Article 108 · Payments

1.Without prejudice to their obligations under Directive 2011/7/EU of the European Parliament and of the Council, public buyers shall ensure the timely payment of contractors and, where applicable, subcontractors.

2.As part of the conditions for the performance of the contract pursuant to Article 104, public buyers may provide that the contractors pass through the supply chain equivalent payment terms as laid down in the relevant provisions of Directive 2011/7/EU of the European Parliament and of the Council.

3.Member States shall provide, through the National Public Procurement Data Space (NPPDS), procurement information on payment status linked to each individual contract concerned pursuant to Article 134(4).

4.Member States shall make available procurement information on prompt payment compliance for each annual reporting period for each public buyer pursuant to Article 134(4).

5.In addition to Article 44(6), public buyers may provide for advance payments in the procurement detail, especially to encourage the participation of SMEs. Where the contract in question has particular relevance for the innovation considerations set out in Title II, Chapter 3 of this Part and unless justified by an overriding interest of the public buyer, public buyers shall provide for an appropriate advance payment to the contractor.

6.At the request of the subcontractor and where the nature of the contract so allows, the public buyer shall transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. Such measures may include appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement detail.