TITLE II: PUBLIC-PRIVATE PARTNERSHIPS INVOLVING LOCAL AND REGIONAL AUTHORITIES, GROUPS OF LOCAL AND REGIONAL AUTHORITIES AND OTHER LEGAL ENTITIES GOVERNED BY PUBLIC LAW

The syndicat mixte is a public establishment.

A mixed syndicate may be formed by agreement between interregional institutions of common utility, regions, interdepartmental agreements or institutions, départements, the Lyon metropolitan area, public establishments for inter-municipal cooperation, communes, mixed syndicates defined in article L. 5711-1 or article L. 5711-4, territorial chambers of commerce and industry, agriculture, trades and other public establishments, with a view to works or services of benefit to each of these legal entities. The mixed…

Where the Articles of Association have not provided for a specific procedure, amendments to the Articles of Association are decided by a two-thirds majority of the members making up the Syndicate Committee.

Municipalities, départements, territorial chambers of commerce and industry and public establishments may group together in the form of syndicates for the operation, by means of an agreement, of public services of interest to each of the legal entities in question. A decree in the Conseil d’Etat shall lay down the terms and conditions for the application of this article.

The provisions of Title III of Book I of Part Three relating to legality control and the publicity and entry into force of the acts of the departmental authorities are applicable to the mixed syndicates governed by this Title. The provisions of Chapters II and VII of the single title of Book VI of Part One relating to budgetary control and public accountants are also applicable to them.

The public-private association may achieve its purpose, in particular, by direct operation or by simple financial participation in companies or organisations under the same conditions as the départements or communes. In the latter case, the terms and conditions of this participation are set by the decision establishing it.

Any natural or legal person has the right to request communication of the deliberations and minutes of the deliberative body of mixed syndicates, budgets and accounts as well as the decisions of the president of these public establishments. Each may publish them under its own responsibility. The communication of the documents mentioned in the first paragraph, which may be obtained both from the president and from the decentralised departments of…

I.- The transfer of powers to a public-private association automatically entails the application to all the public property, facilities and services necessary for their exercise, as well as to all the rights and obligations attached to them on the date of the transfer: 1° When the association is created: of the provisions of the first three paragraphs of Article L. 1321-1, the first two paragraphs of l’article L. 1321-2 and…

Withdrawal from a mixed syndicate or, where the syndicate’s statutes allow, withdrawal of one or more competences transferred to a mixed syndicate, is carried out under the conditions set out in article L. 5211-25-1. When the movable and immovable assets have been acquired or realised or when the debt has been contracted, subsequent to the transfer of competencies, the distribution of these assets or of the proceeds of their realisation…

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…