Ethical Code
TARRACO COMBUSTIBLES S.L.
INDEX
1. Introduction.
2. Scope of application and acceptance
2.1. Area of application.
2.2. Acceptance and compliance.
23. Responsibility for compliance with the Code of Ethics and Conduct.
3. Ethical and responsible behavior.
3.1. General principles.
3.2. Respect for the law.
3.3. Honesty.
3.4. Integrity.
4. Commitment to employees.
4.1. Human rights.
4.2. Professional development.
4.3. Commitment to the safety and health of people.
4.4. Commitment to workplace harassment.
5. Commitment to third parties.
5.1. Commitment to customers
5.2. Commitment to suppliers.
6. Commitment to the assets, knowledge and resources of the entity.
6.1. Personal data protection.
6.2. Proper use of computer tools
6.3. Protection of confidential information
6.4. Theft or misappropriation of assets.
7. Obligations regarding fraudulent or unethical practices.
7.1. Information manipulation.
7.2. Bribery, corruption, illegal commissions and influence peddling.
7.3. Money laundering or payment irregularities.
8. Body in charge of regulatory compliance in the field of criminal risks.
9. Complaint procedure.
10. Validity.
1. INTRODUCTION
The objective of this Code of Ethics and Conduct is to determine the values, principles and standards that must govern the behavior and actions of each of the employees and managers of TARRACO OPERADOR DE COMBUSTIBLES, S.L. (hereinafter referred to as TARRACO) as well as the members of its administrative bodies. Ethical behavior goes beyond formal compliance with the law, which is why anyone who works for TARRACO accepts the commitment to act correctly.
Likewise, this Code will also be applicable to its business partners, clients and suppliers, to the extent that the values, principles and standards contained in this Code may be applicable to them. TARRACO will encourage business partners to develop and apply ethical programs consistent with our values and principles.
The values that guide TARRACO's work are the following:
- People orientation: the company's main asset is people: customers, employees and suppliers. Treating everyone with dignity, valuing their contributions to achieving human and business success, will be a priority for the company.
- Integrity: Promote a culture of integrity, honesty and respect for legality and ethical norms and standards, both with regard to the interests of TARRACO and other interest groups.
- Environmental responsibility: sustainability, respect for the environment and reducing the environmental footprint is a commitment that cannot be postponed because everyone has a common responsibility in the development of present and future generations.
TARRACO will promote knowledge of the Code among employees and the subjects described above so that their actions are governed by the principles and values on which this Code is based.
The proper application of the Code requires knowledge by employees and managers of its content, its complementary developments (policies and procedures) and those relevant legal provisions that are applicable to the activities carried out as a consequence of their functions. in the entity.
Any doubt about the interpretation or content of the Code or that refers to the way of resolving situations not specifically described in it, must be clarified with the Compliance Committee, with the corresponding hierarchical superior or, where appropriate, with the body. of administration.
Without prejudice to any other responsibility that may arise, failure to comply with the criteria and guidelines for action contained in the Code may motivate the adoption of disciplinary sanctions that are applicable in accordance with the provisions of the corresponding labor legislation. Specifically, violations of the rules of conduct contemplated in this Code are serious violations.
2. SCOPE OF APPLICATION AND ACCEPTANCE
AREA OF APPLICATION
This Code of Conduct will apply to the following persons, whether natural or legal, as the case may be:
a) EMPLOYEES, regardless of the contractual modality that determines their employment relationship, position they occupy or the geographical area in which they perform their work.
b) DIRECTORS. They have such consideration: a) those who have Senior Management employment contracts; b) the Corporate Director; c) those who are expressly determined by the administrative body.
c) MEMBERS OF THE ADMINISTRATION BODY of the company, regardless of the composition, form and operating regime of the body in question.
d) CUSTOMERS AND SUPPLIERS to the extent that it may be applicable to them and as long as TARRACO has the capacity to make it effective through accession.
