I. – The metropolis automatically exercises, in place of the member municipalities, the following competences:
1° In matters of economic, social and cultural development and planning:
a) Creation, development and management of industrial, commercial, tertiary, craft, tourist, port or airport activity zones;
b) Economic development actions, including participation in the capital of companies mentioned in 8° of Article L. 4211-1, as well as support for and participation in the management of competitiveness clusters located within its territory;
c) Construction, development, maintenance and operation of cultural, socio-cultural, socio-educational and sporting facilities of metropolitan interest;
d) Promotion of tourism, including the creation of tourist offices, without prejudice to the promotion of tourism which is a competence shared, within the meaning of article L. 1111-4, with the member municipalities of the public establishment for inter-municipal cooperation with its own tax status;
e) Support and aid programme for higher education and research establishments and research programmes, taking into account the regional plan for higher education, research and innovation;
2° In terms of metropolitan spatial planning:
a) Schéma de cohérence territoriale et schéma de secteur; plan local d’urbanisme, document en tenant lieu ou carte communale; définition, création et réalisation d’opérations d’aménagement d’intérêt métropolitain mentionnés à l’article L. 300-1 of the town planning code; actions to enhance the natural and landscape heritage; constitution of land reserves;
b) Organisation of mobility within the meaning of Articles L. 1231-1, L. 1231-8 and L. 1231-14 to L. 1231-16 of the Transport Code; creation, development and maintenance of roads; signage; passenger shelters; car parks and parking areas and mobility plan;
c) Creation, development and maintenance of public spaces dedicated to all modes of urban travel and their ancillary works;
d) Participation in the governance and development of railway stations located on metropolitan territory;
e) Establishment, operation, acquisition and provision of telecommunications infrastructures and networks, within the meaning of article L. 1425-1 of this code;
3° With regard to local housing policy:
a) Local housing programme;
b) Housing policy; financial aid for social housing; actions to promote social housing; actions to promote housing for disadvantaged people;
c) Improvement of the built housing stock, rehabilitation and elimination of substandard housing;
d) Creation, development, maintenance and management of reception areas for Travellers and family rental sites as defined in 1° to 3° of II of article 1 of law no. 2000-614 of 5 July 2000 relating to the reception and housing of travellers;
4° With regard to urban policy:
a) Drawing up a diagnosis of the area and defining the guidelines for the city contract;
b) Leading and coordinating contractual arrangements for urban development, local development and economic and social integration, as well as local arrangements for preventing delinquency;
c) Action programmes defined in the city contract;
5° In terms of managing services of collective interest:
a) Wastewater treatment, under the conditions set out in article L. 2224-8, urban stormwater management within the meaning of Article L. 2226-1 and water;
b) Creation, management, extension and translation of cemeteries and cinerary sites of metropolitan interest as well as creation, management and extension of crematoria;
c) Slaughterhouses, abattoirs markets and markets of national interest;
d) Fire and rescue services, under the conditions set out in Chapter IV of Title II of Book IV of Part One of this Code;
e) Public external fire defence service;
6° In terms of environmental protection and enhancement and living environment policy:
a) Management of household and similar waste;
b) Combating air pollution;
c) Combating noise pollution;
d) Contribution to the energy transition;
e) Support for actions to control energy demand;
f) Preparation and adoption of the territorial climate-air-energy plan in application of article L. 229-26 of the Environment Code, consistent with national targets for the reduction of greenhouse gas emissions, energy efficiency and the production of renewable energy;
g) Concession of the public distribution of electricity and gas;
h) Creation, development, maintenance and management of district heating or cooling networks;
i) Creation and maintenance of charging infrastructures required for the use of electric or plug-in hybrid vehicles or ships at berth, as well as gas or hydrogen refuelling points for vehicles or ships, or implementation of an associated service, pursuant to Article L. 2224-37 of this code;
j) Management of aquatic environments and flood prevention, under the conditions provided for in Article L. 211-7 of the Environment Code;
k) State concessionary authority for beaches, under the conditions set out in article L. 2124-4 du code général de la propriété des personnes publiques.
When the exercise of the competences mentioned in this I is subject to recognition of their metropolitan interest, this is determined by the metropolitan council by a majority of two-thirds of the votes cast. It is defined at the latest two years after the entry into force of the decree declaring the creation of the metropolitan authority. Failing this, the metropolis will exercise all of the competencies transferred.
