European Works Council (Further Provisions) Regulations,

L.N. 217 of 2011

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

European Works Council (Further Provisions) Regulations,

IN exercise of the powers conferred by article 48 of the

Employment and Industrial Relations Act, the Prime Minister has

made the following regulations:–

(1) The title of these regulations is the European Works

Council (Further Provisions) Regulations, 2011.

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

right to information and consultation of employees in Community-

scale undertakings and Community-scale groups of undertakings

by establishing a European Works Council or a procedure for

informing and consulting employees in every such undertaking and

group of undertakings where requested in the manner laid down

in regulation 5 and to implement the provisions of EU Directive

2009/38/EC.

(3) These regulations shall apply to all arrangements

aiming to set up a European Works Council or any procedure for

the information and consultation of employees in Community-

scale undertakings or Community-scale groups of undertakings, as

provided for by these regulations, which are effected for the first

time on the 6th of June, 2011 and after the 6th of June 2011.

(4) These regulations shall not apply to

(a) Community-scale undertakings or Community-

scale groups of undertakings in which, on the 22nd September

1996, there had already been an agreement covering the

entire workforce, providing for the transnational information

and consultation of employees, or where such agreements

are adjusted because of changes in the structure of the

undertakings or groups of undertakings; and

(b) agreements concluded pursuant to regulation 7 of

the European Works Council Regulations, 2004, which have

been signed or revised between the 5th of June 2009 and the

5th of June 2011; and

(c) merchant navy crews;

Provided that in so far as paragraph (b) is concerned,

the national law applicable when the agreement is signed or

revised shall continue to apply to the undertakings or groups

of undertakings concerned.

Provided further that in the case of the agreements

mentioned in paragraphs (a) and (b), the applicable law

shall be the European Works Council Regulations of 2004

and upon the expiry of the said agreements, the parties to

those agreements may decide jointly to renew or revise such

agreements, in which case the European Works Council

Regulations of 2004 shall apply. In the case that these

agreements are neither renewed or revised, the provisions of

these regulations shall automatically apply.

(Regulation 8)

Subsidiary Requirements

1. In order to achieve the objective set out in sub-regulation (2) of regulation

1 of these regulations and in the cases provided for in sub-regulation (1) of

regulation 8 of these regulations, the establishment, composition and competence of

a European Works Council shall be governed by the following rules

(a) the competence of the European Works Council shall be determined

in accordance with sub-regulation (2) of regulation 3 of these regulations.

The information of the European Works Council shall relate in particular

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

production and sales of the Community-scale undertaking or group of undertakings.

The information and consultation of the European Works Council shall relate

in particular to the situation and probable trend of employment, investments,

and substantial changes concerning organisation, 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.

The consultation shall be conducted in such a way that the employees’

representatives can meet with the central management and obtain a response, and

the reasons for that response, to any opinion they might express;

(b) the European Works Council shall be composed of employees of

the Community-scale undertaking or Community-scale group of undertakings

elected or appointed from their number by the employees’ representatives or,

in the absence thereof, by the entire body of employees.

The election or appointment of members of the European Works Council shall

be carried out in accordance with regulation 6;

(c) the members of the European Works Council shall be elected or

appointed in proportion to the number of employees employed in each

Member State by the Community-scale undertaking or Community-scale

group of undertakings, by allocating in respect of each Member State one seat

per portion of employees employed in that Member State amounting to 10 %,

or a fraction thereof, of the number of employees employed in all the Member

States taken together;

(d)

to ensure that it can coordinate its activities, the European Works

B

Council shall elect a select committee from among its members, comprising at

most five members, which must benefit from conditions enabling it to exercise

its activities on a regular basis.

It shall adopt its own rules of procedure;

(e) the central management and any other more appropriate level of

management shall be informed of the composition of the European Works

Council;

(f) four years after the European Works Council is established it shall

examine 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.

Regulations 7 and 8 of these regulations shall apply, mutatis mutandis, if a

decision has been taken to negotiate an agreement according to regulation 7 of

these regulations, in which case ‘Special Negotiating Body’ shall be replaced by

‘European Works Council’.

2. 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 undertaking or Community-scale group of undertakings and its

prospects. The local managements shall be informed accordingly.

3. Where there are exceptional circumstances or decisions affecting the

employees’ interests to a considerable extent, particularly in the event of relocations,

the closure of establishments or undertakings or collective redundancies, the select

committee or, where no such committee exists, the European Works Council shall

have the right to be informed. It shall have the right to meet, at its request, the

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

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

decision, so as to be informed and consulted.

