I. – Articles L. 5215-16 to L. 5215-18, L. 5215-21, L. 5215-26 to L. 5215-29, L. 5215-40 and L. 5215-42 are applicable to metropolitan areas.
For the application of article L. 5211-17, the majority conditions required are those set out in article L. 5211-5.
II. – When some of the member communes of a syndicat de communes or a syndicat mixte form part of a metropolis, as a result of the creation of this metropolis, the merger of public establishments of inter-communal cooperation to form a metropolis or the transformation of a public establishment of inter-communal cooperation into a metropolis, and this metropolis is included in its entirety in the syndicate, this creation, merger or transformation is equivalent to the withdrawal from the syndicate of the communes that are members of the metropolis for the competences mentioned in I of article L. 5217-2 that the syndicate exercises. This withdrawal is carried out under the conditions laid down in article L. 5211-25-1 and the third paragraph of Article L. 5211-19. In the absence of an agreement between the deliberative body of the syndicat and the municipal council concerned on the distribution of the assets or the proceeds of their realisation and the balance of the outstanding debt mentioned in 2° of article L. 5211-25-1, this distribution is set by order of the representative(s) of the State in the department(s) concerned. This order is made within six months of the referral of the matter to the representative(s) of the State in the department(s) concerned by the deliberative body of the public establishment of inter-municipal cooperation or of one of the municipalities concerned.
For the exercise of transferred competencies other than those mentioned in I of article L. 5217-2, the metropolis is substituted within the syndicate for the communes that make it up. This substitution does not modify the powers of the syndicat de communes, which becomes a syndicat mixte within the meaning of article L. 5711-1, or of the syndicat mixte concerned. Nor does it change the perimeter within which this syndicate exercises its powers.
III. – When some of the member municipalities of a syndicate of municipalities or of a mixed syndicate are associated with municipalities outside this syndicate in a metropolis, as a result of the creation of this metropolis, of the merger of public establishments of inter-municipal cooperation to form a metropolis or of the transformation of a public establishment of inter-municipal cooperation into a metropolis, this creation, this merger or this transformation is equivalent to the withdrawal from the syndicate of the member municipalities of the metropolis for the transferred competencies and under the conditions provided for in the first paragraph of II. It constitutes substitution of the metropolis for the communes for the competences transferred and under the conditions provided for in the second paragraph of the same II.
IV. – When the perimeter of a metropolis is extended by the addition of one or more communes that are members of one or more syndicates of communes or mixed syndicates, this extension constitutes the withdrawal of the communes from the syndicates or the substitution of the metropolis for the communes within the syndicates in the cases and under the conditions provided for in II and III.
When the competences of a metropolis are extended, in accordance with Article L. 5211-17, to competences previously delegated by all or some of the communes that make it up to one or more syndicates of communes or mixed syndicates, the metropolis is substituted for these communes within the syndicate or syndicates under the conditions mentioned in the second paragraph of II of this article.
IV bis. – By way of derogation from II to IV of this article, when a syndicate exercising a competence in the field of water or sanitation groups together communes belonging to at least three public establishments of inter-communal cooperation with their own tax status on the date of the transfer of this competence to the metropolis, the metropolis is substituted, within the syndicate, for the communes that make it up, under the conditions set out in the second paragraph of II. However, after obtaining the opinion of the departmental commission for inter-communal cooperation, the State representative may authorise the metropolis to withdraw from the syndicate on 1st January of the year following the date of the transfer of competence, under the conditions provided for in the first paragraph of the same II.
IV ter. – By way of derogation from II, III and IV of this article, for the competence in matters of aquatic environment management and flood prevention mentioned in article L. 211-7 of the Environment Code, when some of the communes of a syndicate of communes or a mixed syndicate are part of a metropolis whose perimeter is totally or partially included in the perimeter of this syndicate, the metropolis is substituted within the syndicate for the communes that make it up, under the conditions provided for in the second paragraph of II of this article.
V. – When the metropolis is substituted for communes within a syndicate of communes or a mixed syndicate for the exercise of a competence, the number of seats of the representatives of the metropolis is proportional to the relative share of the population of the communes for which the metropolis is substituted, without being able to exceed half of the total number of seats.
VI. – By way of derogation from II to V of this article, when some of the communes of a syndicat de communes or of a syndicat mixte form part of a métropole whose perimeter is totally or partially included in the perimeter of this syndicat, the métropole is substituted, within the syndicat, for the competence of licensing authority for public electricity distribution provided for in g of 6° of I of article L. 5217-2, to the communes that make it up, by way of derogation from the first paragraph of I of article L. 5215-22. This substitution does not modify the powers of the syndicat de communes, which becomes a syndicat mixte, within the meaning of article L. 5711-1, or of the syndicat mixte concerned. Nor does it change the perimeter within which this syndicat exercises its powers. The number of seats held by the representatives of the metropolis on the trade union committee is proportional to the population of the communes that the metropolis represents in respect of this competence, without being able to exceed half of the total number of seats. The statutes of mixed syndicates existing on the date of promulgation of Law no. 2014-58 of 27 January 2014 on the modernisation of territorial public action and the affirmation of metropolises must be brought into line with this VI within six months of the publication of the same law.
VII. – This article is also applicable when a public establishment of inter-municipal cooperation merged to form the metropolis was a member of a mixed syndicate.