I. – Collect the business property tax, the components of the flat-rate tax on network companies, provided for in articles 1519 D, 1519 E, 1519 F, 1519 G, 1519 H and 1519 HA, the property tax on built-up properties, the property tax on non-built-up properties, the additional tax on property tax on non-built-up properties provided for in Article 1519 I, as well as the council tax on second homes and other furnished premises not allocated to the main dwelling under the tax regime provided for in Article 1609 nonies C :
1° Urban communities, with the exception of those mentioned in 1° of II;
1° bis Metropolises;
2° Agglomeration communities;
3° Communities of communes formed from communities of towns under the conditions provided for by Article 56 of Law no. 99-586 of 12 July 1999 relating to the strengthening and simplification of inter-communal cooperation as well as communities of communes formed, under the conditions provided for in II of Article 51 of the same law, from districts substituted for member communes for the application of provisions relating to business tax;
4° Communities of communes with a population in excess of 500,000;
5° Repealed.
I bis. – (Repealed).
II. – Collect property tax on built-up properties, property tax on non-built-up properties, business property tax and council tax on second homes and other furnished premises not allocated to the principal dwelling under the conditions set out in Article 1636 B sexies:
1° Urban communities existing on the date of publication of the aforementioned law no. 99-586 of 12 July 1999 which rejected before 31 December 2001 the application, as of 1 January 2002, of article 1609 nonies C;
2° Communities of communes with a population of 500,000 or less, with the exception of those mentioned in 3° of I.
III. – 1. The following may levy the cotisation foncière des entreprises according to the tax system provided for in I of Article 1609 quinquies C:
1° The urban communities referred to in 1° of II that opted for this system before the date of publication of the aforementioned law no. 99-586 of 12 July 1999;
2° The communities of communes referred to in 2° of II that have created, creating or managing an economic activity zone that is located on the territory of one or more member communes, upon deliberation taken by a simple majority of the members of their council.
For communities of communes created, or resulting from the transformation of a pre-existing public inter-communal cooperation establishment, from the date of publication of the aforementioned law no. 99-586 of 12 July 1999, only the council of a community of communes with less than 50,000 inhabitants or the council of a community of communes with more than 50,000 inhabitants and whose centre commune or communes have a population of less than 15,000 inhabitants may decide to apply the scheme provided for in this 1.
The regime provided for in this 1 is applicable to communities of communes formed, under the conditions provided for in II of article 51 of the aforementioned law no. 99-586 of 12 July 1999, from districts that have opted for these same provisions.
2. The communities of communes referred to in 2° of II may, by decision of a simple majority of the members of their council, apply II of article 1609 quinquies C.
IV. – The public establishments for inter-municipal cooperation mentioned in II and III may opt for the tax system provided for in I.
This decision must be taken by the deliberative body of the public establishment for inter-municipal cooperation by a simple majority of its members before 31 December of the current year in order to be applicable on 1 January of the following year. By way of exception, for newly-created public bodies, this decision may be taken up to 15 January of the year in which their creation takes effect for tax purposes. It cannot be revoked during the period of unification of rates provided for in III of article 1609 nonies C.
V. – Public establishments for inter-communal cooperation with their own tax status may substitute themselves for their member communes for the provisions relating to the flat-rate tax on pylons provided for in Article 1519 A, and the collection of the proceeds of this tax, upon concordant deliberations by the public establishment and the communes concerned taken under the conditions provided for in I of Article 1639 A bis.
The public establishments for inter-communal cooperation mentioned in II and III may, in accordance with the procedures provided for in the first paragraph, substitute themselves for their member communes for the provisions relating to the components of the flat-rate tax on network companies provided for in articles 1519 E, 1519 F, 1519 G, 1519 H and 1519 HA.
Les établissements publics de coopération intercommunale mentionnés au deuxième alinéa peuvent se substituer à leurs communes membres pour les dispositions relatives à la taxe additionnelle à la taxe foncière sur les propriétés non bâties prévues à l’article 1519 I et la perception de son produit, sur délibérations concordantes de l’établissement public et des communes concernées prises dans les conditions prévues au I de l’article 1639 A bis.
