MESSAGE FROM THE MANAGERS

Over three years have passed since the Code of Ethics’ first version was approved, and, in line with the principle that guides us in carrying out our activity, since we not only comply with the law, but we do so under the aegis of principles, values and ethical standards, the Board of Directors is now providing the stakeholders of Newdock LP, S.L.U. with a new version of our Code of Ethics, adapted to the improvements made to our Compliance Programme and its alignment with the applicable regulations.

Newdock has also adopted respect for ESG (Environmental, Social and Governance) values as a central pillar of its business approach. Key elements of our day-to-day activities include aspects such as respect for the environment throughout an asset’s lifetime or the social impact on users’ well-being and the environment they live in, together with the company’s level of transparency towards society.

Our Code of Ethics includes the values, principles and standards of conduct that underpin our decision-making process. The way we act is a reflection of the Newdock brand and image and, therefore, the cornerstone on which our customers, suppliers, contractors, collaborators, business partners and other third parties, as well as the market and society in general (hereinafter, “stakeholders”), may judge our reputation.

The Board of Directors of Newdock LP, S.L.U., reiterates its firm commitment to ethical business behaviour and adherence to the law.

In carrying out our activities, we invite our stakeholders to adopt the values, principles and standards of conduct laid down in our Code of Ethics, whose main content may be summed up by the motto “towards success through ethics and excellence”, requiring a constant effort from each and every one of us to achieve the highest level of integrity, professional excellence and corporate ethics. Only then can we build successful, sustainable and lasting projects

 

1.- INTRODUCTION

This Code of Ethics lays out the fundamental values, guiding principles and standards of conduct that should govern the performance and behaviour of Newdock´s professionals, including managers, vendors, suppliers, contractors, partners and all those who work for or on behalf of the organisation, like consultants, agents, intermediaries and subcontracted companies.

Today´s business demands are not focused solely on complying with the laws in force in the various legal systems. Our stakeholders expect that organisations achieve high ethical standards, in order to establish proper commercial relationships and other links.

Therefore, complying with the law is not enough; rather, this compliance must be carried out in an ethical manner, namely, on the basis of various values, principles and standards of conduct that should guide the behaviour of each and every one of the professionals, and that, therefore, should reflect the common ethics inherent to the organisation itself.

As a result, Newdock expresses its firm commitment to a corporate culture based on strong ethical standards, by virtue of which each and every one of us has the duty and obligation to comply with the rules set out in this “Code of Ethics”.

In this way, we will contribute to the collective success of the Organisation by promoting our brand in the market and maintaining a good reputation.  Our brand is an intangible asset that is essential to attract and retain talent, client trust, confidence of vendors, suppliers and contractors and also, credibility with financial institutions, government agencies, business partners, as well as market and society in general.

In this way, all the professionals of the organisation must be an active part in our commitment to respect and preserve on a daily basis and with every action Newdock’s brand. We must be aware of the difficulty and great effort that acquiring a good reputation represents for companies and organisations, and also, the ease with which said reputation could be negatively affected in the event of actions or decision-making that are not aligned with the highest ethical and behavioural standards.

For this reason, through this Code of Ethics and its associated policies, procedures and instructions, Newdock reinforces its commitment to comply with the current legislations and promote an ethical behaviour that implies the enhancement of our way of working, our modus operandi, our decision-making and our way of relating to the Organisation´s stakeholders.

 

2.- PURPOSE AND OBJECTIVES

Newdock intends for the conduct of the company and its employees to comply with current legislation, its values, ethical standards and generally accepted principles of sustainable development.

This Code of Ethics further develops and specifies Newdock’s values and is intended as a guide for the conduct of the Company’s managers, professionals and suppliers in a global, complex , changing environment.

