PART 4MISCELLANEOUS OBLIGATIONS
CHAPTER 9MISCELLANEOUS PROVISIONS
F1Contractual provisions relating to the processing of electronic invoices113A
1
This regulation applies in respect of any public contract which has been awarded, or which is to be awarded, in accordance with Part 2.
2
A contracting authority must ensure that every contract which it awards contains a provision requiring the contracting authority to accept and process an electronic invoice submitted for payment by or on behalf of the contractor where the conditions in paragraph (3) are met.
3
The conditions are that—
a
the invoice is undisputed; and
b
the invoice complies with the standard on electronic invoicing.
4
To the extent that a contract which has been awarded does not contain express provision requiring the contracting authority to accept and process an electronic invoice where the conditions in paragraph (3) are met, a term to that effect is to be implied into the contract.
5
For the purposes of this regulation, an electronic invoice complies with the standard on electronic invoicing where it complies with—
a
the European standard, and
b
any of the syntaxes,
published in Commission Implementing Decision (EU) 2017/1870 as amended from time to time.
6
In this regulation, “electronic invoice” means an invoice which has been issued, transmitted and received in a structured electronic format which allows for its automatic and electronic processing.