Regulations, 2003

L.N. 224 of 2003

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT, 2002

(ACT NO.XXII OF 2002)

European Works Council (Information and Consultation)

Regulations, 2003

IN exercise of the powers conferred by article 35 of the

Employment and Industrial Relations Act, 2002, the Deputy Prime

Minister and Minister for Social Policy has made the following

regulations>-

(1) The title of these regulations is the European Works Title and scope.

Council (Information and Consultation) Regulations 2003.

(2) The purpose of these regulations is to improve the right

of employees, in Community-scale undertakings and Community-scale

groups of undertakings, to be informed and consulted through the

establishment of a European Works Council or equivalent arrangements

to cater for the information and consultation of employees in every

such undertaking and group of undertakings and to implement the

provisions of EU Council Directive 94#45#EC.

(3) These regulations shall come into force on such date as

the Minister may, by order or orders, direct and different dates may be

fixed in respect of different provisions or purposes of these regulations

or different sectors of employment.

Definitions.

(1) For the purposes of these regulations>

(Regulation 8)

Subsidiary Requirements

The establishment, composition and competence of a European Works Council

shall be governed by the following rules>

1. (1) The competence of the European Works Council shall be limited to

information and consultation on the matters which concern the Community-scale

undertaking or Community-scale group of undertakings as a whole or at least two of

its establishments or group undertakings situated in different Member States. This

provision shall apply whether the central management is located in a Member State or

elsewhere.

(2) In the case of Community-scale undertakings or Community-scale groups

of undertakings referred to in regulation 3(1)(b) and (c) of these regulations, the

competence of the European Works Council shall be limited to those matters concerning

all the establishments or group organisations situated within the Member States or

concerning at least two of the establishments or group organisations situated in different

Member States.

(3) The European Works Council shall be composed of employees of the

Community-scale undertakings or Community-scale groups of undertakings elected

or appointed from their number by the employees’ representatives or, in the absence

thereof, by the entire body of employees.

(4) (a) The European Works Council shall be composed of a minimum of

three and a maximum of 30 members.

(b) Where its size so warrants, the European Works Council shall elect

a select committee from among its members, comprising at most three

members, to act on behalf of the European Works Council.

(c) Saving what is mentioned in these Regulations, the European Works

Council shall adopt its own rules of procedure.

(5) In the election or appointment of members on the European Works

Council, it shall be ensured that>

(a) there shall be at least one member representing each Member State

in which the Community-scale undertaking has one or more establishments

or in which the Community-scale group of undertakings has the controlling

undertaking or one or more controlled undertakings<

(b) additional members shall be elected to the European Works Council

in accordance with the following criteria>

(i) where applicable, one additional seat for each Member State

where at least 25% but less than 50% of the employees are employed<

(ii) two additional members from a Member State where at least

50% but less than 75% of the employees are employed<

(iii) three additional seats per Member Sate where 75% or more of

the employees are employed.

(6) The central management and any other more appropriate level of

management shall be informed by the European Works Council of its composition.

(7) The Maltese members of the European Works Council shall be Maltese

employees and shall be elected or appointed according to the procedure outlined in

regulation 6.

(8) (a) Four years after the date when the European Works Council has

been established there shall be examined whether to open negotiations for the

conclusion of the agreement referred to in regulation 7 of these regulations or to

continue to apply the subsidiary requirements adopted in accordance with this

Schedule.

(b) Regulations 7 and 8 shall apply mutatis mutandis, if a decision has

been taken to negotiate an agreement according to regulation 7, in which case

‘Special Negotiating Body’ shall be replaced by ‘European Works Council’

2. (1) The European Works Council shall have the right to meet with the central

management once a year, to be informed and consulted, on the basis of a report drawn

up by the central management, on the progress of the business of the Community-scale

undertakings or Community-scale group of undertakings and its prospects and the

local managements shall be informed accordingly.

(2) The meeting referred to in the preceding paragraph shall relate in particular

to the structure, economic and financial situation, the probable development of the

business and of production and sales, the situation and probable trend of employment,

investments, and substantial changes concerning organization, introduction of new

working methods or production processes, transfers of production, mergers, cut-backs

or closures of undertakings, establishments or important parts thereof, and collective

redundancies.

3. (1) Where there are exceptional circumstances affecting the employees’ interests

to a considerable extent, particularly in the event of relocations, the closure of

establishments or undertakings or collective redundancies, the European Works Council

shall have the right to be informed.

