S.L. 452.86 Art. 7Content of the agreement.

(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 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 subregulation (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 subregulation (3) provides otherwise.

(8) Unless a wider scope is provided for in an agreement referred to in subregulation (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. and shall automatically dissolve on its ceasing to have that function.