Opinion of OLAF Supervisory Committee

Interne Prüfung durch Europäisches Amt für Betrugsbekämpfung wird erwartet.

Dear OLAF Supervisory Committee,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Opinions of SC in OLAF cases related to FRA Agency based in Austria; documents, Minutes, Letters and any annexes attached to Opinions.

I understand that some parts of the documents may need to be blocked out where they contain confidential information. I don`t seek to access confidential information.

Yours faithfully,

Eamon Dillon

Europäisches Amt für Betrugsbekämpfung

Dear Eamon Dillon,

We acknowledge receipt of your request dated 24 February 2014 registered in OLAF with registration number Ares(2014)494862 on 26 February 2014, in which you request "access to information request - Opinion of OLAF Supervisory Committee".

You may expect to receive a reply from OLAF within 15 working days of the registration of your request.

Best regards,

EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice

Rue Joseph II, 30 • B-1000 Brussels (Belgium)
http://ec.europa.eu/anti_fraud

Our policy regarding personal data protection can be viewed on http://ec.europa.eu/anti_fraud/about-us/...

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Europäisches Amt für Betrugsbekämpfung

Dear Mr Dillon

Thank you for your request which was forwarded to the Supervisory Committee last week.

Opinions of the Committee are available on its website:
http://ec.europa.eu/anti_fraud/about-us/...

The Opinions from the year 2013 and from the beginnings of the year 2014 will be published there in the first week of April.

I can confirm already now that the Committee has not adopted any opinions concerning the FRA Agency.

kind regards,
Marek Kaduczak
Secretary of the OLAF Supervisory Committee

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Dear OLAF Supervisory Committee, Mr Marek Kaduczak

Thank you for your reply of 18 March 2014 and for indicating me where I can read the SC Annual Report 2013. I read. My attention was trapped at page 13 by points 32 and 33:

“32. In January 2014, OLAF published on its website a description of the steps taken within OLAF
when dealing with complaints. Following a request from the SC to see the written decision for
establishing a relevant procedure, in his letter of 17 February 2014, the OLAF DG confirmed
that he considered this web publication to be the formalisation of existing procedures which did
not require a formal written decision on his part.

33. As a result the SC must conclude that its recommendation has not been implemented.
The SC is concerned by the danger of misleading citizens who would like to file a complaint with OLAF. They may think that the text presented on the OLAF website provides them with a legal framework for the complaint while in fact the relevant procedure (for complaints concerning procedural guarantees) does not, formally, exist, there being no legal act constituting the legal basis for such a procedure.”

The Letter of DG OLAF dated 17 February 2014 appears to be as a sort of insubordination, if I can express this aspect in military terminology.

I would like to access the following documents:

1. Letter of 17 February 2014 by DG OLAF (full or partial access/ redacted).

2. Documents for forwarding OLAF cases (closed, dismissed) to Directorates General in European Commission for better action (I refer to Annex 4 page 26 – point 62 “62. The SC received information, from other Directorates-General of the Commission, pointing out that OLAF is dismissing cases, while at the same time forwarding them for action to those Directorates without, however, checking whether they had the necessary competence and powers to act. The SC notes with concern that the Directorates-General of the Commission, which have been considered by OLAF to be better placed to act and thus receive from OLAF information on dismissed cases, are not required to report back to OLAF on actions taken81.”).

3. List containing the situations mentioned in Annex 4 page 26 – point 62 (names of directorates, dates, subject of case). Access can be complete or partial / redacted.

Yours faithfully,

Eamon Dillon

Europäisches Amt für Betrugsbekämpfung

Dear Mr Dillon

Thank you for your interest in the S.C. Report.

You request access, in points 1 and 2, to documents originating from OLAF (OLAF Director General) and not from our Committee supervising OLAF, and normally it is the body issuing a document which should decide on its possible public disclosure.

In point 3 you are requesting information which can be fully provided also by OLAF, because the Supervisory Committee has received information only from some Directorates General of the European Commission which may be possibly not the complete information.

Therefore, if you agree, I would transfer your request to the relevant services of OLAF.

If so, I would then appreciate your informing us about the follow-up given to your request by OLAF and I would ask the same from the OLAF itself.

kind regards,
Marek Kaduczak
Secretary of the OLAF Supervisory Committee

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Dear OLAF Supervisory Committee, Mr Kaduczak,

Many thanks. I agree. Please transfer the request to OLAF.

Yours faithfully,

Eamon Dillon

Europäisches Amt für Betrugsbekämpfung

1 Attachment

Dear Mr Dillon,
 
We refer to your request dated 03 April 2014, registered in OLAF with
registration number THOR (2014)10697.  Your application is currently being
handled.  However, we will not be in a position to complete the handling
of your application within the time limit of 15 working days.  Therefore,
we have to extend the time limit of a few working days.
 
We apologise for the delay and for any inconvenience this may cause.
 
Yours sincerely
 
 
European Commission
DG OLAF
Unit C.4- Legal advice
 
 
 
 

Europäisches Amt für Betrugsbekämpfung

1 Attachment

Dear Mr Dillon,
Thank you for your request for access to documents. Unfortunately you have
not indicated your postal address that is required for registering and
handling your request in line with the procedural requirements. Please
send us your full postal address at your earliest convenience. Pending
your reply, we reserve the right not to handle your request as an
application for access to documents within the scope of Regulation (EC) N°
1049/2001.
For the above-mentioned reasons, you are kindly asked to provide the
missing information via the e-mail address: [1][email address] .
 
 
 
Jean-François SALOMON
Legal Officer
 

Directorate C Investigation Support
Unit C.4 Legal Advice
 
J 30 06/073
B-1049 Brussels/Belgium
+32 2 29 94 629
[2][email address]
 
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Cette communication ne constitue en aucun cas un engagement formel de la
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References

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Dear European Anti-Fraud Office (OLAF),

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of European Anti-Fraud Office (OLAF)'s handling of my FOI request 'Opinion of OLAF Supervisory Committee'.

I am requested to provide my domicile. I live in EU and please use this address for the replies:

Access Info Europe
Cava de San Miguel 8, 4º centro
28005 Madrid
Spain

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/opini...

Yours faithfully,

Eamon Dillon

Dear European Anti-Fraud Office (OLAF),

Kindly please see this http://www.access-info.org/en/european-u...
and pls use when treat my confirmatory review sent a few moments ago.
Thanks a lot.

Yours faithfully,

Eamon Dillon