1. WHAT IS A WHISTLEBLOWING SYSTEM
Compliance with legal regulations and internal rules is a top priority at Moto-Pfohe Group. We can only avoid harm to our company, our employees, and our business partners if rules and standards are respected. Therefore, misconduct must be recognized quickly, processed, and immediately rectified. This calls for vigilance from everyone, as well as a readiness to draw attention to possible serious violations of laws based on concrete evidence. We also value information of this nature from business partners, customers, and other third parties. The whistleblowing system guarantees the greatest possible protection for whistleblowers and the persons involved. An investigation begins only after a very careful examination of the facts and concrete evidence of a legal violation. Strict confidentiality and privacy will be maintained throughout the entire investigation process. Information will be reviewed fairly, quickly, and sensitively. For the purpose of this system and the Law on the Protection of Persons Reporting or Publicly Disclosing Information on Violations (“the Law”)*, a register is established, which shall be maintained by the Internal Control Committee. The register shall be kept by the Internal Control Committee in hard copy.
*Law on the Protection of Persons Reporting or Publicly Disclosing Information on Violations - https://lex.bg/bg/laws/ldoc/2137231156
2. WHAT SHOULD BE REPORTED
Any violation of our ethical principles, as well as all other violations of laws and regulations and any incident related specifically, but not exclusively, to the following areas:
• Human rights
• Fraud
• Corruption
• Data privacy
• Harassment
• International sanctions and embargoes
• Health and safety
• Environment
• Discrimination
• violations of Bulgarian legislation or the European Union acts specified in the annex to the law in the field of:
a) public procurement;
b) financial services, products, and markets, and the prevention of money laundering and terrorist financing;
c) product safety and compliance; d) transport safety;
e) environmental protection;
f) radiation protection and nuclear safety;
g) food and feed safety, animal health, and welfare;
h) public health;
i) consumer protection;
k) protection of privacy and personal data; l) security of network and information systems;
• violations affecting the financial interests of the European Union within the meaning of Art. 325 of the Treaty on the Functioning of the European Union;
• violations of internal market rules within the meaning of Art. 26, paragraph 2 of the Treaty on the Functioning of the European Union, including EU and Bulgarian rules on competition and state aid;
• violations related to cross-border tax schemes intended to obtain a tax advantage that contradicts the object or purpose of applicable corporate tax law;
• a committed crime of a general nature of which a person under Art. 5 has become aware in connection with their work or performance of official duties;
• reports or public disclosure of information regarding violations of Bulgarian legislation in the field of:
1. rules for the payment of due public state and municipal claims;
2. labor legislation;
3. legislation related to the performance of civil service.
• Any crimes or violations
What to remember:
• Reports must be made without ulterior motives and in good faith, without any malice.
• Warnings may be issued for any serious incident of which the whistleblowers are aware.
3. IS THE REPORT CONFIDENTIAL AND ANONYMOUS?
We respect confidentiality:
• of the identity of the whistleblowers;
• of the identity of anyone identified through the report;
• of all documents that may be sent and received as part of the report.
Moto-Pfohe Group will not take any retaliatory measures (legal or disciplinary) against the whistleblower. If whistleblowers believe they are victims of repressive measures, they must immediately report it through the whistleblowing system.
However, any abuse or inappropriate use of the whistleblowing system may lead to further action.
4. CONTACT OPTIONS AND PROCEDURES
All contact options, along with details and comments regarding the disclosure of personal data, can be found below.
The responsible persons are accessible as follows:
All messages from employees (salespeople, sales managers, and service staff) should be directed to the members of the Internal Control Committee at: reports@motopfohe.bg or Sofia, 444 Slivnitsa Blvd., for the Internal Control Committee.
In case of a conflict of interest or suspicion thereof, the respective member of the Internal Control Committee shall be replaced for the consideration of the case by the Managing Director of the company.
All reports regarding branch managers or directors/managers, as well as suspicions of conflict of interest by the whistleblower, must be directed to the managers.
Members of the Internal Control Committee:
receive reports and confirm receipt within 7 days;
ensure the identity of the reporting person and any other person mentioned is protected, limiting access to unauthorized persons;
maintain contact with the reporting person, requesting additional information if necessary;
provide feedback on actions taken no later than three months after acknowledgment;
provide clear information on external reporting procedures to national authorities or EU institutions;
document oral reports;
maintain a register of submitted reports;
hear the person against whom the report is filed or accept their written explanations and evaluate their evidence;
provide the affected person with all gathered evidence and a 7-day period to object, while protecting the whistleblower;
allow the affected person to present new evidence during the check;
if the facts are confirmed:
а) organize follow-up actions, requesting assistance from other units if needed;
б) propose specific measures to stop or prevent the violation;
в) direct the whistleblower to competent authorities if their rights are affected;
г) forward the report to external authorities if necessary, notifying the whistleblower in advance.
Moto-Pfohe Group (each entity in the group) takes the following follow-up actions:
takes action within its competence to stop or prevent the violation based on the Committee's proposals;
prioritizes multiple reports based on the severity of violations;
terminates the check if:
а) the violation is minor and requires no further action;
б) it is a repeating report with no new essential information;
в) there is evidence of a crime (forwarded immediately to the prosecutor's office);
prepares an individual report describing the information, actions taken, and final results, notifying both the whistleblower and the affected person.
In cases where the internal check is terminated, the reporting person may file a report with the national external body – the Commission for Personal Data Protection.
5. HOW TO REPORT?
It is important to ensure the information provided is as specific as possible. It is helpful if your report answers these five questions:
• Who?
• What?
• When?
• How?
• Where?
Please ensure the content is easily understood by non-specialists. You may need to be available for follow-up questions. Please ensure you receive proof that your report has been entered into the Moto-Pfohe Group register.
6. WHAT AM I PROTECTED FROM WHEN REPORTING?
Moto-Pfohe Group guarantees that the legal rights of whistleblowers will not be restricted.
Whistleblowers are not liable for acquiring or accessing the reported information, provided such acquisition does not constitute a standalone crime.
They are not liable for breaching confidentiality restrictions (contractual or legal) if they had reasonable grounds to believe the report was necessary to reveal the violation.
Reporting trade secrets under the conditions of this law is considered lawful under Art. 7, para 2 of the Trade Secret Protection Act.
More can be read here or on the CPDP website.
7. GENERAL PROVISIONS
This document does not aim to limit the legal rights of whistleblowers. In case of conflict with mandatory legal norms, the latter shall apply.
For all matters not regulated by this document, the provisions of the current Bulgarian legislation shall apply. This document is issued in compliance with the Bulgarian Whistleblower Protection Law and DIRECTIVE (EU) 2019/1937 of the European Parliament and of the Council and will be published on the company's website.