Reports within the meaning of Law nr. 361 of 2022 on the protection of whistleblowers in the public interest

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ALPIN 57 LUX S.R.L ensures confidentiality regarding the identity of the whistleblower in the public interest

General information

Depending on the method by which persons reporting breaches of law (persons generically referred to as whistleblowers) in the Work-related Context, may use the following communication channels, established by ALPIN:

Internal reporting, through the means provided by the Company, these constituting the internal reporting channels;

  • by phone: +40743.172.192,  from Mon-Fri between 9.00 and 17.00.
  • by completing the Report Form and sending it either by e-mail to the e-mail address: facilitator@foodunion.ro, 
  • either by mail, at the company’s headquarters:  Str. Mihail Kogalniceanu no. 46, RO-515800, Sebes, Alba 

And

  • External reporting, carried out through external reporting channels represented by authorities (National Integrity Agency as well as other public entities that, according to special legal provisions, receive and solve reports on breaches of law, in their field of competence): online, on the Whistleblowers Platform (https://avertizori.integritate.eu/);
  • by e-mail to avertizari@integritate.eu;
  • by phone, at 0372.069.869 by selecting keys 1 (Select Romanian), 0 (Conversation recording agreement), 3 (Public Interest Whistleblowers Directorate); Conversations will be recorded automatically.
  • through postal services at ANI’s address in Lascăr Catargiu Boulevard nr. 15, Postal Code 010661, Sector 1, Bucharest – Romania – To the attention of the Public Interest Whistleblowers Directorate;
  • personally, by presence at ANI headquarters (with prior appointment made at the email address avertizari@integritate.eu).

Legal framework

LAW no. 361 / 2022 on the protection of whistleblowers in the public interest

Frequent questions

A. What is meant by the expression “Violations of Law”?

By violations of law, we understand acts consisting of an act or inaction that constitutes non-compliance with the legal provisions set out in Annex no. 2 of Law nr. Regulation (EC) No 361/2022, which concerns areas such as:

  • public procurement;
  • financial services, products and markets, prevention of money laundering and terrorist financing;
  • product safety and compliance;
  • transport safety;
  • environmental friendliness;
  • radiological protection and nuclear safety;
  • food and feed safety, animal health and welfare;
  • public health;
  • consumer protection;
  • protection of privacy and personal data and security of network and information systems.

They also concern:

  • breaches affecting the financial interests of the European Union (as referred to in Article 325 of the Treaty on the Functioning of the European Union and as detailed in the relevant European Union measures);
  • infringements relating to the internal market (referred to in Article 26 para. (2) of the Treaty on the Functioning of the European Union), including breaches of European Union competition and State aid rules, as well as breaches relating to the internal market as regards acts which breach corporate tax rules or arrangements the purpose of which is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law,  which constitute disciplinary offences, contraventions or offences, or which are contrary to the object or purpose of the law.

B. What happens in case of untrue reporting?

Reporting information on violations of the law, knowing that they are unreal, is a contravention and is sanctioned with a fine from 2,500 lei to 30,000 lei, if the act was not committed under such conditions as to be considered, according to the law, a crime.

C. Who can report?

Persons who have obtained information on breaches of law may report in a work-related context. Such persons shall include at least:

  • The  Company’s employees, regardless of the type of individual employment contract concluded with the Company (fixed/indefinite term individual employment contract, part-time/full-time individual employment contract, with telework) and/or the position occupied by employees, temporary employees, delegated and/or seconded employees in the Company’s headquarters;
  • Self-employed persons within the meaning of Article 49 of the Treaty on the Functioning of the European Union;
  • Shareholders and persons belonging to the administrative, management or supervisory body of an undertaking, including non-executive members of the board of directors, as well as volunteers and paid or unpaid trainees;
  • Any person working under the supervision and direction of the natural or legal person with whom the contract has been concluded, its subcontractors and suppliers.
  • Persons whose employment relationship has not yet begun and who report through internal or external reporting channels or publicly disclose information on breaches of law obtained during the recruitment process or other pre-contractual negotiations or where the employment relationship or service relationship has ended;
  • persons who report or publicly disclose information on breaches of law anonymously.