Those members of the European Works Council who have been elected or

appointed by the establishments and,or undertakings which are directly concerned

by the circumstances or decisions in question shall also have the right to participate

where a meeting is organised with the select committee.

This information and consultation meeting 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 group of

undertakings, on which an opinion may be delivered at the end of the meeting or

within a reasonable time.

This meeting shall not affect the prerogatives of the central management.

The information and consultation procedures provided for in the above

circumstances shall be carried out without prejudice to regulation 1 (2) and

regulation 9 of these regulations.

4. The Member States may lay down rules on the chairing of information and

consultation meetings.

Before any meeting with the central management, the European Works Council

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

paragraph of point 3, shall be entitled to meet without the management concerned

being present.

5. 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.

6. The operating expenses of the European Works Council shall be borne by

the central management.

The central management concerned shall provide the members of the European

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

their duties in an appropriate manner.

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.

€1.80

(1) For the purpose of these regulations

“the Act” means the Employment and Industrial

Relations Act;

“central management’ means the central management

of the Community-scale 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

(a)

at least 1,000 employees within the Member

States,

(b) at least two group undertakings in different

Member States, and

(c) at least one group undertaking with at least

150 employees in 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 1,000 employees within the Member States and

at least 150 employees in each of at least two Member States;

“consultation” means the establishment of dialogue

and exchange of views between employees’ representatives

and central management or any more appropriate level of

management, at such time, in such fashion and with such

content as enables employees’ representatives to express an

opinion on the basis of the information provided about the

proposed measures to which the consultation is related,

without prejudice to the responsibilities of the management,

and within a reasonable time, which may be taken into

account within the Community-scale undertaking or

Community-scale group of undertakings;

“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 others, ownership, financial participation

or the rules which govern it.

“employees’ representatives” means either the

recognized union representative or, in case of non-unionised

employees, the representative or representatives duly elected

from amongst the employees;

“European Works Council” means a council established

in accordance with sub-regulation (2) of regulation 1 hereof

or the provisions of the Schedule to these regulations with the

purpose of informing and consulting employees;

“group of undertakings” means a controlling undertaking

and its controlled undertakings;

“information” means transmission of data by the

employer to the employees’ representatives in order to enable

them to acquaint themselves with the subject matter and to

examine it. Such information shall be given at such time,

in such fashion and with such content as are appropriate to

enable employees’ representatives to undertake an in-depth

assessment of the possible impact and, where appropriate,

prepare for consultations with the competent organ of the

Community –scale undertaking or Community-scale 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 regulation 6 to negotiate with the central

management regarding the establishment of a European

Works Council or a procedure for informing and consulting

employees in accordance with sub-regulation (2) of regulation

1 of these regulations.

(2) Subject to the provisions of sub-regulation (1)

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

the context otherwise requires, have the meaning assigned to them

in the Act.

(3) In the absence of a definition given in these

regulations, words and expressions used in these regulations which

are also used in Directive 2009/38/EC shall have the same meaning

as they have in the Directive.

(4) For the purpose of these regulations, the prescribed

thresholds to determine whether an undertaking is a Community-

scale undertaking or a Community-scale group of undertakings,

in the case of employees in Malta, shall be based 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 5 of these regulations

was made, whether such employees are on an indefinite or definite

contract, and including part time employees.

(5) The ability to exercise a dominant influence shall

be presumed, unless the contrary is proven, when an undertaking,

in relation to another undertaking directly or indirectly

(a)

holds a majority of that undertaking’s subscribed

capital;

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

undertaking’s issued share capital; or

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

undertaking’s administrative, management or supervisory

body.

(6) For the purposes of sub-regulation (5) hereof, a

controlling undertaking’s rights as regards voting and appointment

shall include the rights of any other controlled undertaking 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 controlled

undertaking.

(7) Notwithstanding what is stated in these regulations,

an undertaking shall not be deemed to be a “controlling

undertaking” with respect to another undertaking in which it has

holdings where the former undertaking is a company referred to in

Article 3 (5) (a) or (c) of Council Regulation (EC) No. 139/2004

of 20 January 2004 on the control of concentrations between

undertakings.

(8) 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 a Member

State relating to liquidation, winding up, insolvency, cessation of

payments, compositions or analogous proceedings.

(9) 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 that 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 greatest number of employees is

situated.

