A commune may be authorised by the State representative in the department, after receiving the opinion of the departmental commission for intercommunal cooperation meeting in the formation provided for in the second paragraph, to withdraw from a mixed syndicate in order to join a community of communes or, where the statutes of the syndicate allow, to withdraw from it one or more competences that it has transferred to it in order to transfer them to the community of communes of which it is a member, under the conditions provided for in the second to fourth paragraphs of article L. 5212-29. The opinion of the commission départementale de la coopération intercommunale is deemed to be negative if it has not been given within two months.
The commission départementale de la coopération intercommunale is consulted in a restricted formation made up of a quarter of the members elected by the college referred to in 1° of article L. 5211-43, including two members from the municipal councils of municipalities with fewer than 2,000 inhabitants, a quarter of the members elected by the college referred to in 2° of Article L. 5211-43, half of the members elected by the college referred to in 3° of the said article, a representative of the departmental council when the department is a member of the syndicate and a representative of the regional council when the region is a member of the syndicate.
A local authority, a grouping of local authorities or a public establishment may be authorised by the State representative in the department to withdraw from a mixed syndicate if, following a change in the regulations, in the situation of this legal entity governed by public law with regard to these regulations or in the powers of this legal entity, its participation in the mixed syndicate has become irrelevant.
The withdrawal provided for in the third paragraph of this article is pronounced by an order of the representative of the State in the department within two months of the request of the legal entity of public law concerned.