(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.
(3) For the purposes of paragraph (2), a reduction of
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