I. – Articles L. 5216-5 with the exception of II bis, V and VII, and articles L. 5216-6 to L. 5216-7-1 shall apply in French Polynesia subject to the adaptations provided for in II.
II. – For the application of Article L. 5216-5:
1° I and II are replaced by I, II and IIa A as follows:
” I. – When, in application of II of Article 43 of Organic Law no. 2004-192 of 27 February 2004 on the autonomous status of French Polynesia, the communes intervene in matters of economic development, aid and economic intervention or in matters of town and country planning, the agglomeration community automatically exercises the competence(ies) concerned, in place and stead of the member communes.
“When, in application of the same II of Article 43 of Organic Law no. 2004-192 of 27 February 2004 on the autonomous status of French Polynesia, the communes intervene in matters of economic development, aid and economic intervention or in matters of town and country planning, the agglomeration community automatically exercises the competence(ies) concerned, in place and stead of the member communes.
When, in application of the same II, the communes intervene in the protection and enhancement of the environment and support for energy management, housing and living environment policy or urban policy, the agglomeration community automatically exercises the relevant competence(ies) in the place and stead of the member communes, for the purpose of carrying out actions of community interest.
> “II.
“II. – The agglomeration community must exercise, in place and stead of the member municipalities, the competencies relating to at least two of the following groups, in order to carry out actions of community interest:
“II.
“1° Communal roads;
> 2° Communal transport
3° Construction, maintenance and operation of primary schools;
> ” 4° Distribution of drinking water
” 4° Distribution of drinking water;
“5° Collection and processing of household waste;
“6° Collection and processing of vegetable waste;
“7° Collection and treatment of waste water;
“8° In communities of conurbations whose member communes are spread over several islands, transport between the islands;
> 9° In communities of conurbations whose member communes are spread over several islands, transport between the islands;
“9° In conurbation communities whose member municipalities are scattered over several islands, project management assistance.
“IIa A. – The powers mentioned in II of article 43 of the aforementioned organic law no. 2004-192 of 27 February 2004 may be transferred to the agglomeration community by its member municipalities under the conditions set out in article L. 5842-6 of this code. “
I.
2° IV is reinstated as follows:
“IV. – The agglomeration community may transfer any competence to a syndicat de communes or syndicat mixte whose perimeter includes the entire community perimeter after the syndicat has been created or the agglomeration community has joined. “