OLAF and MEPs
Dear European Anti-Fraud Office,
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:
First of all please accept my apologies – this request is similar to one I submitted earlier this year. The reason I am resubmitting is because I failed to submit a challenge to your reply in the allotted time.
In light of your reply and concerns considering my initial request, I have now changed the demand, so that it stands a better chance of success.
Here it is:
I am looking for details of investigations by OLAF into MEPs for the last five years. For all completed investigations, please tell me the name of the MEP, what he/she was investigated for, the outcome and which authority the case file was passed to (and when).
Yours faithfully,
Regards,
Chris Harris
56 Quai Rambaud
69002 - Lyon,France
Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping
[4]Ares(2016)2257693 - Freedom of Information request - OLAF and MEPs
Sent by OLAF-FMB C4 <[OLAF request email]>. All responses have to be
sent to this email address.
Envoyé par OLAF-FMB C4 <[OLAF request email]> . Toutes les réponses
doivent être effectuées à cette adresse électronique.
Dear Mr Harris,
We hereby acknowledge receipt of your application for access to documents
of 02 May 2016, which was registered under reference number Ares
(2016)2227957.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
7/05/2016. In case this time limit needs to be extended, you will be
informed in due course.
You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. Therefore the European Commission cannot be held
accountable for any technical issues or problems linked to the use of this
system.
Yours faithfully,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
[5]http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on
[6]http://ec.europa.eu/anti_fraud/about-us/...
Dear Mr Harris,
Please find attached our reply to the above mentioned matter.
Yours sincerely,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Unit C.4 Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
http://ec.europa.eu/anti_fraud
Dear European Anti-Fraud Office,
Thank you very much for your reply.
I'm sorry you are unable to help me with my request.
Can I, however, put my side of the argument to some of your points.
1). You argue that you are only obliged to release the information if it is held in 'existing documents', adding that this is not the case here because the information is held in a database.
Can I refer you to this case law on the matter of databases, in particular point 6/7?
http://curia.europa.eu/juris/document/do...
The ECJ ruling reads: "Secondly, it is clear from Article 3(a) of Decision 2004/258 that the nature of the storage medium on which content is saved is irrelevant to the question whether that content does or does not constitute a document. It can therefore be either a traditional type of medium, such as paper, or a more sophisticated type of medium."
2) You argue the information I reques t relates to internal investigations and that OLAF is duty bound to keep this information confidential.
I take your point - especially in cases where a European Commission employee was investigated, for example.
But MEPs, as elected representatives, are different.
Regulation (EC) No 1049/2001 says: "Access to an internal document drawn up by an institution may be refused if there is a risk that its disclosure would seriously undermine that institution's decision-making process, unless there is an overriding public interest in its disclosure."
I am not asking for all the information in the case file, merely the basic facts to hold the EU's elected officials to account.
That was why I was careful to only ask for the MEPs' name, what he/she was investigated for and the outcome.
Please consider my points and let me know if I can clarify my request any further.
Yours faithfully,
Chris Harris
Dear Mr Harris,
We hereby acknowledge receipt of your application for access to documents
of 02 June 2016, which was registered under reference number Ares (2016)
2589286 on 03/06/2016.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days from the date of the registration.
The time limit will expire on 24/06/2016. In case this time limit needs to
be extended, you will be informed in due course.
You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. Therefore the European Commission cannot be held
accountable for any technical issues or problems linked to the use of this
system.
Yours faithfully,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
[1]http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on
[2]http://ec.europa.eu/anti_fraud/about-us/...
References
Visible links
1. http://ec.europa.eu/anti_fraud
2. http://ec.europa.eu/anti_fraud/about-us/...
Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping
[4]Ares(2016)2923251 - Re: Your application for public access to documents
Sent by OLAF-FMB C4 <[OLAF request email]>. All responses have to be
sent to this email address.
Envoyé par OLAF-FMB C4 <[OLAF request email]> . Toutes les réponses
doivent être effectuées à cette adresse électronique.
Dear Mr Harris,
We refer to your email dated 1 June 2016 in which you make a request for
access to documents, registered under reference number Ares (2016) 2589286
on 3 June 2016.
Your application is currently being handled. However, due its complexity,
we will not be in a position to complete the handling of your application
within the time limit of 15 working days from registration, which expires
on 24 June 2016.
Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 15 July 2016.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
[5]http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on
[6]http://ec.europa.eu/anti_fraud/about-us/...
Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping
[4]Ares(2016)3554420 - Your confirmatory application
Sent by OLAF-FMB C4 <[OLAF request email]>. All responses have to be
sent to this email address.
Envoyé par OLAF-FMB C4 <[OLAF request email]> . Toutes les réponses
doivent être effectuées à cette adresse électronique.
Dear Mr Harris,
In our message from 23 June OLAF informed you that you will receive a
reply to your confirmatory application on 15 July 2016.
We are in the process of finalising the reply; however, due to its
complexity and necessary internal consultations, additional time is
needed. We will get back to you as soon as possible.
We thank you in advance for understanding and apologise for this delay and
any inconvenience this may cause.
Yours faithfully,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
[5]http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on
[6]http://ec.europa.eu/anti_fraud/about-us/...
References
Visible links
1. file:///tmp/cid:filelist.xml@01D1E0D6.8CCCA4E0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. http://www.cc.cec/Ares/ext/documentInfoD...
5. http://ec.europa.eu/anti_fraud
6. http://ec.europa.eu/anti_fraud/about-us/...
Dear Mr Harris,
Please find attached copy of our response in relation to the
above-mentioned issue.
The original will follow via mail.
Yours sincerely,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
[1]http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on
[2]http://ec.europa.eu/anti_fraud/about-us/...
References
Visible links
1. http://ec.europa.eu/anti_fraud
2. http://ec.europa.eu/anti_fraud/about-us/...