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Information for whistleblowers - WHISTLEBLOWING


pursuant to Section (2)(b) of Act No. 171/2023 Coll., the Whistleblower Protection Act

Pursuant to Act No. 171/2023 Coll., on the protection of whistleblowers (the "Act"), Powertica Commodities AG, odštěpný závod (the "Company") has introduced an internal whistleblowing system intended only for persons who have become aware of possible unlawful conduct at the Company in connection with the performance of work or other similar activities for the Company.

reports cannot be accepted through the Company's internal whistleblowing system from persons who do not perform work or other similar activities for the Company pursuant to Section 2(3)(a), (b), (h) or (i) of the Act. Such persons may submit reports through the external whistleblowing system of the Ministry of Justice. See the information below.

Contact details of the competent person designated by the Company to perform activities pursuant to the Act:

Secure phone: +420 222 183 438 (this phone number is only accessible by the competent person)

Secure email: e-mail

Address for sending reports:
Powertica Commodities AG, odštěpný závod
V celnici 1031/4, Nové Město
110 00 Prague 1

How to make reports through the Company's internal whistleblowing system:

reports may be made through the Company's internal whistleblowing system to the competent person as follows:

  • orally, either in person to the competent person or by telephone using the competent person's telephone number specified above; if the whistleblower so requests, the competent person must receive the report in person within a reasonable time, but no later than 14 days from the date of the request; or
  • in writing, by sending it via a postal service provider to the address for sending reports for the attention of the competent person indicated above, or by electronic communication (email) using the address of the competent person indicated above.

Warning: An audio recording of any oral report, or a recording that faithfully captures the essence of such oral report, will be made. An audio recording of an oral report may only be made with the consent of the whistleblower. The competent person must give the whistleblower the opportunity to comment on the recording or transcript of the audio recording, if one has been made. The whistleblower's statement must be attached to the recording or transcript.

Particulars of a report:

A report must include:

  • the name, surname and date of birth of the whistleblower, or other data from which the identity of the whistleblower can be deduced;
  • a truthful description of the facts that indicate unlawful conduct at the Company.

Warning: The whistleblower protections under the Act and the Company's obligations under the Act do not apply to anonymous reports. In the event the competent person receives an anonymous report through the Company's internal whistleblowing system, it will only be filed and will not be handled in any further way until the identity of the anonymous whistleblower becomes known.

External whistleblowing system of the Ministry of Justice:

reports can also be made through an external whistleblowing system, i.e. by submitting a report with the Ministry of Justice. The procedure for submitting a report via the external whistleblowing system, including contact details, is published on the following website: https://oznamovatel.justice.cz/informace-pro-oznamovatele/

Publication of a report:

A whistleblower may also make a report by publishing it, but only if:

  • they submitted the report through the internal whistleblowing system of the Company and through the Ministry of Justice, or only through the Ministry of Justice, and appropriate measures were not taken within the stipulated deadlines, or the justification of the report was not assessed;
  • they have reasonable grounds to believe that the unlawful conduct referred to in the report may lead to an immediate or manifest threat to internal order or safety, life or health, the environment or any other public interest, or to the occurrence of irreparable harm; or
  • they have reasonable grounds to believe that if the report was submitted through the Ministry of Justice, there is increased risk that the whistleblower or another person protected under the Act would be exposed to retaliation due to the circumstances of the case.