S.L. 452.107 Art. 1Citation and scope.

(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 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, 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.