A collective retirement savings plan may be set up at the initiative of the company or in accordance with one of the procedures mentioned in article L. 3322-6. The plan may be set up without using the services of the institution mentioned in I of article 8 of order no. 2006-344 of 23 March 2006, when this plan is not offered in the territory of another Member State or in another State party to the agreement on the European Economic Area. In this case, the agreement setting up the plan specifies how the obligations mentioned in the last paragraph of I and the first and second paragraphs of II of this article are to be fulfilled.
If the company has at least one trade union delegate or a social and economic committee, the collective retirement savings plan is negotiated under the conditions set out in article L. 3322-6. If, at the end of the negotiations, no agreement has been reached, a statement of disagreement is drawn up in which the respective proposals of the parties and the measures that the employer intends to submit to the employees for ratification under the conditions provided for in 4° of the same article L. 3322-6 or to apply unilaterally are recorded in their final state.