French General Code of Local Authorities
In forceI. - The new communes mentioned in article L. 2113-1 benefit from the flat-rate allocation provided for in articles L. 2334-7 to L. 2334-12.
II. - In the first year of the creation of the new commune, its lump-sum allocation is equal to the sum of the lump-sum allocations paid to the old communes in the year preceding the merger, plus or minus the product of the difference between the population of the new commune and the populations of the old communes in the previous year by an amount of between €64.46 and €128.93 per inhabitant depending on the increasing population of the new commune. This allocation is calculated under the conditions provided for in III of Article L. 2334-7.
During the first three years following their creation, new communes whose creation order was issued between 2 January 2019 and 1 January 2020 grouping together a population less than or equal to 150,000 inhabitants receive an allocation under the flat-rate allocation provided for in the same Article L. 2334-7 at least equal to the sum of the allocations received by each of the former communes in the year preceding the creation of the new commune.
During the three years following their creation, new communes for which the order of creation has been issued as of the next general renewal of municipal councils following the promulgation of Law no. 2019-1479 of 28 December 2019 on finance for 2020 of municipal councils with a population less than or equal to 150,000 inhabitants will receive an allocation in respect of the lump-sum grant provided for in Article L. 2334-7 at least equal to the sum of the allocations received by each of the former communes in the year prior to the creation of the new commune.
By way of derogation, a new commune grouping a population of less than or equal to 150,000 inhabitants bringing together all the communes that are members of one or more own-tax public inter-communal cooperation establishments and that does not belong to an own-tax public inter-communal cooperation establishment receives, during the first three years following its creation, an allocation in respect of the lump-sum allocation provided for in the same Article L. 2334-7 at least equal to the sum of the lump-sum allocations received by each of the former communes in the year prior to the creation of the new commune and the amounts of the compensation allocation provided for in Article L. 5211-28-1 received by the public inter-communal cooperation establishment(s) with its own tax status in the year prior to the creation of the new commune.
II bis. - During the first three years following their creation, new communes for which the decree of creation was issued between 2 January 2019 and 1 January 2020 grouping together a population less than or equal to 30,000 inhabitants also benefit from a 5% increase in their flat-rate allocation calculated from the first year under the conditions provided for in I and II of this article.
III. - During the first three years following 1 January of the year of their creation, new municipalities whose creation order was issued between 2 January 2019 and 1 January 2020 grouping together all the municipalities that are members of one or more public establishments for inter-municipal cooperation with their own tax status whose overall population is less than or equal to 150,000 inhabitants receive a "compensation" portion at least equal to the sum of the amounts of the compensation allowance provided for in the same article L. 5211-28-1 and received by the public inter-municipal cooperation establishment(s) with their own tax status in the year preceding the creation of the new commune.
IV. - During the first three years following their creation, new communes for which the decree of creation was issued between 2 January 2019 and 1 January 2020 grouping together all the communes that are members of one or more public establishments of inter-communal cooperation with their own tax status whose overall population is less than or equal to 150,000 inhabitants receive a consolidation grant at least equal to the sum of the amounts of the inter-communal grant received by the public establishment(s) of inter-communal cooperation the year preceding the creation of the new commune.
As of the next general renewal of municipal councils following the promulgation of Law no. 2019-1479 of 28 December 2019 on finance for 2020, new communes bringing together all communes that are members of one or more public establishments of inter-municipal cooperation with their own tax status and that do not belong to a public establishment of inter-municipal cooperation with their own tax status will receive, in the first year following their creation, an inter-municipal skills grant equal to the sum of the amounts of the inter-municipal grant received by the public inter-municipal cooperation establishment(s) in the year preceding the creation of the new commune. In subsequent years, these new communes receive a per capita inter-communal skills grant equal to the per capita grant received the previous year. The amount of the allocation is financed by the reductions provided for in article L. 2334-7-1 of the present code.
V. - For the application of this article, the new communes bringing together all the communes that are members of one or more public establishments of inter-communal cooperation with their own tax status are those that bring together all the communes that are members of these establishments within the perimeter that was theirs on 1st January of the year preceding the year of distribution.