V bis. – Without prejudice to the provisions of 2 du II de l’article 1609 quinquies C et du I bis de l’article 1609 nonies C, les établissements publics de coopération intercommunale à fiscalité propre perçent:
1° 50 % de l’imposition forfaitaire sur les entreprises de réseaux relative aux installations de production d’électricité utilisant l’énergie mécanique du vent;
2° 50 % de la composante de l’imposition forfaitaire sur les entreprises de réseaux relative aux stockages souterrains de gaz naturel.
VI. – 1. The following are substituted for the communes for the application of the provisions relating to the tax on the removal of household waste:
1° Urban communities;
1° bis Metropolises;
1° ter Territorial public establishments provided for in Article L. 5219-2 of the General Local Authorities Code, whenever they exercise the competence to do so;
2° Communities of communes, communities of agglomerations benefiting from the transfer of the competence provided for in Article L. 2224-13 du code général des collectivités territoriales et assurant au moins la collecte des déchets des ménages.
Les communautés de communes peuvent instituer la taxe d’enlèvement des ordures ménagères, dès la première année d’application du 2° du II, jusqu’au 31 mars, dès lors que les communes qui ont décidé de la création de la communauté de communes, à l’exclusion de toute autre, étaient auparavant associés dans un même syndicat de communes percevant une taxe d’enlèvement des ordures ménagères.
2. By way of derogation from 1, public establishments for inter-communal cooperation with their own tax status that exercise all the powers provided for in article L. 2224-13 du code général des collectivités territoriales et qui adhèrent, pour l’ensemble de cette compétence, à un syndicat mixte, peuvent décider:
a) Either to institute, before 15 October of a year in accordance with article 1639 A bis, and to collect the tax for the removal of household waste on their own account, determining, where applicable, the different collection zones, in the event that the mixed syndicate has not instituted it before 1 July of the same year by derogation to the same article 1639 A bis; when the mixed syndicate subsequently decides to institute the tax or fee provided for in article L. 2333-76 of the Code Général des Collectivités Territoriales, the decision taken by the syndicate does not apply to the territory of the public establishment for inter-municipal cooperation unless the latter withdraws its decision;
b) Or to collect this tax in place of the mixed syndicate which would have instituted it for the entire syndicate perimeter.
VII. – Public establishments for inter-communal cooperation with their own tax status may take the place of their member communes for the collection of the communal portion of the tax on final consumption of electricity, under the conditions provided for in 1° of articles L. 5214-23, L. 5215-32 or L. 5216-8 of the general code of territorial collectivities, when these public establishments exercise the competence of organising authority for public distribution of electricity mentioned in article L. 2224-31 of the same code. This VII is applicable to the public territorial establishments provided for in Article L. 5219-2 of the General Local Authorities Code.
VIII. – Établissements publics de coopération intercommunale à fiscalité propre (public establishments for inter-communal cooperation with their own tax status) may levy tourist tax or flat-rate tourist tax, under the conditions provided for in Article L. 5211-21 of the General Local Authorities Code. This VIII is applicable to the territorial public establishments provided for in Article L. 5219-2 of the General Local Authorities Code.
IX. -1. The development tax shall be collected under the conditions provided for in 1° of I of article 1635 quater A:
1° Metropolises;
Urban communities.
2° Urban communities
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2. The following may levy development tax under the conditions laid down in II of Article 1635 quater A, when they are responsible for a local urban development plan:
> Communauté d’agglomération d’Alsace (agglomeration communities)
1° Communities of conurbations;
2° Communities of communes.
2° Communities of communes;
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3. Upon deliberation taken under the conditions provided for in VI of Article 1639 A bis, the public establishments for inter-communal cooperation mentioned in 1 and 2 of this IX transfer all or part of the development tax to their member communes or groupings of communities, taking into account the burden of public facilities falling within their remit.
X. – The metropolises, the Lyon metropolis, the urban communities, the conurbation communities and the communities of communes may substitute themselves for their member communes for the application of the provisions relating to the tax for the management of aquatic environments and flood prevention provided for in article 1530 bis.