The subjects referred to in the previous sections will be jointly called the “Obligated Subjects”. The set of natural and legal persons included in the scope of application will be called “Recipients” of the Code.
ACCEPTANCE AND COMPLIANCE
TARRACO will adopt the necessary measures to make effective the set of values, principles and standards that make up this Code, disseminating its content among the recipients and resolving any doubts that its application may generate.
To this end, it will ensure, to the extent possible, that the obligated subjects and the rest of the recipients commit to compliance, so that said values, principles and standards, together with the regulations applicable in each case, govern. the performance of their activities within the entity or their commercial or institutional relationships with it.
No one, regardless of their position in TARRACO, is authorized to request a recipient of the Code of Ethics and Conduct to contravene what is established therein. No obligated subject may justify conduct that violates the Code or bad practice by relying on a superior order or ignorance of the content of the Code.
The content of the Code of Ethics and Conduct will prevail over that of those internal regulations (including verbal orders that could be given by a hierarchical superior) that could contradict it, unless these establish more demanding behavioral requirements.
The application of the content of this Code, in no case, may result in the violation of the applicable legal provisions. If such a circumstance is appreciated, the contents of the Code must comply with the provisions of said legal provisions.
This Code does not modify the existing employment relationship between the entity and its employees, nor does it create any right or contractual link, but it assumes that the rules of action indicated integrate the way in which the employment relationship must be provided.
The entity does not tolerate the commission of any criminal act by any employee or manager, or member of its governing body, nor when its commission is carried out by third parties with the intention of directly or indirectly benefiting the entity.
The entity will strive to do not only what is legal, but also what is correct, precisely for this reason it will not allow any crime to be carried out in our name.
RESPONSIBILITY FOR COMPLIANCE WITH THE CODE OF CONDUCT. -
All managers have the following obligations:
a) Communicate the Code of Ethics and Compliance to the teams.
b) Lead its compliance through example.
c) Support their teams in ethical dilemmas that may arise at any time.
d) Correct deviations detected in compliance with the Code.
e) Establish in a timely manner mechanisms that ensure compliance with the Code in their areas of responsibility.
f) Inform about processes and actions contrary to the provisions of this Code.
All employees are subject to compliance with the following obligations:
g) Know the Code of Ethics and Conduct and make decisions in accordance with these principles and the policies that emanate from them.
h) Additionally, they must immediately communicate in a responsible manner any indication of the existence of processes and actions that contravene the provisions of this Code.
i) Collaborate in investigations and audits.
j) Failure by managers and employees to comply with the Code of Ethics and Conduct and the rules derived from the development of specific policies, duly communicated, could lead to the opening and initiation of internal corporate investigation procedures established by the administrative body, even leading to disciplinary dismissal.
STANDARDS OF CONDUCT
GENERAL PRINCIPLES
All Obligated Subjects are responsible for knowing and complying with the laws applicable to their function according to their area of responsibility and place of work, and must fulfill their functions and obligations with full respect for the procedures established in the sectors of their activity.
In case of doubt, Obligated Subjects may obtain help on how to comply with the content of this Code and the rest of the applicable regulations through their hierarchical superior or, where appropriate, through the Compliance Committee.
Failure to comply with these regulations could give rise to legal liability that may arise, without prejudice to the corresponding disciplinary actions, including dismissal.
In addition to compliance with this Code and the rules applicable in each case, all Obligated Subjects must demonstrate ethical behavior at all times in all their professional actions and avoid any conduct that, even without violating the law, could harm the reputation of the company. entity and negatively affect its interests, reputation and public image (such as the inappropriate use of social networks).
RESPECT FOR THE LAW
In the development of their professional duties, no Obligated Subject will knowingly collaborate with third parties in the violation of any national or international law, nor will they cooperate with them in actions or omissions that compromise the principle of legality or that could, if known, damage the reputation. Of the entity.
HONESTY
The Obligated Subjects must be honest in all negotiations in which the entity's interests are at stake and will comply with the commitments made.
