I. – A. – Without prejudice to article L. 2212-2, of the present code and by derogation from article L. 1311-2 and the second paragraph of article L. 1331-1 of the public health code when a public inter-communal cooperation establishment with its own tax authority is competent in the area of sanitation, the mayors of the communes that are members of the latter transfer to the president of this establishment the powers enabling him to regulate this activity.
Without prejudice to article L. 2212-2 and by derogation to article L. 2224-16, when a grouping of authorities is competent in the area of household waste collection, the mayors of the communes that are members of the grouping or that are members of a public inter-communal cooperation establishment with its own tax status that is a member of the grouping of authorities transfer to the president of this grouping the powers that enable it to regulate this activity.
Notwithstanding article 9 of law no. 2000-614 of 5 July 2000 relating to the reception and housing of Travellers, when a public establishment for inter-municipal cooperation with its own tax authority is responsible for creating reception areas or stopping places for Travellers, the mayors of the municipalities belonging to this establishment transfer their powers in this area to the president of this establishment.
Notwithstanding article L. 2212-2 and notwithstanding articles L. 2213-1 to L. 2213-6-1, when a public establishment for inter-communal cooperation with its own tax authority is competent in matters of roads, the mayors of the member municipalities transfer their prerogatives in matters of traffic and parking policing to the president of this establishment.
Without prejudice to article L. 2212-2 and notwithstanding article L. 2213-33, when an inter-communal public cooperation establishment with its own tax authority has jurisdiction over roads, the mayors of the member municipalities transfer to the president of this establishment the prerogatives they hold with regard to issuing parking permits on the public highway to taxi operators. The parking permit may be limited to one or more member municipalities.
Without prejudice to article L. 2212-2 of the present code, the mayors of the member municipalities of a public inter-municipal cooperation establishment with its own tax authority competent in housing matters transfer to the president of this establishment the prerogatives they hold pursuant to article L. 184-1 of the construction and housing code and chapter I of title I of book V of the same code.
B. – The mayors of the communes that are members of a public establishment for inter-communal cooperation with its own tax authority may transfer to the president of this establishment the prerogatives they hold pursuant to article 23 of law no. 95-73 of 21 January 1995 relating to security to ensure the security of cultural and sporting events organised in community establishments.
Without prejudice to article L. 2212-2 and by way of derogation from the provisions of article L. 2213-32, when a public establishment for inter-communal cooperation with its own tax authority is responsible for external fire defence, the mayors of the communes that are members of this establishment may transfer powers to the president of this establishment enabling him to regulate this activity.
Without prejudice to article L. 2212-2 and by way of derogation from article L. 2213-32, when a group of local authorities is responsible for external fire defence, the mayors of the municipalities that are members of this group or that are members of a public establishment for inter-municipal cooperation with its own tax status that is a member of the group of local authorities may transfer powers to the president of the latter, enabling him to regulate the activity of external fire defence.
Without prejudice to article L. 2212-2, when a grouping of local authorities has jurisdiction over the collection of household waste, the mayors of the communes that are members of the grouping or that are members of a public establishment for inter-communal cooperation with its own tax status that is a member of the grouping of local authorities may transfer to the chairman of the grouping the prerogatives that they hold pursuant to article L. 541-3 of the Environment Code.
Without prejudice to article L. 2212-2 of the present code, when a public establishment for inter-communal cooperation with its own tax status is competent in matters of environmental protection and enhancement, the mayors of the communes that are members of the said establishment may transfer to the president of this establishment the prerogatives that they hold pursuant to article L. 360-1 of the Environmental Code.
C. – Without prejudice to article L. 2212-2 and by way of derogation from the fourth paragraph of A of I of this article, the mayors of the communes that are members of a public establishment for inter-communal cooperation with their own tax status located in the conurbations or in the zones mentioned in the first or third paragraphs of I of article L. 2213-4-1 or concerned by the excesses mentioned in the second paragraph of the same I transfer to the president of this public establishment the powers and prerogatives that they hold pursuant to the same article L. 2213-4-1.
Within six months of the date on which the powers were transferred to the establishment or grouping, if at least half of the mayors of the member municipalities are opposed to the transfer or if the mayors opposed to the transfer represent at least half of the population of the establishment or grouping, the transfer is terminated for all the municipalities in the establishment or grouping.
To this end, the mayors notify the president of the establishment or grouping of the transfer of the powers and prerogatives that they hold pursuant to the same article L 2213-4-1.
To this end, the mayors notify their opposition to the president of the public inter-municipal cooperation establishment or grouping of territorial authorities. The transfer is terminated on the first day of the seventh month following the date on which the powers were transferred.
II. – When the president of the public establishment for inter-municipal cooperation issues a police order in the cases provided for in I of this article, he sends it to the mayors of the municipalities concerned for information as soon as possible. On the date of transfer of the powers mentioned in I, the president of the public establishment for inter-municipal cooperation replaces the mayors concerned in all acts relating to the powers transferred.
III. – Within six months of the date on which the powers mentioned in A of I have been transferred to the establishment or grouping, one or more mayors may object, in each of these areas, to the transfer of police powers. To this end, they shall notify their opposition to the president of the public establishment for inter-municipal cooperation or of the grouping of territorial authorities. The transfer is then terminated for those municipalities whose mayors have notified their opposition.
