2011/400/EU: Council Decision of 28 June 2011 amending the Council Act of 12 March 1999 adopting rules on the Europol pension fund

‘2 The Board shall consist of four members.’;

‘3 Of the four members, two shall be appointed by the Management Board of Europol, one shall be appointed by Europol, and one shall be appointed by the Europol Staff Committee. Each member may be assisted at the Board’s 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.’;

‘6 The Board and its members shall represent the interests of all participants and the interests of Europol.’;

‘1 Decisions of the Board can only be taken at meetings where at least one member appointed by the Management Board of Europol and the representatives of the other parties are present.’;

‘4 The yearly report shall be forwarded to the Management Board of Europol, and shall be controlled by the European Court of Auditors, in accordance with Articles 43 and 58(2)(a) of the Europol Decision.’;

1 The members of the Board shall be released from any liability for claims concerning the fulfilment of their tasks referred to in Article 5.

2 Europol shall indemnify the members of the Board 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.

3 By way of derogation from paragraphs 1 and 2 of this Article, members of the Board shall be liable for gross negligence and serious wrongdoings, including but not limited to, fraud, corruption, misappropriation of funds and theft.’;

1 In addition to the report drawn up in accordance 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 out in Article 132 of the Dutch Pensioenwet, the Board shall carry out a risk assessment to evaluate a potential situation of insolvency of the fund during the next five budgetary years. The results shall be reported to the Management Board of Europol and to the Europol 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 which exceptional contributions from Europol are required.

2 Notwithstanding the possibility to dissolve the fund 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 covered by Europol’s reinsurance schemes.’;

This Decision shall enter into force on the day following its adoption.