Notice – Public Interest Whistleblowers – Law No. 361 / 2022
Individuals who, in accordance with the provisions of Law No. 361/2022 on the protection of whistleblowers in the public interest, wish to report violations of the law of which they became aware in a professional context (as defined by the aforementioned legislation), may use the internal reporting channel of Smithfield Romania SRL in writing through the following means:
• By email at: avertizori@comtim.ro
or
By post/courier to the address: Timișoara, Strada Polonă, No. 4, Complex Building P+2E, Timiș County, Postal Code 300523 – “To the attention of the Legal Department”. This mention must be clearly written on the envelope used for submitting the report.
Within the company, the Legal Department is designated as responsible for receiving, registering, reviewing, taking follow-up actions, and resolving reports of legal violations.
To submit a report, please use the following REPORTING FORM.
WHAT IS UNDERSTOOD BY VIOLATIONS OF THE LAW AND INFORMATION REGARDING SUCH VIOLATIONS?
Violations of the law refer to:
• actions or omissions that breach legal provisions in areas such as: public procurement; financial services, products and markets, including prevention of money laundering; product safety and compliance; transport safety; environmental protection; food and feed safety, animal health and welfare; public health; consumer protection; privacy and personal data protection; and security of networks and information systems;
• violations that affect the financial interests of the European Union, including breaches of EU rules on competition and state aid;
• violations concerning the internal market regarding acts that infringe rules on corporate taxation or mechanisms aimed at obtaining a tax advantage contrary to the purpose or intent of applicable tax law, which constitute disciplinary offenses, misdemeanors, or crimes, or which conflict with the object or purpose of the law;
Information regarding legal violations includes: facts, including reasonable suspicions, about actual or potential breaches of the law that have occurred or are likely to occur within public authorities, institutions, or other legal entities governed by public or private law where the whistleblower works, has worked, or has come into contact with through professional activities, as well as information about attempts to conceal such violations.
WHO CAN BE A WHISTLEBLOWER IN THE PUBLIC INTEREST?
Reports can be submitted by individuals who have obtained information about legal violations in a professional context. This category includes, at a minimum:
• Workers;
• Self-employed individuals;
• Shareholders and persons who are part of the management, administrative, or supervisory body of a company, including non-executive board members, as well as volunteers and paid or unpaid interns;
• Any person working under the supervision and direction of the individual or legal entity that concluded the contract, including its subcontractors and suppliers;
• Additionally, reports can be submitted by individuals whose employment has not yet started but who disclose information obtained during the recruitment process or other pre-contractual negotiations, as well as by individuals whose employment or service relationships have ended, and by those who report or publicly disclose information anonymously.
WHAT SHOULD THE REPORT INCLUDE?
The report must include at least the following:
• Full name;
• Contact details of the whistleblower;
• 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.
*By exception, reports that do not include the name, surname, contact details, or signature of the whistleblower may still be reviewed and resolved if they contain indications of legal violations.
FALSE REPORTING
Submitting information about legal violations while knowing the information is false constitutes a contravention and is punishable by a fine ranging from 2,500 lei to 30,000 lei, unless the act was committed under conditions that qualify it as a criminal offense under the law.
This notice has been posted at the company’s headquarters in Timișoara, Strada Polonă, No. 4, Complex Building P+2E, Timiș County, as well as at the company’s work sites.