Section 1: Creation

I.-A.-The metropolis of Aix-Marseille-Provence exercises the competences provided for in article L. 5217-2, with the exception of:

1° The competence "promotion of tourism, including the creation of tourist offices", provided for in d of 1° of I of the same article L. 5217-2, returned, by their decision, to the member municipalities classified as tourist resorts in application of article L. 133-13 of the Tourism Code or as tourist municipalities in application of article L. 133-11 of the same code, or when the competence has been retained by these municipalities. In the event of loss of classification as a tourist resort, the deliberation of the municipal council by which the municipality has been returned or has retained 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 municipality;

2° De la compétence "création, gestion, extension et translation des cimetières et sites cinéraires", prévue au b du 5° du I de l'article L. 5217-2 of the present code;

3° Of the competence "public outdoor fire defence service", provided for in e of the same 5°;

4° Of the competence "creation, development, maintenance and management of urban heating or cooling networks", provided for in h of 6° of the same I;

5° Of the competences set out in k of the same 6° and in article L. 2124-4 of the General Code on the Ownership of Public Persons.

B.-For the exercise of the competences provided for in b and c of 2° of I of article L. 5217-2 of the present code, the Aix-Marseille-Provence metropolis is competent for:

1° The creation, development and maintenance of roads of metropolitan interest, including signposting.

The circulation of a segregated-lane public transport service entails the metropolitan interest of the public roads supporting this traffic and the pavements adjacent to these roads;

2° Car parks and parking areas of metropolitan interest.

Car parks and parking areas ancillary to an exclusive right-of-way public transport service are of metropolitan interest;

3° The creation, development and maintenance of public spaces of metropolitan interest dedicated to any mode of urban travel as well as their ancillary works of metropolitan interest.

C.-The Aix-Marseille-Provence metropolitan authority is also responsible for supporting commercial and craft activities of metropolitan interest.

D.-The Aix-Marseille-Provence metropolis defines:

1° A comprehensive scheme relating to the policy of support for commercial and craft activities;

2° A comprehensive scheme for roads;

3° A scheme for the organisation of tourism ;

4° An overall plan for urban heating or cooling networks;

5° An overall plan relating to the installation of charging infrastructures required for the use of electric or rechargeable hybrid vehicles.

The exercise of the competences mentioned in 1° and 4° of A, 1° of B and C of this I must be compatible with the plans mentioned in 1° to 5° of this D.

E.-.The metropolis of Aix-Marseille-Provence may delegate, by agreement, all or part of the competence relating to urban rainwater management mentioned in a of 5° of I of article L. 5217-2 to one of its member municipalities. The competence thus delegated is exercised in the name and on behalf of the Aix-Marseille-Provence metropolis.

The agreement, concluded between the parties and approved by their deliberative assembly, specifies the duration of the delegation and its terms of execution. It defines the objectives to be achieved in terms of the quality of the service provided and the sustainability of the infrastructure, as well as the terms and conditions of the Aix-Marseille-Provence metropolitan authority's control over the delegated municipality. It specifies the human and financial resources devoted to the exercise of the delegated competence.

When a commune requests to benefit from the delegation of all or part of the competence relating to the management of urban rainwater, the council of the Aix-Marseille-Provence metropolis shall rule on this request within three months and give reasons for any refusal.

The Aix-Marseille-Provence metropolis may also delegate to its member municipalities, by agreement, in accordance with the terms and conditions set out in this E, the management of all or part of the necessary facilities and services :

1° To the maintenance of roadways recognised as being of metropolitan interest;

2° To the maintenance of public spaces of metropolitan interest dedicated to any mode of urban travel as well as their ancillary works of metropolitan interest.

II.-The State may delegate, by agreement, some of its powers to the Aix-Marseille-Provence metropolitan authority, under the conditions set out in Article L. 301-5-1 of the Construction and Housing Code.

III.- (Repealed).

IV.-The first paragraph of Article L. 5217-3 of this code is not applicable to the Aix-Marseille-Provence metropolitan authority.