25. 7. 87 Official Journal of the European Communities No L 204/1 (Acts whose publication is obligatory) COMMISSION REGULATION (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food aid policy and food aid management ('), and in particular Article 5 thereof, Whereas Council Regulation (EEC) No 3972/86 provides for the laying down of rules for the mobilization of the products to be supplied as Community food aid ; whereas the procedures must be specified in the case of mobiliza- tion within the Community itself ; Whereas the most appropriate procedure for ensuring that mobilization and supply costs are set at the optimum level, and for ensuring equality of access for firms in the Community, is the issue of an invitation to tender; whereas, however, provision should be made for the conclusion of contracts by direct agreement in view of the need for flexibility and speed in certain circumstances ; whereas, however, experience may reveal the need to prohibit on a temporary or permanent basis, participation in tendering procedures by firms which have committed a flagrant and serious infringemment of their obligations arising from a previous food aid supply operation ; i Whereas it should be made clear that the arrangements for mobilizing products, and in particular for mobilizing products from the stocks held by the intervention agen- cies, are adopted in the context of the Community rules on trade in the products concerned ; whereas it should also be made clear that tenders for the supply are deemed to have been established without including amounts equi- valent to export refunds or levies or the other compensa- tory amounts (monetary or accession) laid down by the relevant Community regulations, given that these amounts will be paid or collected on export from the () OJ No L 370, 30. 12. 1986, p. 1. Community or in certain cases in intra-Community trade ; * Whereas experience in recent years has shown that it is often inappropriate to apply in the context of Community food aid the international trading practices known as supply cif ; whereas, given in particular the undertakings given by the Community to the recipients, provision should be made for supply free-at-port-of-landing, with the successful tenderer personally bearing the risks connected with the supply up to the port of landing stipulated by the recipient, the goods being landed or not landed, as the case may be; : Whereas having regard to' the obligations laid upon the successful tenderers, which are of a specific nature or even depart from normal commercial practices, it is not in the interests of clarity or legal security to make general use of commercial terminology, notably as found in Incoterms ; Whereas in the case of supply free at a Community port of shipment, the possible connection by sea transport with the country of destination which the tenderer must allow for in indicating a port in his tender may include a maximum of one transhipment in the Community; whereas in the context of Community food aid it is inconceivable that the recipient should have to bear the costs and risks involved in several transhipments; Whereas in the caseof supply free-at-port-of-landing or supply free-at-destination, past experience and, in parti- cular, the excessive costs repeatedly proposed for sea transport, and indeed subsequent overland transport, make it desirable for the Commission to keep open the option of awarding the contract for a different stage of supply from that stated in the notice of invitation to tender ; whereas, in order to allow the Commission to make a correct judgment of these items in the tender in the light of prices quoted on the freight market, it is desi- rable to lay down that the tenderer should make several bids for different stages of supply;