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, Having regard to the Staff Regulations applicable to Europol employees, as laid down in the Council Act of 3 December 1998 (Europol Staff Regulations) (!), and in particular Article 37(3) of Appendix 6 thereto, Whereas: 1 Council Decision 2009/371[JHA of 6 April 2009 estab- lishing the European Police Office (Europol) (3) (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 (}) (Europol Convention’) as of its date of application, that is as of 1 January 2010. The Europol Decision provides that all measures imple- menting the Europol Convention shall be repealed with effect from 1 January 2010, unless otherwise provided in the Europol Decision. The Europol Decision further provides that the Europol Staff Regulations and other relevant instruments shall continue to apply to staff members who are not recruited under the Staff Regulations of Officials of the European Union and the Conditions of employment of other servants of the European Union in accordance with Article 57(2) of that Decision. The Europol Decision also provides that the Staff Regu- lations of Officials of the European Union and the Conditions of employment of other servants of the European Union, as laid down in Regulation (EEC, Euratom, ECSC) No 259/68 (¥) shall apply to the Director, the Deputy Directors and to Europol staff engaged after 1 January 2010. The Europol Decision furthermore provides that all employment contracts concluded by Europol as 26, 30.1.1999, p. 23. 121, 15.5.2009, p. 37. () 0] C (0 O L () O] C 316, 27.11.1995, p- 1. () O L 56, 4.3.1968, p. 1. ) 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 Staff Regulations after the date of application of the Europol Decision. The Europol Decision also provides that members of staff 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 of staff have made use of this possibility. Consequently, the number of staff members continuing 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 decreased and are to be discontinued once the last employment contract to which the Europol Staff Regu- lations apply has expired. As a result, the management of the fund is to be adapted to the decreased volume of both the contributions and disbursements to be made by the fund, by reducing the number of members of the Board of the fund and the number of its meetings. It is also reasonable to limit the personal liability of members of the Board acting in the fulfilment of their tasks to gross negligence and serious wrongdoings. 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, the shortfall should be covered by Europol's budget. 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 obligations under Articles 63 to 71 of the Europol Staff Regulations by concluding an insurance on invalidity and survivors’ pensions.