ANTI-CORRUPTION POLICY of the Agricultural Paying Agency

Article 1 Introductory Provisions

1) This Anti-Corruption Policy of the Agricultural Paying Agency (hereinafter referred to as the "Anti-Corruption Policy") is adopted by the Agricultural Paying Agency (hereinafter referred to as the "PPA") in accordance with the requirements of ISO 37001: 2016 (hereinafter referred to as "ISO 37001") and in accordance with the Anti-Corruption Policy of the Slovak Republic.

2) The purpose of the Anti-Corruption Policy is to strengthen corruption prevention at PPA, to minimize the room for corruption and other anti-social activities, to minimize the emergence of corruption risks, to provide a framework for setting, reviewing and achieving anti-corruption goals, to create a culture of integrity, transparency and compliance with rules and regulations.

3) The Anti-Corruption Policy applies to all employees of PPA and to all persons acting on its behalf, and all contractual partners of PPA undertake to comply with it as well.  

Article 2 Definition of Corruption

For the purposes of the PPA Anti-Corruption Policy, the following definition of corruption shall be used: 

Corruption is defined as offering, promising, giving, receiving or demanding an undue advantage of any kind, whether pecuniary or non-pecuniary, acting or refraining from acting, directly or through an intermediary, in connection with the procurement of a matter of general interest or in breach of applicable law, as well as a bribe or reward to a person for acting or refraining from acting in connection with the performance of his or her duties, the exercise of his or her powers, profession or function. Corruption shall also mean the abuse of power or position for one´s own benefit or for the benefit of others.

Corrupt conduct shall be defined as conduct prejudicial to the public interest, in particular abuse of power, authority, influence or position, incitement to such abuse, clientelism, cronyism, nepotism, favouritism, blackmail, favouring of personal interest over public interest in the performance of official or professional duties, giving and receiving undue advantages without a legitimate entitlement to receive a quid pro quo, misappropriation of public funds, acts which may reasonably be assumed to indicate an intention to be a party to a corrupt relationship.

In accordance with the Anti-Corruption Policy of the Slovak Republic, the Anti-Corruption Programme of the Ministry of Agriculture and Rural Development of the Slovak Republic, the organisations under its founding and establishing competence and the advance payment organisation under the understood as abuse of power or position for one´s own benefit or for the benefit of other persons.

Article 3 Principles of Anti-Corruption Policy

1) Any form of corruption shall be prohibited. Neither PPA employees nor persons acting on its behalf shall accept any gift, hospitality or advantage which might appear to influence a decision, to impair the independence and impartiality of decision-making, or the acceptance or offering of which might appear to constitute corruption. 

2) Every natural and legal person with whom the PPA comes into contact has the right to report any suspicion of corruption or other anti-social activity of any employee of the PPA in good faith and on reasonable grounds, anonymously or non-anonymously, to the anti-corruption mailbox korupcia@apa.sk, electronically at protispolocenska.cinnost@apa.sk or personally to the person responsible. 

1) Employees have the right to report in good faith, on reasonable grounds and without fear of any reprisal, corruption and other anti-social activity to the person entrusted with the function of overseeing compliance with anti-corruption standards and rules at the PPA (hereinafter referred to as the "Supervisor").

2) The PPA undertakes to create conditions for reporting suspected corruption pursuant to paragraphs 2 and 3, to ensure proper and timely verification of such reports, to prevent direct and indirect retaliation or reprisals against whistleblowers, and to take remedial measures.

3) Retaliatory activity shall be prohibited. No one shall be punished for expressing concern about a breach of the rules of the anti-corruption management system and/or a decision taken in accordance with the rules and regulations governing the PPA.

4) PPA undertakes to ensure confidentiality and protection of the identity of the whistleblower of corruption and other anti-social activities.

5) The Director-General shall appoint a Supervisor as an independent representative of the anti-corruption management system at the PPA. Such person shall not have a conflict of interest in the exercise of his/her powers

6) Contractual partners who conclude a contractual relationship with the PPA undertake to comply with the principles of the Anti-Corruption Policy of the PPA, as set out in this document, at least throughout the duration of the contractual relationship, or, if the nature of the contractual relationship so implies, in particular if the provision of funds by the PPA has been made, also after the termination of the contractual relationship.  

Article 4 Compliance with the Anti-Corruption Policy within the PPA

1) The Director General of the PPA, the Secretary General of the PPA (hereinafter referred to as "Secretary General") and all PPA employees are obliged to comply with this Anti-Corruption Policy.

2) A culpable failure to comply with or violation of the rules and regulations resulting from the Anti-Corruption Policy, as well as acting in conflict with the procedures adopted within the framework of the anti-corruption management system, shall be considered as a breach of professional or working discipline.

3) The Supervisor shall, if necessary, provide advice to PPA employees on the application of the Anti-Corruption Policy, relevant rules and regulations. 

Article 5 Evaluation and Improvement of the Anti-Corruption Management System  

1) The PPA shall enhance the effectiveness of the corruption prevention and the anti-corruption management system through a corruption risk management mechanism. Where necessary, corrective measures shall be taken.

2) The implementation of the anti-corruption management system as well as the Anti-Corruption Policy shall be regularly monitored, evaluated and, where necessary, updated by the Supervisor. 

3) The PPA undertakes to meet the requirements arising from the anti-corruption management system and to continuously improve it. To this end, PPA employees may make suggestions to the Supervisor. 

Article 6 Compliance with the Anti-Corruption Policy by Contractual Partners

1) For the purposes of this document, a contractual partner shall be understood as a supplier, customer, applicant and/or beneficiary who supplies goods and/or services to the PPA or to whom the PPA provides funds under the relevant legislation, including its owners, statutory bodies, employees, subcontractors, agents who carry out activities related to the negotiation, conclusion or performance of a contract with the PPA.

2) The PPA expects contractual partners to condemn corruption in any form and to take appropriate anti-corruption measures in connection with the negotiation, conclusion and/or performance of a contract with the PPA. The contractual partner and/or any person acting on its behalf, including its employees and business partners, shall refrain from any form of corruption or activities that could be considered as corruption.

3) The contractual partner shall not permit, approve or authorise any conduct in connection with the negotiation, conclusion or performance of a contract with PPA that would cause the Parties to violate any applicable generally binding anti-corruption legislation.

4) The contractual partner shall not offer, provide or undertake to provide to any employee, agent or third party acting on behalf of the PPA, nor shall the Contractor accept or undertake to accept from any employee, agent or third party acting on behalf of the PPA, any undue gift or other advantage, whether pecuniary or otherwise, in connection with the negotiation, conclusion or performance of a contract with the PPA.

5) The PPA reserves the right to carry out, in case of doubt, such checks as it deems necessary to ensure that the Anti-Corruption Policy within the meaning of this document is complied with and, in case of suspicion of corruption, the contractual partner is obliged to provide the PPA or other competent authorities with the necessary cooperation.

6)  Violation of this Anti-Corruption Policy by the contractual partner will be sanctioned taking into account the severity of the act and the severity and extent of the consequences of the violation with sanctions in accordance with the contract concluded with the contractual partner or in accordance with generally binding legislation. Any breach of the anti-corruption principles set out in this document constitutes a significant breach of contract by the contractual partner and PPA is entitled to withdraw from the contract immediately, unless other sanctions are agreed in the contract.