French General Code of Local Authorities
In forceA mixed syndicate may be formed by agreement between interregional institutions of common utility, regions, interdepartmental agreements or institutions, départements, the Lyon metropolitan area, public establishments for inter-municipal cooperation, communes, mixed syndicates defined in article L. 5711-1 or article L. 5711-4, territorial chambers of commerce and industry, agriculture, trades and other public establishments, with a view to works or services of benefit to each of these legal entities.
The mixed syndicate must include at least one local authority or a group of such authorities.
When the mixed syndicate that joins another mixed syndicate transfers to it all of the competences that it exercises, the membership of the mixed syndicate results in its dissolution under the conditions provided for in the third to ninth paragraphs of article L. 5711-4.
The distribution of seats on the syndicate committee between the local authorities and public establishments that are members of the mixed syndicate is set by the statutes. In the absence of specific provisions in the Articles of Association, the number of seats allocated to the public establishments for inter-municipal cooperation which replace all or some of their member municipalities within the joint association pursuant to articles L. 5214-21, L. 5215-22 and L. 5216-7 is equal to the number of seats that the communes had before the substitution. The functions of delegate are carried out on a voluntary basis.
For the election of delegates from the communes, departments and regions to the committee of the joint association, the choice of the deliberating body may relate solely to one of its members.
For the election of delegates of public establishments of inter-communal cooperation and delegates of mixed syndicates to the committee of the mixed syndicate, the choice of the deliberating body may relate to one of its members or to any municipal councillor of a member commune.
The provisions of the fourth paragraph of article L. 5211-9 are applicable to mixed syndicates.
The president of the mixed syndicate is elected by the syndicate committee or, if the statutes so provide, by the bureau it has constituted.
The creation of the mixed syndicate may be authorised by order of the representative of the State in the department in which the syndicate has its headquarters.
The authorisation decision approves the operating procedures of the mixed syndicate.
When a public establishment for inter-municipal cooperation with its own tax status with a population of more than 400,000 inhabitants or the Lyon metropolitan area has transferred its responsibility for organising mobility to a mixed syndicate, its representation in respect of this responsibility is at least equal to the majority of the seats making up the syndicate committee. The statutes of mixed syndicates existing on the date of promulgation of law no. 2006-10 of 5 January 2006 relating to the safety and development of transport must be brought into compliance with this provision within six months of the publication of the same law. The other members of the syndicate may be authorised by the representative of the State in the département to withdraw during this period.
