S.L. 452.98 Art. 2Interpretation. Cap. 452. S.L. 452.86

(1) For the purpose of these regulations: "the Act" means the Employment and Industrial Relations Act;

"concerned subsidiary or establishment" means a subsidiary or establishment of a participating legal entity which is proposed to become a subsidiary or establishment of the SCE upon its formation;

"consultation" means the establishment of dialogue and exchange of views between the body representative of the employees or the employees’ representatives, or both, and the competent organ of the SCE, at a time, in a manner and with a content which allows the employees’ representatives, on the basis of information provided, to express an opinion on measures envisaged by the competent organ which may be taken into account in the decision-making process within the SCE;

"information" means the informing of the body representative of the employees or employees’ representatives, or both, by the competent organ of the SCE on questions which concern the SCE itself and any of its subsidiaries or establishments situated in another Member State or which exceed the powers of the decision-making organs in a single Member State at a time, in a manner and with a content which allows the employees’ representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent organ of the SCE; "involvement of employees" means any mechanism, including information, consultation and participation, through which employees’ representatives may exercise an influence on decisions to be taken within an undertaking; "Maltese employee" means an employee employed by an undertaking established in Malta; "Maltese member of the special negotiating body" means a member of the special negotiating body elected or appointed by Maltese employees;

"Member States" means a member state of the European Union or the European Economic Area;

"participating legal entities" means companies and firms within the meaning of the second paragraph of Article 48 of the Treaty establishing the European Community, including cooperatives, as well as legal bodies formed under Maltese law directly participating in the establishment of an SCE;

"participation" means the influence of the body representative of the employees or the employees’ representatives, or both, in the affairs of a legal entity by way of -

(a) the right to elect or appoint some of the members of the legal entity’s supervisory or administrative organ, or

(b) the right to recommend or oppose, or both, the appointment of some or all of the members of the legal entity’s supervisory or administrative organ; "representative body" means the body representative of the employees set up by the agreements referred to in regulation 9 or in accordance with the provisions of the Schedule, with the purpose of informing and consulting the employees of an SCE and its subsidiaries and establishments situated in the Community and, where applicable, of exercising participation rights in relation to the SCE;

"SCE" means any cooperative society established in accordance with Council Regulation (EC) No 1435/2003 of the 22nd July 2003;

"special negotiating body" means the body established in accordance with regulation 4 to negotiate with the competent organ of the participating legal entities regarding the establishment of arrangements for the involvement of employees within the SCE; "subsidiary" of a participating legal entity or of an SCE means an undertaking over which that legal entity or SCE exercises a dominant influence defined in accordance with regulation 2(4) to

(9) of the European Works Council Regulations.

(2) Subject to the provisions of subregulation (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 Regulation (EC) No 1435/2003 or in Council Directive 2003/72/EC shall have the same meaning as they have in the EC Regulation or Council Directive.