Section 4: Powers

I.-The agglomeration community automatically exercises the following competencies in place of the member municipalities:

1° In terms of economic development: economic development actions under the conditions set out in article L. 4251-17; creation, development, maintenance and management of industrial, commercial, tertiary, craft, tourist, port or airport activity zones; local trade policy and support for commercial activities of community interest; promotion of tourism, including the creation of tourist offices, without prejudice to the promotion of tourism which is a shared competence, within the meaning of article L. 1111-4, with the member municipalities of the public inter-municipal cooperation establishment with its own tax status;

2° In terms of community spatial planning: territorial coherence plan and sector plan; local town planning scheme, town planning document taking its place and communal map; definition, creation and implementation of development operations of community interest within the meaning of article L. 300-1 of the Town Planning Code; organisation of mobility within the meaning of Title III of Book II of Part One of the Transport Code, subject to l'article L. 3421-2 of the same code;

3° In terms of social balance of housing: local housing programme; housing policy of Community interest; actions and financial aid in favour of social housing of Community interest; land reserves for the implementation of the Community policy of social balance of housing; action, through operations of Community interest, in favour of housing for disadvantaged people; improvement of the built property stock of Community interest;

4° In terms of town policy: drawing up a diagnosis of the area and defining the guidelines for the city contract; leading and coordinating contractual arrangements for urban development, local development and economic and social integration, as well as local arrangements for crime prevention; action programmes defined in the city contract.

In overseas departments and collectivities: contractual schemes for urban development, local development and economic and social integration of community interest; local schemes, of community interest, for crime prevention.

5° Management of aquatic environments and flood prevention, under the conditions provided for in article L. 211-7 of the Environment Code;

6° In terms of accommodating Travellers: creation, development, maintenance and management of reception areas and rental family sites defined in 1° to 3° of II of Article 1 of Law no. 2000-614 of 5 July 2000 on the reception and housing of Travellers;

7° Collection and treatment of household and similar waste;

8° Water;

9° Wastewater treatment, under the conditions provided for in Article L. 2224-8;

10° Urban rainwater management, within the meaning of Article L. 2226-1.

The agglomeration community may delegate, by agreement, all or part of the competences mentioned in 8° to 10° of this I to one of its member municipalities.
The delegation provided for in the thirteenth paragraph of this I may also be made in favour of a syndicate mentioned in article L. 5212-1, existing on 1st January 2019 and included in its entirety within the perimeter of the agglomeration community.

When a commune requests to benefit from a delegation pursuant to the thirteenth paragraph of this I, the council of the conurbation community shall rule on this request within three months and give reasons for any refusal.

By way of derogation from 1° of this I, tourist municipalities that have been classified as tourist resorts in application of articles L. 133-13 and L. 151-3 of the Tourism Code may decide, by deliberation and after receiving the opinion of the deliberating body of the agglomeration community, to retain or regain the exercise of the "promotion of tourism, including the creation of tourist offices" competence. The deliberative body of the public institution for inter-municipal cooperation must give its opinion within three months of the commune concerned referring the matter to it. Failing this, the opinion is deemed to have been given. The agglomeration community retains, concurrently with the said commune and on the territory of the latter, the exercise of this same competence, with the exception of 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 retain or regain the competence "promotion of tourism, including the creation of tourist offices" ceases to have effect and the competence is fully exercised by the agglomeration community in place of the commune.

By way of derogation from 1° of this I, one or more tourist communes within the meaning of article L. 133-11 of the Tourism Code may request to regain the exercise of the "promotion of tourism, including the creation of tourist offices" competence. The transfer of this responsibility is decided by joint decision of the deliberative body of the agglomeration community and the municipal councils of all its member municipalities, under the majority conditions required for the creation of the establishment. The agglomeration community retains, concurrently with the said communes and on their territory, the exercise of this same competence, excluding the creation of tourist offices.

In the event that the "tourist commune" designation is lost, the competence is fully exercised by the agglomeration community in place of the commune.

II.-The agglomeration community may also exercise, in place of the communes, the competences falling within the following groups:

1° Creation or development and maintenance of roads of community interest; creation or development and management of car parks of community interest;

When the agglomeration community exercises the competence "creation or development and maintenance of community roads" and its territory is covered by a mobility plan, the circulation of a segregated-lane public transport service entails the community interest of the public roads supporting this traffic and the pavements adjacent to these roads. However, the deliberative body of the public establishment for inter-municipal cooperation may, on certain portions of adjacent pavements, limit the community interest solely to the facilities assigned to the public transport service;

2° and 3° (Repealed);

4° With regard to the protection and enhancement of the environment and the living environment: combating air pollution, combating noise pollution, support for actions to control energy demand;

5° Construction, development, maintenance and management of cultural and sports facilities of Community interest;

6° Social action of Community interest.

When the agglomeration community exercises the competence of social action of community interest, it may entrust responsibility for all or part of it to an intercommunal centre for social action constituted under the conditions laid down in article L. 123-4-1 of the code of social action and families;

7° Participation in a France Services agreement and definition of the related public service obligations pursuant to article 27-2 of law no. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations.

The choice of these powers is made by decision of the municipal councils of the municipalities concerned under the qualified majority conditions required for creation.

IIa.-The agglomeration community is the holder of the urban pre-emption right within the perimeters set, after concordant deliberation by the municipality or municipalities concerned, by the community council for the implementation of the community policy for the social balance of housing.

III.-When the exercise of the competencies mentioned in I and II of this article is subject to the recognition of their community interest, this interest is determined by the council of the agglomeration community by a majority of two-thirds of the votes cast. It shall be defined no later than two years after the entry into force of the decree declaring the transfer of competence. Failing this, the agglomeration community shall exercise the transferred competence in full.

IV. (Repealed).

V.-By agreement with the département, an agglomeration community may exercise on behalf of the département all or part of the powers which, in the field of social action, are attributed to the département by virtue of articles L. 121-1 and L. 121-2 of the Code of Social Action and Families.

The agreement specifies the scope and financial terms of the delegation as well as the conditions under which the corresponding departmental services are made available to the conurbation community.

VI.-In order to finance the construction or operation of a facility, fonds de concours may be paid between the agglomeration community and the member municipalities following concordant agreements expressed by a simple majority of the community council and the municipal councils concerned.

The total amount of the fonds de concours may not exceed the share of the financing provided, excluding subsidies, by the beneficiary of the fonds de concours.

VII - By agreement with the department, a conurbation community whose mobility plan includes a segregated-lane public transport service using departmental roads, or provides for its implementation, may, within the territorial jurisdiction of the mobility organising authority, exercise in place of the department all or part of the competencies which, in the area of roads, are attributed to the department by virtue of the articles L. 131-1 to L. 131-8 of the highway code. The departmental council's refusal to delegate all or part of these powers must be justified by a deliberation. The agreement specifies the scope and financial terms of the delegation of powers, as well as the conditions under which the corresponding departmental services are made available to the conurbation community.

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