Section 1: General rules

I. - The transfer of competencies from a commune to a public establishment for inter-communal cooperation entails the transfer of the department or part of the department responsible for its implementation. However, in the context of the proper organisation of services, a commune may retain all or part of the service affected by the transfer of competencies, due to the partial nature of the latter.

Territorial civil servants and non-tenured territorial agents who carry out all of their duties in a service or part of a service transferred in application of the previous paragraph are transferred to the public establishment of inter-municipal cooperation. They come under the authority of this establishment under the conditions of status and employment that are theirs.

The terms of the transfer provided for in the first two paragraphs of this I are the subject of a joint decision by the municipality and the public establishment of inter-municipal cooperation. This decision is taken after an impact assessment has been drawn up, describing in particular the effects of the transfer on the organisation and working conditions, as well as on the remuneration and acquired rights of the civil servants and non-tenured local staff concerned. The impact statement is attached to the decision. The agreements concluded prior to the decision are annexed to the decision. The decision and its appendices are submitted for the opinion of the relevant local social committee(s).

The transfer may be offered to local civil servants and non-tenured local staff working only part-time in a transferred department or part of a transferred department. If they refuse, they are automatically and for an unlimited period placed at the disposal, on an individual basis and for the part of their duties relating to the department or part of the department transferred, of the president of the deliberating body of the public establishment for inter-municipal cooperation. For the performance of this part of their duties, they are placed under his functional authority. The terms and conditions of this secondment are governed by an agreement between the municipality and the public establishment of inter-municipal cooperation.

Agents transferred by virtue of the previous paragraphs retain, if they have an interest in doing so, the benefit of the compensation scheme that was applicable to them as well as, on an individual basis, the benefits acquired in application of the third paragraph of l'article 111 de la loi n° 84-53 du 26 janvier 1984 portant dispositions statutaires relatives à la fonction publique territoriale.

II. - When a municipality has retained all or part of its services under the conditions provided for in the first paragraph of I, these services are made available in whole or in part to the public inter-municipal cooperation establishment to which the municipality belongs for the exercise of the latter's competencies.

III. - The services of a public establishment for inter-municipal cooperation may be made available, in whole or in part, to one or more of its member municipalities, for the exercise of their competencies, when this is in the interest of the proper organisation of services.

IV. - Within the framework of the provision of services provided for in II and III, an agreement concluded between the public establishment for inter-municipal cooperation and each municipality concerned sets out the terms and conditions after consultation with the relevant territorial social committees. In particular, this agreement sets out the conditions for reimbursement by the municipality or public establishment benefiting from the provision of the operating costs of the service. The terms and conditions of this reimbursement are defined by decree.

The mayor or the president of the public establishment directly addresses to the head of the department made available all instructions necessary for the performance of the tasks that it entrusts to the said department. He/she supervises the performance of these tasks.

He/she may, under his/her supervision and responsibility, by order, delegate his/her signature to the head of the said department for the performance of the tasks that he/she entrusts to him/her in application of the previous paragraph.

Territorial civil servants and non-tenured territorial agents assigned to a department or part of a department made available in application of II or III are automatically and for an unlimited period made available, on an individual basis, as the case may be, to the president of the deliberative body of the public inter-municipal cooperation establishment or to the mayor. They are placed, for the performance of their duties, under his functional authority. The terms and conditions of this secondment are governed by the agreement provided for in the first paragraph of this IV.

IV bis. - When a public establishment for inter-municipal cooperation returns a competence to the member municipalities:

1° The secondment of the non-tenured territorial civil servants and agents mentioned in the penultimate paragraph of I is terminated ipso jure.

The territorial civil servant who cannot be assigned in his original administration to the duties he previously performed receives an assignment to a post that his grade entitles him to occupy.

A non-tenured territorial agent who cannot be assigned in his original administration to the functions he previously exercised receives an assignment to a post with the same level of responsibilities;

2° The distribution of non-tenured territorial civil servants and agents transferred by the communes in application of the second paragraph of I or recruited by the public establishment of inter-municipal cooperation and who are responsible, for the totality of their functions, for the implementation of the returned competence is decided by mutual agreement by convention concluded between the public establishment and its member communes. This agreement is submitted for the opinion of the territorial social committees set up by the public establishment for inter-municipal cooperation and by the municipalities. It is notified to the non-tenured employees and civil servants concerned.

Failing agreement on the conditions for the distribution of personnel within three months of the transfer of powers, the State representative in the department sets this distribution by decree.

The civil servants and non-tenured territorial agents concerned are transferred to the municipalities in application of the agreement or the distribution order under the conditions of status and employment that are theirs ;

3° The civil servants and non-tenured territorial agents mentioned in the first sentence of the penultimate paragraph of I or recruited by the public establishment of inter-municipal cooperation and who are responsible, for part of their duties, for the implementation of the returned competence receive an assignment within the public establishment of inter-municipal cooperation corresponding to their grade or level of responsibility.