The Obligated Subjects will avoid, or, where appropriate, declare, any conflict of interest that exists due to which they may put personal priorities before the collective ones and will behave with rectitude, without in any case seeking their own benefit or that of third parties through the proper use of their position or contacts in TARRACO, to favor him or a third party over others, failing to comply with his obligations in the acquisition or sale of merchandise or in the contracting of professional services.
Likewise, they will protect the confidentiality of the information of the entity that has been entrusted to them, as well as that relating to clients, shareholders, employees or suppliers.
INTEGRITY
TARRACO is subject to a strict policy of not accepting or offering gifts or donations, neither in kind nor in cash. It is a conduct contrary to the Code of Ethics and Conduct, and may even be criminal, to offer gifts, invitations or gifts to third parties (whether they are officials or not) with the intention of influencing them to carry out their functions dishonestly or in more favorable conditions. favorable than to the other clients, or to thank them for having acted in this way even if they had not previously suggested it, or in general so that they act contrary to current legislation.
Knowledge of any conduct that could be contrary to the standards of conduct of ethical and responsible behavior will be immediately notified through the complaints channel to the Compliance Committee.
Exceptionally, obligated subjects may accept gifts, invitations, hospitality services or other types of incentives that do not exceed usual, social or courtesy uses, and are related to commercial activity.
The commercial company will not make donations in cash or in kind, of any kind, to political parties, organizations, movements, entities, whether public or private, whose activity is clearly linked to political activity.
The right of employees and managers to exercise freedom of expression and to participate in political activities is recognized, but as long as they do not interfere in professional performance, nor do they represent a conflict of interest. In no case will the organization's resources or facilities be used to support personal political activities.
Sponsorship actions carried out in accordance with current legislation are excluded from these prohibitions.
COMMITMENT TO EMPLOYEES
Human rights
TARRACO considers that the Obligated Subjects are essential collaborators to meet the business objectives and the creation of quality employment in an environment that is committed to training and professional development and the promotion of diversity of abilities, cultures, beliefs and nationalities, all of this under equal conditions and rights and with an express rejection of any form of workplace harassment. Therefore, relationships between all employees must always be based on respect for people's dignity and non-discrimination.
The entity recognizes that the principle of equal treatment and opportunities for Employees, regardless of their race, color, nationality, ethnic origin, religion, gender, political or sexual orientation, marital status, age, disability or family responsibilities, is a principle inspiration of Human Resources policies and will apply to the hiring of employees as well as to training, career opportunities, salary levels as well as other aspects of the employment relationship of Employees.
In no way will the exercise of the rights of association, unionization and collective bargaining be prevented or limited within the framework of the regulations governing each of these fundamental rights.
TARRACO will respect and promote Human Rights. It recognizes that human rights are fundamental and universal rights, and must be interpreted and recognized in accordance with international practical laws, in particular, the United Nations Universal Declaration of Human Rights and the principles proclaimed by the International Labor Organization.
Professional development
TARRACO will promote the personal and professional development of its Employees, encouraging their involvement in improving their own capabilities and competencies. The policies and actions related to the selection, hiring, training and internal promotion of employees must be based on clear criteria of capacity, competence and professional merits. The internal promotion of Employees will be taken into account to cover positions that are appropriate in each case.
Employees will be informed of the policies for evaluating their work and will actively participate within the framework of the management processes articulated to improve their work, initiative and dedication.
Commitment to the safety and health of people
TARRACO will ensure a safe and healthy work environment for Employees, adopting all reasonable measures to maximize the prevention of occupational risks.
In addition, the entity will provide the necessary means for due compliance with the measures deemed appropriate to prevent occupational risks.
All Employees will be responsible for maintaining their workplace, following health and safety rules and practices.
It will constitute non-compliance with this Code, the performance by any employee of the entrusted functions, without respecting the occupational risk prevention measures provided for their job and the non-use of the PPE that has been provided to them when this is mandatory.
