OLAF takes note of Ombudsman recommendation in case 1183/2012/MMN
The European Anti-Fraud Office (OLAF) takes note of a Recommendation of the European Ombudsman made public today.
In this Recommendation, the Ombudsman asks OLAF to explain to a whistleblower why it closed an investigation into alleged irregularities at an EU Agency reported by this person. The Ombudsman asks OLAF to reply to the Recommendation by 15 February 2014.
In the case to which the Ombudsman refers, OLAF carried out an investigation and closed it in 2009. When closing the investigation, OLAF did not give detailed reasons for the closure to the whistleblower. This decision was taken on the basis of the legal framework and the relevant case law applicable at the time, notably regarding the protection of the confidentiality of OLAF investigations.
OLAF will carefully analyse the Recommendation and reply to the Ombudsman in due course, through the established institutional channels.
OLAF would like to recall that in its relations with whistleblowers it currently applies the new OLAF Regulation entered into force on 1 October 2013, as well as the Commission Communication on Guidelines on Whistleblowing of December 2012.