(10) Where, in the case of a conflict of laws in the

application of sub-regulation (5) hereof, 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 sub-regulation,

the undertaking which satisfies the criterion laid down in paragraph

(c) of sub-regulation (5) hereof shall be regarded as the controlling

undertaking, without prejudice to proof that another undertaking is

able to exercise a dominant influence.

(1) The arrangements for informing and consulting Objectives.

employees shall be defined and implemented in such a way as to

ensure their effectiveness and to enable the undertaking or group

of undertakings to take decisions effectively.

(2) Information and consultation of employees must

occur at the relevant level of management and representation,

according to the subject under discussion. To achieve that, the

competence of the European Works Council and the scope of the

information and consultation procedure for employees governed by

these regulations shall be limited to transnational issues

Provided that matters shall be considered to be

transnational where they concern the Community-scale undertaking

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

two undertakings or establishments of the undertaking or group

situated in two different Member States.

(3) Notwithstanding anything stated in these

regulations, where a Community-scale group of undertakings

comprises one or more undertakings or groups of undertakings

which are Community-scale undertakings or Community-scale

groups of undertakings, a European Works Council shall be

established at the level of the group unless the agreements referred

to in regulation 7 of these regulations provide otherwise.

(4) Unless a wider scope is provided for in the

agreements referred to in regulation 7 of these regulations, the

powers and competence of European Works Councils and the

scope of information and consultation procedures established to

achieve the purpose specified in sub-regulation (2) of regulation 1

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.

(1) The central management shall be responsible for

creating the conditions and means necessary for the setting up of

a European Works Council or an information and consultation

procedure in a Community-scale undertaking and a 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 of these

regulations.

(2) Where the circumstances described in paragraphs

(b) or (c) of sub-regulation 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

item (i) of paragraph (c) of sub-regulation (1) hereof or of the

group undertaking, referred to in item (ii) of paragraph (c) of

sub-regulation hereof,

shall be treated, respectively, as being the central management.

(3) It shall be the duty of;

(a) the management of establishments of a

Community-scale undertaking situated in Malta, and

(b) the management of undertakings which form part

of a Community-scale group of undertakings situated in

Malta, and

(c) employees’ representatives or, as the case may be,

of employees,

to comply with the relevant provisions of these regulations,

irrespective of whether or not the central management is situated in

Malta.

(4) The management of every undertaking belonging

to the Community-scale group of undertakings and the central

management or the deemed central management within

the meaning of sub-regulation (2) of this regulation, of the

Community-scale undertaking or group of undertakings shall be

responsible for obtaining and transmitting to the parties concerned

by the application of these regulations the information required

for commencing the negotiations referred to in regulation 5 of

these regulations, and in particular the information concerning

the structure of the undertaking or the group and its workforce,

including, in particular, information on the number of employees.

(1) In order to achieve the objective set out in sub-

regulation (2) of regulation 1 of these regulations, the central

management shall have a duty to establish a Special Negotiating

Body to negotiate with the central management for the

establishment of a European Works Council or an information and

consultation procedure.

(2) The central management shall initiate action to

fulfil the obligations referred to in sub-regulation (1) hereof, 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 (b) of sub-regulation (2) hereof,

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 in sub-regulation

(3) hereof.

(1) The Special Negotiating Body shall have the task of

determining, with the central management, by written agreement,

the scope, composition, functions, and term of office of the

European Works Council or the arrangements for implementing a

procedure for the information and consultation of employees.

(2) The members of the Special Negotiating Body

shall be elected or appointed in proportion to the number of

employees employed in each Member State by the Community-

scale undertaking or Community-scale group of undertaking, by

allocating in respect of each Member State one seat per portion of

employees employed in that Member State amounting to 10% or a

fraction thereof, of the number of employees employed in all the

Member States taken together.

(3) 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 sub-regulation (4) of regulation 2 of these regulations 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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 (4)

hereof, 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 (4) hereof.

(8) Any employee who is in employment on the day

or days of the election and satisfies the criteria referred to in sub-

regulation (4) of regulation 2 of these regulations shall be entitled

to vote in such an election.

(9) 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.

(10) 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 to the central management,

the local management, and the competent European workers’ and

employers’ organizations as soon as practicable, and in any case

within one month after the date of the election or appointment

of its members. Moreover, the central management, the local

management and the competent European workers’ and employers’

organizations shall be informed of the start of negotiations between

the special negotiating body and the management.

