French General Code of Local Authorities
In forceA commune may withdraw from the public establishment for intercommunal cooperation, except in the case of an urban community or a metropolis, under the conditions laid down in article L. 5211-25-1, with the consent of the deliberative body of the establishment. In the absence of an agreement between the deliberative body of the public establishment of inter-municipal cooperation and the municipal council concerned on the distribution of the assets or the proceeds of their realisation and the balance of the outstanding debt referred to in 2° of article L. 5211-25-1, this distribution is set by order of the representative(s) of the State in the department(s) concerned. This decree is issued within six months of the referral to the representative(s) of the State in the department(s) concerned by the deliberative body of the public inter-municipal cooperation establishment or of one of the municipalities concerned.
Withdrawal is subject to the agreement of the municipal councils expressed under the majority conditions required for the creation of the establishment. The municipal council of each member municipality has a period of three months from notification to the mayor of the deliberative body's decision to decide on the proposed withdrawal. In the absence of a decision within this timeframe, its decision is deemed to be unfavourable.
When a commune withdraws from a public establishment for inter-municipal cooperation that is a member of a mixed syndicate, this withdrawal results in a reduction in the scope of the mixed syndicate. The financial and asset conditions of the withdrawal of the commune are determined by concordant deliberations of the municipal council of the commune and the deliberative bodies of the mixed syndicate and the public establishment of inter-municipal cooperation. In the absence of agreement, these conditions are set by the State representative.
The decision to withdraw is taken by the State representative(s) in the department(s) concerned.
When the withdrawal of the commune is carried out during the course of the year, the public establishment of inter-municipal cooperation of which it was previously a member pays this commune all of the income from taxation that it continues to collect within the perimeter of this commune after the withdrawal of the commune takes effect. These revenues are calculated on the basis of the tax decisions taken by the deliberative body of the public inter-municipal cooperation establishment applicable in the year of the withdrawal of the municipality, after deduction, where applicable, of the amounts paid by the establishment in application of III of article 1609 quinquies C , of V of article 1609 nonies C of the General Tax Code and of article L. 5211-28-4 of this code. This repayment constitutes a compulsory expense for the public establishment of inter-municipal cooperation.
