Model of Prevention and Detection of Criminal Offences

The provisions of Organic Law 1/2015, of 30 March, have introduced the reform of the Criminal Code in Spain, making directors and administrators criminally liable in cases where they do not exercise due control and supervision to impede criminal offences from being committed within the company sphere.

Given the nature of its business activities, the criminal offences envisaged in the law and applicable to the SENER Group are as follows:contraband, offences against the market and consumers, against the Public Treasury and Social Security, against privacy and unauthorized access, against intellectual and industrial property, against the rights of workers, against natural resources and the environment, the offence of price alteration in public tenders and auctions, of money laundering, of bribery, of illegal construction, building or development, of business corruption, of computer damage, of attack, of non-admission of service, of fraud, of illegal funding of political parties, of frustration of execution, of criminal acts of bankruptcy such as the concealment of assets and criminal insolvency, of obstruction of inspection or supervision activity, the offence of provoking discrimination, hatred or violence, offences derived from themanufacture, handling, transport, ownership or sale of explosives, inflammable or corrosive, toxic and asphyxiating substances, the offence of exercising undue influence and offences caused by the release of nuclear energy and radioactive elements.

Consequently, before said law came into force, the SENER Group carried out an exhaustive analysis to determine its degree of compliance and alignment with the new Criminal Code and, based on the recommendations received from independent advisers, has implemented a Model for the Prevention and Detection of Criminal Offences in accordance with the requirements of said reform.

The aim of this model is, on the one hand, to guarantee before the judicial and administrative bodies that the Group’s companies comply with the monitoring and supervision obligations demanded in accordance with its activities and, on the other hand, to reinforce the Group’s commitment to good practices and good Corporate Governance.

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