French General Code of Local Authorities
In forceThe municipalities, public establishments for inter-municipal cooperation and mixed syndicates that benefit from the competence provided for in article L. 2224-13 may introduce a fee for the removal of household waste calculated on the basis of the service provided if they provide at least the collection of household waste. When the communes provide at least the collection and have transferred the remainder of the responsibility for disposal to a public establishment for inter-communal cooperation with their own tax status, they may, by concurring deliberations with the latter, establish a partial repayment of the revenue from the charge for household waste removal to the benefit of the latter.
The public establishment for intercommunal cooperation resulting from the merger in application of article L. 5211-41-3 or the mixed syndicate resulting from the merger in application of article L. 5711-2 must take the deliberation relating to the household waste collection fee before 1st March of the sixth year following that of the merger.
If no decision is taken, the system applicable to household waste collection fees on the territory of the public establishments for inter-municipal cooperation or mixed syndicates that have been merged or on the territory of the municipalities included in the perimeter of the public establishment resulting from the merger is maintained for a period that may not exceed seven years. For the application of these provisions, the public establishment of inter-municipal cooperation or the mixed syndicate resulting from the merger collects the fee in place of the public establishments of inter-municipal cooperation or the mixed syndicates that were the subject of the merger.
The second and third paragraphs are also applicable in the event of a commune being attached to a public establishment of inter-municipal cooperation with its own tax status or in the event of a commune or a public establishment of inter-municipal cooperation with its own tax status joining a mixed syndicate.
By way of derogation from the preceding provisions, public establishments of inter-municipal cooperation with their own tax status having all the powers provided for in article L. 2224-13 and which belong, for the whole of this competence, to a mixed syndicate may decide:
- either to institute and collect the fee on their own behalf, setting the pricing arrangements themselves, in the event that the joint association has not instituted it before 1 July of a year to be applicable from the following year; where the mixed syndicate subsequently decides to introduce the fee or tax provided for in article 1520 of the General Tax Code, the decision taken by the syndicate does not apply to the territory of the public establishment for inter-municipal cooperation unless the latter withdraws its decision;
- or to collect the fee in place of the mixed syndicate, which would have introduced it for the entire syndicate perimeter.
In the event of the creation of a new commune, in the absence of a deliberation taken before 1st March of the year following that of the creation under the conditions provided for in I of article L. 2113-5-1, the system applicable to household waste collection fees on the territory of the communes participating in the creation of the new commune is maintained for a period which may not exceed five years from the year of its creation.
By way of derogation from the provisions of the first paragraph of this article, communes which belong, for the whole of the competence provided for in article L. 2224-13, to a public-private association may decide to introduce and collect the fee on their own behalf, setting the pricing arrangements themselves, in cases where the public-private association has not introduced the fee before 1 July of a given year to apply from the following year; where the mixed syndicate subsequently decides to institute the fee or tax provided for in article 1520 of the General Tax Code, the deliberation taken by the syndicate does not apply on the territory of the commune, unless the latter withdraws its deliberation.
The fee is introduced by the deliberative assembly of the local authority or public establishment, which sets the rate.
This rate may, due to the characteristics of the housing, include a fixed portion that does not exceed the non-proportional costs. This fixed portion may also include costs corresponding to a minimum number of liftings or a minimum volume of household and similar waste.
For vertical or single-family dwellings, this tariff may provide for an overall fee calculated on the basis of the number of residents or the mass of waste produced expressed in volume or weight. The legal or natural person responsible for managing the residence is then considered to be the user of the public service and proceeds to distribute the overall fee among the households.
It is collected by this local authority, this establishment or, by delegation of the deliberative assembly, by the concessionaire of the service.
As an exception to article L. 2333-79, when the communes transfer the collection of household waste to a conurbation community formed from a new conurbation syndicate that previously provided the rest of the competence provided for in article L. 2224-13, this conurbation community may institute, as appropriate, the household waste collection fee and the household waste collection tax on the territory of the communes where they were in force prior to the transfer of competence.
