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7.7.2011 Official
Journal
of
the
European
Union L
179/5
DECISIONS
COUNCIL DECISION
of 28 June 2011
amending the Council Act of 12 March 1999 adopting rules on the Europol pension fund
(2011/400/EU)
THE COUNCIL OF THE EUROPEAN UNION,
established by the Europol Convention and in force on
1 January 2010 shall be honoured until their expiry date
and may not be renewed on the basis of the Europol
Having regard to the Staff Regulations applicable to Europol
Staff Regulations after the date of application of the
employees, as laid down in the Council Act of 3 December
Europol Decision.
1998 (‘Europol Staff Regulations’)
( 1 ), and in particular
Article 37(3) of Appendix 6 thereto,
(6) The
Europol
Decision
also
provides
that
members
of
staff
Whereas:
under contract on 1 January 2010 shall be offered the
possibility of concluding temporary agent or contract
agent contracts under the Conditions of employment of
other servants of the European Union. Several members
(1) Council
Decision
2009/371/JHA
of
6
April
2009
estab
of staff have made use of this possibility.
lishing the European Police Office (Europol) (


2 ) (‘Europol
Decision’), replaces the Council Act of 26 July 1995
drawing up the Convention based on Article K.3 of the
Treaty on European Union, on the establishment of a
European Police Office ( 3 ) (‘Europol Convention’) as of
(7)
Consequently, the number of staff members continuing
its date of application, that is as of 1 January 2010.
to be employed under the Europol Staff Regulations, and
hence their contributions to the Europol pension fund
pursuant to Article 37(1) of Appendix 6 of the Europol
Staff Regulations, have, as from 1 January 2010, steadily
(2) The
Europol
Decision
provides
that
all
measures
imple
menting the Europol Convention shall be repealed with
decreased and are to be discontinued once the last
effect from 1 January 2010, unless otherwise provided in
employment contract to which the Europol Staff Regu
the Europol Decision.
lations apply has expired.


(3) The
Europol
Decision
further
provides
that
the
Europol
Staff Regulations and other relevant instruments shall
(8)
As a result, the management of the fund is to be adapted
continue to apply to staff members who are not
to the decreased volume of both the contributions and
recruited under the Staff Regulations of Officials of the
disbursements to be made by the fund, by reducing the
European Union and the Conditions of employment of
number of members of the Board of the fund and the
other servants of the European Union in accordance with
number of its meetings.
Article 57(2) of that Decision.
(4) The
Europol
Decision
also
provides
that
the
Staff
Regu
(9)
It is also reasonable to limit the personal liability of
lations of Officials of the European Union and the
members of the Board acting in the fulfilment of their
Conditions of employment of other servants of the
tasks to gross negligence and serious wrongdoings.
European Union, as laid down in Regulation (EEC,
Euratom, ECSC) No 259/68 ( 4 ) shall apply to the
Director, the Deputy Directors and to Europol staff
engaged after 1 January 2010.
(10) The
liabilities
of
the
fund
are
also
to
end
at
an
earlier
stage than foreseen when it was created. In the event that
the fund’s assets would not suffice to fulfil its liabilities,
(5) The
Europol
Decision
furthermore
provides
that
the shortfall should be covered by Europol’s budget.
all employment contracts concluded by Europol as
Given the present financial state of the fund, this even
tuality appears to be theoretical, taking also into account
that Europol has reinsured the risks stemming from its
( 1 ) OJ C 26, 30.1.1999, p. 23.
obligations under Articles 63 to 71 of the Europol Staff
( 2 ) OJ L 121, 15.5.2009, p. 37.
( 3 ) OJ C 316, 27.11.1995, p. 1.
Regulations by concluding an insurance on invalidity and
( 4 ) OJ L 56, 4.3.1968, p. 1.
survivors’ pensions.

