Section 1: General rules

In addition to the powers transferred, a public establishment for inter-municipal cooperation with its own tax status, one or more of its member municipalities and, where applicable, one or more of the public establishments attached to one or more of them, may set up joint services, responsible for carrying out functional or operational tasks, including the examination of decisions taken by mayors on behalf of the municipality or the State, with the exception of the tasks mentioned in article 23 of law no. 84-53 of 26 January 1984 on statutory provisions relating to the local civil service for municipalities and public establishments that must be affiliated to a management centre in application of articles 15 and 16 of the same law.

The effects of these poolings are regulated by agreement after drawing up an impact statement describing in particular the effects on the organisation and working conditions, remuneration and acquired rights for staff. The impact statement is attached to the agreement. The agreements reached are appended to the agreement. The agreement and its appendices are submitted for the opinion of the relevant local social committee(s). For public establishments subject to the tax regime provided for in article 1609 nonies C of the General Tax Code, these effects may also be taken into account by deducting them from the compensation allocation provided for in the same article. In this case, the calculation of the fiscal integration coefficient set out in article L. 5211-29 of this code takes this deduction into account.

Common services are managed by the public establishment of intercommunal cooperation with its own tax status. By way of derogation, a joint service may be managed by the commune chosen by the deliberative body of the public establishment.

Civil servants and non-tenured agents who fulfil their duties in full in a pooled service or part of a pooled service are transferred ipso jure to the public establishment for intercommunal cooperation with its own tax status or to the commune in charge of the joint service. Civil servants and non-tenured agents who perform part of their duties in a pooled service or part of a pooled service are automatically made available, without time limit, on an individual basis, to the public inter-municipal cooperation establishment with its own tax system or to the commune in charge of the pooled service for the working time devoted to the pooled service.

The agreement provided for in this article determines the number of civil servants and non-tenured territorial agents transferred by the communes.

Depending on the mission performed, the staff of the joint services are placed under the functional authority of the mayor or under that of the president of the public establishment for inter-communal cooperation with its own tax status.

The mayor or the president of the public establishment may, by decree, under his supervision and responsibility, delegate signature to the head of the joint service for the performance of the missions entrusted to him.