(2) The European Works Council shall have the right to meet, at its request,

the central management, or any other more appropriate level of management within

Community-scale undertaking or Community-scale group of undertakings having its

own powers of decision, so as to be informed and consulted on measures significantly

affecting employees’ interests.

(3) Those members of the European Works Council who would have been

elected or appointed by the establishments and, or organisations which are directly

concerned by the measures in question shall also have the right to participate in the

meeting organised with the select committee.

(4) The information and consultation meeting mentioned in the preceding

paragraphs shall take place as soon as possible on the basis of a report drawn up by the

central management or any other appropriate level of management of the Community-

scale undertaking or Community-scale group of undertakings, on which an opinion

may be delivered at the end of the meeting or within a reasonable time>

Provided that the prerogatives of the central management shall not be

prejudiced by the holding of such a meeting.

4. The parties present at the meeting referred to in paragraph 2 of this Schedule

are to agree as to how to conduct the procedure during the said meeting and in case of

disagreement then the parties should alternatively conduct the meeting and establish

the procedure thereof.

5. Before any meeting with the central management, the European Works council

or the select committee, where necessary enlarged in accordance with the provisions

of paragraph 3(3), shall be entitled to meet without the management concerned being

present.

6. Without prejudice to regulation 9 of these regulations, the members of the

European Works Council shall inform the representatives of the employees of the

establishments or of the undertakings of a Community scale group of undertakings or,

in the absence of representatives, the workforce as a whole, of the content and outcome

of the information and consultation procedure carried out in accordance with this

Schedule.

7. The European Works Council or the select committee may be assisted by

experts of its choice, in so far as this is necessary for it to carry out its tasks.

8. (1) The operating expenses of the European Works Council shall be borne by

the central management, which shall provide the members of the European Works

Council with such financial and material resources as to enable them to perform their

duties in an appropriate manner.

(2) In particular, the cost of organising meetings and arranging for

interpretation facilities and the accommodation and travelling expenses of members of

the European Works Council and its select committee shall be met by the central

management unless otherwise agreed.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

“central management” means the central management of the

undertaking or, in the case of a Community-scale group of

undertakings of the controlling undertaking<

“Community-scale group of undertakings” means a group of

undertakings with the following characteristics>

- at least a total of 1000 employees employed in

Member States,

- at least two group undertakings in different Member

States, and

- at least one group undertaking with at least 150

employees in any one Member State and at least one other

group undertaking with at least 150 employees in another

Member State<

“Community-scale undertaking” means any undertaking

with at least 1000 employees, within Member States and which

also has at least 150 employees in each of at least two Member

States<

“consultation” means the exchange of views and

establishment of dialogue between employees’ representatives and

central management or any more appropriate level of management<

“controlling undertaking” means an undertaking which can

exercise a dominant influence over another undertaking, hereinafter

referred to as by virtue of, amongst other reasons, ownership,

financial participation or the rules which govern it<

“employees’ representative” means either the recognised

union representative or, in case of non-unionised employees, the

representative or representatives duly elected from amongst the

employees<

“establishment”, in relation to an undertaking, means a

division of the undertaking physically separated from other parts

of the undertaking<

“European Works Council” means the council established in

accordance with -

(a) the provisions of regulation 7 or regulation 8 and

the Schedule to these regulations,

(b) where appropriate the provisions of the law or

practice of a Member State other than Malta which are

designed to give effect to article 6 or article 7 of, and the

Annex to, EU Council Directive 94#45#EC<

“group of undertakings” means a controlling undertaking and

its controlled undertakings<

“Member State” means a member state of the European Union

or of the European Economic Area<

“Special Negotiating Body” means the body established in

accordance with regulation 5 and 6 to negotiate with the central

management regarding the establishment of a European Works

Council or other equivalent procedure for informing and consulting

employees<

“undertaking” means any form of economic activity.

(2) Subject to the provisions of subregulation (1) of this

regulation, terms and expressions used in these regulations shall, unless

the context otherwise requires, have the meaning assigned to them in

(3) The prescribed thresholds to determine whether an

undertaking is a Community-scale undertaking or a Community-scale

group of undertakings, shall be based on the number of employees

employed by the undertaking or group of undertakings which for the

purposes of these regulations shall be calculated as follows>

(a) in the case of employees in Malta, on the average

number of employees who were employed during the two

year period ending on the last day of the month preceding the

month in which a request pursuant to regulation 4 was made,

whether such employees are on a definite or indefinite

contract, and including part-time employees whose part-time

employment is their principal employment in respect of which

social security contributions are payable in terms of the Social Cap.318.

