Subsection 2: Merger

I. - Syndicats de communes and syndicats mixtes may be authorised to merge under the conditions set out in this article.

The draft perimeter of the proposed new syndicate may be set by order of the State representative in the department when the members are part of the same department, or by joint order of the State representatives in the departments concerned in the opposite case:

1° Either within two months of the first deliberation forwarded, at the initiative of one or more deliberating bodies of the members of the union or unions or of the deliberating body of the union or unions whose merger is envisaged;

2° Or at the initiative of the representative or representatives of the State in the department or departments, after receiving the opinion of the competent departmental commission or commissions for inter-communal cooperation. This opinion is deemed to be favourable if it has not been given within two months of the matter being referred to them;

3° Or at the initiative of the departmental inter-municipal cooperation commission(s).

This decree draws up a list of the unions concerned. The unions concerned are consulted on the draft perimeter and statutes. Their opinion is deemed favourable if it is not given within three months of notification of the draft decree.

The draft perimeter and statutes are also notified by the State representative in the department to the mayor of each commune or, where applicable, to the president of the deliberating body of each member of a syndicate whose merger is envisaged. The deliberative bodies of the members of the syndicates concerned have a period of three months in which to decide on the proposed perimeter and the statutes of the new syndicate.In the absence of a decision within this period, the decision is deemed to be favourable.

Proposals to modify the proposed perimeter adopted, in compliance with the objectives set out in I and II of article L. 5210-1-1 and the guidelines defined in III of the same article, by the departmental commission(s) for intercommunal cooperation by a majority of two-thirds of their members are incorporated into the decree of the representative(s) of the State in the department.

II. - The merger may be decided by decree of the representative(s) of the State in the department(s) concerned, after agreement of the deliberative bodies of the members of the syndicates on the decree drawing up the list of syndicates interested in the merger and on the statutes of the new syndicate. This agreement must be expressed by at least two-thirds of the deliberative bodies of the municipalities or public establishments for inter-municipal cooperation that are members of the syndicates included in the proposed perimeter representing more than half of their total population, or by at least half of the same deliberative bodies representing two-thirds of that population.

In the event that the proposed merger includes one or more of the mixed syndicates provided for in Article L. 5721-1, the agreement to the merger must be expressed by concurring deliberations of the deliberative bodies of the unions concerned and of their constituent members.

III. - The public establishment resulting from the merger constitutes by right either a syndicat de communes when it results from the exclusive merger of syndicats de communes or, otherwise, a syndicat provided for in Article L. 5711-1 or, depending on its composition, Article L. 5721-1.

The statutes determine which of the competences transferred to the existing syndicates are exercised by the new syndicate within its perimeter; the other competences are returned to the members of the syndicates.

All the assets, rights and obligations of the merged public establishments are transferred to the syndicate resulting from the merger.

When the merger involves the transfer of competences from the syndicates to the new syndicate, these transfers are carried out under the financial and asset conditions provided for in the fifth and sixth paragraphs of Article L. 5211-17.

The syndicate resulting from the merger is automatically substituted, for the exercise of its powers, within its perimeter, for the former syndicates in all their deliberations and all their acts.

Contracts are performed under the previous conditions until they expire, unless the parties agree otherwise. The co-contracting parties are informed of the substitution of legal entity by the syndicate resulting from the merger. The substitution of a legal entity in the contracts concluded by the unions does not give rise to any right to termination or compensation for the co-contractor.

The merger of unions is carried out free of charge and does not give rise to the payment of any indemnity, duty, tax, salary or fee.

All the staff of the merged unions are deemed to come under the jurisdiction of the union resulting from the merger under the conditions of status and employment that are its own. Employees shall retain, if they have an interest in doing so, the benefit of the compensation scheme that was applicable to them as well as, on an individual basis, the benefits acquired in application of the third paragraph of article 111 of law no. 84-53 of 26 January 1984 on statutory provisions relating to the local civil service.

IV. - The merger results in a new election of the delegates of the members of the new union to the council of the latter.

The term of office of the delegates in office before the merger of the unions is extended until the installation of the new deliberative body, no later than the Friday of the fourth week following the merger. The chairmanship of the union resulting from the merger is, on a transitional basis, held by the oldest of the chairmen of the unions having merged.

The powers of the assembly of delegates and of the chairman are limited to acts of conservatory and urgent administration.

Failing for a commune, a public establishment for inter-communal cooperation or any other member of one of the former syndicates to have designated its delegates, this member is represented, within the deliberative body of the new syndicate, either by the mayor or the president if this member has only one delegate, or, otherwise, by the mayor and the first deputy, or the president and a vice-president.