Administrative responsibility (law 231)
Snam has adopted an organisational, management, monitoring and control model to protect against the risk of illegal activities being committed in the company’s interest or to its advantage. To support this control activity, Snam runs a dedicated training programme for Snam employees.
Legislative Decree No. 231 of 8 June 2001 – referred to as Law 231 in Italy – addresses administrative liability of companies, stating that companies that are found liable may face penalties for crimes committed or attempted by directors or employees in the interest or to the advantage of the company. Law 231 states that a company cannot be held liable if, prior to the crime being committed, it adopted and effectively implemented organisational, management and control models designed to prevent this kind of crime, and has established a body for monitoring their functioning and compliance.
The model below is followed by Snam and all its subsidiaries.
How administrative responsibility connects with Snam’s code of ethics
Snam’s Code of Ethics sets out the expectations for business that the company and its employees recognise, accept and promote. The Watch Structure and other forms of control and monitoring are requirements of Model 231 and are reflected throughout the code of ethics.
Model 231 prescribes principles, rules and provisions that concern the management and control of each company’s processes
Snam paid considerable attention to the implementation of Model 231, particularly in terms of improving business procedures, personnel training and operating specific control programmes.
Snam’s Model 231 represents a set of principles and the reference point for defining the model of each subsidiary. Each subsidiary, in turn, institutes its own Watch Structure. Model-implementation activities are also applied to the subsidiaries, with a particular focus on control activities
Snam has adopted and constantly updated its Model 231
Model 231 of Snam has been adopted for the first time in 2004 and lastly updated in July 2013. The main changes were:
- the alignement of the Model 231 with the corporate system framework (which identifies Snam’s corporate processes)
- the using of a process-specific logic to redefine the operational and methodological approach
- the increasing of flows of information to Snam’s Watch Structure and from the Watch Structure to senior management
- the revision of the Code of Ethics and the Anti-corruption system of rules and procedures, including the provisions of the Italian Anti-Corruption Law and of the UK Bribery Act (relating to Snam's investments overseas, particularly in the UK)
- the implementation of Snam's new organisational, shareholder and ownership structure.
Snam’s multifunctional "Team 231" was created to identify and carry out the activities required to update the new model. All companies controlled by Snam have adopted a Model 231 to reflect their specific businesses and have appointed oversight bodies to monitor its implementation and effective application.
Snam developed a training programme for all of its employees to ensure that they understand the
substance of the updated Model 231, understand how it is relevant to Snam’s ethics and values, and
to encourage them to help continually improve the control system. This training programme is an
important tool for raising awareness among managers and all employees of how to comply.
A two-year training period dedicated to the code of ethics, model 231 and anti-corruption issues - addressed to the entire population equipped with personal computers – was completed in 2014. Overall, 11,751 hours of training were provided with the attendance of 3,917 people.
The Watch Structure is composed by three external members, as a good practice partly to ensure transparency and impartiality and partly to ensure the presence of members with specific areas of expertise, thereby enabling the body to perform its duties effectively.
|Gian Luigi Tosato||External member (Chairman)|
|Giovanni Maria Garegnani||External member|
|Ugo Lecis||External member|
The Watch Structure also acts as Guarantor of the Code of Ethics with the task of promoting the implementation of the Code and the dissemination and knowledge of the same. The Guarantor of the Code of Ethics has also the task of investigating reports of possible violations of the Code of Ethics, by promoting proper inquiry procedures.
30 August 2016 - 11:25 CEST