Section 4: Powers.

I. - The communauté de communes automatically exercises, in place of the member communes, the competences falling within each of the following groups:

1° Spatial planning for the implementation of actions of community interest; territorial coherence plan and sectoral plan; local town planning plan, town planning document in lieu thereof and communal map;

2° Economic development actions under the conditions set out in article L. 4251-17 ; creation, development, maintenance and management of industrial, commercial, tertiary, craft, tourist, port or airport activity zones; local commercial policy and support for commercial activities of community interest; promotion of tourism, including the creation of tourist offices without prejudice to the promotion of tourism, which is a competence shared, within the meaning of article L. 1111-4, with the member municipalities of the public establishment for intercommunal cooperation with its own tax status;

3° Management of aquatic environments and flood prevention, under the conditions provided for in article L. 211-7 of the Environment Code;

4° Creation, development, maintenance and management of reception areas for Travellers and family rental sites defined in 1° to 3° of II of article 1 of law no. 2000-614 of 5 July 2000 relating to the reception and housing of Travellers ;

5° Collection and treatment of household waste and similar waste;

By way of derogation from 2° of this I, tourist municipalities set up as classified tourist resorts pursuant to articles L. 133-13 and L. 151-3 of the Tourism Code may decide, by deliberation and after receiving the opinion of the deliberating body of the communauté de communes, to retain or regain the exercise of the "promotion of tourism, including the creation of tourist offices" competence. The deliberative body of the public establishment for inter-communal cooperation must give its opinion within three months of the matter being referred to it by the commune concerned. Failing this, the opinion is deemed to have been given. The communauté de communes retains, concurrently with the said commune and on the territory of the latter, the exercise of this same competence, with the exception of the creation of tourist offices.
In the event of loss of classification as a tourist resort, the deliberation of the municipal council by which the commune decided to retain or regain the "promotion of tourism, including the creation of tourist offices" competence ceases to have effect and the competence is exercised in its entirety by the communauté de communes in place of the commune. In the event that the "tourist commune" designation is lost, the competence is fully exercised by the communauté de communes in place of the commune.

6° Wastewater treatment, under the conditions provided for in Article L. 2224-8, without prejudice to Article 1 of Law No. 2018-702 of 3 August 2018 on the implementation of the transfer of water and sanitation competences to the communities of communes;

7° Water, without prejudice to Article 1 of Act No. 2018-702 of 3 August 2018 on the implementation of the transfer of water and sanitation competences to the communities of communes.

The community of communes may delegate, by agreement, all or part of the competences mentioned in 6° and 7° of this I as well as the competence relating to urban rainwater management defined in Article L. 2226-1 to one of its member communes.
The delegation provided for in the ninth paragraph of this I may also be made to a syndicate mentioned in article L. 5212-1, existing on 1st January 2019 and included in its entirety within the perimeter of the communauté de communes.

When a commune requests to benefit from a delegation in application of the ninth paragraph of this I, the council of the communauté de communes decides on this request within a period of three months and gives reasons for any refusal.

II.-The communauté de communes may also exercise, in place of the communes, for the purpose of carrying out actions of community interest, the competences falling within the following groups:

1° Protection and enhancement of the environment, where applicable within the framework of departmental schemes and support for actions to control energy demand;

2° Housing and living environment policy;

2° bis In terms of town policy: drawing up a diagnosis of the area and defining the guidelines for the city contract; leading and coordinating contractual arrangements for urban development, local development and economic and social integration, as well as local arrangements for crime prevention; action programmes defined in the city contract;

3° Creation, development and maintenance of roads;

When the community of communes exercises the competence "creation, development and maintenance of community roads" and its territory is covered by a mobility plan, the circulation of a segregated-lane public transport service entails the community interest of the public roads supporting this traffic and the pavements adjacent to these roads. However, the council of the communauté de communes ruling under the conditions provided for in IV of this article may, on certain portions of adjacent pavements, decide to limit the community interest to facilities assigned to the public transport service only;

4° Construction, maintenance and operation of cultural and sports facilities of community interest and pre-elementary and elementary education facilities of community interest;

5° Social action of community interest.

When the communauté de communes exercises this competence, it may entrust responsibility for it, in whole or in part, to an intercommunal centre for social action constituted under the conditions set out in article L. 123-4-1 of the Code de l'action sociale et des familles.

6° and 7° (Repealed);

8° Participation in a France Services agreement and definition of the related public service obligations pursuant to article 27-2 of Law no. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations.

III. - The definition of the competences transferred within each of the groups is set by the qualified majority required for the creation of the community.

IV. - When the exercise of the competences mentioned in I and II is subject to recognition of their community interest, this interest is determined by the council of the communauté de communes by a two-thirds majority of the votes cast.

It is defined at the latest two years after the entry into force of the decree pronouncing the transfer of competence. Failing this, the communauté de communes shall exercise the transferred competence in full.

V. - In order to finance the construction or operation of a facility, assistance funds may be paid between the communauté de communes and the member communes following concordant agreements expressed by a simple majority of the communauté council and the municipal councils concerned.

The total amount of the fonds de concours may not exceed the share of the financing provided, excluding subsidies, by the beneficiary of the fonds de concours.

VI. - The community of communes, where it has competence in this area, may exercise the urban right of pre-emption within the perimeters set, after concordant deliberation by the commune or communes concerned, by the community council for the implementation of the community policy of social balance of housing.

VII. - By agreement with the department, a community of communes may directly exercise all or part of the competencies which, in the area of social action, are attributed to the department by virtue of articles L. 121-1 and L. 121-2 of the Code of Social Action and Families.

The agreement specifies the scope and financial terms of the delegation of responsibility, as well as the conditions under which the corresponding departmental services are made available to the communauté de communes.