Article 9
Subject to the limits laid down in Article 59(4) of Regulation (EC) No 1435/2003, the employees of the SCE and/or their representatives will be entitled to participate in the general meeting or, if it exists, in the section or sectorial meeting, with the right to vote, in the following circumstances: 1. when the parties so decide in the agreement referred to in Article 4, or 2. when a cooperative governed by such a system transforms itself into an SCE, or 3. when, in the case of an SCE established by means other than transformation, a participating cooperative was governed by such a system and: (i) the parties cannot reach agreement, as referred to in Article 4, by the deadline laid down in Article 5; and (ii) Article 7(1)(b) and Part 3 of the Annex apply; and (iii) the participating cooperative governed by such a system has the highest proportion of participation, within the meaning of Article 2(k), in force in the participating cooperatives concerned before registration of the SCE. SECTION V MISCELLANEOUS PROVISIONS