By way of derogation from d of 1° of this I, one or more tourist municipalities that have been classified as tourist resorts pursuant to articles L. 133-13 and L. 151-3 of the Tourism Code may request to regain the exercise of the “promotion of tourism, including the creation of tourist offices” competency. The return of this competence is decided by joint deliberations of the deliberative body of the metropolis and the municipal councils of all its member municipalities, under the majority conditions required for the creation of the establishment. The metropolis retains, concurrently with the said communes and on its territory, the exercise of this same competence, excluding the creation of tourist offices.
In the event of loss of classification as a tourist resort, the deliberation of the municipal council by which the commune decided to regain the competence “promotion of tourism, including the creation of tourist offices” ceases to have effect and the competence is exercised in full by the metropolis in place of the commune.
The council of the metropolis as well as at least two-thirds of the municipal councils of all the member communes representing more than half of their total population or at least half of the municipal councils of these communes representing two-thirds of the population may, within one year of the promulgation of Law no. 2022-217 of 21 February 2022 on differentiation, decentralisation, deconcentration and various measures to simplify local public action or the creation of the metropolis, deliberate in order to make all or part of the powers relating to the creation, development and maintenance of roads, referred to in b of 2° of this I, subject to recognition of its metropolitan interest.
The operation of a segregated-lane public transport service entails the metropolitan interest of the public roads carrying this traffic and of the pavements adjacent to these roads.
The metropolitan authority may delegate to other authorities the responsibility for the creation, development and maintenance of the public roads referred to in b of 2° of this I.
The metropolitan authority may delegate to its member municipalities, by agreement, the management of all or part of the facilities and services required for the maintenance of the roads for which it is responsible. The authority delegated in this way is exercised in the name and on behalf of the metropolitan authority.
The agreement, concluded between the parties and approved by their deliberative assemblies, specifies the duration of the delegation and the terms and conditions of its implementation. It defines the objectives to be achieved in terms of the quality of the service provided and the durability of the infrastructure, as well as the terms and conditions of the metropolitan authority’s control over the delegated municipality. It specifies the human and financial resources dedicated to the exercise of the delegated competence.
II.-The State may delegate, by agreement, certain of its competences to the metropolitan authority, under the conditions set out in article L. 301-5-1 of the Code de la construction et de l’habitation.
III. – (Repealed).
IV. – By agreement with the département, the metropolis exercises within its perimeter, by transfer, in place of the département, or by delegation, in the name and on behalf of the département, all or part of the following groups of competencies:
1° Allocation of aid under the solidarity fund for housing, in application of article 6 of law no. 90-449 of 31 May 1990 aimed at implementing the right to housing;
2° Tasks entrusted to the departmental public social action service pursuant to article L. 123-2 of the Code of Social Action and Families;
3° Adoption, adaptation and implementation of the departmental integration programme, under the conditions provided for in Article L. 263-1 of the same code;
4° Assistance for young people in difficulty, in application of articles L. 263-3 and L. 263-4 of the said code;
5° Specialised prevention actions for young people and families in difficulty or out of touch with their environment, provided for in 2° of Article L. 121-2 of the same code;
6° Older people and social action pursuant to Articles L. 113-2, L. 121-1 et L. 121-2 of the said code, or part of these powers, excluding the assumption of responsibility for legal social assistance benefits;
7° Tourism pursuant to Chapter II of Title III of Book I of the Tourism Code, culture and the construction, operation and maintenance of facilities and infrastructures intended for the practice of sport, or part of these powers;
8° Construction, reconstruction, development, maintenance and operation of colleges. In this respect, the metropolis provides reception, catering, accommodation and general and technical maintenance, with the exception of pupil supervision and management tasks, in the collèges for which it is responsible;
9° Management of roads classified as part of the departmental public road domain, as well as their outbuildings and accessories. This transfer is recorded by order of the State representative in the department. This decree entails the transfer to the metropolitan authority of the corresponding easements, rights and obligations, as well as the classification of the roads transferred in the public domain of the metropolitan authority.
The agreement specifies the competencies or groups of competencies transferred or delegated, the financial conditions of the transfer or delegation and, following the opinion of the competent territorial social committees, the conditions under which all or part of the corresponding departmental services are transferred or made available to the metropolitan authority. These services or parts of services are placed under the authority of the president of the council of the metropolis.