The purposes, aims, intentions and main objectives of this Code of Ethics are as follows:

• Identify the values, principles and standards of ethical conduct that should guide the behaviour and conduct of the company’s managers, professionals and suppliers.
• Prevent criminal acts or acts contrary to current legislation and this Code of Ethics from being committed within Newdock, and promote compliance with the internal rules, policies and procedures adopted as part of the Company’s Compliance Programme.
• Promote patterns of behaviour among our stakeholders that align with the Company’s values, principles and standards of conduct.

 

3.- SCOPE OF APPLICATION

This Code of Ethics shall be mandatory and directly applicable to all the Organisation’s professionals, regardless of the type of contract that they may have with it, their geographical location, the functions and tasks they perform, and their hierarchical position or role within the Organisation.

The Code of Ethics shall also apply to suppliers, contractors, collaborators, business partners and all those who work on behalf of the Organisation, such as consultants, agents, intermediaries and subcontractors.

Accordingly, anyone working with or for the Organisation must adapt their conduct to the principles and standards laid down here.

 

4.- VALUES

4.1 Integrity
Correct, honest conduct, in line with the ethical commitments undertaken, safeguards and strengthens Newdock’s reputation and credibility with its customers, employees and partners.

In this regard, all the Organisation’s professionals and business partners working for or on its behalf must perform their activities with honesty, responsibility and integrity in their dealings with stakeholders and, in particular, with customers, colleagues and other professionals.

Under no circumstances will conduct be tolerated that, in seeking to obtain profit for the Organisation, involves dishonest actions or comes in conflict with Newdock’s values and principles.

4.2 Excellence
Providing quality services entails not only technical rigor in the professionals’ activity, but also a constant commitment to responsibility, dedication, loyalty and the pursuit of excellence. This quality requirement necessitates that all Newdock´s members receive sufficient training within the scope of their respective responsibilities, to ensure that clients receive a valid and effective response based on their needs at any given time.

Furthermore, all professionals must diligently carry out the tasks assigned or entrusted to them, trying to provide maximum value and always acting with a collaborative spirit.

4.3 Respect for human rights
The conduct of Newdock’s professionals toward its peers and stakeholders must be based on the principles of dignity and respect, knowing that they represent the public image of the Organisation.

Furthermore, Newdock will carry out its activities in absolute observance of the International Charter of Human Rights.

4.4 Sustainability and social growth
Newdock is aware of its impact on society and the environment and its stakeholders, including employees, customers, suppliers and society in general. Accordingly, it carries out its activities with long-term vision, seeking a balance between achieving its business goals on the one hand, and sustainable development and social growth on the other.

In particular, the Organisation focuses on respecting and safeguarding the environment and wildlife, promoting responsible consumption of natural resources, with the aim of protecting our natural heritage for future generations.

Newdock also seeks to constantly increase employment opportunities while respecting individuals and applicable labour laws.

4.5 Talent development
Newdock is aware that developing its professionals drives growth, innovation and long-term success. It therefore provides learning opportunities for every team member to reach their full potential and contribute effectively to achieving the company’s business goals.

 

5.- GUIDING PRINCIPLES

5.1. Lawful acts and principle of legality
Newdock assumes the commitment to carry out its activity in accordance with the applicable law in all geographic areas in which it operates.

Consequently, our professionals shall reject any illegal practice, making every effort and commitment to comply with the laws, rules and regulations, especially those relating to fraud, bribery and corruption.

5.2. Non-discriminación and equal opportunities
Newdock encourages the creation of a work environment where all professionals are treated with impartiality, respect and dignity, guaranteeing sexual freedom and paying special attention to promoting fair treatment and equal opportunity.

Therefore, the organisation will not tolerate any discrimination based on birth, race, sex, sexual orientation, religion, opinion or any other personal or social condition or circumstance.

5.3. Zero tolerance of harassment
Newdock absolutely rejects any behaviour or attitude that could violate the dignity of individuals or which, directly or indirectly, could constitute a behaviour or attitude of harassment, in any of its various forms.

