Where a commune considers that the provisions of the articles of association relating to the representation of communes on the committee of the syndicate, or to the powers exercised by the syndicate, or to the contribution of communes to the expenses of the syndicate, are such as to essentially compromise its interest in participating in the object of the syndicate, it may request the amendment of the provisions of the articles of association in question under the conditions laid down in each case by this code.
Where an amendment to the statutory provisions relating to the representation of the communes on the committee of the syndicate, or to the competences exercised by the syndicate, or to the contribution of the communes to the expenditure of the syndicate, is of such a nature as to essentially compromise its interest in participating in the object of the syndicate, the commune may, within six months of the amendment, request its withdrawal from the syndicate under the conditions provided for in each case by this code.
Failing a favourable decision within six months, the commune may ask the representative of the State in the department, after receiving the opinion of the departmental commission for inter-communal cooperation meeting in the formation provided for in the second paragraph of article L. 5211-45, to authorise its withdrawal from the syndicate. The opinion of the commission départementale de la coopération intercommunale is deemed negative if it has not been given within two months.
The movable and immovable assets made available to the syndicate by the commune are returned to the latter, along with the rights and obligations attached to them. The balance of the outstanding debt relating to these assets, which may have been transferred to the public establishment for intercommunal cooperation by the commune and not repaid on the date of withdrawal, is simultaneously taken over by the commune.
For assets acquired or created by the syndicate after the commune joined and loans to finance them, in the absence of agreement between the communes, the representative(s) of the State in the département(s) set the conditions for withdrawal, after consulting the syndicate committee and the municipal council of the commune concerned. Withdrawal may be subject to the commune assuming a share of the annual debt repayments relating to loans contracted by the syndicate during the period when the commune was a member.
When these loans are the subject of a measure likely to reduce their cost, the annual instalment due by the commune eligible to withdraw is reduced accordingly.
Withdrawal from the union means a reduction in the scope of the mixed unions of which the union is a member under the conditions set out in the third paragraph of article L. 5211-19.
The provisions of this article only apply to communes that have been members of the union concerned for at least six years.