Where only certain legal entities or natural persons, subsidiaries and establishments have a representative or an elected member, the members of the special negotiating body are :
1° Either designated in accordance with the procedures defined in articles D. 2362-6 et seq;
2° Or elected in accordance with the provisions of article D. 2362-11.
The respective numbers of members appointed and elected to fill the seats due to France on the special negotiating body are determined according to the proportion of the combined workforce of legal entities and natural persons, subsidiaries and establishments with or without a representative or elected member in the total workforce of legal entities or natural persons, subsidiaries and establishments located in France. This determination is made according to the system of proportional representation with the highest remainder.