Whistleblower Channel Policy

Contents

1. Introduction and Purpose

2. Scope of application

3. Reports and other communication

3.1 Channel users and the obligation to report

3.2 Access to the Whistleblower Channel

4. Procedure for processing reports and other items of communication

4.1 Investigative Board

4.2 Reception and preliminary analysis

4.3 Preliminary decision

5. Procedure for investigating reports and other items of communication

5.1 Start and course of the investigation

5.2 Report and conclusions

6. Resolution

6.1 Responsible body

6.2 Respondent’s hearing

6.3 Possible decisions

6.4 Sanctions

7. Data protection

8. Whistleblower Protection

9. Advertising and communication

10. Entry into force.

1. INTRODUCTION AND PURPOSE

As set out in the Code of Conduct of GCR PLASTIC SOLUTIONS GROUP, S.L.U. (hereinafter “GCR” or “the Company”), approved by the company’s board of directors on 15 September 2022, all individuals working at GCR must fulfil their everyday duties with integrity and in compliance with both the law and company rules. They are also obliged to cooperate as needed to prevent others from acting improperly or without integrity.
To this end, and as stated in the Code of Conduct, the GCR Whistleblower Channel has been set up. Through this channel, and in a confidential or even anonymous manner (if so desired), employees, managers, collaborators and any third parties (especially customers and suppliers) must report any information they have regarding the suspicion or existence of irregularities or other actions that violate the law or company rules. This includes any irregularities relating to accounting, auditing and/or matters relating to corporate rules or values.
In specific terms, the Channel guarantees the confidentiality of the identity of whistleblowers and respondents, as well as the confidentiality of submitted reports. Likewise, the presumption of innocence is guaranteed to all respondents. Any person who submits a whistleblower report will be afforded due protection, and any action against them that could be construed as a threat, discrimination or reprisal will be punishable.
Reports to the Whistleblower Channel can be submitted anonymously. It is advisable to provide a full description of the event reported, identify any individuals who may have been affected or involved and also include specific details, dates, companies or third parties related to the event or action reported. The purpose of having such information is to facilitate the subsequent verification of the facts associated with the report.
This policy regulates the management, investigation and resolution of reports received through the Whistleblower Channel, as well as the terms and conditions of its use by whistleblowers. The policy may be revised and amended at any time by GCR without prior notice.
GCR’s board of directors is the competent authority to approve this Policy, thus fulfilling its function of establishing the bases, setting the instruments and designing the mechanisms needed for an adequate and efficient coordination of activities related to whistleblower report processing.
The Whistleblower Channel is not an emergency service. It is not the place to report events that pose an immediate threat to life or property, as an immediate response will probably not be possible. If you need emergency help, contact your local emergency service.

2. SCOPE OF APPLICATION

Subjective scope of application. This Policy applies to all GCR companies. It will also apply to all people who have the right and duty to submit reports and other communication items, pursuant to Section 3.1. of this policy.
Objective scope of application. Any irregularity or behaviour that violates the Code of Conduct, any provision of GCR’s corporate regulations, or any action that violates the law in general and the Criminal Code in particular may be reported to the Whistleblower Channel.

3. REPORTS AND OTHER

COMMUNICATION:

3.1. Channel users and the obligation to report.

Employees, managers, collaborators and other GCR stakeholders, as those with whom GCR has business relations (in particular customers and suppliers) have the obligation to inform GCR through the Whistleblower Channel of any facts or suspicions that may constitute violations or breaches of the Code of Conduct, the company’s own regulations and, in general, all applicable laws in force.

3.2. Access to the Whistleblower Channel.

Employees, managers, collaborators and other GCR stakeholders, as those with whom GCR has business relations (in particular customers and suppliers) have the obligation to inform GCR through the Whistleblower Channel of any facts or suspicions that may constitute violations or breaches of the Code of Conduct, the company’s own regulations and, in general, all applicable laws in force.

3.2. Access to the Whistleblower Channel.

The Whistleblower Channel will be accessible via the following link: https://gcr.integrityline.com/frontpage

The GCR Whistleblower Channel is exclusive to all Group companies and work sites.
The Whistleblower Channel will be managed by the Investigative Board appointed by GCR for this purpose, in accordance with the provisions of Section 5.1 of this policy.
The technical implementation of the Whistleblower Channel and software management for the same is carried out by the company EQS Group Regtech, S.L.U. The Whistleblower Channel website is hosted on EQS Group servers and is not part of GCR’s website or intranet.

