Section 2: Creation

I.-Public establishments for inter-municipal cooperation with their own tax status may be created by sharing an existing community of communes or agglomeration community under the conditions provided for in article L. 5211-5, after receiving the opinion of the deliberative body of the existing public establishment.

The conditions laid down in II of the same article L. 5211-5 must be met within the perimeter of each new establishment thus created.

Each of the perimeters of the public establishments for intercommunal cooperation with their own tax status resulting from the operations described in the first and second paragraphs of I of this article must respect the population thresholds and take into account the other guidelines and obligations defined in III and VII of article L. 5210-1-1.

II.-The methods for distributing the population of each of the public establishments for intercommunal cooperation with their own tax status II - The procedures for the distribution of personnel between these public establishments of inter-municipal cooperation are decided by deliberation of the existing public establishment of inter-municipal cooperation, following the opinion of the competent territorial social committee(s). This decision must be approved by the municipal councils of the municipalities concerned, in accordance with the majority conditions set out in II of article L. 5211-5. In the absence of an agreement on the distribution no later than three months before the split, it is decided by the State representative in the department.

An impact statement describing in particular the effects of the sharing on the organisation and working conditions, as well as on the remuneration and acquired rights of the civil servants and contractual local authority employees concerned, is attached to the notice convening the members of the local authority social committees.

Civil servants retain the terms and conditions of employment of the contractual local authority employees concerned. Civil servants retain their current status and conditions of employment. Contractual local authority employees retain, on an individual basis, the benefit of the stipulations of their contract. Previous service as a contract employee of the former public establishment of inter-municipal cooperation is treated in the same way as service as a contract employee of the newly created public establishment of inter-municipal cooperation. The agents benefit from the guarantees provided for in articles L. 5111-7 and L. 5111-8.

Within six months of its creation, the new public establishment for inter-municipal cooperation will define the compensation scheme applicable to newly recruited employees. In the meantime, the latter will benefit from the compensation scheme that was applicable to the post to which they are assigned. The allocation of staff carried out in accordance with the conditions set out in the first paragraph of this II is appended to the order of the State representative in the department creating the new public establishment.

III.-The allocation of staff in accordance with the conditions set out in the first paragraph of this II is appended to the order of the State representative in the department creating the new public establishment. III - The procedures for distributing public property, facilities and services as well as all the rights and obligations attached to them are decided by deliberation of the existing public inter-communal cooperation body. This decision must be approved by the municipal councils of the municipalities concerned under the majority conditions set out in II of article L. 5211-5. In the absence of an agreement on the distribution no later than three months prior to the sharing, it is decided by the State representative in the department. The budgets of the new public establishments for inter-communal cooperation are adopted under the conditions set out in article L. 1612-3. The administrative account of the public establishment of inter-municipal cooperation that was the subject of the division is approved by the new public establishments of inter-municipal cooperation. If the administrative account has not been adopted by 30 June of the year following the sharing, the representative of the State in the department adopts the account in support of the management account, following an opinion issued within one month by the regional audit chamber. The distribution of property, equipment and public services carried out under the conditions provided for in the first paragraph of this III is appended to the order of the representative of the State in the department creating the new establishment.

The representative of the State in the department decides on the distribution of property, equipment and public services. The representative of the State in the department notes, subject to the rights of third parties, the distribution between the public establishments of inter-municipal cooperation that have been created of all the assets and liabilities in the light of the last administrative account of the public establishment of inter-municipal cooperation that is the subject of the division.