Guide to the RWE Green Line

Why introduce the RWE Green Line?

The RWE Green Line has been introduced to enable the employees of RWE Group companies, as well as third parties who are aware of any improper act against RWE interests, unethical behavior, unlawful situation/misconduct, breach of RWE Code of Conduct or internal regulations happening within RWE Group companies, or have a suspicion that conduct may be happening, to notify such behavior, misconduct or situation to persons equipped to both properly investigate and assure remedy thereof. To maintain confidentiality and anonymity of the notifying person, an independent law firm Simmons & Simmons has been appointed, in the Czech Republic in cooperation with Czech law firm BBH, advokátní kancelář, v.o.s. (hereinafter referred to as the “BBH”)

BBH is a well known and respected law firm established on the Czech market, recognized especially for its expertise. It has extensive experience with the set-up and running of hotlines established for the purpose to disclose and initiate investigation of misconduct, breach of regulation and similar wrongdoings. The following representatives were appointed to handle the RWE Green Line and respond to any queries in relation thereto:

Who is the contact person for RWE Green Line?

• phone (toll free line)800 900 997
  Available between 9 a.m. - 7 p.m. on business days
• answering machine (toll free line) 800 900 997
  Available between 7 p.m. - 9 a.m. on business days and anytime on bank holidays
• text message (+420) 723 826 605
  Available between 9 a.m. - 7 p.m. on business days
• e-mail
  rwe-zelenalinka@bbh.cz
  rwe-compliance@simmons-simmons.com
• post BBH, advokátní kancelář, v.o.s.
  Klimentská 1207/10
  110 00 Praha 1
  The word "RWE" shall be visibly written on the envelope.
• personally
  BBH, advokátní kancelář, v.o.s.
  Klimentská 1207/10
  110 00 Praha 1

Tomáš Pešek (Czech, English, Slovak) is a partner at the BBH law office who specializes in the M&A, commercial and corporate law, having significant experience also in the area of personal data protection and state aid law issues.

Mr. Pešek is member of both the Czech and Slovak Bar Association as an attorney at law and has been recognized for his strong client focus, always willing to go the extra mile.

 

Markéta Palová (Czech, English, German) has worked on a series of M&A and corporate law transactions, mainly with an international element, utilizing her experience from working abroad.

Ms. Palová has been active in a number of cases involving personal data protection, employment law and state aids, as well as in several litigation proceedings. She has been known for adding a personal touch to the projects she is involved in.

 

Kateřina Krainová (Czech, English, Slovak) is part of the BBH team which focuses on business law and corporate law, having worked for both private clients and corporate entities.

Mrs. Krainová has a “can do” attitude and a very strong customer-focused drive. She has worked on cases involving business crime. Her interests also include the EU law which she specialised in while studying abroad at the  University of Antwerp, Belgium.

 

What is the RWE Green Line’s task?

BBH shall be the contact for any RWE Group employees, or, as the case may be, a third party who wishes to notify alleged improper act against RWE interests, unethical behavior or unlawful situation/misconduct occurring in the RWE Group companies, breach of the RWE Code of Conduct or any other activities which the notifying person finds in breach of the legal regulations, the internal rules of RWE Group companies and/or direct threat to RWE Group companies’ interests, such as fraud, health and safety violations, discrimination and corruption, in the Czech Republic.

The main reason for choosing an independent law firm is to guarantee anonymity vis à vis RWE Group companies and confidentiality to the notifying person, as may not be the case if going directly to a representative of RWE Group companies.

The position of BBH is that of an independent law firm and legal entity and not a provider of legal services to employees of RWE Group companies.

HOW TO PROCEED

Have you come across potential improper act against RWE interests, unethical or unlawful situation/misconduct, violation of the RWE Code of Conduct or any other infringement of the internal rules of RWE Group companies or group companies´ values?

In the event you (have) come across an improper act against RWE interests, unethical or unlawful situation/misconduct within the RWE Group companies, a breach of the RWE Code of Conduct, RWE Group internal rules or any other misconduct which could be a threat to RWE Group companies’ interests and you prefer to discuss this matter in confidentiality rather than notify your superior, please contact the BBH on the specified contact numbers. They will help you to discreetly discuss the issue and initiate an investigation in order to protect the interests of RWE Group companies.

What is the RWE Green Line contact person going to do with the notification?

The BBH will file a report with the notifying person, detailing the reported unlawful situation/ misconduct. In the event that legal regulations, RWE Code of Conduct or internal rules of RWE Group companies were breached, BBH in cooperation with Simmons & Simmons shall then pass such report to the Chief Compliance Officer within RWE AG and to the Compliance Officer of RWE Group CZ. The notifying person himself/herself may decide whether his/her contact details will be disclosed to the RWE Chief Compliance Officer and Compliance Officer of RWE Group CZ or whether the BBH report shall remain anonymous vis à vis RWE Group companies and only contain information relating to the reported unlawful situation/misconduct.