Within six months of the date of election of the president of the public establishment for inter-municipal cooperation or of the grouping of territorial communities, if the latter’s predecessor exercised one of the police powers mentioned in A of I in a municipality, the mayor of that municipality may object to the renewal of the transfer of that power. Notification of this opposition to the president of the public establishment of inter-municipal cooperation or the grouping of territorial communities puts an end to the transfer.
Within six months of the date of election of the president of the public establishment of inter-municipal cooperation or the grouping of territorial communities, if the latter’s predecessor did not exercise in a municipality one of the police powers mentioned in A of I, the mayor of this municipality may oppose the transfer of this power. The mayor shall notify the president of the public establishment for inter-municipal cooperation or of the grouping of territorial authorities of his opposition. Failing this, the transfer becomes effective on expiry of this period or, where applicable, of the period provided for in the first sentence of the fourth paragraph of this III.
If one or more mayors of the municipalities concerned have opposed the transfer of their police powers, the president of the public establishment for inter-municipal cooperation or of the grouping of territorial communities may, from the first notification of the opposition and until the expiry of a period of one month from the end of the period during which the mayors were likely to express their opposition, waive, in each of the areas mentioned in A of I, that the special police powers of the mayors of the member municipalities be transferred to him ipso jure. It shall notify each of the mayors of the member municipalities of its waiver. In this case, the transfer of police powers does not take place or, where applicable, ceases from the date of this notification, throughout the territory of the public establishment for inter-municipal cooperation or the grouping of territorial authorities.
As an exception to the previous paragraph, the president of the public establishment for inter-municipal cooperation may not waive the transfer to him of the police powers of the mayors of the member municipalities mentioned in the last paragraph of A of I, unless at least half of the mayors of these municipalities have opposed the transfer by operation of law, or if the mayors opposing this transfer represent at least half of the population of the establishment.
Decisions taken in application of this III by mayors and presidents of public establishments for inter-communal cooperation or groups of territorial authorities are subject to article L. 2131-1.
III bis.-A mayor who has opposed the transfer in application of the first three paragraphs of III may, at the end of the period mentioned by these same paragraphs, transfer the police powers mentioned in the last paragraph of A of I to the president of the public inter-municipal cooperation establishment at any time.
This transfer takes effect within three months of notification of the mayor’s decision to the president of the public establishment for inter-municipal cooperation, unless the president of the public establishment for inter-municipal cooperation notifies the mayor, within this period, of his refusal to exercise these powers.
The president of the public establishment for inter-municipal cooperation may only refuse the transfer of these police powers if he does not already exercise such powers on the territory of one or more member communes.
IV. – In the cases provided for in B of I, on the proposal of one or more mayors of the municipalities concerned, the transfer is decided by order of the representative(s) of the State in the department(s) concerned, after agreement of all the mayors of the member municipalities and the president of the public inter-municipal cooperation body or grouping of authorities. The transfer is terminated under the same conditions.
By way of derogation from the previous paragraph, when the public establishment for inter-municipal cooperation is an urban community, the transfer is decided by order of the representative(s) of the State in the department(s) concerned, following the agreement of the president of the urban community and at least two-thirds of the mayors of member communes whose population represents more than half of the total population, or half of the mayors of member communes whose population represents more than two-thirds of the total population.
V. – Municipal police officers recruited in application of articles L. 511-1 and L. 512-2 of the code de la sécurité intérieure, municipal police officers from member communes made available by agreement for this purpose, gardes champêtres recruited or made available in application of articles L. 522-1 and L. 522-2 of the same code and specially sworn officers may, under the authority of the president of the public establishment for inter-communal cooperation and within the limits of their respective remits, ensure the execution of decisions taken in accordance with the remits transferred by the mayors of the member communes by virtue of I of this article.
VI. – The representative of the State in the department may, in the event that this has not been provided for by the president of the public establishment of inter-municipal cooperation with its own tax status and after formal notice from the latter has remained without result, exercise the powers devolved to the president of the public establishment of inter-municipal cooperation with its own tax status with regard to traffic and parking policing.
If the president of the public inter-municipal cooperation body with its own tax authority fails to exercise the powers vested in it under article L. 184-1 of the Code de la construction et de l’habitation and Chapter I of Title I of Book V of the same Code, the representative of the State in the département may take the place of the latter.
In the cases mentioned in the first two paragraphs of this VI, the representative of the State in the département takes the place of the president of the public establishment for inter-municipal cooperation under the conditions provided for in article L. 2215-1 of this Code. The costs relating to the measures taken by the representative of the State in the department are borne by the public establishment for inter-municipal cooperation concerned.
VII. – The departments or parts of departments of the communes that participate in the exercise of the powers mentioned in the last paragraph of A of I are made available to the president of the public establishment of inter-communal cooperation by the mayors of the member communes for the exercise of the transferred policies.
An agreement between the mayors who have transferred their powers and the president of the public establishment of inter-communal cooperation sets out the conditions under which these departments are made available to the president of this establishment.