Recital (67)

Member States should clarify the functions of creditors’ committees and the requirements, duties and procedures for appointing their members. To avoid undue delay when establishing the creditors’ committee, members of the committee should be appointed expeditiously to ensure the efficiency of the insolvency proceedings. Member States should ensure that creditors are fairly represented within creditors’ committees and that cross-border creditors that are resident in a Member State other than that in which the insolvency proceedings are opened are not precluded from participating in creditors’ committees. When workers are among the creditors, those workers or their representatives should be eligible for appointment to creditors’ committees, unless there is another, at least equivalent, mechanism through which the interests of workers in insolvency proceedings can be represented. This could be the case where workers’ interests in collective proceedings are taken into account through mandatory consultations with their representatives on the direction of the proceedings or prior to major decisions, such as on the sale of assets or the transfer of the business. Workers whose wage claims are paid in full by a guarantee institution are not creditors.