Security Act,

(b) in the case of employees in other Member States,

by the average number of employees employed in a two year

period as referred to in the preceding paragraph calculated

according to the laws in force and, or practice in that State

giving effect to EU Council Directive 94#45#EC.

(4) The ability of an undertaking to exercise a dominant

influence shall be presumed, unless the contrary is proved, when in

relation to another undertaking, it directly or indirectly>

(i) holds a majority of that undertaking’s subscribed

capital< or

(ii) controls a majority of the votes attached to that

undertaking’s issued share capital< or

(iii) can appoint more than half of the members of that

undertaking’s administrative, management or supervisory

body.

(5) For the purposes of paragraph 4(ii) of this regulation, a

controlling undertaking’s rights as regards voting and appointments shall

include the rights of any of its other controlled undertakings and those

of any person or body acting in his or its own name but on behalf of the

controlling undertaking or of any other of its controlled undertakings.

(6) Notwithstanding what is stated in these regulations, an

undertaking shall not be regarded as a controlling undertaking of another

undertaking in which it has holdings where the first-mentioned

undertaking is a company referred to in Article 3 (5) (a) and (c) of

Council Regulation (EEC) No. 4064#89 of 21 December 1989, on the

control of concentrations between undertakings.

(7) A dominant influence shall not be presumed to be exercised

solely by virtue of the fact that an office holder is exercising his functions,

according to the law of the Member State in which the undertaking is

situated, which relates to liquidation, winding up, insolvency, cessation

of payments, composition of creditors or analogous proceedings.

(8) The law applicable in order to determine whether an

undertaking is a controlling undertaking shall be the law of the Member

State which governs that undertaking. Where the law governing an

undertaking is not that of a Member State, the law applicable shall be

the law of the Member State within whose territory the representative

of the undertaking or, in the absence of such a representative, the central

management of the group undertaking which employs the highest

number of employees in any one Member State, is situated.

(9) Where, in the case of a conflict of laws in the application of

sub-regulation (4), two or more undertakings from a group, satisfy one

or more of the criteria laid down in that subregulation, the organisation

which satisfies the criterion laid down in sub-paragraph (iii) of this

regulation shall be regarded as the controlling undertaking, without

prejudice to proof that another undertaking is able to exercise a dominant

influence.

(1) The central management shall be responsible for

creating and maintaining the conditions and means necessary for the

setting up of a European Works Council, or an alternative information

and consultation procedure, in a Community-scale undertaking or

Community-scale group of undertakings where>

(a) the central management is situated in Malta<

(b) the central management is not situated in a Member

State and the representative agent of the central management

(to be designated if necessary) is situated in Malta< or

(c) neither the central management nor the representative

agent (whether or not as a result of being designated) is

situated in a Member State and -

(i) in the case of a Community-scale undertaking,

there are employed in an establishment, which is situated

in Malta, more employees than are employed in any other

establishment which is situated in another Member State,

or

(ii) in the case of a Community-scale group of

undertakings, there are employed in a group undertaking

which is situated in Malta, more employees than are

employed in any other group undertaking which is

situated in another Member State,and the central

management initiates, or is required to initiate,

negotiations for a European Works Council or

information and consultation procedure in terms of

regulation 5.

(2) Where the circumstances described in paragraph (1)(b)

or (1)(c) apply, the central management shall be treated, for the purposes

of these regulations, as being situated in Malta and –

(a) the representative agent referred to in paragraph

(1)(b)< or

(b) the management of the establishment referred to in

sub-paragraph (1)(c)(i) or of the group undertaking, referred

to in sub-paragraph (1)(c)(ii), shall be treated, respectively,

as being the central management.

(3) It shall be the duty of the management of establishments

of a Community-scale undertaking situated on Maltese territory or of

the management of undertakings which form part of a Community-

scale group of undertakings situated on Maltese territory, as the case

may be, to comply with the relevant provisions of these regulations,

irrespective of whether or not the central management is situated in

(1) An employee or an employees’ representative may present Employees’

requests for

a written request for information from the management of an information.

establishment or of an undertaking in Malta, for the purpose of

determining whether, in the case of an establishment, it is part of a

Community-scale undertaking or Community-scale group of

undertakings, or, in the case of an undertaking, it is a Community-scale

undertaking or is part of a Community-scale group of undertakings.

