(1) The special negotiating body may decide, by the majority specified in paragraph (3), not to open negotiations with the competent organs of the participating companies or to terminate negotiations already opened, and to rely on the rules on information and consultation of employees in force in each of the Member States (including the State) where the SE has its employees.

(2) A decision taken under paragraph (1) shall terminate the procedure referred to in Regulation 13 for the conclusion of an agreement, and the provisions of Schedule 1 shall not apply.

(3) The majority required for the purposes of paragraph (1) 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.

(4) This Regulation shall not apply in the case of an SE to be established by way of transformation where there is participation in the company to be transformed.