4. REPORTS AND COMMUNICATION PROCESSING PROCEDURE

4.1. Investigative Board.

The GCR Board of Directors appoints a one-person Investigative Board (comprised of one member as well as an alternate in the event of that person’s illness or inability to fulfil their duties) that will carry out the duties entrusted thereto under this policy. Among other tasks, they will be entrusted with managing the Whistleblower Channel, receiving and processing incoming whistleblower reports and other communication, and with performing procedures associated with the management and investigation of the reports and other communication received.
Should the Investigative Board member be ineligible to handle a specific case owing to their direct involvement in it, the member must abstain from participating in its proceedings. Otherwise, their participation may be challenged and they may be disqualified from all proceedings in relation thereto and replaced by the alternate member. The alternate member will have a copy of all reports received in order to assess whether the full member’s abstention or disqualification is warranted. If deemed appropriate, the matter will be referred to the Report Resolution Board (RRB) provided for in Section 6 of this policy so that a case decision can be rendered.

4.2. Reception and preliminary analysis.

All reports received will be analysed by the Investigative Board independently, and the identity of the reporting person and respondent(s) will be kept confidential.
After a report has been received, its receipt will be acknowledged and it will be assigned an identification code. It will then be included in a database where the report and its processing status will be recorded. The database will be updated throughout the different phases of the procedure.
Upon the receipt of a report, the Investigative Board will decide whether or not to process it, based on whether it meets the minimum requirements for processing. In the event that the report is manifestly unfounded or does not provide sufficient information, and the facts stated therein cannot be verified due to anonymity, the whistleblower may be asked to further explain or clarify the facts. If no response to the request is received within a period of 5 working days, the report will not be admitted for processing and the decision not to admit it will be recorded.

4.3. Preliminary decision.

After analysis of the information provided, and within 10 working days of receipt of the last item of communication or information from the whistleblower, the Investigative Board will take one of the following decisions and provide the reasons therefor:

a) Inadmissibility and closure of the report. This will occur when the reported or conveyed facts are manifestly irrelevant or do not constitute a situation of breach or non-compliance, or even if they do constitute such a situation they are not sufficiently substantiated or motivated, the minimum required information has not been provided or they are implausible owing to an abject lack of credibility. In such cases, the whistleblower must be informed, and they may resend the report or other communication in the future if new information or documentation becomes available.

b) Admission of the report and start of the investigatory procedure, in accordance with Section 5 of this policy.

If the Investigative Board is in doubt as to which preliminary decision to render, it must consult the alternate member of the Board and refer the matter to the Report Resolution Board (RRB) for a final decision. In the event that a decision is taken to admit the report and initiate the investigatory procedure, the resources and means needed to carry out the investigatory procedure must be specified.

5. PROCEDURE FOR INVESTIGATING REPORTS AND OTHER COMMUNICATION

5.1. Start and course of the investigation.

After a report has been admitted following a preliminary analysis, the Investigative Board will initiate the investigatory procedure.
The investigative board will be the only entity empowered to conduct internal investigations within the company. Notwithstanding the foregoing, you may make any enquiries you deem necessary of any GCR employee or department by reason of their speciality or degree of knowledge of the facts of the case.
The Investigative Board must request from the company all means and tools it believes will be necessary to conduct the investigation, provided that such means and tools are logical, proportionate and fit for purpose.
During the investigation, any and all actions deemed appropriate and necessary for obtaining the evidence necessary to clarify the reported facts must be taken. The Investigative Board will carry out the actions it considers most appropriate, in accordance with the principle of proportionality. Among other actions, the following may be carried out:

• Interview the whistleblower in person, if they have agreed to provide their personal data.
• Interview the respondent in person.
• Personally interview potential witnesses who may have first-hand information about the facts.
• Interview in person people from the same team or department of the whistleblower.
• Gather as much information as possible from the company’s documentation.
• Get the IT department to implement IT-related measures in a way that ensures the right to privacy of all individuals involved at all times.
• Obtain additional information or advice on particular matters from any company department.
• Visits to the company’s divisions or departments without prior notice.
• Seek advice from professionals outside GCR.

Any person who has knowledge of the investigatory procedure being carried out, whether as a witness or otherwise, must maintain confidentiality in regards to the procedure. They are therefore prohibited from disclosing the existence of the investigatory procedure to any other person, and in particular to the parties involved. Nor may they discuss details or aspects of it with any other person within or outside GCR. All individuals involved in the investigatory procedure, and in particular witnesses and colleagues in the respondent’s team or department, are obliged to maintain the confidentiality of any information they have access to.
The investigatory procedure will have a maximum duration of six months from its initiation.

5.2. Report and conclusions.

After all investigatory actions and proceedings have concluded, the Investigative Board will draw up a conclusions report containing a brief description of the investigatory proceeding carried out that lays out the events reported, the investigatory actions carried out, the facts considered to be true and proven, and conclusions that access and qualify the nature of the facts considered proven for the purposes of determining the existence of a breach of the Code of Conduct, corporate regulations or prevailing law.
This report must be sent within 10 working days of the end of the investigatory procedure to the Report Resolution Board (RRB), which will be responsible for rendering a decision regarding the investigation carried out by the Investigative Board and finalising the investigation case file, all of which must be performed in accordance with Section 6 of this policy.

