Specific instance to the NCP
A specific instance is a request made by a stakeholder to the NCP to provide good offices.
Interested stakeholdeors deeming that the conduct of a company causes or risks to cause a negative impact in the matters covered by the Guidelines (human rights, disclosure, environment ...), have the possibility to submit a specific instance to the NCP for it to offer its good offices (e.g. a mediation) to helps the parties to resolve the issue consensually and in accordance with the principles of the Guidelines.
If the parties reach an agreement, this concludes the procedure.
Otherwise, the procedure ends with an NCP final statement, that summarise the case and may also contain recommendations to the parties on how to implement the Guidelines in the specific case. Both the agreement between the parties and the recommendations eventually contained in the final statement are forms of implementation of the Guidelines.
Who can submit a specific instance and towards whom?
Anyone who is a stakeholder (individuals, NGOs, trade unions other companies, etc...) to the issue arisen can submit a specific instance to the NCP.
It is also possible to submit and carrry on a specific instance and act in it on behalf of identified other parties.
The specific instance is submitted towards one or more Italian multinational companies or foreign multinational companies operating in Italy, if the latter are based in one of the Countries adhering to the Guidelines.
The Guidelines do not provide a precise definition of multinational enterprise (MNEs), but offer several indications stating that: these enterprises operate in all sectors of the economy. They usually comprise companies or other entities established in more than one country and so linked that they may coordinate their operations in various ways. While one or more of these entities may be able to exercise a significant influence over the activities of others, their degree of autonomy within the enterprise may vary widely from one multinational enterprise to another. Ownership may be private, State or mixed.
However, the Guidelines are addressed to all the entities within the multinational enterprise (parent companies and/or local entities). According to the actual distribution of responsibilities among them, the different entities are expected to co-operate and to assist each other to facilitate the observance of the Guideline.