D. What are the differences between anonymous reporting and nominal reporting?

A whistleblower may report nominally or anonymously. From a procedural point of view, the main differences between the 2 reporting modalities are:

  • Anonymous reporting cannot be improved by providing further solid indications, while reporting containing whistleblower identification data can be improved by subsequent communication between the integrity inspector and the whistleblower;
  • The person who reports breaches of law anonymously cannot benefit from exemption and protection in accordance with the provisions of Law nr. 361/2022;
  • The person who reports breaches of law anonymously cannot be notified of the record of the report, the progress made and how to resolve it.

E. What are the conditions established by law for protection?

In order to benefit from protection measures, the whistleblower must cumulatively meet the following conditions:

  • be one of the persons reporting according to the provisions of Article 2 para. (1) of Law nr. 361/2022 and who obtained information relating to breaches of law in a work-related context;
  • had reasonable grounds to believe that information on breaches reported was true at the time of reporting;
  • have made an internal reporting, external reporting or public disclosure.

In order to benefit from the remedies, the whistleblower must cumulatively fulfil the above conditions as well as the condition that retaliation is the consequence of the report made.

They also benefit from these measures:

  • Facilitators;
  • third persons linked to the whistleblower who could suffer retaliation in a work-related context, such as colleagues or relatives;
  • legal persons owned by the whistleblower or for whom the whistleblower works or has other types of links in a work-related context;
  • the whistleblower who anonymously reported or publicly disclosed information on breaches but is subsequently identified and retaliates;
  • whistleblower reporting to competent institutions, bodies, offices or agencies of the European Union.

F. What should reporting cover?

The reporting shall include, at least, the following:

• name and surname;

• contact details;

• the professional context in which the information was obtained;

• name and surname of the data subject, if known;

• description of the act likely to constitute a violation of law;

• evidence to support the report, where applicable;

• indication of other persons who are aware of the event;

• any documents or other evidence available to support the information provided (e.g. written documents such as notes/reports/invoices/other financial documents/etc.);

• any other information likely to facilitate the identification of the reported fact;

• date;

• signature of the whistleblower.

By way of exception, the report that does not include the name, surname, contact details or signature of the whistleblower in the public interest shall be examined and resolved to the extent that it contains serious indications of breaches of law.

G. What is the procedure applicable to reporting breaches of law, including how the whistleblower may be requested to clarify the information reported or provide additional information, the deadline for informing the whistleblower, and the type and content of the disclosure?

Persons who report breaches of law, which have occurred or are likely to occur within authorities, public institutions, other legal persons governed by public law, as well as within legal persons governed by private law, shall have at their disposal the following means of reporting:

Internal channels – within the public or private entities in which they operate (for more details see Chapter III of Law no. 361/2022);

External channels – the National Integrity Agency as well as other public entities that, according to special legal provisions, receive and resolve reports on breaches of law, in their field of competence (for more details see Chapter IV of Law no. 361/2022);

Public disclosure – press, professional, trade union or employers’ organizations, non-governmental organizations, parliamentary committees, etc. (for more details see Chapter V of Law no. 361/2022);

The report shall be made in writing, on paper or electronically, or by face-to-face meeting at the request of the whistleblower. The designated person has the obligation to inform the whistleblower about the registration of the report within 7 calendars days. In dealing with the report and following up, the designated person of the competent authorities shall maintain contact with the whistleblower in order to request further information and inform. The designated person of the competent authorities is obliged to inform the whistleblower within a reasonable period of time, not exceeding 3 months or, in justified cases, 6 months from receipt of the report, as well as whenever there are developments in the follow-up, unless the disclosure could jeopardise their performance. Upon completion of the examination, the designated person shall draw up a report containing the following: an account of the situation which was the subject of the report, including a description of the information brought to the attention of the competent authority through the recorded report and, where appropriate, by communicating to the authorities, public institutions, other legal persons governed by public law concerned, as well as to legal persons governed by private law, conclusions and recommendations which may include references to possible protective measures. The manner of settlement shall be communicated within 5 days from the completion of the examination to the whistleblower and the person concerned.

H. What is the nature of the follow-up that can be taken to resolve the reports?

In order to resolve the report, follow-up is any action taken by the addressee of an internal report or by the competent authority to address the report and, where appropriate, remedy the breach reported.