The works concession contract or the contract granting a public service concession may also include an option for the assets belonging to the concessionaire that are not required for the operation of the public service to be taken back by the granting public entity at the end of the contract, in return for a price agreed between the parties or, where applicable, free of charge.
Holders of concession contracts concluded with the State, local authorities and public establishments shall send their invoices in electronic form. This article does not apply to defence or security concession contracts.
The State, local authorities and public establishments accept invoices sent in electronic form by the holders of concession contracts referred to in Article L. 3133-1.
Without prejudice to article L. 3133-2, the concession-granting authorities accept invoices that comply with the electronic invoicing standard defined by regulation and sent in electronic form by concession contract holders.
Articles L. 3133-2 and L. 3133-3 do not apply to defence or security concession contracts when their award and performance are declared secret or must be accompanied by special security measures.
The terms and conditions for the application of this sub-section, in particular the essential elements that electronic invoices must contain, shall be defined by regulation.
A shared solution, made available by the State and known as the “public invoicing portal”, enables invoices to be submitted, received and transmitted in electronic form. For the implementation of the obligations resulting from sub-section 1 of this section, the following use the public invoicing portal: 1° The State, local authorities and public establishments; 2° Holders of concession contracts concluded with a conceding authority mentioned in 1°.
This sub-section does not apply to invoices issued in performance of concession contracts entered into by: 1° The State and its public establishments in the event of national defence or security imperatives; 2° The Caisse des dépôts et consignations; 3° The public establishment mentioned inArticle L. 2142-1 of the Transport Code; 4° SNCF, SNCF Réseau and SNCF Voyageurs.
Detailed rules for the application of this subsection shall be laid down by regulation.
Contracting authorities, including where they act as contracting entities, shall pay the sums due in principal under a concession contract within a period provided for therein or, failing that, within a period laid down by regulation, which may differ according to the category of contracting authority.Where a period for payment is provided for in the concession contract, it may not exceed the period laid down by regulation.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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