(11) With a view to the conclusion of an agreement

in accordance with regulation 7 of these regulations, the central

management shall convene a meeting with the Special Negotiating

Body and shall inform local managements accordingly.

(12) Before and after any meeting with the central

management, the Special Negotiating Body shall be entitled to

meet without representatives of the central management being

present, using any necessary means for communication.

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

Negotiating Body may request assistance from experts of its

choice which can include representatives of competent recognized

Community-level trade union organizations. Such experts and such

trade union representatives may be present at negotiation meetings

in an advisory capacity at the request of the special negotiating

body.

(14) Subject to sub-regulation (15) hereof, 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.

(15) The Special Negotiating Body may decide, by at

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

with sub-regulation (11) hereof, or to terminate the negotiations

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

these regulations shall not apply.

(16) A new request to convene the Special Negotiating

Body may be made at the earliest two years after the decision

mentioned in sub-regulation (15) hereof has been taken, unless the

parties concerned agree on a shorter period.

(17) Any 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 task 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 Content of the

Negotiating Body shall negotiate in a spirit of cooperation with a

view to reaching a written agreement on the detailed arrangements

for implementing the information and consultation of employees

provided in sub-regulation (1) of regulation 1 of these regulations.

(2) Without prejudice to the autonomy of the parties,

the written agreement mentioned in sub-regulation (1) of regulation

1 of these regulations shall determine

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

undertakings or the establishments of the Community-scale

undertaking which are covered by the agreement;

(b) the composition of the European Works Council,

the number of members, the allocation of seats, taking into

account where possible the need for balanced representation

of employees with regard to their activities, category and

gender, and the term of office;

(c) the functions and the procedure for information

and consultation of the European Works Council and the

arrangements for linking information and consultation

of the European Works Council and national employee

representation bodies, in accordance with the principles set

out in sub-regulation (2) of regulation 3 of these regulations;

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

the European Works Council;

(e) where necessary, the composition, the appointment

procedure, the functions and the procedural rules of the select

committee set up within the European Works Council;

(f) the financial and material resources to be allocated

to the European Works Council;

(g) the date of entry into force of the agreement and

its duration, the arrangements for amending or terminating

the agreement and the cases in which the agreement shall be

renegotiated and the procedure for its renegotiation, including,

where necessary, where the structure of the Community-

scale undertaking or Community-scale group of undertakings

changes.

(3) The central management and the Special

Negotiating Body may decide, in writing, to establish one or more

information and consultation procedures instead of a European

Works Council, in which case, the agreement must stipulate by

what method the employees’ representatives shall have the right to

meet to discuss the information conveyed to them

Provided that this information shall relate in particular

to transnational questions which significantly affect workers’

interests.

(4) An agreement referred to in sub-regulations (2)

and (3) of this regulation shall not be subject to the subsidiary

requirements of the Schedule to these regulations, except to the

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

requirements are to apply.

(5) The Special Negotiating Body shall remain

in existence until its function to negotiate for an agreement to

establish a European Works Council or an alternative information

and consultation procedure ceases.

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

Schedule to these regulations shall apply if any of the situations requirements.

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 sub-regulation (2) of regulation 5 of these

regulations, 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 of these regulations and the Special

Negotiating Body has not taken the decision provided for in

sub-regulation (15) of regulation 6 of these regulations.

(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) A person who is or at any time was –

(a) a member of a Special Negotiating Body;

(b)

a member of a European Works Council;

(c) an employees’ representative in the framework of

an information and consultation procedure; and

(d) an expert assisting a Special Negotiating Body or a

European Works Council,

shall not disclose any information or document which is or has

been in his possession by virtue of his position as described in

paragraphs (a) to (d) of this sub-regulation, which has expressly

been provided to him in confidence.

(2) In this regulation a person specified in paragraphs

(a) to (d) of sub-regulation (1) of this regulation shall be referred to

as a ‘recipient’.

(3) Where a dispute arises as to the confidentiality

of information or a document given to a recipient, the recipient

whom the central or local management has entrusted with such

information or document on terms requiring it to be held in

confidence, may refer the dispute to the Industrial Tribunal for a

decision as to whether it was reasonable for the management to

require the recipient to hold the information or document in

confidence.

(4) If the Industrial Tribunal considers that the

disclosure of the information or the document by the recipient

would not, or would not be likely to, prejudice or cause serious

harm to the undertaking concerned, it shall make a declaration that

it was not reasonable for the management to require the recipient to

hold the information or document in confidence.

