Section 2: Public territorial establishments

I. - The services of the Greater Paris metropolis contributing to the exercise of competences subject to the definition of a metropolitan interest and not declared to be of metropolitan interest may be made available, in whole or in part, to the territorial public establishments or the Paris commune.

The services of the territorial public establishments or the municipality of Paris contributing to the exercise of competencies subject to the definition of a metropolitan interest and declared to be of metropolitan interest may be made available in whole or in part to the Greater Paris metropolis.

An agreement concluded between the territorial public establishment(s) or the municipality of Paris and the Greater Paris metropolis sets out the terms and conditions of such availability, after consultation with the relevant territorial social committees. In particular, this agreement sets out the conditions for the reimbursement by the beneficiary of the provision of the operating costs of the service. The terms and conditions of this reimbursement are defined by decree.

The president of the Greater Paris metropolitan area or the territorial public establishment or the mayor of Paris directly addresses to the head of the department made available all instructions necessary for the execution of the tasks that he entrusts to the said department. He/she supervises the performance of these tasks.

He/she may, under his/her supervision and responsibility, by decree, 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 fourth paragraph of this I.

Les fonctionnaires territoriaux et agents territoriaux non titulaires ou les fonctionnaires ou agents non titulaires des administrations parisiennes affectés au sein d'un service ou d'une partie de service mis à disposition sont, de plein droit et sans limitation de durée, mis à disposition, à titre individuel, du président de la métropole du Grand Paris ou de l'établissement public territorial ou du maire de Paris. They are placed, for the performance of their duties, under his functional authority.

II. - The departments of the territorial public establishments of the Greater Paris metropolis contributing to the exercise of the competences mentioned in I of Article L. 5219-5 subject to the definition of a territorial interest and not declared to be of territorial interest may be made available in whole or in part to one or more of its member municipalities.

The services of the member municipalities of a territorial public establishment contributing to the exercise of the competencies mentioned in the same I subject to the definition of a territorial interest and declared to be of territorial interest may be made available in whole or in part to this territorial public establishment.

An agreement concluded between the member municipality or municipalities of the territorial public establishment and the territorial public establishment sets out the terms and conditions of this provision, following the opinion of the relevant territorial social committees. In particular, this agreement lays down the conditions for the reimbursement by the beneficiary of the provision of the operating costs of the service. The terms and conditions of this reimbursement are defined by decree.

The president of the territorial public establishment or the mayor sends directly 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 decree, 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 fourth paragraph of this II.

Territorial civil servants and non-tenured territorial agents assigned to a department or part of a department made available are, automatically and without limit in time, made available, on an individual basis, to the president of the public territorial establishment or to the mayor. They are placed, for the performance of their duties, under his functional authority.

III. - For the performance of functional duties, with the exception of the duties mentioned in article 23 of Law no. 84-53 of 26 January 1984 on statutory provisions relating to the local civil service for municipalities and public establishments that must be affiliated to a management centre pursuant to Articles 15 and 16 of the same law, as well as for the investigation of decisions taken by the president of the Greater Paris metropolis, the president of the territorial public establishment or the mayor on behalf of the Greater Paris metropolis, the territorial public establishment, the commune or the State, the Greater Paris metropolitan area and its territorial public establishments, the commune of Paris or the territorial public establishments of the Greater Paris metropolitan area and their member communes may set up joint services.

The effects of such pooling are governed by agreement, after drawing up an impact statement describing, in particular, the effects on the organisation and working conditions, remuneration and acquired rights for employees. The impact statement is attached to the agreement. The agreements reached are appended to the agreement. The agreement and its appendices are submitted for the opinion of the relevant territorial social committees.

Civil servants and non-tenured employees who fully perform their duties in a pooled service or part of a pooled service are transferred ipso jure to the Greater Paris metropolitan authority, the territorial public establishment or the municipality in charge of the pooled service.

Civil servants and non-tenured employees who perform part of their duties in a pooled service or part of a pooled service are automatically made available to the Greater Paris metropolitan area, the public territorial establishment or the commune for the working time devoted to the pooled service.

Depending on the mission performed, the staff of the shared services are placed under the functional authority of the president of the Greater Paris metropolis, under that of the president of the territorial public establishment or under that of the mayor.

The president of the Greater Paris metropolis, the president of the territorial public establishment or the mayor may grant, by decree, under his supervision and responsibility, delegation of signature to the head of the shared service for the performance of the missions entrusted to him.

IV. - In order to enable the pooling of resources relating to the competences mentioned in II of Article L. 5219-1 and subject to the declaration of a metropolitan interest, the Greater Paris metropolitan area and its territorial public establishments or the municipality of Paris may acquire assets that they share according to the terms and conditions set out in a regulation for making assets available.

In order to enable the pooling of resources relating to the competences mentioned in I of Article L. 5219-5 and subject to the declaration of a territorial interest, the territorial public establishments of the Greater Paris metropolitan area and their member communes may acquire assets that they share in accordance with the terms and conditions set out in a regulation for the provision of assets.