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L 179/6
EN
Official Journal of the European Union
7.7.2011
(11) The
Council
Act
of
12
March
1999
adopting
rules
on
(7) Article 4(2) is replaced by the following:
the Europol pension fund ( 1 ) should thus be amended
accordingly. Other technical amendments to that Act
resulting from the entry into force of the Europol
‘2. The
Board
shall
consist
of
four
members.’;
Decision should also be introduced,
(8) Article 4(3) is replaced by the following:
HAS ADOPTED THIS DECISION:
‘3. Of
the
four
members,
two
shall
be
appointed
by
the
Article 1
Management Board of Europol, one shall be appointed by
Europol, and one shall be appointed by the Europol Staff
The Council Act of 12 March 1999 adopting rules on the
Committee. Each member may be assisted at the Board’s
Europol pension fund is hereby amended as follows:
meetings by a maximum of two experts; the costs of any
outside experts will be borne by the fund only if the Board
so decides.’;
(1) in Article 1 the following point is inserted:
(9) in Article 4(7), the words ‘the secretary shall in all cases be
‘(aa) “Europol Decision” means the Council Decision of
from the members appointed by Europol or the Europol
6 April 2009 establishing the European Police
Staff Committee’ are replaced by the words ‘the secretary
Office (*) and replacing the Europol Convention;
shall in all cases be either the member appointed by
___________
Europol or the one appointed by the Europol Staff
(*) OJ L 121, 15.5.2009, p. 37.’;
Committee’;
(2) in Article 1, point (b) is replaced by the following:
(10) in Article 5, the following paragraph is added:
‘(b) “Europol” means the European Police Office as estab
‘6. The
Board
and
its
members
shall
represent
the
lished by the Europol Decision;’;
interests of all participants and the interests of Europol.’;
(3) in Article 1, point (g) is replaced by the following:
(11) in Article 6(1), the word ‘twice’ is replaced by the word
‘once’;
‘(g) “Management Board of Europol” means Europol’s
Management Board as mentioned in Article 37(1) of
(12) Article 7(1) is replaced by the following:
the Europol Decision;’;
‘1. Decisions of the Board can only be taken at
(4) in Article 1 the following point is added:
meetings where at least one member appointed by the
Management Board of Europol and the representatives of
the other parties are present.’;
‘(h) “Europol Staff Committee” means the Staff Committee
set up in accordance with Article 4 of the Staff Regu
lations or, in case it ceases to exist, the Staff
(13) in Article 8(1), the words ‘solvability, liquidity, rentability’
Committee mentioned in Article 9(1) of the Staff
are replaced by the words ‘solvency, liquidity, profitability’;
Regulations of Officials of the European Union (*).
___________
(14) in Article 10(3), the second sentence is replaced by the
(*) OJ L 56, 4.3.1968, p. 1.’;
following:
(5) in Article 3(1), point (g) is replaced by the following:
‘To this end, the Board shall appoint a certified accountant
registered in accordance with the applicable Dutch law.’;
‘(g) other income, including exceptional contributions
received from Europol pursuant to Article 12b.’;
(15) Article 10(4) is replaced by the following:
(6) in Article 3(2), point (d), the words ‘or desirable’ are
deleted;
‘4. The yearly report shall be forwarded to the
Management Board of Europol, and shall be controlled
( 1 ) See document 5397/99 on the Council’s public register:
by the European Court of Auditors, in accordance with
http://register.consilium.eu.int/
Articles 43 and 58(2)(a) of the Europol Decision.’;

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EN
7.7.2011 Official
Journal
of
the
European
Union L
179/7
(16) the following Article is inserted:
Director and shall indicate the reasons, the preventive
measures proposed, the expected financial evolution and
the estimated needed cash flow for each budgetary year for
‘Article 12a
which exceptional contributions from Europol are
Limitation of liability
required.
1. The
members
of
the
Board
shall
be
released
from
any liability for claims concerning the fulfilment of their
2. Notwithstanding
the
possibility
to
dissolve
the
fund
tasks referred to in Article 5.
in accordance with Article 13, Europol shall cover any
shortfall in case the assets of the Europol Pension Fund
are not sufficient to fulfil its liabilities, except for liabilities
2. Europol shall indemnify the members of the Board
covered by Europol’s reinsurance schemes.’;
against any claims for damages brought by the participants
to the fund and/or by other interested parties concerning
the fulfilment of their tasks referred to in Article 5.
(18) Article 13(1) is replaced by the following:
3. By
way
of
derogation
from
paragraphs
1
and
2
of
‘1. The
fund
has
been
established
for
an
undetermined
this Article, members of the Board shall be liable for gross
period. It may only be dissolved by unanimous decision of
negligence and serious wrongdoings, including but not
the Council. Such decision shall be taken on the basis of a
limited to, fraud, corruption, misappropriation of funds
proposal from the Management Board of Europol,
and theft.’;
submitted after hearing the Board.’;
(17) the following Article is inserted:
(19) Article 14 is repealed.
‘Article 12b
Article 2
Monitoring of the fund’s assets
This Decision shall enter into force on the day following its
1. In
addition
to
the
report
drawn
up
in
accordance adoption.
with Article 10, the Board shall produce, every quarter, a
financial report monitoring the coverage ratio of the fund.
In case the coverage ratio is lower than the threshold set
Done at Luxembourg, 28 June 2011.
out in Article 132 of the Dutch Pensioenwet, the Board
shall carry out a risk assessment to evaluate a potential
For the Council
situation of insolvency of the fund during the next five
budgetary years. The results shall be reported to the
The President
Management Board of Europol and to the Europol
FAZEKAS S.

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