Subsection 3: Transfer of powers.

I. - When some of the communes of a syndicate of communes or a mixed syndicate form part of an urban community, through the creation of this community, through the merger of public establishments of inter-communal cooperation to form an urban community or through the conversion of a public establishment of inter-communal cooperation into an urban community, and this community is included in its entirety in the syndicate, this creation, merger or conversion is equivalent to the withdrawal from the syndicate of the communes that are members of the community for the competences referred to in I of Article L. 5215-20 that the syndicate exercises, with the exception of the competences whose exercise is organised by the last paragraph of this I. This withdrawal is carried out under the conditions set out in article L. 5211-25-1 and the third paragraph of Article L. 5211-19. In the absence of an agreement between the deliberative body of the syndicat and the municipal council concerned on the distribution of the assets or the proceeds of their realisation and the balance of the outstanding debt referred to in 2° of article L. 5211-25-1, this distribution is set by order of the representative(s) of the State in the department(s) concerned.

For the exercise of transferred powers other than those referred to in I of article L. 5215-20, the urban community is substituted within the syndicat for the municipalities that make it up. This provision does not alter the powers of the syndicat de communes, which becomes a syndicat mixte within the meaning of article L. 5711-1, or of the syndicat mixte concerned. Neither does it modify the perimeter within which this syndicate exercises its competencies.

For the exercise of the competency of conceding authority of the public distribution of electricity provided for in g of 5° of I of article L. 5215-20, the urban community is substituted within the syndicate for the communes that make it up. This substitution does not alter the powers of the syndicat de communes, which becomes a syndicat mixte within the meaning of article L. 5711-1, or of the syndicat mixte concerned. Nor does it change the perimeter within which this syndicate exercises its powers. The number of seats available to the delegates of the urban community within the committee of the syndicate is proportional to the relative share of the population of the municipalities for which the urban community is substituted for the exercise of this competence, without being able to exceed half of the total number of seats. The statutes of the unions concerned existing on the date of promulgation of Law no. 2014-58 of 27 January 2014 on the modernisation of territorial public action and the affirmation of metropolises must be brought into line with this paragraph within six months of the promulgation of the same law.

I bis. - (Repealed)

II. - When some of the communes of a syndicate of communes or of a mixed syndicate are associated with communes outside this syndicate in an urban community, by the creation of this community, by the merger of public establishments of inter-communal cooperation to form an urban community or by the transformation of a public establishment of inter-communal cooperation into an urban community, this creation, this merger or this transformation is equivalent to the withdrawal from the syndicate of the communes that are members of the community for the competences transferred and under the conditions provided for in the first paragraph of I. It replaces the municipalities with the urban community for the competences transferred and under the conditions laid down in the last two subparagraphs of the same paragraph.

III. - When the perimeter of an urban community is extended by the addition of one or more communes that are members of one or more syndicates of communes or mixed syndicates, this extension constitutes the withdrawal of the communes from the syndicates or the substitution of the urban community for the communes within the syndicates in the cases and under the conditions provided for in I and II.

When the competences of an urban community are extended, in accordance with Article L. 5211-17, to competences previously delegated by all or some of the communes that make it up to one or more syndicats de communes or syndicats mixtes, the urban community is substituted for these communes within the syndicate or syndicates under the conditions referred to in the second paragraph of I.

IV. - By way of derogation from I, II and III of this article, when a syndicate exercising a competence in the area of water or sanitation brings together municipalities belonging to at least three public establishments of inter-municipal cooperation with their own tax status on the date of transfer of this competence to the urban community, the urban community is substituted, within the syndicate, for the municipalities that make it up, under the conditions provided for in the second paragraph of I. However, after obtaining the opinion of the departmental commission for inter-communal cooperation, the State representative may authorise the urban community to withdraw from the syndicate on 1st January of the year following the date of transfer of responsibility, under the conditions provided for in the first paragraph of the same I.

IV bis.-.By way of derogation from I, II and III of this article, for the competence in terms of aquatic environment management and flood prevention mentioned in article L. 211-7 of the Environment Code, when some of the communes of a syndicate of communes or a mixed syndicate are part of an urban community whose perimeter is totally or partially included in the perimeter of this syndicate, the urban community is substituted within the syndicate for the communes that make it up, under the conditions provided for in the second paragraph of I of this article.

V. - This article also applies when a public establishment for inter-municipal cooperation merged to form the urban community was a member of a mixed syndicate.