When a public establishment of inter-municipal cooperation with its own tax status already exercises, on behalf of the communes that make it up, the competencies set by the present code for another category of public establishments of inter-municipal cooperation with their own tax status, this establishment may be transformed, provided that it fulfils the conditions for creation, into a public establishment of this category by concordant deliberations of the deliberating body and the municipal councils of the member communes deciding under the conditions required for the creation of the public establishment of inter-municipal cooperation. The municipal council of each member municipality has a period of three months from notification to the mayor of the decision of the deliberative body of the public inter-municipal cooperation body to decide on the proposed transformation. If no decision is taken within this period, the decision is deemed to be favourable. Without prejudice to the provisions of article L. 5217-1, the transformation is then pronounced by decree of the State representative in the department when the communes belong to the same department and by joint decree of the State representatives in the departments concerned in the opposite case.
All of the assets, rights and obligations of the public establishment of inter-communal cooperation that has been transformed are transferred to the new public establishment, which is automatically substituted for the former establishment in all of the latter’s deliberations and acts on the date of the act from which the transformation stems. All the staff of the transformed establishment are deemed to come under the jurisdiction of the new establishment under the conditions of status and employment that apply to them.
The community councillors making up the deliberative body of the former establishment retain their mandate, for the remainder of its term, within the deliberative body of the new establishment.