(5) If a declaration is made under sub-regulation

(4) of this regulation, the information or document shall not at

any time thereafter be regarded as having been entrusted to the

recipient who made the application under sub-regulation (3) of this

regulation, or to any other recipient, on terms requiring it to be held

in confidence.

(6) The central or local management is not required

to disclose any information or document to a recipient when the

nature of the information or document is such that, according to

objective criteria, the disclosure of the information or document

would seriously harm the functioning of, or would be prejudicial to

the undertaking concerned.

(7) Where there is a dispute between the central or

local management and a recipient as to whether the nature of the

information or document which the competent organ has failed

to provide is such as is described in sub-regulation (6) of this

regulation , the management or a recipient may refer the dispute to

the Industrial Tribunal for a decision as to whether the information

or document is of such a nature.

(8) If the Industrial Tribunal decides that the

disclosure of the information or document in question would not,

according to objective criteria, seriously harm the functioning

of, or be prejudicial to, the undertaking concerned, the Industrial

Tribunal shall order the management to disclose the information or

document, and the order shall specify

(a) the information or document to be disclosed;

(b) the recipient or recipients to whom the information

or document is to be disclosed;

(c) any terms on which the information or document is

to be disclosed; and

(d) the date before which the information or document

is to be disclosed.

The central management and the European Works

Council or the employees’ representatives in the framework of an

information and consultation procedure for workers, as the case

may be, shall work in a spirit of cooperation with due regard to

their reciprocal rights and obligations.

(1) The members of the European Works Council

shall have the means required to apply the rights arising from these

regulations, to represent collectively the interests of the employees

of the Community-scale undertaking or Community-scale group of

undertakings

(2) 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 these regulations.

(3) Members of Special Negotiating Bodies, members

of European Works Councils and employees’ representatives

exercising their functions under the procedure referred to in

sub-regulation (3) of regulation 7 shall, in the exercise of their

functions, enjoy the same protection as employees’ representatives

in terms of paragraph (a) of sub-article (14) of article 36 of the Act.

(4) Such members referred to sub-regulation (3) of

this regulation shall be allowed to attend any meetings 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.

(5) In so far as this is necessary for the exercise of their

representative duties in an international environment, the members

of the Special Negotiating Body and of the European Works

Council shall be provided with training without loss of wages.

(1) Information and consultation of the European

Works Council shall be linked to those of the employee

representation bodies at the workplace, if any, with due regard to

the competences and areas of action of each and to the principles

set out in sub-regulation (2) of regulation 3 of these regulations.

(2) Without prejudice to other regulations on

information and consultation of employees, the arrangements for

the links between the information and consultation of the European

Works Council and the employee representation bodies at the

workplace, if any, shall be established by the agreement referred to

in regulation 7 of these regulations.

(3) Where no such arrangements have been defined

by agreement, the processes of informing and consulting must

be conducted in the European Works Council as well as in the

employee representation bodies at the workplace, if any, in cases

where decisions likely to lead to substantial changes in work

organisation or contractual relations are envisaged.

(4) This Directive shall be without prejudice to

the information and consultation procedures referred to in the

Employee (Information and Consultation) Regulations, 2006, the

Collective Redundancies (Protection of Employment) Regulations,

2002 and the Transfer of Business (Protection of Employment)

Regulations, 2002.

Where the structure of the Community-scale

undertaking or Community-scale group of undertakings changes

significantly, and either in the absence of provisions established

by the agreements in force or in the event of conflicts between

the relevant provisions of two or more applicable agreements,

the central management shall initiate the negotiations referred to

in regulation 5 of these regulations on its own initiative or at the

written request of at least 100 employees or their representatives in

at least two undertakings or establishments in at least two different

Member States

Provided that at least three members of the existing

European Works Council or of each of the existing European

Works Councils shall be members of the special negotiating

body, in addition to the members elected or appointed pursuant to

regulation 6 of these regulations

Provided further that during the negotiations, the existing

European Works Council or Councils shall continue to operate in

accordance with any arrangements adapted by agreement between

the members of the European Works Council or Councils and the

central management.

Any person who fails to comply with any obligation Offences.

imposed on such person under these regulations shall be guilty of

an offence and shall on conviction be liable to a fine (multa) of not

less than one thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69) and not more than eleven thousand and

six hundred and forty-six euro and eighty-seven cents (11,646.87).