Correspondence/documents, Robert McCoy

La solicitud fue rechazada por Oficina Europea de Lucha contra el Fraude.

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:

I am requesting all correspondence and documentation relating to the case of Robert McCoy, a bona fide whistle-blower who, as the financial controller and internal auditor of the Committee of the Regions, reported allegations of embezzlement and fraud at the Committee of the Regions. I am requesting correspondence specifically from 2003 and 2004 between OLAF and the Committee of the Regions and/or Parliament dealing specifically with this case.

Should any issue of privacy arise, could you please contact Mr McCoy and find out whether he supports the release of the information.

Yours faithfully,

James Panichi
Politico
Rue de la Loi 62
1040 Brussels, Belgium

Oficina Europea de Lucha contra el Fraude

 
 
Dear Mr Panichi,
 
Thank you for your e-mail dated 25 January 2016, in which you provided
OLAF with the requested clarifications.
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 15
February 2016.
In case this time limit needs to be extended, you will be informed in due
course.
 
 
Best regards,
 
 
 
 
Dorothe DALHEIMER
Head of Unit C.4
-------------------------------
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C – Investigation Support
Unit C.4 – Legal Advice

Office : J30  06/062
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
Phone: (32) 2 295 0049
Our policy regarding personal data protection can be viewed on
[1]http://ec.europa.eu/anti_fraud/about-us/...
 
 
 
 
 

References

Visible links
1. http://ec.europa.eu/anti_fraud/about-us/...

Dear European Anti-Fraud Office,

I am awaiting your response with bated breath. Please let me know how things are progressing.

Yours faithfully,

James Panichi

Oficina Europea de Lucha contra el Fraude

1 Adjuntos

Dear Mr Panichi,
 
Please find attached the email that we sent yesterday.
 
 
" Dear Mr Panichi,
 
Please find enclosed the letter regarding the above subject.
The paper version follows via registered mail."
 
 
 
Sincerely,
 
 
Dorothe DALHEIMER
Head of Unit C.4
-------------------------------
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C – Investigation Support
Unit C.4 – Legal Advice

Office : J30  06/062
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
Phone: (32) 2 295 0049
 
 
Our policy regarding personal data protection can be viewed on
[1]http://ec.europa.eu/anti_fraud/about-us/...
 
 
 
 
 
 
 
 
 
 

References

Visible links
1. http://ec.europa.eu/anti_fraud/about-us/...

Dear European Anti-Fraud Office,

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's handling of my FOI request 'Correspondence/documents, Robert McCoy'.

I am requesting an internal review of your decision. Your refusal on the basis that there is no overriding public interest is impossible for me to accept. We are talking about a recognised whistle-blower whose case has been examined by countless EU institutions and authorities and has been unanimously upheld. I kindly ask that you reconsider your decision.

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

Yours faithfully,

James Panichi

Oficina Europea de Lucha contra el Fraude

Dear Mr Panichi,
We refer to your communications dated 25/04/2016 in which you requested a
review of the position taken by OLAF on 15 February 2016 with regard to
your request for access to all correspondence exchanged between OLAF and
the Committee of the Regions and OLAF and the European Parliament in 2003
and 2004 in relation to the case in which Mr Robert McCoy reported
allegations of embezzlement and fraud at the Committee of the Regions.
Please note that in accordance with Article 7(2) of Regulation 1049/2001,
confirmatory applications requesting OLAF to review its position need to
be submitted within 15 working days upon receipt of OLAF's initial reply.
In the present request, OLAF's reply was sent to you and posted on the
asktheeu.eu website on 15 and 16 February 2016. We regret, therefore, to
inform that we will not further deal with your confirmatory application,
since it was submitted outside the applicable deadline of 15 working days
provided by Regulation 1049/2001.
That said, please also note that the scope of your current request is
partly covered by the request that you have submitted on 18 February 2016,
in which you have requested access to all documentation relating to the
monitoring of the case of Mr Robert McCoy, issued or received between 8
October 2003 up until the day of your request. OLAF replied to your
initial application on 15 March 2016 and to your confirmatory application
on 15 April 2016. It explained that it could not grant access to the
requested documents, as they contained information covered by the
exception under Article 4(2), third indent of Regulation 1049/2001, which
stipulates that institutions shall refuse access to a document where
disclosure would undermine the protection of the purpose of inspections,
investigations and audits, unless there is an overriding public interest
in disclosure. It also provided you with further explanations relating to
the general presumption of applicability of Article 4(2) third indent of
Regulation 1049/2001, the relevant case-law and considerations relating to
the protection of personal data.  
 
I hope you find this information useful.
  
 
Kind 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)
[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/...