The company Valli Gestioni Ambientali S.r.l. informs all suppliers, collaborators and partners of the adoption of the Organization, Management and Control Model according to the requirements of Legislative Decree 231/2001 starting from 28.06.2023.
But what exactly does it consist of and what are the changes at the factual level?
Objectives and advantages of the application of an Organization, Management and Control Model, according to the requirements of Legislative Decree 231/2001
The Organisation, Management and Control Model refers to the Legislative Decree of 8 June 2001, “Regulation of the administrative liability of legal persons, companies and associations, including those without legal personality“, which introduced into the Italian regulatory system the notion of administrative liability of legal persons, companies and associations, including those without legal personality. without legal personality.
This decree introduced, for the first time in Italy, the liability of legal persons (companies, associations, entities, etc.) for certain crimes, committed in the interest or to the advantage of the same by:
- persons who hold representation, administration or management functions of the entity or of one of its organisational units with financial and functional autonomy, as well as by persons who exercise, in fact, the management and control of the same (so-called top management);
- persons subject to the direction or supervision of one of the above-mentioned subjects (so-called subordinate subjects).
The “administrative” liability of the entity, but characterized by criminal profiles against the entities, is flanked and does not replace the liability of the natural person who committed the crime, and may entail financial penalties, to a varying extent depending on the seriousness of the crime and the financial capacity of the entity; for the most serious cases, interdictory measures such as the suspension or revocation of licenses and concessions, the prohibition to contract with the Public Administration, the prohibition from carrying out the activity, the suspension or revocation of funding and contributions, the prohibition to advertise goods and services.
The Decree provides for a form of exemption from liability if it proves that it has adopted and effectively implemented, before the commission of the act, Organisation, Management and Control Models suitable for preventing the commission of the offences in question, and if it has established an internal control body within the entity (Supervisory Body) with the task of supervising the functioning and compliance with the Models themselves.
These Organisation, Management and Control Models must meet the following requirements, including identifying the processes and activities in which offences may be committed, providing for specific “protocols” and procedures useful for preventing the commission of offences, identifying methods for managing financial resources suitable for preventing the commission of offences, providing for information obligations towards the Body (SB) responsible for supervising the functioning and on compliance with the Model, introduce a disciplinary system suitable for sanctioning non-compliance with the measures indicated in the Model.
Why is this model important for a company like Valli Gestioni Ambientali S.r.l.?
With the adoption of the Organisation, Management and Control Model, Valli Gestioni Ambientali S.r.l. aims to adopt a set of principles of conduct and procedures, in addition to the organisational and internal control tools, which meets the purposes and requirements of the Decree.
The adoption and effective implementation of the Model represents not only a tool for the prevention of any crimes, but also improves, as a set of rules to which corporate representatives are required to comply, the corporate governance of the Company, i.e. the set of principles and mechanisms that govern the operation of Valli Gestioni Ambientali.
The Model 231 is a tool for the construction of a structured and organic system of procedures and control activities to be carried out mainly on a preventive basis and such that it cannot be violated except by fraudulently circumventing its provisions, aimed at preventing the commission of the crimes provided for by Legislative Decree 231/2001, including, for example: illegal waste trafficking, environmental pollution, failure to report an environmental disaster, violation of workplace safety regulations that pose risks to the health of employees.
This important step demonstrates the continuous commitment of Valli Gestioni Ambientali S.r.l. in the prevention of crimes and in maintaining the highest standards of integrity, responsibility and transparency in its business.
The descriptive document of the Model, called the General Part, the Code of Ethics and the Disciplinary System, are available on the web page at https://www.valli-ambiente.it.
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