Terminali Italia has implemented a whistleblowing management process according to Law No. 179/2017, the so-called “whistleblowing law”, to help prevent unlawful acts, irregularities or conduct in violation of the Organisation, Management and Control Model pursuant to Legislative Decree 231/2001, the FS Group Anti-Corruption Policy, the FS Group Code of Ethics, laws or regulations.

According to the whistleblowing management process - an integral part of the 231 Model - reports can also be submitted and communicated anonymously. In fact, the FS Group ensures the confidentiality of the whistleblower's identity and prohibits any form of retaliation or discrimination against anyone who has made a report.

Whistleblowing can be done, including anonymously, by both FS Group staff and outsiders, in particular:

  • the "people of the FS Group" - permanent and temporary employees and members of administrative and supervisory bodies;
  • "third parties" - individuals who in various capacities maintain and have maintained or intend and have intended to maintain employment, collaboration or business relations with the FS Italiane Group.

TMI recommends that the whistleblower's identity be made explicit in the reports (however, confidentiality is ensured at all stages of the process of receiving and handling the report), as it makes it easier to verify the reported facts and, at the same time, to ensure the whistleblower’s protection and inform him or her of the outcome of the investigations carried out.

Reports may relate to facts that have already occurred or are likely to occur, even if merely omissive, referring to persons of the FS Group or third parties, which may constitute unlawful acts, irregularities or conduct in violation of the 231 Model and the procedures that constitute its implementation, the FS Group Anti-Corruption Policy, the Code of Ethics as well as laws, regulations or internal rules (e.g. on corruption, antitrust, money laundering, etc.) or in any case conduct that may cause damage or harm, even if only in terms of image or reputation, to the FS Group.

Reports must be made promptly in relation to the knowledge of the facts so as to make it practically possible to verify them and must concern facts of which the whistleblower has direct knowledge. 

To enable fact-finding verifications, reports should preferably contain the following information:

  • the whistleblower’s details;
  • clear and complete description of the events being reported;
  • if known, the time and place where and when the events took place and the general information or other elements that allow to identify the reported subjects;
  • indications of any other subjects who can report on the facts being reported and any documents that can substantiate the facts.

Communications, grievances, claims, and petitions that deal with issues other than those of the reports are excluded. Reports should not concern grievances of a personal nature.

In order to facilitate the receipt of reports, TMI provides suitable transmission channels and, in particular:

  • by ordinary mail to •  Terminali Italia S.r.l., Comitato Etico di Terminali Italia S.r.l.  Piazza Croce della Rossa, 1 - 00161 Roma or • to Organismo di Vigilanza c/o Segreteria Tecnica ODV Terminali Italia S.r.l. c/o Direzione Internal Audit RFI S.p.A.- Piazza Croce della Rossa, 1 - 00161 Roma;
  • by e-mail to the e-mail address (organismo.vigilanza@pec.terminaliitalia.it, comitatoetico@pec.terminaliitalia.it);
  • verbally, by means of a statement made by the whistleblower, at a special hearing, to the TMI Ethics Committee/Supervisory Board, recorded in the minutes and signed by the whistleblower.

The management of the mentioned communication channels is handled by the Technical Secretariat of the Supervisory Board and the Ethics Committee, with the support of the corporate functions responsible for internal and external communication and information systems.

In compliance with legal provisions, TMI:

  • ensures that the whistleblower’s identity remains confidential;
  • prohibits any form of retaliation or discrimination against anyone who has made a report and third parties related to the whistleblower, and takes measures to protect the rights of reported persons.

To ensure retaliation is not carried out against the whistleblower, monitoring of the whistleblower's work situation is activated for TMI employees for a period of two years from the date of the report.

Individuals in any capacity involved in the handling of reports are required, to the extent provided by law, to maintain confidentiality regarding the existence and content of the report and the activity carried out in this regard, and guarantee the confidentiality of the whistleblower, the reported person, and other individuals involved in accordance with the provisions of current regulations.

Disclosure to the Whistleblower and the Reported Person

▶ Whistleblower

For reports made by name (in which the whistleblower has declared his or her personal details), the whistleblower is notified of the receipt and acknowledgement of the report through the prescribed communication channels.

▶ Reported Person

The reported person is informed of the existence and content of the report, a copy of which may be acquired (without evidence of the whistleblower's name) and about the outcome of the investigations carried out.

In both cases, certain precautions are provided to exclude prejudice to the purposes and interests at stake (e.g., disclosure to the whistleblower on the results of the checks may be omitted if the whistleblower's rights may be unduly prejudiced, disclosure to the whistleblower may be delayed or omitted in order to avoid possible risks of undermining the investigations to be carried out, and, in any case, when the whistleblower's identity may be traced even indirectly by making the disclosure).

The Process

Reports are addressed to the TMI Ethics Committee and/or the Supervisory Board.

The Ethics Committee and the Supervisory Board ensure the reciprocal forwarding of reports received according to competence. In particular, the Ethics Committee shall forward to the Supervisory Board of TMI, all reports received concerning TMI, even if it is involved together with other Group Companies, so that the Supervisory Board in its sole discretion can assess their potential relevance under Decree 231 and, consequently, decide on the relative competence to handle them.

If the report, at the outcome of a preliminary verification, turns out to be circumstantial, the investigative activities are carried out, in order to ascertain whether or not the reported facts are well-founded. 

In carrying out the preliminary verification and/or any subsequent preliminary stage, the Ethics Committee/Supervisory Board may rely on the support of RFI's Internal Audit Department.

Reports concerning only other Group Companies are forwarded to the relevant bodies of the company concerned (Ethics Committee/Supervisory Board) for investigation.

As part of the reporting process, personal data is processed in compliance with the relevant regulations (EU Regulation 679/2016 and Legislative Decree 196/2003, as amended by Legislative Decree 101/2018).