EUROPEAN WORKS COUNCIL (FURTHER PROVISIONS) REGULATIONS

SUBSIDIARY LEGISLATION 452.107

EUROPEAN WORKS COUNCIL

(FURTHER PROVISIONS) REGULATIONS

10th June, 2011

LEGAL NOTICE 217 of 2011, and by Legal Notices 282 of 2017.

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

Council (Further Provisions) Regulations.

(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

e s tab l ish i ng a E u r o pe an Wo r k s Co u n c il o r a p r o c e d u r e f o r

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

s e t u p a E u r op e a n Wor k s C o un c il o r an y p r oc e d u re fo r t he

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, which have

been signed or revised between the 5th of June 2009

and the 5th of June 2011.

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 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 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 regulation 1(2) and in the cases

provided for in regulation 8(1), 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 regulation 3(2).

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

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 or to continue to apply the

subsidiary requirements adopted in accordance with this Schedule.

Regulations 7 and 8 shall apply, mutatis mutandis, if a decision has been taken to

EUROPEAN WORKS COUNCIL (FURTHER PROVISIONS)

negotiate an agreement according to regulation 7, 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.

T h e i nf o r m a tio n a n d c o n su lt atio n p r oce du r e s p ro v id e d f o r in th e abo v e

circumstances shall be carried out without prejudice to regulations 1(2) and 9.

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)

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 one thousand 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 one

hundred and fifty employees in one Member State and

at least one other group undertaking with at least one

hundred and fifty employees in another Member State;

"Community-scale undertaking" means any undertaking with at

least one thousand employees within the Member States and at

least one hundred and fifty employees in each of at least two

Member States;

" co n s u l t a t io n " m e an s t h e e s t ab li s h m e n t o f d i al o g u e a n d

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

repr esentative or, in case of n on -unioni sed employees, the

representative or representatives duly elected from amongst the

employees;

"European Works Council" means a council established in

accordance with regulation 1(2) or the provisions of the Schedule

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

them selv es 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

ac cordance wi th r egul ati on 6 t o n egoti ate wi th the centra l

management regarding the establishment of a European Works

Council or a procedure for informing and consulting employees in

accordance with regulation 1(2).

(2) Subject to the provisions of sub-regulation (1), 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 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), 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 repr esentative, the centr al 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), 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

un dertakin g which s atisf ies th e cr iter ion laid d own in s ub-

regulation (5)(c) 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

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 provide

otherwise.

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

referred to in regulation 7, the powers and competence of European

Works Councils and the scope of information and consultation

procedur es establis hed to achi eve the purpose s peci fied in

egulation 1(2) 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.

(2) Where the circumstances described in sub-regulation(1)(b)

or (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 sub-regulation

(1)(b); or

(b) the management of the establishment referred to in

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

referred to in sub-regulation (1)(c)(ii),

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 o r the deemed central m anagement withi n the

meaning of sub-regulation (2), of the Community-scale

undertaking or group of undertakings shall be responsible for

o b ta in i ng an d tr a n sm i tti n g to th e p a r ties c on c e r n e d b y th e

application of these regulations the information required for

commencing the negotiations referred to in regulation 5, and in

p a r t i c u l a r th e i n f o r m a ti o n co n c er n i n g th e s t r u c t u r e o f t h e

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 regulation

1(2), the central management shall have a duty to establish a

Special Negotiating Body to negotiate with the central management

f o r t h e e s t a b l i s h m e n t o f a E u r o p e a n Wo r k s C o u n c i l o r a n

information and consultation procedure.

(2) The central management shall initiate action to fulfil the

obligations referred to in sub-regulation (1), either -

(a) on its own initiative, or

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

total of one hundred 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 sub-regulation (2)(b), the local management shall

ensure that the request is passed on to the central management

within a period of fifteen 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).

(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

e m p l o y e d i n e a c h M e m b e r St a t e b y t h e C o m m u n i t y - s c a l e

u n de rt ak in g o r C om m u n it y- s c a le g r ou p o f u n d e r ta k in g , b y

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 regulation

2(4) 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 pr ocess of appointing or electing the Sp ecial

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

N e g o t i at i n g B o d y, t h e s e s h a l l b e c o n s i d e r e d to h a v e b e e n

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),

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).

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

the election and satisfies the criteria referred to in regulation 2(4)

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

m e m b e r s . M o r e o v e r, t h e c e n t r a l m a n a g e m e n t , t h e l o c a l

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, 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), 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), or to terminate the negotiations already opened, in

which case the provisions of the Schedule 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) 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 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 regulation 1(2).

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

written agreement mentioned in regulation 1(2) 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 regulation 3(2);

(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 sig nificantly affect wo rkers’

interests.

(4) An agreement referred to in sub-regulations (2) and (3)

shall not be subject to the subsidiary requirements of the Schedule,

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

Europ ean Wor ks Cou ncil o r an alternative in fo rm ation an d

consultation procedure ceases.

(1) The subsidiary requirements as laid down in the

Schedule 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 of these regulations and the

Special Negotiating Body has not taken the decision

provided for in regulation 6(15).

(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), which has expressly been provided to him in

confidence.

(2) In this regulation a person specified in sub-regulation (1)(a)

to (d) 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), 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), 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), 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

o bjective criteria, serio us ly harm th e fu nction ing o f, or be

prejudicial to, the undertaking concerned, the Industrial Tribunal

s h a ll o r d e r t h e m a na g e m e n t to d i scl o se th e in f o r m a t io n o r

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, 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

E u r o p ea n Wo r k s C o u n c i ls a n d e m p l o y e e s ’ r e p r e s e n t at i v e s

exercising their functions under the procedure referred to in

regulation 7(3) shall, in the exercise of their functions, enjoy the

same protection as employees’ representatives in terms of article

36(14)(a) of the Act.

(4) Such members referred to sub-regulation (3) shall be

allowed to attend any meetings and shall be paid their wages during

the peri od s of abs ence from thei r place of work as m ay be

necessary to perform their duties pursuant to these regulations.

A member of a special negotiating body or of a European

Works Council, or such a member's alternate, who is a member of

the crew of a seagoing ship, shall be entitled to participate in a

meeting of the special negotiating body or of the European Works

Council, or in any other meeting under any procedures established

pursuant to regulation 7(3), where that member or alternate is not at

sea or in a port in a country other than that in which the shipping

company is domiciled, when the meeting takes place.

Meetings shall, where practicable, be scheduled to facilitate

the participation of members or alternates, who are members of the

crews of seagoing ships. In cases where a member of a special

negotiating body or of a European Works Council, or such a

member's alternate, who is a member of the crew of a seagoing

ship, is unable to attend a meeting, the possibility of using, where

possible, new information and communication technologies shall

be considered.

(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

regulation 3(2).

(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.

(3) Where no such arrangements have been defined by

agreement, the processes of informing and consulting must be

co nducted in the Eur opean Works Council as well as in th e

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

(In formation an d Co nsultation) Regu lations, the Collective

Redundancies (Protection of Employment) Regulations, and the

Transfer of Business (Protection of Employment) Regulations.

Where the structure of the Community-scale undertaking

or Community-scale group of undertakings changes significantly,

a n d e i th e r in t h e a b s e n c e o f p r o v is i o n s es t a b l i sh ed b y t h e

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 on its own initiative or at the written request of at least

one hundred 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

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

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).