Recital (10)

It is possible that members of special negotiating bodies need legal advice to carry out their tasks under Directive 2009/38/EC. It is however not sufficiently clear that they are entitled to have the associated legal fees covered. To that end, it should be clarified that central management bears such expenses when incurred by members of special negotiation bodies. Such expenses should be notified in advance by special negotiation bodies to central management. Where the precise amount of the expenses is not known in advance, an estimate of the expenses, including information about their nature, should be notified to central management. It is appropriate to limit central management’s liability for such expenses to reasonable legal costs, to ensure that central management is not liable for manifestly disproportionate costs, costs without a justifiable link to the provision of relevant legal advice, or costs created by manifestly unfounded, frivolous or vexatious claims. Moreover, Directive 2009/38/EC gives Member States discretion to lay down budgetary rules regarding the operation of special negotiating bodies and European Works Councils based on subsidiary requirements, having regard to the principle that expenses relating to the appropriate conduct of the special negotiating body’s functions must be borne by central management. The provisions in Directive 2009/38/EC referring to the number of experts to be funded by central management are therefore redundant and should be deleted.