No L 81/108 Official Journal of the European Communities 28. 3. 91 COMMISSION REGULATION (EEC) No 790/91 of 27 March 1991 amending Regulation (EEC) No 2200/87 laying down general rules for the mobilization in the Community of products to be supplied as Community food THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, aid Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food aid policy and food aid management ('), as last amended by Regulation (EEC) No 1930/90 (%), and in particular Article. 5 thereof, Whereas Council Regulation (EEC) No 3972/86 provides for the laying down of rules for the mobilization of products to be supplied as Community food aid ; whereas the procedures must be laid down specifically to cover mobilization within the Community itself ; Whereas such rules wete enacted in Commission Regula- tion (EEC) No 2200/87 (*) ; whereas some of these rules need to be revised or clarified in order to ensure that they are unambiguous and effective in their application ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Food Aid Committee, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 2200/87 is hereby amended as follows : : 1. Article 18 (1) is replaced by the following: ‘1. The sum to be paid to the successful tenderer shall not exceed the amount of the tender plus any costs as provided for in Article 19, less any drawbacks provided for in paragraph 2 or sums forfeit as provided for in Article 22 (7). Where, in accordance with Article 7 (3) (h), the contract is awarded for the supply of a maximum quantity of a given product, the sum to be paid shall not exceed the sum indicated in the notice of invita- tion to tender, without prejudice to the application of () OJ No L 370, 30. 12. 1986, p. 1. () O] No L 174, 7. 7. 1990, p. 6. () OJ No L 204, 25. 7. 1987, p. 1. such drawbacks or forfeitures or payment of the costs provided for in Article 19. The payment to the successful tenderer shall be without prejudice to refunds or levies applicable on export or other amounts provided for in the rules governing trade in agricultural products. 2. Article 22 is replaced by the following: Article 22 The securities lodged pursuant to Articles 8 and 12 and Article 18 (5) shall either be released or be forfeit, as appropriate, in accordance with the provisions laid down in this Article. ) 1. The tendering security provided for in Article 8 shall be released : (a) by means of written telecommunication from the Commission where the tender is not valid within the meaning of Article 7 or has not been accepted, or where no contract has been awarded pursuant to Article 9 (5) and (6); (b) when the successful tenderer has lodged the delivery security provided for in Article 12 (2). 2. The delivery security provided for in Article 12 shall be released in full by means of a communica- tion from the Commission when the successful tenderer : (a) has presented proof that the security provided for in Article 18 (5) has been lodged and the Commission has received the paper request for advance payment; : (b) has carried out the supply in compliance with all his obligations ; (c) has been released from his obligations pursuant to the third paragraph of point § of Article 13 and the second subparagraph of Article 19 (2); (d) has not carried out the supply for reasons of force majeure recognized by the Commission. 3. Save in cases of force majeure, the delivery security provided for in Article 12 shall be partially and cumulatively forfeit as follows, without prejudice to the application of point 7 of this Article: — in proportion to the percentage of the quantities not delivered, without prejudice to the tolerances referred to in Article 17 (4);