S.L. 452.94 ст. 2Definitions. Cap. 452. S.L. 452.86

(1) For the purpose of these regulations:

"Act" means the Employment and Industrial Relations Act;

"concerned subsidiary or establishment" means a subsidiary or establishment of a participating company which is proposed to become a subsidiary or establishment of the SE 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 SE, 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 SE; "information" means the informing of the body representative of the employees or employees’ representatives, or both, by the competent organ of the SE on questions which concern the SE 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 SE;

"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 the company; "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 companies" means the companies directly participating in the establishing of an SE;

"participation" means the influence of the body representative of the employees or the employees’ representatives, or both, in the affairs of a company by way of the right to:

(a) elect or appoint some of the members of the company’s supervisory or administrative organ, or

(b) recommend or oppose, or both, the appointment of some or all of the members of the company’s supervisory or administrative organ;

"representative body" means the persons elected or appointed under the employee involvement agreement referred to in regulation 8 or under the standard rules of employee involvement in accordance with the provisions of the Schedule, with the purpose of informing and consulting the employees of an SE and its subsidiaries and establishments situated in the Community and, where applicable, of exercising participation rights in relation to the SE;

"SE" means any company established in accordance with Council Regulation (EC) No 2157]2001 of the 8th October 2001 on the Statute for a European Company (SE); "special negotiating body" means the body established in accordance with regulation 3 to negotiate with the competent body of the participating companies regarding the establishment of arrangements for the involvement of employees within the SE;

"subsidiary" of a company means an undertaking over which that company 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 2157/2001 or in Council Directive 2001/86/EC have the same meaning as they have in the EC Regulation or Council Directive.