Reporting offences

TMB – GEIE has implemented a system for the receipt and management of reports – made by employees or seconded personnel and/or by authorised third parties – regarding violations of national or European Union regulatory provisions, violations of internal regulations (rules of conduct laid out in the Code of Ethics, in the Organisation, Management and Control Model pursuant to Italian Legislative Decree no. 231 of 8 June 2001, in the Anti-Corruption Guidelines, in the Code of Conduct, and more generally in the corpus of company regulations), illicit conduct and irregularities regarding TMB – GEIE activities.
 
More specifically, pursuant to the provisions of Italian Legislative Decree no. 24 of 10 March 2023 and, where compatible, of article 17 of the law known as Loi Sapin II regarding “les Enquêtes internes anticorruption”, TMB – GEIE has set up an internal reporting channel which, including through the use of encryption tools, guarantees confidentiality of the identity of the whistleblower, the person involved and the person mentioned in the report, as well as the content of the report and relative documentation.
 
Management of the reporting channel is entrusted to the Supervisory Body in the forms provided for by the Organisation, Management and Control Model and the procedure “Management of reports of violations of national and European Union regulations pursuant to Italian Legislative Decree no. 24 of 10 March 2023 implementing Directive (EU) 2019/1937” adopted by TMB – GEIE. 
 
More specifically, initially only the Co-ordinator of the Supervisory Body, external to TMB-GEIE, is able to view the contents of the report; only in the event that they do not determine conflicts of interest can they authorise the other members of the Body to view it. Otherwise, they are authorised to proceed with the checks independently and to report the results, depending on the case, directly to the Managing Director, the Committee of Concessionary Companies, or the Assembly of Members.
The limitations outlined above derive from the configuration of the program and can be modified only by the Co-ordinator of the Supervisory Body.
 
HOW TO MAKE REPORTS
 
Whistleblowers can make a report to the TMB – GEIE Supervisory Body through one of the following alternative methods:
 
1) In writing via the encrypted platform, accessible at the following link 
https://tunnelmb.segnalazioni.net
 
2) Orally, by requesting a direct meeting with the Supervisory Body or with the Co-ordinator alone within ten (10) days, via appointment. During the meeting, the report, with the whistleblower's consent, is documented by the Supervisory Body through recording to a device suitable for storage and playback, or via a written report. In the latter case, the whistleblower can check, correct and confirm the report of the meeting before signing it.
 
If the Co-ordinator of the Supervisory Body is a person involved in the report, the whistleblower must make use of other forms of reporting, complaint or disclosure provided for by the Decree. More specifically, they may contact the National Anti-Corruption Authority (Autorità nazionale anticorruzione - ANAC) via its whistleblowing channel, available at the following link: https://whistleblowing.anticorruzione.it/#/ 
 
WHO CAN MAKE REPORTS
 
Reports can be made:
a) By any employee of TMB-GEIE, including employees seconded from Concessionary Companies SITMB and ATMB ;
b) By independent contractors, including those specified in Chapter I of Italian Law no. 81 of 22 May 2017 governing self employment, as well as holders of a business relationship (temporary/project-based) pursuant to article 409 of the Italian Code of Civil Procedure and article 2 of Italian Legislative Decree no. 81 15 June 2015 (freelance work organised by the customer), who perform work for TMB-GEIE;
c) By employees or contractors of suppliers of goods and services which carry out work for TMB-GEIE;
d) By freelancers and consultants who work at TMB-GEIE;
e) By volunteers and interns, both paid and unpaid, who work at TMB-GEIE;
f) By Members of the Group Contract and people who carry out administrative, management, supervision, oversight or representation for TMB-GEIE, even only on a de-facto basis.
 
