European Works Council Regulations, 2004

L.N. 324 of 2004

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT, 2002

(ACT NO. XXII OF 2002)

European Works Council Regulations, 2004

IN exercise of the powers conferred by article 35 of the

Employment And Industrial Relations Act, 2002, the Minister of

Education, Youth and Employment has made the following regulations>–

(1) The title of these regulations shall be the European Works

Council Regulations 2004.

(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.

(Regulation 8)

Subsidiary Requirements

1. The establishment, composition and competence of a European Works Council

shall be governed by the following rules>

(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 undertakings 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 from a Member State 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 members of the European Works Council representing employees

employed by the undertaking, or as the case may be the group of undertakings,

situated in Malta 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 the

words ‘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

B

establishments or undertakings or collective redundancies, the Select Committee, or

when no such committee exists, 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 undertakings 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 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 conduct the meeting alternately and establish the

procedure thereof.

5. Before any meeting with the central management, or other appropriate level

of management referred to in paragraph 3(2), 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 organizing 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

(1) For the purposes of these regulations>

“central management” means the central management of the

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

undertakings, of the controlling undertaking, or, as provided for in

regulation 3(2), the representative agent or the management of the

establishment<

“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 the “controlled undertaking” by virtue of, amongst

other reasons, ownership, financial participation or the rules which

govern it<

“employees’ representative” shall mean 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, with the purpose of

informing and consulting employees<

(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 of and article 7 of and the

Annex to EU Council Directive 94#45#EC.

“group of undertakings” means a controlling undertaking and

its controlled undertakings, and ‘group undertaking’ means any

undertaking of a group of undertakings<

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

of the European Economic Area or any other state as the Minister

may prescribe<

“Special Negotiating Body” means the body established in

accordance with regulations 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 sub-regulation (1) of this

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

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

the Act.

(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

purpose 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 respect of the Social 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 sub-regulation (4) of this regulation,

a controlling undertaking’s rights as regards voting and appointment

shall include the rights of any of its 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) or (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, whether

situated in Malta or in any member state, satisfy one or more of the

criteria laid down in that subparagraph, the organisation which satisfies

the criterion laid down in paragraph (c) of sub-regulation (4) 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 Responsibilities of

central

and maintaining the conditions and means necessary for the setting up management.

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 a 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 (b) or

(c) of sub-regulation (1) 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 (b) of

sub-regulation (1)< or

(b) the management of the establishment referred to in

subparagraph (c)(i) of sub-regulation (1) or of the group

undertaking, referred to in subparagraph (c)(ii) of sub-regulation

(1),

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 Malta.

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

requests for

present 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 sub-regulation (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 calculated as specified in

regulation 2 (3), within one month from the date of receipt of the request.

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

the previous sub-regulation 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 Establishment of

Special

a Special Negotiating Body to negotiate with the central management Negotiating body.

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 sub-regulation, 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 several dates.

(3) The central management shall commence negotiations

on the establishment of a European Works Council within six months

from the date of receipt of the 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 sub-regulation (3).

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

negotiate with the central management, for a written agreement or

agreements for the establishment of arrangements for the information

and consultation of employees and for determining the scope,

composition, functions, and term of office of the 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 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 at

least 50% but less than 75% of the employees the undertaking or

group of undertakings who are employed in the Member States

are employed<

(d) three additional members from a Member State in which

75% or more of the employees of the undertaking or group of

undertakings who are employed in the Member States are

employed.

(3) Employees’ representatives from countries that are not

Member States may be permitted to participate in the meetings and

activities of the European Works Council if there is agreement between

the central management and the Special Negotiating Body to this effect,

but shall not be entitled to vote.

(4) The method of selection of the members representing

employees employed by the undertaking, or as the case may be the

group of undertakings, situated in Malta 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 in

employment but 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 date of

nomination of candidates referred to in sub-regulation (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 nomination

of candidates referred to in sub-regulation (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, either not to open negotiations in accordance

with sub-regulation (12) 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-paragraph (14) 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 body

shall be obliged to negotiate in a spirit of cooperation 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).

(6) An agreement referred to in sub-regulation (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 alternative 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

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 (2), 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(14).

(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 not later than six months after they

first become applicable, comply with the requirements.

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

information.

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 or her duties as

a member, expert or employees’ representative to the information and

consultation procedure, disclose such information>

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

a member,

(b) to another employees’ representative to the procedure,

or

(c) to the member, body or person he or she 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 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 to facilitate

the process of information and consultation of employees by virtue of

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

protection as an employees’ representatives in terms of article 36(14)

(a) of the Act.

(2) Such members as referred to in the preceding sub-

regulation, 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 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

rights to information and consultation which employees may have as a

result of existing legislation.

Any person who fails to comply with any obligation imposed

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

shall on conviction be liable>

(a) to a fine (multa) 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 alternative information

and consultation procedure in accordance with any agreement

reached pursuant to regulation 7, or

(iii) comply with the requirements referred to in

regulation 8<

(b) in relation to any other offence, a fine (multa) of not

less than five hundred liri and not more than five thousand liri.

The European Works Council (Information and Consultation)

Regulations, 2003, are hereby repealed.

B