(2) The management of an establishment or undertaking to

which a request under subregulation (1) is made shall provide the

employee or employees’ representative who has made the request with

information on the average number of employees employed by the

undertaking, or, as the case may be, the group of undertakings, in Malta

and in each of the other Member States in the two years immediately

preceding the date of the request, within one month from receipt of the

request.

(3) Failure to provide the information as provided for in

the previous subregulation or to provide false or incomplete information

shall be deemed an offence against these regulations.

(1) It shall be the duty of the central management to establish

a Special Negotiating Body to negotiate with the central management

for the establishment of a European Works Council or an alternative

information and consultation procedure.

(2) The central management shall initiate action to fulfil

the obligations referred to in the previous subparagraph, either

(a)

on its own initiative, or

(b) on receipt of a written request or requests by at least a

total of 100 employees, or by employees’ representatives representing

at least that number, in at least two undertakings or establishments in

at least two different Member States, addressed to either the central

management or to local management, whether received as a single

request or as a number of separate requests, on one or on several dates.

(3) The central management shall commence negotiations

with the Special Negotiating Body on the establishment of a European

Works Council within six months from the date of the receipt of a valid

written request.

(4) Where the request is lodged with the local management

pursuant to paragraph (2)(b), the local management shall ensure that

the request is passed on to the central management within a period of

15 working days from its receipt and any avoidable or unreasonable

delay after that period in the transmission of the request to the central

management shall not of itself extend the six month period referred to

in paragraph (2)(c).

(1) The function of the Special Negotiating Body shall be Functions and

procedures of the

to negotiate with the central management, for a written agreement to Special Negotiating

determine the scope, composition, functions, and term of office of the Body.

European Works Council or alternative arrangements for implementing

a procedure for the information and consultation of employees.

(2) The Special Negotiating Body shall be composed

of at least three members who shall be elected or appointed according

to the following criteria>

(a) one member representing each Member State in

which the Community-scale undertaking has one or more

establishments, or in which the Community-scale group of

undertakings has its controlling undertaking or one or more

controlled undertakings< and

(b) one additional member from a Member State where

there are employed at least 25% but less than 50% of the

employees of the undertaking or group of undertakings who

are employed in the Member States<

(c) two additional members from a Member State

where there are employed at least 50% but less than 75% of

the employees the undertaking or group of undertakings who

are employed in the Member States<

(d) three additional members from a Member State in

which there are employed more than 75% of the employees

of the undertaking or group of undertakings who are employed

in the Member States.

(3) Employees’ representatives from countries that are not

Member States be permitted to participate in the meetings and activities

of the European Works Council if there is agreement between the central

management and Special Negotiating Body to this effect, but shall not

be entitled to vote.

(4) The method of selection of the Maltese members to sit

on the Special Negotiating Body shall be by means of an election from

amongst eligible candidates who satisfy the criteria laid down in

regulation 2(3)(a) and who are not in their probationary period on the

date of nomination, and the central management shall appoint a

responsible person to act as ballot supervisor to oversee the whole

process of nominations and election, and any expenses related to the

process of appointing or electing the Special Negotiating Body shall be

borne by the central management.

(5) The date for nomination of candidates, which shall be

established by the ballot supervisor, shall be within two months from

the date when the request to commence negotiations on an agreement

to establish a European Works Council was made or when the decision

was taken by central management to commence negotiations on its own

initiatives, whichever was the earlier.

(6) Where the number of candidates on the day of

nomination equals the number of representatives to be elected to the

Special Negotiating Body, these shall be considered to have been

automatically appointed to the Special Negotiating Body.

(7) Where the number of candidates on the day of

nomination exceeds the number of representatives to be elected to the

Special Negotiating Body, arrangements shall be made by management

to hold a secret ballot to elect the required number of representatives.

(8) Arrangements for the holding of such a ballot shall be

finalised by the central management within one month from the expiry

of the period referred to in subregulation (5) and the central management

shall ensure that the process of nominations and the ballot itself shall

be overseen by the ballot supervisor. The ballot itself, if necessary, shall

be held within two months from the date of expiry of the period referred

to in subregulation (5).

