If only one form of employee participation exists within the participating companies, this system shall be applied to the company resulting from the cross-border merger, taking into account, for its implementation, the proportion or, as the case may be, the highest number of members concerned by participation rights in the administrative or supervisory body. If several forms of employee participation exist within the participating companies, the special negotiating body shall determine which of these forms shall be introduced in the company resulting from the cross-border operation.