Reports

Whistleblowing reporting channels under Legislative Decree 24/2023.

In compliance with the provisions of Legislative Decree 24/2023, THE OMR GROUP (comprising OMR SRL, OMR ROVERETO S.p.A., NUOVA TECNODELTA SPA, INTERCAR SPA, FMB SRL, and OMR-FONDERIE S. FELICE SRL) has established the following internal reporting channels:

• written reporting channel via this web application: www.omrautomotive.it/segnalazioni;
• oral reporting channel via a recorded voice mailbox at the following dedicated number: +393404256608.

Pursuant to Article 3, paragraph 2, letter b), of Legislative Decree 24/2023, and without prejudice to the possibility of contacting the competent Authority directly, THE OMR GROUP requires its employees and all those who have legal relationships with it — including cases where their contractual relationship has ended or is still in a pre-contractual phase — if they have become aware of the following in the course of their work or professional activity, to report:

1. any violation, or well-founded suspicion of any violation, that has been committed, or that — based on precise and consistent factual evidence — could be committed, in breach of the Group’s Code of Ethics, the rules contained in the Organization, Management and Control Models adopted pursuant to Legislative Decree 231/2001 by the individual companies belonging to it, and the Company Procedures referenced therein;
2. any conduct or omission, or well-founded suspicion of any conduct or omission, constituting — or that, based on precise and consistent factual evidence, could constitute — one of the offenses provided for by Legislative Decree 231/2001;
3. any potential violation, or well-founded suspicion of any potential violation, of the provisions referenced in Article 2, paragraph 1, letter b), numbers 3), 4), 5), and 6) of Legislative Decree 24/2023.

Through these channels, THE OMR GROUP guarantees the confidentiality of the identity of the reporting person, the person involved, and any person otherwise mentioned in the report, as well as the confidentiality of the content of the report and any related documentation.

The management of these channels is entrusted to a third party, independent and autonomous from THE OMR GROUP (hereinafter also referred to as the “reports manager”).

Anyone wishing to submit a report (hereinafter “the whistleblower”) must indicate: (i) the circumstances of time and place in which the reported event occurred; (ii) a description of the event and how they became aware of it; (iii) if known, the personal details or other information enabling identification of the person to whom the reported facts can be attributed.
Where possible, the whistleblower is also requested to attach documents that may provide grounds substantiating the reported facts, as well as to indicate any other persons potentially aware of the facts.

The whistleblower will be issued an acknowledgment of receipt of the report within seven days of the date of receipt.
The reports manager will ensure ongoing communication with the whistleblower, including the possibility of requesting further information from them, if necessary.
THE OMR GROUP ensures and guarantees that whistleblowing reports or reports to the competent judicial Authority will not lead to any form of retaliation, whether merely attempted or threatened, against the whistleblower or any other persons who have assisted them in making the report.
Furthermore, reports may not be used beyond what is necessary to give them appropriate follow-up. The identity of the whistleblower and any other information from which such identity can be directly or indirectly inferred may not be disclosed, without the express consent of the whistleblower, to persons other than those competent to receive or follow up on reports.

THE OMR GROUP will NOT consider the following as whistleblowing reports: anonymous reports; reports that are clearly unfounded due to the absence of factual elements suitable to justify further investigation; reports with content so generic as to prevent an understanding of the facts, or accompanied by inappropriate or irrelevant documentation; and reports that are already entirely in the public domain or based solely on unreliable rumors or hearsay (so-called “office gossip”).
Pursuant to the law, disputes, claims, or requests connected to a personal interest of the whistleblower that relate exclusively to their own individual employment relationships, or to their working relationships with hierarchically superior figures, will likewise not be considered whistleblowing reports.

Please note that current legislation allows reports to be made, including through an external channel, to ANAC only if the internal channel is not active, or is active but does not comply with the legislator’s requirements regarding the persons and procedures for submitting reports, or if the whistleblower: (i) has already made an internal report that has not been followed up; (ii) has well-founded reasons to believe that, if they were to make an internal report, it would not be effectively followed up, or that the report itself could give rise to a risk of retaliation; or (iii) has well-founded reasons to believe that the violation may constitute an imminent or evident danger to the public interest.
Also under current legislation, the whistleblower may make a report consisting of public disclosure where they have made an internal report concerning the cases referred to in point 1) above that has not received a response within the prescribed timeframe, and this has been followed by an external report to ANAC, which has also failed to provide a response.

It should also be noted that a finding, even by a non-final first-instance judgment, of criminal liability against the whistleblower for the offenses of slander or defamation, or in any case for the same offenses committed through the report, or of civil liability for having provided false information reported intentionally or through willful misconduct or negligence, may result — in the case of an employee — in disciplinary action, and — in the case of third parties — also in the termination of the relationship with THE OMR GROUP and a claim for damages.

For any further information or clarification, please refer to the provisions set out in the General Section of the Organization, Management and Control Models adopted by the individual companies of THE GROUP and published on the website www.omrautomotive.it.