Section 4: Powers

I. - When some of the communes of a syndicat de communes or a syndicat mixte form part of a communauté d'agglomération, by the creation of this communauté, by the merger of public establishments of inter-municipal cooperation to form a communauté d'agglomération or by the transformation of a public establishment of inter-municipal cooperation into a communauté d'agglomération, and this community is included in its entirety in the syndicate, this creation, merger or transformation is equivalent to the withdrawal from the syndicate of the communes that are members of the community for the competences referred to in I and II of article L. 5216-5 that the syndicate exercises. This withdrawal is carried out under the conditions laid down in article L. 5211-25-1 and in 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 that are not covered by I and II of article L. 5216-5, the agglomeration community is substituted within the syndicate 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. Nor does it alter the perimeter within which this syndicate exercises its powers.

I bis. - (Repealed)

II. - When some of the communes of a syndicat de communes or of a syndicat mixte are associated with communes outside this syndicat in a communauté d'agglomération, by the creation of this communauté, by the merger of établissements publics de coopération intercommunale to form a communauté d'agglomération or by the transformation of an établissement public de coopération intercommunale into a communauté d'agglomération, this creation, merger or transformation is equivalent to the withdrawal from the syndicat of the communes that are members of the communauté d'agglomération for the competences transferred and under the conditions provided for in the first paragraph of I. It replaces the communes with the agglomeration community for the powers transferred and under the conditions laid down in the second paragraph of the same paragraph.

III. - When the perimeter of a conurbation 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 is equivalent to the withdrawal of the communes from the syndicates or the substitution of the conurbation community for the communes within the syndicates in the cases and conditions provided for in I and II.

When the competences of a conurbation 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 syndicates of communes or mixed syndicates, the agglomeration 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 jurisdiction over water or wastewater treatment or urban rainwater management includes municipalities belonging to public establishments for inter-municipal cooperation with their own tax status on the date of transfer of this jurisdiction to the agglomeration community, the agglomeration 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 agglomeration community to withdraw from the syndicate on 1st January of the year following the date of transfer of responsibility, under the conditions set out 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 aquatic environment management and flood prevention mentioned in article L. 211-7 of the Environment Code, when some of the communes of a syndicat de communes or of a syndicat mixte are part of a communauté d'agglomération whose perimeter is totally or partially included in the perimeter of this syndicat, the communauté d'agglomération is substituted within the syndicat for the communes that make it up, under the conditions set out in the second paragraph of I of this article.

V. - This article also applies where a public establishment for intercommunal cooperation merged to form the conurbation community was a member of a mixed syndicate.