I. – The metropolitan cluster groups together public establishments of inter-municipal cooperation with their own tax status provided that one of them has more than 100,000 inhabitants.
By way of derogation from the previous paragraph, the metropolitan cluster may group together, in a single territory without an enclave, public establishments of inter-municipal cooperation with their own tax status including at least one public establishment of inter-municipal cooperation with more than 50,000 inhabitants bordering a foreign State.
The representative of the State in the department in which the metropolitan cluster has its headquarters notifies the deliberative assembly of each department and each region to which the municipalities concerned belong of the proposed creation of the metropolitan cluster for its opinion. From the date of this notification, the deliberative assemblies have a period of three months in which to reach a decision. If no decision is taken within this period, it is deemed to be favourable.
This creation may be decided by decree of the representative of the State in the department in which the head office of the public establishment for inter-communal cooperation with its own tax system is located with the largest population.
II. – At the request of the metropolitan cluster’s trade union council, the regions or départements in whose territory the headquarters of the member public establishments for inter-communal cooperation are located may join the metropolitan cluster.