Europol chief takes instructions on document access from Americans

The complaint, submitted to the Ombudsman by Sophie In’t Veld, MEP in June 2013, concerned Europol's refusal in August 2012 to grant public access, under Europol's rules on public access to documents, to a document related to the implementation of the EU-US Terrorist Finance Tracking Program (TFTP) Agreement. The document was a March 2012 report of an audit carried out in November 2011 by Europol's Joint Supervisory Body (JSB).

In order to ascertain whether Europol correctly applied the relevant rules on access to its documents, the Ombudsman needed to see the document concerned. However, Europol claimed it was unable to allow the Ombudsman to inspect the document, since to do so required the consent of the US authorities and the US authorities had refused to give consent. According to the 'technical modalities' agreed between the EU and the US for implementing the TFTP Agreement, the US has a right of veto on the sharing by Europol with third parties of any information provided by the US. The US made use of this veto in this instance and refused consent. The Ombudsman met with the US ambassador to the EU but the US maintained the veto. Accordingly, although Europol cooperated fully with the Ombudsman, the Ombudsman was unable to inspect the document.

The Ombudsman therefore had no alternative but to close her inquiry. However, she asked the European Parliament to consider whether it is acceptable that an agreement with a foreign government should prevent the Ombudsman from doing her job. She pointed out, in particular, that the provisions of the 'technical modalities', unlike the TFTP Agreement itself, had never been sent to the Council or to Parliament for their approval.

• Primary Source

European Ombudsman: Cases, 04.09.14: Decision of the European Ombudsman closing the inquiry into complaint 1148/2013/TN against the European Police Office (Europol) http://www.ombudsman.europa.eu/cases/decision.faces/en/54678/html.bookmark

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