EN Official Journal of the European Union CE 78/210

(2004/C 78 E/0215)

WRITTEN QUESTION E-3039/03

by Herbert Bösch (PSE) to the Commission

(17 October 2003)

Subject: Allegations of bribery made against journalists without any basis in fact

In two articles published on 28 February and 7 March 2002 respectively ‘Stern’ magazine reported on claims made by an EU official, Paul van Buitenen, and the investigations carried out by the European Union Anti-Fraud Office (OLAF) into those accusations. The articles were based on confidential documents which the magazine had procured.

On 27 March 2002, OLAF published a press release in which it stated that, in accordance with the first paragraph of Article 5 of Regulation (EC) No 1073/1999 (1), it had decided to open an investigation into the suspected leaking of confidential information. The press release also stated that the internal investigation would also cover the claim that the relevant documents had been acquired against payment of an official.

In a recommendation dated 18 June 2003, the European Ombudsman noted that the allegation of bribery referred to had been published without any basis in fact. The Office was advised to retract its allegation of bribery.

In a press release dated 30 September 2003, OLAF reiterated its suspicion that bribery had been involved and simply stated that no evidence had been found to date of any cash payments being made.

Does the Commission take the view that, in making this statement, OLAF has suitably complied with the Ombudsman's recommendations?

Answer given by Mrs Schreyer on behalf of the Commission

(1 December 2003)

The draft Recommendation of the Ombudsman stated that ‘OLAF should consider withdrawing the allegations of bribery that were published and that were likely to be understood as directed at the complainant.’

In response to this draft Recommendation, OLAF issued a press release on 30 September 2003, stating the following:

On 27 March 2002, the European Anti-fraud Office (OLAF) issued a press release (2) announcing that it had opened an internal investigation under (EC) Regulation No 1073/1999 (3) into an apparent leak of confidential information included in a report prepared within OLAF.

It stated that according to information received by the Office, a journalist had received a number of documents relating to the so-called ‘Van Buitenen affair’, and that it was not excluded that payment might have been made to somebody within OLAF (or possibly another EU institution) for these documents.

OLAF's enquiries have not yet been completed, but to date, OLAF has not obtained proof that such a payment was made.

Accordingly, the investigation of this matter is still not finished and no final conclusion has yet been reached. Therefore, it is OLAF's view that the press release respects the draft recommendation while not giving the public the impression that a definitive answer has been found.

(1) OJ L 136, 31.5.1999, p. 1.

(2) http://europa.eu.int/comm/anti_fraud/press_room/pr/2002/2002_03_en.html.

(3) Regulation (EC) No 1073/1999 of the Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF), OJ L 136, 31.5.1999.