THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the amended proposal from the Commission [OJ C 138, 29.5.1991, p. 8.],

Having regard to the opinion of the European Parliament [OJ C 342, 20.12.1993, p. 15.],

Having regard to the opinion of the Economic and Social Committee [OJ C 124, 21.5.1990, p. 34.],

Whereas:

(1) In order to attain the objectives of the Treaty, Council Regulation (EC) No 2157/2001 [See page 1 of this Official Journal.] establishes a Statute for a European company (SE).

(2) That Regulation aims at creating a uniform legal framework within which companies from different Member States should be able to plan and carry out the reorganisation of their business on a Community scale.

(3) In order to promote the social objectives of the Community, special provisions have to be set, notably in the field of employee involvement, aimed at ensuring that the establishment of an SE does not entail the disappearance or reduction of practices of employee involvement existing within the companies participating in the establishment of an SE. This objective should be pursued through the establishment of a set of rules in this field, supplementing the provisions of the Regulation.