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:

All correspondence between OLAF and the COCOBO (CONT) committee of Parliament and all correspondence between OLAF and the committee of the regions relating specifically to the case of the former Committee of the Regions financial controller Robert McCoy.

Yours faithfully,

James Panichi

Oficina Europea de Lucha contra el Fraude

Dear Mr Panichi,

Thank you for your e-mail dated 28 December 2015. We hereby acknowledge receipt of your application for access to documents, which was registered on 04 January 2015 under reference number THOR (2016)65.

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 registration. The time limit will expire on 25 January 2015 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 OLAF cannot be held accountable for any technical issues or problems linked to the use of this system.

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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Oficina Europea de Lucha contra el Fraude

1 Adjuntos

Dear Mr Panichi,

 

Please find herewith a letter from our Head of Unit, Ms Dalheimer for your
information.

 

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)

[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

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Oficina Europea de Lucha contra el Fraude

1 Adjuntos

 
 
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/...
 
 
 

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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 'Robert McCoy correspondence'.

The issue we are dealing with refers to the matter of a whistle-blower whose case has come before countless EU institutions and authorities, which have unanimously upheld his complaints. The public interest aspect of this case is, in my view, undeniable and I kindly request that you review your decision not to release the documents I am seeking.

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

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/...