(1) Subject to paragraph (2) and Regulation 11, the special negotiating body shall take its decisions (including the final decision whether to approve the entering into of an agreement under Regulation 8) by an absolute majority of its members, with each member having one vote, provided that such a majority also represents an absolute majority of the employees.

(2) In each of the following cases, if the result of negotiations would lead to a reduction of participation rights, the majority required for a decision to approve the entering into of an agreement under Regulation 8 shall be the votes of two thirds of the members of the special negotiating body representing at least two thirds of the total number of employees, including the votes of members representing employees employed in at least two Member States.

(3) The cases mentioned in paragraph (2) are -

(a) the case of an SE to be established by way of a merger, if participation covers at least 25% of the overall number of employees of the participating companies,