By way of derogation from articles L. 5211-6 et L. 5211-6-1, between two general renewals of the municipal councils:
1° In the event of the creation of a public inter-municipal cooperation establishment with its own tax system, a merger between several public inter-municipal cooperation establishments, at least one of which has its own tax system, the extension of the perimeter of such an establishment by the integration of one or more communes or the modification of the territorial boundaries of a member commune, or the annulment by the administrative court of the distribution of Community Councillor seats, the number and distribution of Community Councillor seats shall be determined in accordance with the conditions laid down in Article L. 5211-6-1.
In communes whose municipal council is elected in accordance with the procedures set out in Chapter II of Title IV of Book I of the Electoral Code, community councillors are appointed in accordance with the Chapter III of Title V of the same Book I.
In communes whose municipal councils are elected in accordance with the procedures laid down in Chapter III of Title IV of the said Book I :
a) If the number of seats allocated to the municipality is greater than or equal to the number of community councillors elected on the occasion of the previous general renewal of the municipal council, the community councillors previously elected form part of the new deliberative body; where applicable, the additional seats are filled by election under the conditions set out in b;
b) If no community councillors were elected during the previous general renewal of the municipal council or if it is necessary to fill additional seats, the councillors concerned are elected by the municipal council from among its members and, where applicable, from among the arrondissement councillors in a single-round list election, without adding or deleting names and without changing the order of presentation, each list being composed alternately of one candidate of each sex. Seats are distributed between the lists on the basis of proportional representation using the highest average. If the number of candidates on a list is less than the number of seats allocated to it, the seat or seats not filled are allocated to the next highest average;
c) If the number of seats allocated to the municipality is less than the number of community councillors elected at the previous general renewal of the municipal council, the members of the new deliberative body are elected by the municipal council from among the outgoing community councillors in a single-round list election, without adding or deleting names and without changing the order of presentation. Seats are distributed between the lists on the basis of proportional representation using the highest average. If the number of candidates on a list is less than the number of seats to which it is entitled, the seat or seats not filled are allocated to the next highest average.
For the application of b and c, when a municipality has only one seat, the list of candidates for the seat of Community Councillor comprises two names. The second candidate on the list that has been elected becomes a substitute community councillor for the application of the last paragraph of article L. 5211-6.
The term of office of previously elected community councillors who are not members of the new deliberative body of the public intercommunal cooperation establishment with its own tax status ends as of the date of the first meeting of this new deliberative body.
In the event of vacancy, for whatever reason, of a seat of community councillor filled in application of b and c, a new election is held under the conditions provided for in b.
The finding, by the administrative court, of the ineligibility of one or more candidates for the deliberative body of the public establishment of intercommunal cooperation with its own tax system only entails the annulment of the election of the ineligible elected member or members. The court to which the matter is referred shall consequently declare the election of the next candidate or candidates in the order of the list;
1° bis In the event of a merger of public establishments of inter-municipal cooperation with their own tax status or an extension of the perimeter of a public establishment of inter-municipal cooperation with its own tax status, where the perimeter resulting from the merger or extension of the perimeter includes a new commune that was created after the last general renewal of the municipal councils and where the number of seats of community councillors allocated to it pursuant to article L. 5211-6-1 is less than the number of former communes that made up the new commune, a number of additional seats will be allocated to the new commune until the next renewal of the municipal councils, enabling it to ensure the representation of each of the former communes.
If, by application of the procedures provided for in the first paragraph of this 1° bis, the new commune obtains more than half of the seats in the deliberative body or obtains a number of seats greater than that of its municipal councillors, the procedures provided for, respectively, in 3° and 4° of IV of Article L. 5211-6-1 apply;
2° In the event of the withdrawal of one or more member municipalities of a public inter-municipal cooperation body with its own tax system, no new allocation of seats is made;
3° In the event of the creation of a new municipality in place of several member municipalities of the same public inter-municipal cooperation body with its own tax system, a number of seats equal to the sum of the seats previously held by each of the municipalities concerned is allocated to the new municipality. If, by applying these procedures, the new commune obtains more than half of the seats in the deliberative body, or if it obtains a number of seats greater than that of its municipal councillors, the procedures provided for respectively in 3° and 4° of IV of Article L. 5211-6-1 apply.
The community councillors representing the new commune are designated under the conditions provided for in 1° of this article;
4°Until the next general renewal of the municipal councils following the creation of the new commune, when the seat of a community councillor becomes vacant, it is filled under the conditions set out in b of 1° of this article, including in new communes with fewer than 1,000 inhabitants.