(9) Any employee who is in employment on the day or days

of the election and satisfies the criteria referred to in regulation 2(3)(a)

shall be entitled to vote in such an election.

(10) Any person may make a written complaint in relation

to any aspect relating to the election of the representatives to the Special

Negotiating Body including the eligibility to stand for election, eligibility

to vote or the organisation of such a ballot, to the Director responsible

for Industrial and Employment Relations, who shall investigate whether

such a complaint is well-founded and who may direct that appropriate

measures be taken by any person involved to eliminate any grounds for

well-founded complaints, and any decision taken by the Director on

any matter relating to the organisation of the ballot shall be final.

(11) It shall be the duty of the ballot supervisor to give the

formal results of the process of nomination or ballot held to appoint the

Special Negotiating Body, as the case may be, to the central management

and local management as soon as practicable, and in any case within

one month after the date of the election or appointment of its members.

(12) With a view to concluding an agreement referred to in

regulation 7, the central management shall convene a meeting with the

Special Negotiating Body and shall inform local managements

accordingly.

(13) Subject to sub-regulation (14), the Special Negotiating

Body shall take decisions by a majority of the votes cast by its members

and each member of the Special Negotiating Body shall have one vote.

(14) The Special Negotiating Body may decide, by at least

two-thirds of the votes, not to open negotiations in accordance with

sub-regulation (7) of this regulation, or to terminate the negotiations

already opened in which case the provisions of the Schedule to these

regulations shall not apply.

(15) A new request to convene the Special Negotiating Body

may be made at the earliest two years after the decision mentioned in

sub-regulation (9) of this regulation has been taken, unless the parties

concerned agree on a shorter period.

(16) For the purpose of the negotiations, the Special

Negotiating Body may be assisted by experts of its choice.

(17) Any reasonable expenses relating to the negotiations

referred to in this regulation shall be borne by the central management

so as to enable the Special Negotiating Body to carry out its functions

in an appropriate manner.

(18) For the purposes of the preceding sub-regulation,

reasonable expenses shall include the cost of meetings of the Special

Negotiating Body, whether with the central management or otherwise,

including the cost of materials, the venue, translations, travel and

accommodation, and the equivalent cost of one expert per meeting.

(1) The central management and the Special Negotiating Content of the

agreement.

Body shall be obliged to negotiate in a spirit of co-operation with a

view to reaching a written agreement on the detailed arrangements for

the information and consultation of employees in a Community-scale

undertaking or Community-scale group of undertakings.

(2) The central management and the Special Negotiating Body

may decide in writing to establish an alternative information and

consultation procedure instead of a European Works Council.

(3) When the central management and the Special Negotiating

Body reach an agreement making arrangements for the information and

consultation of employees, whether it involves the establishment of a

European Works Council, or an alternative information and consultation

procedure the agreement shall determine >

(a) the undertakings of the Community-scale group of

undertakings, or the establishments of the Community-scale

undertaking, covered by the agreement,

(b) the duration of the agreement and the procedure

for its re-negotiation, and

(c) the method by which the information conveyed to

employees’ representatives shall be conveyed to employees

in the different Member States and the opinion of employees

given on the information so conveyed shall be recorded,

irrespective of the Member State in which the central

management is located.

(4) Where an agreement requires the establishment of a

European Works Council, it shall also determine>

(a) the composition of the European Works Council,

the number of members, the allocation of seats and the term

of office,

(b) the functions, and the procedure for information

and consultation, of the Council,

(c) the venue, frequency and duration of meetings of

the Council, and

(d) the financial and other resources to be allocated to

the Council.

(5) Where an agreement requires the establishment of an

alternative information and consultation procedure, it shall also

determine>

(a) what that procedure shall be,

(b) the issues for information and consultation,

(c) the methods according to which the employees’

representatives in the different Member States can meet for

exchange of views regarding the information conveyed to

them, and

(d) the financial and other resources to be allocated to

ensure the operation of the procedure and the holding of the

meetings referred to in paragraph (c) hereof.

(6) An agreement referred to in subparagraph (3) or (4) shall

not to be subject to the provisions of the Schedule, except to the extent

that the parties provide in the agreement that any of those requirements

are to apply.

(7) Where a Community-scale group of undertakings

comprises one or more undertakings or groups of undertakings which

are themselves Community-scale undertakings or Community-scale

groups of undertakings, the European Works Council shall be established

at the level of the first-mentioned Community-scale group of

undertakings, unless an agreement referred to in sub-regulation (3)

provides otherwise.

