The platform is online
WebRating
, created by the Antitrust Authority (Autorità Garante della Concorrenza e del Mercato, AGCM) to offer a
rating
official legality rating to companies that apply for it. Here’s how and why.
WebRating
The
WebRating
is a summary indicator of the level of attention, by companies, to compliance with current rules. It is awarded by special resolution of the Antitrust Authority after verification of the data provided by the applicant. With a validity of 24 months and possibility of renewal upon request.
It can be requested by enterprises, including sole proprietors, with:
– operational headquarters (albeit secondary) in Italy, (1)
– Registration in the Register of Companies for at least 24 months,
– minimum turnover of two million euros.(2)
Minimum requirements
The minimum requirements for accessing the legalityrating are defined in special regulations:
– the owner or partners with majority or controlling shares, directors, instigator, general and technical director, proxies with proxies must not have been subject to personal and/or property prevention measures or precautionary measures. Nor convicted of tax offenses, crimes against public administration and workplace health and safety,
– the company must not have had any convictions from the Supervisory Authority or the European Commission for serious wrongdoing or unfair business practices. Must be current with wage, contribution, insurance and tax payments. It must not have had public funding withdrawn from which it is or has been a beneficiary, nor has it been sanctioned by ANAC with measures on corruption prevention, transparency and public contracts. (3)
The rating
The
rating
, or score, varies between one and three stars, due to adherence to the following substantive requirements:
1) adherence to legality protocols or understandings aimed at preventing and countering the infiltration of organized crime into the legal economy, at the Ministry of the Interior or Prefectures-UTG or trade associations,
2) Use of payment traceability systems even for amounts less than those set by law,
3) Adoption of an organizational function or structure, including outsourcing, to carry out the control of compliance of business activities with the regulations applicable to the enterprise. That is, of a organizational model pursuant to legislative decree. 231/01,
4) Adoption of processes aimed at ensuring forms of Corporate Social Responsibility, including by joining programs promoted by national or international organizations and acquiring sustainability indices,
Additional requirements
5) enrollment in one of the lists of suppliers, service providers and executors of works not subject to mafia infiltration attempts, established pursuant to current legal provisions (so-called white list),
6) Have adhered to ethical codes of self-regulation adopted by trade associations or have included mediation clauses in contracts with their clients, when not required by law, for dispute resolution. Or have adopted protocols between consumer associations and business associations, for the implementation of joint conciliations,
7) Have adopted organizational models for preventing and combating corruption,
8) having reported to the judicial authority or the police any crimes (among those specified in the regulations), committed against the entrepreneur or his family members and associates, with subsequent prosecution by the judiciary.
Procedure
The applicant enterprise must register on the platform
WebRating
available on the website of the Competition Authority. And fill out the application, under the responsibility, including criminal responsibility, of its author, who digitally signs it. After due verification, within 60 days of receipt of the request, the AGCM shall decide on the award of the
rating
.
Assuming acceptance of the application, the company is included in the list published on the Authority’s website and can freely communicate the result obtained (but without using the Authority’s logo). With obvious reputational advantages but also in accessing public and private funding.
Dario Dongo and Giulia Torre
Notes
(1) Foreign enterprises can also apply for the rating, provided they have a secondary operating office in Italy, duly registered in the commercial register
(2) Turnover is the sum of revenues from sales and services in item A1 of the income statement, as well as other revenues and services for which related invoices were issued in the fiscal year (year in which the financial statements were closed). No sets of turnovers can be considered on the basis of relationships between enterprises having the forms of consortium, association, network contract, outsourcing
(3) AGCM resolution 12.12.12 no. 13779, as amended. Implementing regulation on legalityrating. Last amended by AGCM resolution 28.7.20 no. 28361, effective 20.10.20
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in law, master in European Food Law, she deals with agro-food, veterinary and agricultural legislation. She is a PhD in agrisystem.
