(1) Employees' rights to information and consultation shall be respected in relation to all 3 cross-border operations and exercised in accordance with the legal framework provided for in -
(a) Directive 2002/14/EC and, where applicable for Community-scale undertakings or groups of undertakings, in accordance with Directive 2009/38/EC, and
(b) Directive 2001/23/EC where a cross-border merger or division is considered to be a transfer of an undertaking within the meaning of that Directive.
(2) Notwithstanding Regulations 8(9), 12(1)(b), 29(10) (including as applied by Regulation 53) and 33(1)(b) (including as applied by Regulation 57), employees' rights to information and consultation shall be respected, at least before the draft terms or common draft terms of the cross-border operation under Regulation 7, 28 or 52 or the report referred to in Regulations 8, 29 or 53 is decided upon, whichever is earlier, in such a way that a reasoned response is given to the employees before the general
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