5.4. Confidentiality
All documentation and information available to Newdock’s professionals, whether verbal or written, provided by customers, third parties or related to internal know-how, will be treated with absolute confidentiality and exclusively for the organisation’s business purposes, applying this duty to all matters known to professionals in all their fields of action.

 

6.- STAKEHOLDER RELATIONS MANAGEMENT

6.1 Employee Relations
Equal opportunities and zero tolerance of harassment
All Newdock’s human resources processes, from selection and recruitment to promotion and professional development, must always follow the principles of fairness and equal opportunity, and any form of direct or indirect discrimination based on birth, race, gender, sexual orientation, religion, opinion or any other personal or social condition or circumstance is strictly prohibited.

Newdock also promotes individual dignity, equality and respect and requires all members of the Organisation to behave in accordance with these values and principles.

Furthermore, Newdock rejects any behaviour or attitude that could violate the dignity of persons or that, directly or indirectly, could constitute a behaviour or attitude of harassment, in any of its various forms.

Occupational health and safety protection
Newdock works constantly to protect the safety, health and well-being of all its employees.

In this regard, an Occupational Hazard Prevention Plan has been implemented and maintained, which aims to promote the improvement of working conditions with a view to raising the levels of employee safety, health and well-being.

Professional development and training
Professionals represent one of Newdock’s most important assets.

That is why we pay the utmost attention to improving human resources and we base our selection, recruitment and professional development procedures on a model based on the pillars of loyalty, competence, dedication and the pursuit of excellence, in line with our values of “Integrity” and “Talent Development”.

Use of the Organisation’s assets
All the Organisation’s professionals, as well as its Business Partners, must use and maintain Newdock’s assets, consisting of movable and immovable property, tangible and intangible, including intellectual and industrial property, in accordance with the diligence of a good parent and exclusively for work purposes.

The use of work equipment must be in accordance with the organisation’s policies and applicable occupational health, safety and hygiene legislation.

Newdock’s systems and software must be used within the limits strictly necessary for performing the activities and work to be carried out and developed by the organisation’s professionals. Its use for purposes other than those inherent to the employment relationship is prohibited.

Access shall be protected by a system of authorisations, and it is strictly forbidden to provide any other individual with personal access credentials to the computer systems.

Human rights
Newdock is committed to and bound by the human rights enshrined in national and international law.

The organisation supports and respects the protection of internationally proclaimed human rights and ensures that it is not party to human rights abuses in conducting its activities.

 6.2 Customer relations
Newdock is committed to providing the highest quality service on a daily basis, which implies a constant commitment to responsibility, dedication, loyalty and the pursuit of excellence, aimed at maintaining and strengthening its reputation with its customers and its stakeholders in general.

Furthermore, it requires its staff and business partners to always act in line with Newdock’s principles and standards of conduct, rejecting any practice aimed at obtaining or retaining undue advantage or securing an improper benefit in performing the Organisation’s activities.

6.3 Business partner relations
Newdock has business relations with partners of recognised reputation and experience, where integrity, transparency and mutual trust must prevail at all times, in compliance with applicable laws and the values and principles set out in this Code of Ethics.

6.4 Supplier relations
Newdock’s objective is to supply goods and services of the highest quality, guaranteeing at all times an optimum quality-price ratio, maintaining a level of total transparency in its relations with suppliers.

The Organisation shall adapt the supplier selection processes to criteria of objectivity and impartiality and shall avoid any Conflict of Interest or favouritism in their selection.

The Organisation’s professionals undertake to comply with the internal procedures established for contracting procedures, including in particular those referring to the approval of suppliers.

The information provided by the Organisation’s professionals to their suppliers shall be truthful and shall not be presented with the intention of inducing deceit.

The Organisation’s professionals shall avoid any kind of interference or influence from suppliers or third parties that may alter their impartiality and professional objectivity and may not receive any kind of remuneration from the organisation’s suppliers or, in general, from third parties, for services related to the professional’s activity within Newdock’s remit.

