NOTIFICATION - WHISTLEBLOWERS IN THE PUBLIC INTEREST - LAW NO. 361 / 2022
People who, in accordance with the provisions of Law no. 361/2022 on the protection of whistleblowers in the public interest, wish to address internally Smithfield Romania SRL to report violations of the law, about which they obtained information in a professional context, as defined according to the mentioned normative act, can do so in writing, using the following methods:
· By email at: email@example.com
· By mail/fast courier to the address: Municipiul Timișoara, Strada Polonă, nr.4, Corp Complex P+2E, Județ Timiș, Postal Code 300523 – "Attention to the Legal Department", a mention that must be written on the envelope in which the report is sent.
Within the Company, the Legal Department is designated responsible for receiving, registering, examining, carrying out subsequent actions, and resolving reports received regarding legal violations.
To make a report, the following REPORTING FORM should be used.
WHAT IS UNDERSTOOD BY LEGAL VIOLATIONS AND INFORMATION RELATED TO LEGAL VIOLATIONS?
Legal violations refer to:
· actions or inactions that constitute non-compliance with legal provisions, related to areas such as: public procurement; financial services, products, and markets, as well as money laundering prevention; product safety and compliance; transportation safety; environmental protection; food and animal feed safety, animal health and welfare; public health; consumer protection; privacy protection and personal data and the security of networks and information systems;
· violations that harm the financial interests of the European Union, including violations of European Union competition and state aid rules;
· violations related to the internal market regarding acts that violate rules on corporate taxation or mechanisms intended to obtain a tax advantage that goes against the object or purpose of the applicable corporate tax law, which represent disciplinary deviations, offenses, or crimes, or which violate the object or purpose of the law.
Information regarding legal violations means : information, including reasonable suspicions, about actual or potential violations of the law that occurred or are likely to occur within public authorities, institutions, or other legal entities of public law, and within private legal entities where the public interest whistleblower works or worked, or with which they have been in contact through their activities, as well as information regarding attempts to hide such violations.
WHO CAN BE A WHISTLEBLOWER IN THE PUBLIC INTEREST?
Reports can be made by individuals who obtained information regarding legal violations in a professional context. This category includes at least:
· People who carry out an independent activity;
· Shareholders and people who are part of the administrative, management, or supervisory body of a company, including non-executive members of the board of directors, as well as paid or unpaid volunteers and interns;
· Any person working under the supervision and leadership of the legal or natural person with whom the contract was concluded, its subcontractors, and suppliers;
· Also, people who have not yet started their employment relationship and who report or publicly disclose information regarding legal violations obtained during the recruitment process or other pre-contractual negotiations, or in case the employment or service relationship has ended, as well as people who report or publicly disclose information regarding legal violations anonymously.
WHAT SHOULD THE REPORT INCLUDE?
The report includes, at least*, the following:
· First and last name;
· Contact details of the whistleblower in the public interest;
· The professional context in which the information was obtained;
· The person concerned, if known;
· Description of the act that may constitute a violation of the law within the public or private entity;
· Evidence supporting the report;
· Date and signature.
*Exceptionally, a report that does not include the name, surname, contact details, or signature of the whistleblower in the public interest is examined and resolved to the extent that it contains indications related to legal violations.
Reporting information regarding legal violations, knowing they are false, constitutes a contravention and is punishable by a fine ranging from 2,500 lei to 30,000 lei if the act was not committed under conditions that would be considered a crime under the law.
This notice was posted at the registered office of the company in Timișoara, Strada Polonă, nr.4, Corp Complex P+2E, Județ Timiș, as well as at the company's workplaces.