbued with legality, in the knowledge that the company expressly disapproves of any conduct contrary to law, rules, corporate governance regulations, the instructions issued by the supervisory and control authorities and internal provisions;
  • to promote the dissemination, personal acquisition and material acceptance of a control culture, which must apply to the achievement of the objectives
  • to ensure a clear assigment of powers and an adequate control system

Supervisory Body

In accordance with the Decree and the 231 Organisational Model, Acea has set up a Supervisory Body (OdV), with full, independent powers of initiative, intervention and control, to supervise the functioning and effectiveness of the Model.

More specifically, the OdV:

  • monitors and verifies the Model's effectiveness, adequacy and compliance
  • monitors activities pertaining to the implementation and updating of the Model
  • prepares proposals for updating the Model addressed to the Board of Directors, wherever the need arises for adjustment in connection with changes in the company's circumstances and legislation
  • reports to the competent bodies any breaches, ascertained or being investigated, regarding the Organisation and Management Model, which could give rise to a liability for the company

The recipients of the 231 Organisational Model may report any non-compliance with the same to the OdV
using the e-mail address: organismodivigilanza231@aceaspa.it  
or by mailing a paper copy to the Acea SpA Supervisory Body - P.le Ostiense, 2 - 00154 Rome.

Acea encourages its subsidiaries to use and effectively implement their own 231 Model, according to the principles set forth by the Organisational Model of the parent company. The Group companies are responsible for adopting their own Organisational Model, once they have identified the activities at risk of committing offences and the most suitable measures to prevent their occurrence.