In the absence of an agreement between the department and the metropolis on 1st January of the second year following the creation of the metropolis on at least three of the groups of competencies mentioned in 1° to 8° of this IV, all of these, with the exception of those mentioned in 8°, are transferred ipso jure to the metropolis. These transfers give rise to the concomitant transfer of resources in application of article L. 5217-13. The agreement mentioned in the first paragraph of this IV relating to these transfers is signed between the département and the metropolitan authority before 1st April of the second year following the creation of the metropolitan authority. Failing this, before 1st May of the second year following the creation of the metropolitan authority, the representative of the State in the department in which the metropolitan authority has its seat shall propose a draft agreement to the president of the departmental council and the president of the metropolitan authority, who shall have a period of one month in which to sign it. Failing this, the date and terms of the transfer are established by order of the representative of the State in the department in which the metropolis has its seat.
The competence mentioned in 9° of this IV is the subject of an agreement between the department and the metropolis. This agreement organises the transfer of this competence to the metropolis or specifies the terms and conditions for its exercise by the département, consistent with the policies implemented by the metropolis. In the absence of an agreement between the département and the metropolis on 1 January of the second year following the creation of the metropolis, this competence is transferred ipso jure to the metropolis.
This IV does not apply to the Greater Paris metropolis.
V. – By agreement with the region, at the request of the latter or of the metropolis, the metropolis shall exercise within its perimeter, in place of the region, the competences defined in Article L. 4221-1-1.
The agreement is signed within eighteen months of receipt of the request.
The agreement specifies the scope and financial terms of the transfer of competencies and, following the opinion of the relevant territorial social committees, the conditions under which all or part of the corresponding regional services are transferred to the metropolis. It establishes the list of services or parts of services that are made available to the metropolitan authority for the performance of its missions and sets the date of the definitive transfer. These departments or parts of departments are placed under the authority of the president of the council of the metropolitan authority.
However, the agreements provided for in this V may stipulate that departments or parts of departments affected by a transfer of competencies remain regional departments and are made available to the metropolitan authority for the exercise of its competencies.
VI. – The metropolis is associated as of right with the preparation, review and amendment of planning schemes and documents relating to development, economic development and innovation, transport and the environment, higher education and research, the list of which is set by decree in the Conseil d’Etat and which fall within the remit of the State, a territorial authority or their public establishments, when these schemes and documents have an incidence or impact on the territory of the metropolis.
The metropolis is automatically involved in drawing up the plan contract concluded with the State, pursuant to loi n° 82-653 du 29 juillet 1982 portant réforme de la planification, which includes a section specific to its territory.
In Strasbourg, this contract is signed between the State and the Strasbourg Eurometropolis. It takes into account the presence of European and international institutions.
To ensure that the Eurometropolis of Strasbourg has the resources to fulfil its functions as the headquarters city of the European institutions, conferred pursuant to the European treaties and protocols ratified by France, the State signs a specific contract with the latter, called the “three-year contract, Strasbourg, European capital”.
VII. – The State may transfer the ownership, development, maintenance and management of major facilities and infrastructures to the metropolitan area, at its request. These transfers are carried out free of charge and do not give rise to the payment of any compensation or tax, or any duty, salary or fee.
The transfer is authorised by decree. An agreement concluded between the State and the metropolis specifies the terms and conditions of the transfer.
The metropolis that has so requested may exercise the competence relating to the construction, reconstruction, extension, major repairs, equipment and management of student accommodation, under the conditions provided for in Article L. 822-1 du code de l’éducation.
The metropolitan authority may create the establishments mentioned in 10° of I of article L. 312-1 of the code de l’action sociale et des familles. It is responsible for their construction, reconstruction, extension, major repairs, equipment and management.
VIII. – In order to strengthen and develop its European neighbourhood relations, the metropolitan area may join cross-border cooperation structures as referred to in articles L. 1115-4,1115-4-1 and L. 1115-4-2 of this code.
The metropolis bordering a foreign State draws up a cross-border cooperation plan involving the department, the region and the municipalities concerned.
The second paragraph of this VIII applies without prejudice to the territorial cooperation actions conducted by the European metropolis of Lille and the Eurometropolis of Strasbourg within the European territorial cooperation groupings of which they are members.
IX. – The metropolis assumes the function of organising authority for a competence that it exercises on its territory. It defines the public service obligations and ensures the management of the corresponding public services, as well as the planning and coordination of interventions on the networks concerned by the exercise of the competences.
X. – The metropolitan council approves the local urban development plan by a simple majority of the votes cast.