S.L. 452.98 Art. 8Decision not to open or to terminate negotiations.

(1) Subject to subregulations (2) and (3), the special negotiating body may decide not to open negotiations with the competent organs of the participating legal entities or to terminate any negotiations already opened, and to rely on the rules of information and consultation in force in the Member States where the SCE has employees.

(2) The majority required to decide not to open or to terminate negotiations shall be the votes of two thirds of the members representing at least two thirds of the employees, including the votes of members representing employees employed in at least two Member States.

(3) The special negotiating body cannot take the decision referred to in subregulation (1) in relation to an SCE to be established by transformation if any employees of the cooperative to be transformed have participation rights.

(4) The special negotiating body shall be reconvened only if the employees or employees’ representatives make a valid request, which request shall be:

(a) in writing

(b) made by at least 10% of the employees of, or by employees’ representatives representing at least 10% of the employees of -

(i) the participating legal entities, concerned subsidiaries and establishments, or

(ii) where the SCE has been registered, the SCE, its subsidiaries and establishments; and

(c) at the earliest, two years after the decision made under subregulation (1) was or should have been published in accordance with regulation 7(5) unless the special negotiating body and the competent organs of the participating legal entities, concerned subsidiaries and establishments or, where the SCE has been registered, the SCE agrees to the special negotiating body being reconvened earlier: Provided that if the special negotiating body decides to reopen negotiations with the management or administrative organs but no agreement is reached as a result of those negotiations, none of the provisions of the Schedule shall apply.