Following such notification, an investigation will be initiated by the Compliance Officer of RWE Group CZ within the RWE Group CZ companies, who will then contact the BBH with the outcome of the said investigation. In the event the notifying person left his/her contact details, BBH may, upon statutory body of the respective RWE Group company’s discretion, contact him/her to announce the outcome of the investigation and remedies taken.

How to contact the RWE Green Line?

If you wish to report suspicion on improper act against RWE interests, misconduct, unlawful situation or activity in breach with the RWE Code of Conduct or internal rules of RWE Group companies, you may do so in four languages (Czech, English, Slovak and German) in the following manner:

By telephone:

BBH can be reached on the toll free line 800 900 997. One of the above-mentioned lawyers will be available on business days between 9 a.m. and 7 p.m.

Leave a message on the answering machine:

If you prefer not to talk to anyone, the above-mentioned toll free line 800 900 997 is equipped with an answering machine mechanism which is in operation between 7 p.m. and 9 a.m. on business days and anytime on bank holidays or in the event none of the above mentioned BBH representatives is momentarily available to take your call.

By text message:

For those who do not wish to speak to BBH directly or leave a message on the answering machine, a mobile phone with text messaging facility available at (+420) 723 826 605 and operated by BBH has been arranged. Notifications received via a text message will be handled in manner corresponding to that of answering machine reports.

By e-mail:

You can send an email in which you describe the alleged misconduct or unlawful situation within the RWE Group companies to BBH at rwe-zelenalinka@bbh.cz and at the same time to Simmons & Simmons at rwe-compliance@simmons-simmons.com.

By post:

Report with notification regarding suspicion on improper act against RWE interests, misconduct or unlawful situation within the RWE Group companies can also be communicated to BBH via post at:

    BBH, advokátní kancelář, v.o.s.
    Klimentská 1207/10
    110 00 Praha 1

The word "RWE" shall be visibly written on the envelope such that it is handled in the appropriate manner.

Personally:

Should you wish to discuss your matter with one of the BBH designated representatives in person, you can arrange a meeting with them through the toll free line 800 900 997 and meet them at their offices at:

    BBH, advokátní kancelář, v.o.s.
    Klimentská 1207/10
    110 00 Praha 1

Anonymity of the notifying person

If a notifying person wishes to remain anonymous, BBH and Simmons & Simmons will not forward details of the notifying person to RWE Group companies. However, RWE Group companies strongly encourage non-anonymous reports. However, anonymous incentives are permissible and will be treated in the exactly same way as with any other incentives. In this context it should also be noted that the advantage of a non-anonymous contact is that you can learn about the progress and result of the notification investigation more easily.

What should the notification include?

When filing a report on improper act against RWE interests, unethical behavior, misconduct or unlawful situation occurring in the RWE Group companies, violation of the RWE Code of Conduct, internal rules of RWE Group companies or any other activities which the notifying person finds in breach of the legal regulations, RWE Code of conduct or the internal rules of RWE Group companies, disregarding whether through the RWE Green Line and BBH, the superior or higher superior, you should always try to provide as much information as is available to you such that they are able to verify and investigate the notification.

The following information is of most importance:

• Name and surname of all people to whom the notification refers.
• Company and department such people work in.
• Brief description of what situation/activity is being notified, in particular which RWE Group company and department is involved, why is the situation/conduct seen as unethical, unlawful, breaching the RWE Code of Conduct or internal rules of RWE Group companies, potential threat to the RWE Group companies caused by such situation/misconduct, other parties involved or affected etc.

In the event the report is evaluated as well-founded, it shall be passed on to a special team established to investigate conduct in violation of the legal regulations, RWE Code of Conduct or internal rules of RWE Group companies. There is a Prevention programme in place within the RWE Group companies, i.e. the programme for prevention of improper acts against RWE interests as well as nonstandard behavior and the designated specialized team shall proceed in accordance with said Prevention programme.

False notification

If a notification of improper act against RWE interests, improper or unlawful situation /misconduct within the RWE Group companies is made in good faith and the notifying person’s intention is only to protect the interests of RWE Group companies and prevent the unjust situation, the RWE Group companies will protect the identity of such notifying person even in the event his/her notification is later found not to be based on the truth.

However, in the event a report is made by an employee with the intention to cause harm or damage either to another employee, the RWE Group companies or a third party, disciplinary proceedings may be initiated against such notifying employee. The RWE Group companies will not allow abuse of the Prevention programme, i.e. the programme for prevention of improper acts against RWE interests as well as nonstandard behavior and the implications of such actions shall not be taken lightly.

We appreciate your help and effort made to protect the interests of the RWE Group companies and keeping it a healthy and fair working and business environment.

Yours sincerely,
Ruth Schorn
RWE Chief Compliance Officer