(1) Subject to paragraph (2), the special negotiating body shall take its decisions (including the final decision whether to approve the entering into of an agreement under Regulation 78) by both -

(a) an absolute majority of its members, with each member having one vote, and

(b) an absolute majority of the employees represented by those members.

(2) In the case of cross-border mergers only, if -

(a) at least 25 per cent of the overall number of employees of the merging companies are covered by employee participation, and

(b) the result of negotiations would lead to a reduction of employee participation rights,

the majority required for a decision to approve the entering into of an agreement under Regulation 78 is the votes of 2 thirds of the members of the special negotiating body representing at least 2 thirds of the total number of employees, including the votes of members representing employees employed in at least 2 EEA states.