As an exception to the provisions of article L. 5211-19, a commune may be authorised by the representative of the State in the department, after receiving the opinion of the departmental commission for inter-communal cooperation meeting in the formation provided for in the second paragraph of article L. 5211-45, to withdraw from the syndicate if, as a result of a change in the regulations or the situation of the commune with regard to these regulations, the participation of this commune in the syndicate has become pointless. The opinion of the commission départementale de la coopération intercommunale is deemed negative if it has not been given within two months.
The movable and immovable assets made available to the syndicate by the commune are returned to the latter, along with the rights and obligations attached to them. The balance of the outstanding debt relating to these assets, which may have been transferred to the public establishment for inter-municipal cooperation by the commune and not repaid on the date of withdrawal, is simultaneously taken over by the commune.
For assets acquired or created by the syndicate after the commune joined and loans to finance them, in the absence of agreement between the communes, the representative(s) of the State in the département(s) set the conditions for withdrawal, after consulting the syndicate committee and the municipal council of the commune concerned. Withdrawal may be subject to the commune assuming a share of the annual debt repayments relating to loans contracted by the syndicate during the period when the commune was a member.
When a loan remaining the responsibility of the commune admitted to withdraw is the subject of a measure likely to reduce the amount thereof, the annual instalment due by this commune is reduced by the same amount.
Withdrawal from the syndicat constitutes a reduction in the scope of the mixed syndicates of which the syndicate is a member under the conditions set out in the third paragraph of Article L. 5211-19.
The provisions of this article do not apply to electricity distribution syndicates.