(8) Unless a wider scope is provided for in an agreement

referred to in sub-regulation (1), the powers and competence of a

European Works Council and the scope of an information and

consultation procedure shall, in the case of a Community-scale

undertaking, cover all the establishments located within the Member

States and, in the case of a Community-scale group of undertakings, all

group undertakings located within the Member States.

(9) The Special Negotiating Body shall remain in existence

only for as long as it continues to have the function of negotiating for

an agreement leading to the establishment of a European Works Council,

or an information and consultation procedure and shall automatically

dissolve on its ceasing to have that function.

(1) The subsidiary requirements as laid down in the Schedule Subsidiary

requirements.

to these regulations shall apply if any of the situations below subsist>

(a) where the central management and the Special

Negotiating Body so decide, or

(b) where the central management refuses to

commence negotiations within six months of the request

referred to in regulation 5 (1), or

(c) where, after three years from the date of this request,

the parties are unable to conclude an agreement as laid down

in regulation 7 and the Special Negotiating Body has not taken

the decision provided for in regulation 6(4).

(2) Where the subsidiary requirements apply to an

undertaking or group of undertakings, the central management shall as

soon as practicable, but in any case by not later than six months after

they first become applicable, comply with the requirements.

(1) Members of the Special Negotiating Body and of the

European Works Council, or of any other body established under these

regulations in order to facilitate informing and consulting employees,

as well as any persons who assist them shall not reveal any information

which has been provided to them in confidence and this prohibition

shall apply even after the expiry of the term of office of the persons

concerned>

Provided that a person may, in accordance with his duties as a

member, expert or employees’ representative to the procedure, disclose

such information>

(a) to the Body or Council of which he is or was then

a member,

(b) to another employees’ representative to the

procedure, or

(c) to the member, body or person he is or was then

employed to advise.

(2) Without prejudice to regulation 4, the central management

shall not be obliged to transmit certain information to the Special

Negotiating Body, European Works Council or in connection with an

alternative information and consultation procedure –

(a) where it can show that the disclosure would be

likely to prejudice significantly and adversely the economic

or financial position of an undertaking or group of

undertakings or breach statutory or regulatory rules, or

(b) where the information is of a kind that meets

objective standards for determining that it should be withheld

as agreed between the central management and the Special

Negotiating Body, European Works Council or the

employees’ representatives to an information and consultation

procedure.

(1) Members of the Special Negotiating body or members

of the European Works Council or any other body established by virtue

of these regulations shall, in the exercise of their functions, enjoy the

same protection as an employees’ representative in terms of article

36(14)(a) of the Act.

(2) Such members as referred to in the preceding

subparagraph, shall be allowed to attend any meetings of the Special

Negotiating Body, European Works Council or any other meeting within

the framework of the agreement referred to in regulation 7(2) and shall

be paid their wages during the periods of absence from their place of

work as may be necessary to perform their duties pursuant to these

regulations.

These regulations shall be without prejudice to any existing Employees’ existing

rights to information and consultation which employees may have as a rights.

result of existing legislation.

(1) The obligations resulting from these regulations shall Existing

agreements.

not apply to Community-scale undertakings or Community-scale groups

of undertakings, in which, on the date of entry into force of these

regulations, there was already an agreement covering the entire

workforce providing for the transnational information and consultation

of employees.

(2) When the agreements referred to in the preceding sub-

regulation expire, the parties to those agreements may jointly agree to

renew them, but, in the absence of such a written agreement, shall

commence the process to set up a European Works Council as mentioned

in these regulations.

Any person who fails to comply with any obligation imposed Enforcement.

on such person under these regulations shall be guilty of an offence

and, on conviction, be liable -

(a) to a fine of not less than 10 liri and not more than fifty

liri for every employee of the Community-scale undertaking or

Community-scale group of undertakings as the case may be in

relation to a failure by central management to>

(i) provide information about the number of employees

or the status of employees for the purpose of regulation 4, or

to wilfully obstruct or delay the provision of such information,

or

(ii) establish, or to fully establish, a Special Negotiating

Body, a European Works Council or an information and

consultation procedure in accordance with any agreement

reached pursuant to regulation 7,

(iii) comply with the requirements referred to in

regulation 8<

(b) in relation to any other offence, a fine of not less than five

hundred liri and not more than five thousand liri.