6.5 Relations with government authorities
The relations of all the Organisation’s professionals with public agencies and government authorities must be based on the principles of legality, transparency, loyalty, trust, professionalism, collaboration, reciprocity and good faith, rejecting any type of conduct or practice aimed at obtaining or retaining undue advantages or ensuring inappropriate benefit in conducting Newdock’s activities.

Therefore, the management of relations, of any kind, with government agencies, as well as with organisations that carry out activities of public utility or interest, shall be entrusted exclusively to the Organisation’s personnel appointed and/or authorised to do so.

6.6 Relations with inspection agencies
Newdock’s relations with inspection agencies are based on maximum collaboration in full respect of their institutional role, refraining from any behaviour that could hinder, limit or mislead the inspection activity, implementing promptly the requests and indications received.

6.7 Relations with political parties and trade unions
Newdock does not make contributions of any kind, directly or indirectly, to trade unions or political parties, federations, coalitions or voter groups.

Similarly, direct or indirect donations to political representatives and candidates, companies, organisations, associations, foundations or groups of influence linked to political parties, and donations to trade unions, companies, organisations, associations, foundations or groups of influence linked to political parties are prohibited.

6.8 Relations with the press and other media
Actions carried out through Newdock’s various communication channels (such as press, radio, television, corporate website, intranet, social networks, etc.) must be inspired by the principles of integrity, responsibility and transparency of information.

Relations with the press and media shall be conducted through the Organisation’s Professionals empowered to do so, who shall respect and act in a manner consistent with these principles.

 

7.   STANDARDS OF CONDUCT

 7.1 Confidential information
In the course of their activities, the Organisation’s professionals and business partners have access to a large amount of confidential information. It is our duty and fundamental responsibility to protect this information.

Therefore, any disclosure and/or use of information that may cause harm, danger or damage to Newdock, or undue gain or advantage to the organisation’s professionals and/or business partners, is strictly forbidden.

 7.2 Integrity of financial information
Newdock undertakes to keep orderly accounts in accordance with the principles of correctness, completeness, clarity and transparency, and to comply at all times with applicable tax and fiscal regulations.

In this regard, the Organisation has the necessary internal procedures in place to ensure that all transactions are not only correctly recorded, but also authorised, verifiable, legitimate, coherent and consistent.

The Organisation’s financial information, and in particular the annual accounts, shall give a true and fair view, in all material respects, of its assets, financial position and results of operations as required by law.

Accordingly, no manager, professional or supplier shall conceal or misrepresent the information in Newdock’s accounting records and reports, which shall be complete, accurate and truthful.

7.3 Personal data protection
Newdock respects confidentiality and is firmly committed to safeguarding personal data collected in relation to or in connection with the performance of its activities, whether such data is held by employees, business partners, customers or third parties.

We therefore require strict compliance with the regulations governing personal data protection, in accordance with the provisions of Regulation (EU) 2016/679 (RGPD), and Organic Act 3/2018, on Personal Data Protection and Digital Rights (LOPD) and any texts that may replace or supplement the above.

7.4 Free market and competition
Newdock operates on the markets fairly, in good faith and in compliance with the principle of free competition.

In particular, it undertakes to comply with national and European Union antitrust regulations, requiring the organisation’s professionals and business partners to refrain from any conduct conducive to preventing, restricting or distorting competition in the common market.

7.5 Managing conflicts of interest
A conflict of interest occurs when a professional’s private interests (such as external, financial, family, political or personal businesses) might interfere with the interest of Newdock.

It is a situation of opposing interests that occurs when the interest that should guide the professional’s conduct is shifted, altered or influenced by a personal interest, giving rise to the possibility that the person’s actions, the performance of his functions, the execution of his responsibilities and his decision-making process can be detached from criteria of objectivity and impartiality.

Therefore, the interest that should govern the performance of Newdock´s professionals, namely the interest of the organisation, can never clash with or be compromised by a personal interest.

