170 TOURISM LAW IN EUROPE account for the calculation of the number of territorial councillors who will be able to sit in both the general and regional councils. On the other hand, changes to the general clauses on the competences of territorial authorities6 designed to avoid competition between territorial authorities could have had an impact on this sector. However, the Law of 16 December 2010 had provided that competences in the field of tourism, as in the field of sport or culture, would continue to be shared. However, the NOTRe law has organised a transfer of competences to the inter-municipal level. Reform of 2015: This law confirmed the rise in power of the regions and intercommunalities, but without going as far as envisaged during the parliamentary debates, and in particular without making the region the leader in tourism. It was decided to give priority to the communities of communes and agglomerations7. Thus, the regions retain the economy and the major strategic orientations. The department remains competent for rural and social tourism. Promotion becomes the compulsory competence for classified resorts as of 1 January 2017. There are therefore no major changes8. The only real change is brought about by Article 68 of Law No. 2015-991 of 7 August 2015 on the new territorial organisation of the French Republic: Article L. 134-1: “the community of communes, the agglomeration community, the urban community, the metropolis or the Lyon metropolis shall exercise, as of right, in place of its member communes, under the conditions provided for, respectively, in Articles L. 5214-16, L. 5216-5, L. 5215-20 and L. 5215-20-1, L. 5217-2 and L. 3641-1 of the French General Code of Territorial Authorities: 1) The competence in terms of creation, development, maintenance and management of tourist activity zones; and 2) The competence in terms of promotion of tourism, including the creation of tourist offices as of 1 January 2017”. However, it should be noted that destination contracts could be a tool enabling local actors to work in a more concerted manner, including with local actors. 6 Code général de collectivités territoriales, art. L. 3211-1 and L. 4221-1 for departments and regions; Pontier, J.-M., “Requiem pour une clause générale de compétence?”. 7 Maurel T. and Dyens S., “Les vicissitudes de la compétence “tourisme” dans la loi NOTRe”, JT no. 179/2015, p. 20. 8 Devès, C., “Tourisme et reforme territoriale: “encore du flou””, JT 168/2014, p. 3; Royer E., “Pas de grands changements”, JT 178/2015, p. 9.
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