Recital (19)

In the context of information and consultation on transnational matters, it is important to ensure that Community-scale undertakings or Community-scale groups of undertakings can take decisions effectively and that information and consultation does not result in undue delays in the decision-taking process. It is also crucial that employees’ representatives are provided with adequate time to form, coordinate and express their views on sometimes complex transnational matters, taking into account any agreed arrangements for linking information and consultation of the European Works Council and national employee representation bodies. To enable parties to reconcile those considerations in practice, the minimum requirements for the consultation process should remain sufficiently flexible, allowing them to schedule the process as appropriate in light of the respective circumstances and content of the consultation. Rather than imposing a rigid timeframe for employees’ representatives to issue their opinion and for management to provide a reasoned response, it is appropriate to provide for the principle that consultation is to take place within a reasonable time, taking into account the degree of urgency of the matter. That principle enables the parties to expedite the consultation process in urgent situations. It should also be clarified that the requirement for management to provide a reasoned response prior to adopting a decision applies where the employees’ representatives expressed their opinion within a reasonable time, with regard to all relevant circumstances, such as the complexity or significance of the matter, or management’s interests in taking a decision promptly.