Accordingly, our professionals must perform their duties and tasks with absolute responsibility, dedication, loyalty and the pursuit of excellence, as stated in the values and principles of this Code of Ethics.

7.6 Prevention of money laundering and the financing of terrorism
Newdock acts with the utmost rigour to prevent any operations, transactions or activities involving money laundering or the financing of terrorism, guaranteeing a solid commitment to compliance with all applicable national and international regulations in this regard.

All the organisation’s professionals therefore have the absolute duty to pay special attention to possible cases where there exists evidence of a lack of integrity by persons, companies, entities or organisations with which they enter into commercial or business relations.

 7.7 Environmental protection
Newdock carries out its activities with respect for and protection of the environment, complying with or improving the standards laid down in the applicable environmental regulations, minimising the impact that its activities may have on the environment.

Newdock adopts respect for ESG (Environmental, Social and Governance) values as a cornerstone of its business approach.

Assets will be LEED certified, which stands for Leader in Energy Efficiency and Sustainable Design. This means that logistics assets are built to eco-efficiency standards and meet sustainability requirements. This certification results in:

• Safer buildings for their occupants.
• Improved levels of energy and water efficiency.
• Use of recycled materials.
• Maximum care for the environment and respect for native vegetation

 7.8 Corporate courtesy
Certain actions carried out improperly could give rise to corrupt practices or bribery, based on the risk that, by acting in such a way, the aim is to influence the other party, modifying their will so as to obtain an unjustified consideration or benefit from them.

Newdock actively counters any corrupt practice that may arise, which involves not only a violation, infringement or breach of the rules of our legal system, but also a lack of adherence to the Organisation’s ethical standards.

In this respect, business courtesy of only modest value is allowed and, in any event, such that the other party or an outside, impartial third party, does not have the impression that it is intended to obtain or grant undue advantage, or that it creates the impression of illegality or immorality. Gifts, donations or sponsorships must always be made in compliance with the rules of the organisation laid down for this purpose and must be properly documented.

 

8.- SUPERVISION

8.1 Compliance function
Newdock’s Compliance Function is implemented through the Compliance Officer, who has been appointed by the organisation’s Board of directors and has independent powers of initiative and control to supervise, monitor and control effective compliance with this Code of Ethics.

The Compliance Function is in charge of supervising, overseeing and controlling effective compliance with this Code of Ethics. Its powers and responsibilities are governed by the Compliance Function Regulations.

8.2 Internal Reporting System
In order to generate an environment of transparency and encourage respect for the law and the rules of conduct laid down in this Code of Ethics by its administrators, its professionals and its suppliers, in accordance with the applicable regulations, Newdock has established an Internal Reporting System, provided for in the Internal Reporting System Regulation Policy and the Internal Investigations Protocol, as a channel to encourage reporting or informing of possible irregular actions or potential illegal acts or acts contrary to the law or to the rules of conduct of this Code of Ethics.

Notifications made through the Internal Reporting Channel must meet criteria of truthfulness and proportionality, and may not be used for purposes other than those that seek compliance with the provisions of the Whistleblower Protection Law 2/2023, of 20 February, regulating the protection of persons who report breaches of the law and the fight against corruption.

Complaints or reports made through the internal reporting channel may be made anonymously.

Under the terms of the regulations, Newdock undertakes not to adopt (and to ensure that its professionals do not adopt) any form of direct or indirect retaliation, including threats or attempted retaliation, against managers, staff or suppliers who have reported through the internal reporting channel any conduct or act which, pursuant to the provisions of this Code of Ethics, must be notified or reported, unless they have acted in bad faith or the report or information were false.

