Press Release OLAF/03/2002, 27 March 2002
Internal investigation concerning
a leak of confidential information
On 31 August 2001 a statement of allegations
compiled by Commission official Paul van Buitenen
was delivered to the European Anti-Fraud Office
(OLAF) and the Commission's Directorate General
for Administration (DG ADMIN). Subsequently,
OLAF and DG ADMIN have each separately undertaken
very thorough analysis of the contents of the
statement of allegations to determine whether
it contained any new facts meriting formal investigation.
On 26 and 28 February 2002,
the European Commission, with the agreement
of Mr. Brüner, Director General of OLAF, published
two separate press statements (IP/02/315
and MEMO/02/38)
on this case setting out the developments.
Following an apparent leak
of confidential information included in a report
prepared within OLAF, the Office has decided,
in accordance with Art. 51 of Regulation
(EC) No. 1073/1999, to open an internal investigation.
According to information received
by the Office, a journalist has received a number
of documents relating to the so-called "van
Buitenen affair". It is not excluded that
payment may have been made to somebody within
OLAF (or possibly another EU institution) for
these documents.
OLAF intends to carry out
its investigation into this matter rigorously
and in conformity with the law so as to determine
the full facts in this case.
In the conduct of its investigations the Office
always tries to be as transparent in its dealings
with the press and public as possible. This
policy of transparency however has limits, namely;
- those which are established by Community
legislation,
- national laws concerning secrecy of national
investigations co-ordinated by OLAF, and
- respect for both the secrecy of investigations
and the rights of individuals.
It follows that OLAF is obliged
to respect the rules concerning protection of
personal privacy and data protection. The obligations
pursuant to Article 287 of the Treaty concerning
the protection of professional secrecy must
also be observed. As far as is relevant to the
Office, the rules on the protection of secrecy
of criminal investigations and judicial procedures
must also be respected. It follows that any
further comment by OLAF about investigations
would constitute a breach of the law.
The Office always respects
the highest ethical standards. It conducts its
investigations in full independence. It would
however point out that the bribery or payment
of officials to provide official information
is illegal in Belgium, and the information obtained
by OLAF in the course of its investigations
is protected by the relevant provisions of Belgian
law. If following the internal investigation
illegal activity is indicated, it is the intention
of the Office that the perpetrators be prosecuted
in accordance with the applicable disciplinary
and criminal provisions.
OLAF has decided to issue
this press release because of numerous rumours
and speculation on the part of the media in
recent days. Its purpose is to clarify the matter
from OLAF's perspective and so to avoid possible
misunderstandings.
No further comment on this internal investigation
will be made until it is concluded.
Mr Alessandro Butticé
Spokesman of the European Anti-fraud Office
(OLAF)
Tel : +32 (0)2 296.5425
Fax : +32 (0)2 299.8101
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