Section 1: Creation procedure

I. - In the event of the creation of a new commune grouping together all the communes that are members of one or more public establishments of inter-communal cooperation with its own tax status, the decree creating the said new commune also entails the abolition of the public establishment of inter-communal cooperation with its own tax status of which the communes concerned were members.

All the assets, rights and obligations of the abolished public establishment(s) of inter-communal cooperation with its own tax status and of the communes from which the new commune is formed are transferred to the latter.

The creation of the new commune entails its substitution in all deliberations and in all acts taken by the abolished public inter-municipal cooperation establishment(s) with their own tax status and by the communes that were members.

Contracts are executed under the previous conditions until their expiry, unless otherwise agreed by the parties. The co-contractors are informed of the substitution of legal entity by the new commune. The substitution of a legal entity in the contracts concluded by the abolished public inter-municipal cooperation establishment(s) with their own tax status and the communes does not entail any right to termination or compensation for the co-contractor.

All the personnel of the abolished public inter-municipal cooperation establishment(s) with their own tax status and of the communes from which the new commune is formed is deemed to come under the new commune in its own conditions of status and employment. Article L. 5111-7 is applicable.

The new commune is substituted for the suppressed public inter-municipal cooperation establishment(s) and the communes from which it is formed in the unions of which they were members.

II. - When the new commune is formed from contiguous communes that are members of separate public inter-municipal cooperation establishments with their own tax status and at least half of the municipal councils of the communes included in the perimeter of the new commune, representing at least half of its population, have deliberated in favour of its attachment to the same public inter-municipal cooperation establishment with its own tax status, the State representative in the department refers the matter for an opinion to the deliberating body of the public inter-municipal cooperation establishment with its own tax status in favour of which the constituent communes of the new commune have deliberated, the deliberating bodies of the other public inter-municipal cooperation establishments with their own tax status of which the constituent communes of the new commune are members, as well as the municipal councils of the communes that are members of these establishments, which have a period of one month to give their opinion on the proposed attachment.

In the absence of a wish to join under the majority conditions provided for in the first paragraph of this II, or in the event of disagreement with the wish expressed by the constituent communes of the new commune, the representative of the State in the department refers the matter to the departmental commission for inter-communal cooperation, within a period of one month from the last deliberation made in application of article L. 2113-2 or, where applicable, of the expiry of the three-month period provided for in the seventh and eighth paragraphs of the same Article L. 2113-2, of a proposal to attach the new commune to another public inter-municipal cooperation establishment with its own tax status. This proposal is submitted for an opinion by the State representative in the department to the deliberative body of the establishment to which the attachment is envisaged, to the deliberative bodies of the other establishments of which the constituent communes of the new commune are members, and to the municipal councils of the communes that are members of these establishments, which have a period of one month in which to give their opinion.

If the municipal councils of the communes making up the new commune do not agree with the choice of attachment, the public establishments for inter-municipal cooperation with their own tax status concerned or their member communes may also, within a period of two months from the last decision taken in application of the said article L. 2113-2 or, where applicable, of the expiry of the three-month period provided for in the seventh and eighth paragraphs of the same Article L. 2113-2, refer the matter to the departmental commission for inter-municipal cooperation.

In the event of a referral to the departmental commission for inter-municipal cooperation, the latter has a period of one month to reach a decision.

When this referral has been made at the initiative of the representative of the State in the department and, where applicable, the public establishments for inter-municipal cooperation with their own tax status concerned or their member communes, the new commune does not become a member of the establishment proposed by the municipal councils of the communes making up the new commune unless the departmental commission decides to do so by a two-thirds majority of its members. Failing this, it becomes a member of the establishment proposed by the State representative in the department.

When this referral has been made at the initiative of the public establishments of inter-municipal cooperation with their own tax status concerned or their member communes, the commission may adopt, by a two-thirds majority of its members, a proposal to attach the new commune to a public establishment of inter-municipal cooperation with its own tax status other than the one in favour of which its constituent communes have deliberated.

This proposal is submitted for an opinion by the State representative in the department to the deliberative body of the establishment to which the departmental commission proposes that the new commune be attached, to the deliberative bodies of the other establishments of which the constituent communes of the new commune are members, and to the municipal councils of the communes that are members of these establishments, which have a period of one month in which to give their opinion. Failing this, they are deemed to be in favour of the attachment proposal formulated by the departmental commission.

The new commune is only attached to the establishment proposed by the departmental commission if the establishment concerned and at least half of its member communes, representing half of its population, have deliberated in favour of this attachment.

In the absence of a proposal adopted by the departmental commission by a majority of two-thirds of its members, or in the absence of agreement by the establishment concerned and half of its member communes representing half of its population, the new commune becomes a member of the public establishment of inter-communal cooperation with its own tax status proposed by the municipal councils of the constituent communes of the new commune.

The decree creating the new commune mentions the public establishment of inter-communal cooperation with its own tax status of which it is a member. The withdrawal of its constituent communes from the other public inter-municipal cooperation establishment(s) with its own tax status is carried out under the conditions provided for in article L. 5211-25-1. It constitutes a reduction in the perimeter of the mixed syndicates of which the aforementioned public establishment(s) is/are a member, under the conditions set out in the third paragraph of Article L. 5211-19.

By way of derogation from this II, for the calculation of the global operating allowance and the equalisation funds, the new commune formed from contiguous communes that are members of separate public establishments for intercommunal cooperation with their own tax status is considered as not belonging to any grouping with its own tax status in the absence of a decision by the representative of the State in the department to attach it to a single public establishment for intercommunal cooperation with its own tax status on 1st January of the year of distribution.

III. - By way of derogation from II, if one of the contiguous communes from which the new commune is formed is a member of an urban community or a metropolis, an order by the representative of the State in the département declares the attachment of the new commune to this urban community or this metropolis. Until the entry into force of this decree, by way of derogation from article L. 5210-2, the new commune remains a member of each of the public establishments for intercommunal cooperation to which the communes belonged within the limit of the territory of the latter. Until the entry into force of this decree, the community councillors representing the former communes in office on the date of the creation of the new commune remain members of the deliberative body of the public establishment and the tax rates voted by the public establishments of inter-municipal cooperation with their own tax status to which the former communes belonged continue to apply to the territory of the latter.

The withdrawal of the other public establishment(s) of inter-municipal cooperation with their own tax status is carried out under the conditions provided for in article L. 5211-25-1. It is equivalent to a reduction in the perimeter of the mixed syndicates of which the aforementioned public establishment(s) is/are a member, under the conditions set out in the third paragraph of article L. 5211-19.

IV. - The order of the representative of the State in the département pronouncing the creation of the new commune may provide for a new devolution of all or part of the assets or rights distinct from those of the new commune, including the available surplus.

V. - The creation of the new commune is carried out free of charge and does not give rise to the payment of any compensation, duty, tax, salary or fee.