| Chapter 1 - Definitions
Article 1
In these rules the following terms shall have the following meanings:
- employee: a person, working for the company and its group companies;
- company: Koninklijke Vopak N.V.;
- chairman of the Executive Board: the chairman of the Executive Board of the of the company;
- chairman of the Supervisory Board: the chairman of the Supervisory Board of the company;
- manager: the person directly managing the employee;
- confidential adviser: the person designated by the chairman of the Executive Board to act in that capacity for the company and its group companies;
- suspected irregularity: a suspicion based on irregularities of general, operational and financial nature in connection with:
- an (imminent) criminal offence;
- an (imminent) violation of laws and regulations;
- an (imminent) intention provision of incorrect information to public bodies;
- violation of rules of conduct applicable within the company;
- (imminent) intentional suppression, destruction or manipulation of information regarding those facts.
Chapter 2 - Procedure
Article 2 |
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1. |
Unless an exception applies as referred to in article 4 paragraph 2, employees shall
report suspected irregularities internally to their manager or, if they consider reporting
to the manager inappropriate, to the responsible manager or if they consider
reporting to the responsible manager inappropriate, to the confidential adviser. They
may also report to the confidential adviser in addition to the manager or to the
responsible manager.
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2. |
The manager, the responsible manager or confidential adviser shall on request make
a written record of the report and of the date of its receipt and shall have the
employee concerned sign the record for approval. The employee shall receive a copy
of the record. The manager, the responsible manager or confidential adviser shall
procure that the chairman of the Executive Board shall be informed immediately of a
suspected irregularity and of the date on which it was reported, and he shall procure
that the chairman of the Executive Board receives a copy of the record.
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3. |
The chairman of the Executive Board shall send a confirmation of receipt to the employee
who reported the suspected irregularity. The confirmation shall refer to the original report. This
shall also apply where the employee has reported his suspicions to the confidential adviser
rather than his manager or responsible manager.
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4. |
Immediately after the employee’s report, the Executive Board shall start an investigation into
the suspected irregularity.
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5. |
The employee who has reported the suspected irregularity and the person to whom he has
reported shall keep the report confidential. No information shall be provided to third parties in
or outside the company and its group companies without the consent of the chairman of the
Executive Board.
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Article 3 |
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1. |
Within four weeks from his internal report, the employee shall be informed in writing, by or on
behalf of the chairman of the Executive Board, of the Executive Board’s position with regard
to the suspected irregularity and the action taken as a consequence of the employee’s report.
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2. |
If no position can be given within four weeks, the employee shall be notified thereof by or on
behalf of the chairman of the Executive Board and be given an indication as to when he will
be informed of the Executive Board’s position.
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Chapter 3 - Reporting to the chairman of the Supervisory Board
Article 4 |
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1. |
The employee may report the suspected irregularity to the chairman of the Supervisory
Board, as mentioned in article 1, if:
- he disagrees with the position referred to in article 3;
- he has not been given a position within the requisite period, as referred to in the first and second paragraphs of article 3;
- the period as referred to in the second paragraph of article 3 is, given all circumstances, unreasonably long and the employee has objected against this to the chairman of the Executive Board, but the latter has not indicated a shorter, reasonable period;
- the suspected irregularity concerns a managing director of the company, or
- an exception as referred to in the next paragraph applies.
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2. |
An exception as referred to in the previous paragraph applies if there is
- a situation in which the employee has reasonable grounds to fear that an internal report would lead to countermeasures;
- a previous, duly submitted, internal report about essentially the same irregularity, which has not removed the irregularity.
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3. |
The chairman of the Supervisory Board shall on request make a written record of the report
and of the date of its receipt and shall have the employee concerned sign the record for
approval. The employee shall receive a copy of the record.
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4. |
The chairman of the Supervisory Board shall send a confirmation of receipt to the employee
who reported the suspected irregularity. If the employee has previously reported the
suspected irregularity, the confirmation shall refer to the original report.
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5 |
Immediately after the employee’s report, the Supervisory Board shall start an investigation
into the suspected irregularity.
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6. |
The employee who has reported the suspected irregularity and the person to whom he has
reported shall keep the report confidential. No information shall be provided to third parties in
or outside the company and its group companies without the consent of the chairman of the
Supervisory Board.
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Article 5 |
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1. |
Within four weeks from his internal report, the employee shall be informed in writing, by or on
behalf of the chairman of the Supervisory Board of the Supervisory Board’s position with
regard to the suspected irregularity and the action taken as a consequence of the employee’s
report.
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2. |
If no position can be given within four weeks, the employee shall be notified thereof by or on
behalf of the chairman of the Supervisory Board and be given an indication as to when he will
be informed of the Supervisory Board’s position
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