In the event of a project to create a new commune resulting from the merger of all the member communes of one or more public establishments for inter-communal cooperation with their own tax status, the municipal councils concerned may, by deliberation as provided for in Article L. 2113-2, request that the future new commune, without belonging to a public establishment of inter-communal cooperation with its own tax status, has the same prerogatives and is subject to the same obligations as those that the law attributes or assigns directly to such an establishment.
The creation of the new commune may only be decided by decree of the State representative in the department concerned if the request mentioned in the first paragraph of this article is made by at least two thirds of the municipal councils of the member communes of the same public inter-communal cooperation establishment(s) with its own tax status, representing more than two thirds of the total population.
Alternatively, the municipal councils concerned may, by the deliberation provided for in article L. 2113-2, designate the public inter-municipal cooperation establishment with its own tax system to which they wish the future new commune to be attached.
If half of the municipal councils of the communes included in the perimeter of the new commune, representing at least half of its population, have deliberated in favour of attachment to the same public inter-communal cooperation establishment with its own tax status, the State representative in the department may implement the attachment when the new commune is created, after agreement from the deliberative body of the proposed attachment establishment and after consultation with the communes that are members. In the absence of a decision within a period of three months, the opinions of the proposed merging body and its member communes are deemed to be favourable.
In the absence of a decision fulfilling the conditions laid down in the fourth paragraph of this article, in the event of disagreement by the State representative in the department with the wishes expressed by the constituent communes of the future new commune or disagreement expressed by the deliberative body of the proposed incorporating establishment, the State representative in the department defines, by decree, a plan for incorporating the new commune into a public inter-communal cooperation establishment with its own tax system.
This project is notified to the president of this public establishment, to the mayor of each member commune of this public establishment and to the mayor of each constituent commune of the future new commune by the representative of the State in the department, when the communes are part of the same department, or by the representatives of the State in the departments concerned, in the opposite case. The interested parties have a period of three months from notification to formulate an opinion on this decree. If they fail to do so within this period, their opinion is deemed to be favourable.
The State representative in the department concerned notifies the competent departmental commission for inter-communal cooperation of the proposed attachment, together with the opinions of the communes and the public establishment for inter-communal cooperation with its own tax status. When the project involves municipalities in different départements, the commissions concerned meet in an interdepartmental formation. In the absence of a decision within one month of notification, the commission’s opinion is deemed to be favourable.
The proposal of the representative of the State in the department is implemented in the decree creating the new commune, unless the departmental commission for inter-communal cooperation decides, by a majority of two-thirds of its members, in favour of a plan to attach the commune to another public inter-communal cooperation body with its own tax status bordering the future new commune. In the latter case, the representative of the State in the département implements the attachment project proposed by the commission départementale de la coopération intercommunale in the arrêté de création de la commune nouvelle.