In addition, the entity will provide the necessary means for due compliance with the measures deemed appropriate to prevent occupational risks.
The consumption of alcoholic beverages during work hours is prohibited, to the extent that their intake may threaten safety and productivity in the work environment and the maintenance of the professionalism and responsibility of the Employees.
Drug consumption is totally prohibited in TARRACO facilities.
Commitment to workplace harassment
TARRACO rejects any type of harassment at work (abuse of authority, physical or psychological harassment, sexual harassment, as well as any other conduct that may generate an intimidating, offensive or hostile work environment for people), considering it unacceptable and intolerable; and will not allow behaviors or organizational factors that reveal harassing behavior in the workplace.
Any harassing behavior, expressly including uttering expressions of an insulting, offensive, defamatory, or degrading nature, with respect to other colleagues - whether directly or indirectly - will constitute a breach of this Code, and may constitute a serious infraction or even a crime, and whatever the means used - verbal, SMS, WhatsApp, email, etc. - or adopt inappropriate conduct that prevents the normal completion and performance of the work.
COMMITMENT TO THIRD PARTIES
COMMITMENT TO CUSTOMERS
The entity considers customer satisfaction a priority. Consequently, efficiency in processes and transparency in action, as well as the offering of clear and truthful information, and the provision of treatment that guarantees the quality of customer service, must be ends in themselves for everyone. TARRACO employees.
Every effort will be made to ensure that the products offered do not entail health risks, taking appropriate actions to resolve them.
COMMITMENT TO SUPPLIERS
The entity will relate to suppliers of goods and services in an ethical and lawful manner; will only select suppliers whose business practices respect human dignity, do not violate the Law and do not endanger the reputation of the company.
Every supplier must be operating in strict compliance with current legislation. They must respect compliance with internationally recognized Human Rights and ensure that they do not defraud or abuse these rights within their business operations, nor within their own organizational structure.
Every supplier must promote and respect the following principles:
a) Eliminate all forms of child labor.
b) Eradicate any type of forced or coerced labor.
c) Avoid discrimination in any type of job.
d) Respect the established maximum work schedules and minimum salaries.
e) Guarantee that its employees carry out their work under safety and hygiene standards.
f) Respect the rights of employees to associate, organize or bargain collectively without suffering any kind of sanction.
g) Obtain and maintain environmental permits for the operation of your company if required. Likewise, in the event that your operations generate waste, this must be supervised, controlled and treated in the manner in which the corresponding legislation indicates.
Suppliers will be responsible for ensuring that subcontracted companies work under the standards promoted by this document and within the corresponding legal framework.
Suppliers must maintain a preventive approach oriented to the challenge of environmental protection, adopting methods that benefit greater environmental responsibility and favor the development and dissemination of environmentally friendly technologies.
Every supplier must avoid being a participant in any type of corruption, extortion or bribery that could affect the principles of fair trade or lead to public scandals in which the entity could be affected. Every supplier accepts that their participation in any of the indicated events
It is cause for immediate termination of the contract that unites you with TARRACO without you being able to claim any compensation as a consequence.
TARRACO will positively value those suppliers that express their commitment to the principles promoted in this Code of Ethics and Conduct through their acceptance and compliance. Likewise, and apart from what is stated in the previous paragraph, TARRACO reserves the right to terminate its contractual relationship with those suppliers who breach the Code repeatedly or seriously, and may claim compensation for damages (including moral damages, in your case).
TARRACO will endeavor to extend the content of this Code of Conduct to its suppliers by incorporating the Code itself into the contracts it enters into with them.
COMMITMENT TO THE ASSETS, KNOWLEDGE AND RESOURCES OF THE ENTITY
Personal data protection
The entity will ensure the protection of personal data that is stored and exchanged during the daily activity in the development of the corporate business to the extent that said protection is a priority to achieve a maximum level of quality in the development of the corporate purpose. For this reason, all managers and employees must always respect the legislation on personal data protection. In order to comply with the above, training policies will be adopted.