6. RESOLUTION

6.1. Responsible body.

The GCR Management Board appoints a Report Resolution Board (CRB) consisting of three individuals who will assume the functions entrusted to them under this policy, plus an alternate who will act in the event that any of the original members are ill or otherwise unable to do so. Among other duties, they will be tasked with resolving the investigation cases handled by the Investigative Board and determining consequences of each investigation conducted and completed.

If any member of the Report Resolution Board is not eligible to handle a specific case due to their direct involvement in it, that member must be recused and removed from all proceedings held in relation thereto and replaced by an alternate member.
The Report Resolution Board will receive a report of conclusions with the content stipulated in Section 5.2 of this policy. Following receipt of this report as well as the interested party’s hearing as provided for in the following section, the Report Resolution Board must meet as soon as possible to deliberate on the decision to be rendered. The Investigative Board may be invited to this meeting at the request of any of the members of the Report Resolution Board in order to provide information and clarify any doubts that the Report Resolution Board may have.

6.2. Respondent’s hearing.

Prior to the meeting of the Report Resolution Board as provided for in Section 6.3 of this policy, the Report Resolution Board must notify the individual(s) under investigation so that they may present the arguments that they deem appropriate within a maximum period of 5 working days. In this regard, the Report Resolution Board will provide them with a copy of the report referred to in the previous section, and the individual(s) under investigation must make a statement on the report’s contents.

6.3 Possible decisions.

After the individual(s) under investigation have presented their arguments, or after the stipulated period has elapsed without any such arguments having been presented, in which case it will be assumed that there are no arguments to be made, the Report Resolution Board will meet within 10 working days and render one of the following decisions:

a. Close the case file owing to the presence of insufficient evidence of non-compliance or irregularities.

b. Request additional investigatory measures if those that have been carried out are considered to have been insufficient. In such cases, the measures considered to be necessary must be specified.

c. Declare that an act of non-compliance or irregularity has been committed. In such cases, the Human Resources or other relevant department will be asked to invoke the appropriate disciplinary system in accordance with the collective bargaining agreement in force. Likewise, the head of the GCR department where the events in question occurred will be informed to make them aware of the situation and so that they may take the necessary and appropriate measures to correct the damage caused and prevent the occurrence of similar events in the future.

d. Bring the identified irregularities to the attention of the appropriate law enforcement, public prosecution, justice or regulatory authorities. Such measures must be taken when there is reason to suspect that a criminal offence may have been committed.

In all cases the Report Resolution Board must inform the whistleblower of the final decision taken, unless this is not possible pursuant to applicable regulations. A record of the notice having been received must be kept. The notice may also be addressed to the responsible person or to the superior of the individual under investigation, if the circumstances of the case so require and provided that data of a reserved and confidential nature are protected. Under no circumstances will details of actions taken be shared, nor will the report referred to in Section 5.2 of this policy be shared. Mention will only be made as to whether the facts reported have been deemed to constitute a situation of irregularity or non-compliance.

7. DATA PROTECTION

In the operation of the Whistleblower Channel, legal regulations on personal data protection applicable to the Group’s companies must be complied with. On the platform that offers access to the Whistleblower Channel, a specific section called “Privacy Policy” has been enabled, where all of the duties and rights related to the processing of personal data provided by virtue of communication carried out through the Whistleblower Channel are outlined.

8. WHISTLEBLOWER PROTECTION

The Whistleblower Channel is governed by the principles of confidentiality, respect and substance.
Any person who submits a report in good faith will be afforded due protection in accordance with applicable regulations.
The Whistleblower Channel has been designed to guarantee the anonymity of whistleblowers who prefer to remain anonymous. In this regard, if a whistleblower freely chooses not to conceal their identity, the case resolution report will endeavour not to make reference to the identity of the whistleblower or the parties involved, in order to ensure appropriate levels of confidentiality.
If for whatever reason the name of a whistleblower who is an employee is made public, the Human Resources department will be informed in order to monitor their employment and personal stability and to provide them with appropriate support and assistance.
Any action aimed at preventing an employee from making a report using the Whistleblower Channel will be sanctioned in accordance with applicable labour and disciplinary rules.

In particular, it is guaranteed that no whistleblower will be subject to any type of retaliation for making due and proper use of the Whistleblower Channel.

9. ADVERTISING AND COMMUNICATION

Without prejudice to the obligation of employees to know and act in accordance with the provisions of the Code of Conduct and corporate regulations in the performance of their duties, the proper dissemination of this Policy and the existence of the Whistleblower Channel will be promoted and ensured.

10. ENTRY INTO FORCE

This Policy has been approved by the GCR Board of Directors and is effective from 1 October 2022.