SUBJECT OF THE REPORT
 
The following fall under conduct for which a report can be made:
a) Administrative, accounting, civil or criminal offences which do not fall under the examples given in c), d), e) and f) below;
b) Significant illegal conduct as specified in Italian Legislative Decree no. 231 of 8 June 2001, or violations of the Organisation, Management and Control Model, Code of Ethics, Code of Conduct or Anti-Corruption Guidelines adopted by TMB – GEIE, which do not fall under points 3), 4), 5) and 6) below;
c) Offences which fall under the scope of applicability of EU or national acts specified in the annex to Italian Legislative Decree no. 24 of 10 March 2023, in other words national acts which represent implementation of the EU acts specified in the annex to Directive (EU) 2019/1937, despite not being specified in the annex to the Decree. These include:

• Transportation safety;


• Environmental protection;


• Product safety and conformity;


• Public tenders;


• Public health;


• Protection of private life, protection of personal data and security of IT systems and networks;


• Financial markets, products and services, and prevention of money laundering and financing of terrorism;


• Consumer protection;


• Safety of food and feedstuffs, and animal health and well-being.

d) Acts or omissions which harm the financial interests of the Union as defined inarticle 325 Treaty on the Functioning of the European Union specified in the pertinent EU secondary law;
e) Acts or omissions relating to the internal market, referred to in article 26, paragraph 2 TFEU, including violations of European Union regulations on competition and state aid, as well as internal market violations relating to acts which violate corporate tax regulations or mechanisms whose purpose is to obtain a tax benefit which nullifies the purpose or goal of applicable corporate taxation regulations;
f) Acts or conduct which nullify the purpose or goal of the provisions of EU acts in the sectors specified in points c), d) and e).
 
CONTENT OF THE REPORTS
In order to improve the effectiveness of the investigation, we encourage sending of reports containing all available information in the clearest and most complete manner possible, which represents the elements useful and appropriate to allow the necessary verification of the validity of the reported facts. 
It is particularly important for this to be sent in a timely manner and include, where these elements are known by the whistleblower:
• A detailed description of the facts underlying the report, specifying the known circumstances (manner, time and place) and the way the whistleblower became aware of them;
• Identifying elements of the reported party (or parties), to the extent known, or else elements which can allow their identification;
• Names of any other persons who can provide facts pertinent to the reported information;
• Any documents they are in possession of which could confirm the validity of the report
 
The following are not included in the list of violations which can be reported:
• Information without basis in fact;
• Information which is already in the public domain;
• Data acquired on the basis of rumours or unconfirmed reports;
• Objections, claims or requests linked to personal interests involving the individual work relationship of the whistleblower;
• Claims by trade union representatives operating in this role.
Any anonymous reports will be subject to assessment with regard to their admissibility and validity. More specifically, TMB-GEIE takes anonymous reports into consideration when they are sufficiently detailed, in such a way as to reveal facts and situations by relating them to given contexts (e.g. indication of specific names or qualifications, mention of specific offices, particular events or procedures etc.).
 
SAFEGUARDS
 
Safeguarding of whistleblowers applies in the following cases:
1. When the legal relationship referred to above is in force;
2. When the legal relationship referred to above has not yet begun, if the information on the violations was acquired during the hiring process or other pre-contractual phases;
3. During the trial period;
4. Following termination of the legal relationship if the information on violations was acquired during the course of the relationship itself.
 
In addition to the whistleblower, the safeguards also apply to the following parties:
• The “facilitator” (person who assists the whistleblower in the reporting process and operates within the same work context); 
• Persons from the same work context as the whistleblower or who are linked to the whistleblower by a stable emotional relationship or related by no more than four degrees of kinship. 
• Work colleagues of the whistleblower who work in the same work context and who have a habitual and current relationship with them;
• Entities owned by the whistleblower or for whom the same people work, as well as entities operating in the same work context as the aforementioned persons.
 
The safeguards are effective only if: 
• At the time of the report, the whistleblower had good reason to believe that the information on the violations was true and fell within the objective scope of the Decree; 
• The report was made pursuant to the requirements laid out in the Decree