The discovery or disclosure of personal information (for example: bank account numbers, personal data such as dates of birth, anniversaries, addresses, telephone numbers...) of the other employees, clients or suppliers and of which one has knowledge only due to the work and function performed in the entity.
Proper use of computer tools
Employees will use computer tools (email, intranet, internet, telephones...) in conditions consistent with the development of the position and the functions they perform. They will not be used abusively, nor for personal benefit for actions that could affect the reputation or image of the entity.
Employees will only be able to access computer systems that are being authorized and with the appropriate licenses. No type of software will be installed, used or distributed that could affect the security of the systems, nor may unauthorized copies be made or actions carried out that allow the entry of computer viruses.
A serious breach of this Code will be the violation of the measures provided for in the security document relating to computer tools (for example: revealing the keys and passwords for access to one's own computer equipment or that of third parties, which may cause very serious leaks. important information; downloading programs or software that may contain elements that damage operating systems, accessing websites of dubious reputation, unauthorized copying of files or files contained in the company's USB terminals or sending them in an unauthorized manner. to a personal computer).
Communications that may be made through computer tools (including, especially, corporate email) must not contain offensive or defamatory statements.
The user of any computer or communication medium that is the property of the entity may not disclose or transmit illegal, sexist, abusive, defamatory, obscene, racist, offensive, pornographic information, or any type of information that is offensive or not authorized by the Laws. whether through photographs, texts, advertising banners or links to external pages: nor may you publish, transmit, reproduce, distribute or exploit any other component that is harmful to the integrity of computer systems or that may infringe intellectual property rights; Likewise, they may not publish or provide material or access to resources on hacking, cracking or any other information that TARRACO considers susceptible, even potentially, to compromising the security or integrity of computer systems.
Protection of confidential information
Both employees and managers must maintain the strictest professional secrecy and keep confidentially all the information they handle in the course of their professional work.
In any case, the following rules will apply regarding the handling of confidential information:
a) All information will be protected and kept strictly confidential. It will not be used, in whole or in part, for a purpose other than that assigned to the obligated subject based on his or her work.
b) Confidential information will only be used by the obligated subject for the purposes assigned to him in accordance with his employment contract or the relationship that links him with the entity. In the event that the obligated subject requires the assistance of a third party to the entity and it is necessary to reveal confidential information, the necessary measures will be adopted so that the information is duly protected, signing a confidentiality document for this purpose.
c) The obligated subject will not disclose, directly or indirectly, the information to third parties other than those referred to in the previous section.
d) The obligated subject will notify, as soon as possible, any incorrect treatment or use of confidential information, cooperating with the entity in order to protect said information.
e) No obligated subject will store information about the entity on private computers or other means not provided by the company itself.
f) In the event that the obligated subject had to take the information outside the facilities of the entity to carry out work tasks or those that are inherent to their relationship with it, they must return said information once the tasks performed have been completed. outside the facilities.
Asset misappropriations
The entity makes available to its employees the necessary resources to carry out their professional activity. Misappropriation and inappropriate use of these assets will be criminally prosecuted.
OBLIGATIONS REGARDING FRAUDULENT OR UNETHICAL PRACTICES
Information manipulation
The falsification or manipulation of information, or the deliberate use of false information constitutes illegal conduct and in many cases a crime. The entity assumes an operating principle of information transparency, understood as the commitment to transmit reliable information to the markets, both financial and of any other nature. In this way, the company's economic and financial information, both internal and external, will faithfully reflect its economic, financial and patrimonial reality in accordance with generally accepted accounting principles.
Obligated subjects must transmit the information in a truthful, complete and understandable manner. Under no circumstances will they knowingly provide incorrect, inaccurate or imprecise information. In this sense, managers and employees will refrain from:
a) Keep a record of operations in non-accounting media not recorded in official books.
b) Record non-existent expenses, income, assets or liabilities.
c) Make entries of notes in the accounting books with incorrect indication of their purpose.
d) Use false documents.
e) Deliberately destroy documents before the legally stipulated period in each case.
