S.L. 452.94 Art. 16Linkbetweenthese regulations and other provisions. S.L. 452.86

(1) Notwithstanding any provision to the contrary in the

European Works Council Regulations, and subject to subregulation

(2), where an SE is a Community-scale undertaking or a controlling undertaking of a Community-scale group of undertakings within the meaning of those regulations, the provisions of European Works Council Regulations shall not apply to them or to their subsidiaries.

(2) Where the special negotiating body decides in accordance with regulation 6 not to open negotiations or to terminate negotiations already opened, the provisions of the European Works Council Regulations shall apply.

(3) Provisions on the participation of employees in company bodies provided for in any relevant collective agreement shall not apply to companies established in accordance with Regulation (EC) No 2157/2001 and covered by these regulations.

(4) These regulations shall not prejudice:

(a) the existing rights to involvement of employees provided for by existing collective agreements as enjoyed by employees of the SE and its subsidiaries and establishments, other than participation in the bodies of the SE;

(b) the provisions on participation in the bodies agreed through a relevant collective agreement applicable to the subsidiaries of the SE.