Similarly, it undertakes, under the terms provided in the regulations, not to adopt (and to ensure that its professionals do not adopt) any form of direct or indirect retaliation, including threats or attempts of retaliation, against: (i) any individual who, within the framework of the organisation in which the informant provides services, assists the informant in the process, or is related to him/her, as a representative of the employees, co-worker or family member; and (ii) any legal entity, for which the informant works or with which he/she has another type of relationship in an employment context or in which he/she has a significant shareholding

8.3 Disciplinary system
Non-compliance, infringement or breach of the rules set forth in this Code of Ethics, and in the Compliance Program, shall entitle Newdock to take the applicable disciplinary measures against the Organisation’s professionals, in accordance with the internal disciplinary regime and, in any event, in accordance with the Workers’ Statute, the Collective Bargaining Agreement and any other provisions on labour matters that may be applicable.

Furthermore, in relation to business partners, suppliers and other third parties with whom it has business relations, behaviour contrary to the values, principles and standards of conduct contained in this Code of Ethics and the regulations in force, in the most serious cases may be considered a breach of the duties of loyalty and contractual good faith, for which Newdock may take the appropriate civil or commercial measures

 

9.- COMMUNICATION AND PUBLIC INFORMATION

Newdock’s reputation and image must be continuously protected. It is therefore essential to give full disclosure, awareness and observance of the values, principles and standards of conduct contained in this Code of Ethics.

In this respect, Newdock will inform all its members, and each new professional who joins, of this Code of Ethics, its contents, the mandatory nature of its adherence and the consequences that may arise from its breach, infringement or non-compliance.

This will ensure that all the Organisation’s professionals, from the very moment they join the organisation, are aware of the values, principles and rules of conduct that must govern their actions and behaviour, keeping in mind that they must be the first to set a consistent example between the provisions of this Code of Ethics and their daily conduct.

For that purpose, this Code of Ethics shall be circulated to all the Organisation’s professionals by means of digital and physical distribution. It shall also be available on the Organisation’s website.

 

10.- APPROVAL AND EFFECTIVENESS

This Code of Ethics has been approved by Newdock’s Board of Directors and shall enter into effect and shall remain in force from the day following its communication or distribution to the Organisation’s professionals.

 

SCHEDULE 1.- TERMS AND DEFINITIONS

Business partner: An external individual or legal entity with which the organisation has, or plans to establish, any kind of business relationship.

Examples: agents, intermediaries, suppliers, contractors, etc.

Compliance Function: Individual or organisational entity vested with independent powers of initiative and control, with responsibility for supervising the Compliance Programme’s operation and enforcement.

Compliance Program: Set of policies, procedures, instructions, plans, protocols, measures, controls and other internal organisational measures aimed at achieving regulatory compliance and ensuring effective operations, efficient use of resources, fraud prevention and obtaining reliable economic and financial information.

Conflict of Interest: A situation of conflicting interests that occurs when the interest that should govern the actions of a professional, i.e. the interest of the Organisation, is displaced, altered or influenced by a personal interest, giving rise to the possibility that the person’s conduct, the exercise of his/her functions, the assumption of his/her responsibilities and his/her decision making may deviate from criteria of objectivity and impartiality.

Employees: Individuals in a relationship recognized as an employment relationship under national legislation or practice, or in any contractual relationship whose activity depends on the organisation.

External reporting channels: Channels created within the competent entities and authorities whereby whistleblowers can report infringements.

Internal Reporting System: This includes the internal channels implemented to channel notifications of breaches of European Union Law and actions or omissions that may constitute serious or very serious criminal or administrative offences to the extent provided by article 2 of Law 2/2023, of February 20, regulating the protection of persons who report violations of the law and the fight against corruption,  and the appointment by the governing body of a person in charge of the Internal Reporting System, a policy stating the system’s general principles, a procedure for managing the notifications received and a log book of notifications received and the internal investigations conducted.

Organisation: Newdock

Professionals of the organisation: Employees, middle managers, managers, administrators and directors of the organisation and other persons who are hierarchically subordinate to any of the above.

Report: Report of suspected infringements, violations and non-compliances, actual or potential, that have occurred or may occur within the Organisation.

Third party: a person or entity, independent of the Organisation.