The carrying out of commercial operations that are not accounted for, the recording of unrealized expenses, and/or making accounting notes with concepts that do not correspond to reality will constitute a breach of the Code.
Bribery, corruption, illegal commissions and influence peddling
Any practice of corruption, bribery or payment of commissions in all its forms is prohibited, whether through acts or omissions or through the creation or maintenance of favorable or irregular situations with the objective of obtaining some benefit or utility for the entity.
Obligated subjects will refrain from making payments in order to facilitate or expedite procedures consisting of the delivery of money or goods in kind, regardless of the amount, in exchange for ensuring or expediting the course of a procedure or action before any judicial body. , public administration or official body.
It is prohibited to exercise any type of influence (direct, indirect, through third parties) on any official or authority derived from the personal relationship of any obligated subject.
2.1. Money laundering and payment irregularities
TARRACO Employees will pay special attention to cash payments that are unusual considering the nature of the operation, those made by checks to bearer or those made in currencies other than those previously agreed upon, communicating through the established channels and procedures. in this Code of Ethics and Conduct those who understand that they are irregular. Cash payments for amounts greater than 1,000 euros (or its equivalent in foreign currency) will not be accepted; nor payments for a lower amount in 500 euro bills.
Those payments in which the payer or beneficiary is a third party not mentioned in the corresponding contracts will also be notified, as well as those made in accounts that are not usual in relationships with a specific entity, company or person.
BODY IN CHARGE OF REGULATORY COMPLIANCE IN THE FIELD OF CRIMINAL RISKS
The body in charge of compliance with both the Code of Ethics and Conduct and the criminal risk prevention model is the Compliance Committee (CC) by express delegation of the entity's Board of Directors.
The CC will be made up of three members: the person responsible for the internal legal advice (who will act as President), a member of the administrative body (who will act as Vocal), and an external professional (who will act as secretary). ) who must prove sufficient legal knowledge and practical experience as a criminal lawyer of a minimum of 10 years.
The CC will submit an annual report to the administrative body on the evolution of the criminal risk prevention policy. The administrative body will evaluate and supervise the criminal compliance management system at least once a year, unless any circumstance makes it advisable to shorten said period.
The CC will be responsible for proposing to the administrative body as many policies as are necessary for the development of the Code of Ethics and Conduct and, in general, for effective management of criminal risks.
In any case, the ultimate responsibility for supervising the correct execution of the Compliance Program corresponds to the organization's administrative body.
COMPLAINT PROCEDURE
All directors, managers and employees of TARRACO have the obligation to comply with and contribute to compliance with the criminal compliance system. That is why, not only do they have to know their Code of Ethics and Conduct to make their decisions in accordance with these principles and the policies that emanate from them, but they must also responsibly communicate any indication of the existence of processes and actions that contravene the provisions of that system.
For these purposes, the organization has created a complaints channel that is available to all workers, managers, clients, suppliers (and even third parties outside the organization), and which they can access when they have direct evidence of the existence of a act constituting a crime carried out by any worker, manager, legal representative or attorney-in-fact of the entity, which may generate criminal liability for the entity, or which represents a behavior contrary to the ethical principles contained in this Code of Ethics and Conduct.
You may report this fact through the following means:
o Email:
o Following postal address: TARRACO OPERADOR DE COMBUSTIBLE S.L., Pl. Francesc Macia nº 7, Pl. 13, 08029-BARCELONA.
The complaint management procedure will ensure anonymity, confidentiality in all its phases and non-retaliation. Specifically, they will be subject to the following principles: (i) confidentiality, (ii) respect for the people involved, and (iii) guarantee of the people who report
10. VALIDITY
This Code of Ethics and Conduct will come into force on January 1, 2024.