17. 12. 97 Official Journal of the European Communities L 346/23 COMMISSION REGULATION (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilization of products to be supplied under Council Regulation (EC) No 1292/96 as Community food aid THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid manage- ment and special operations in support of food security (), and in particular Article 22 thereof, Whereas in the light of experience it is appropriate to amend 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 Com- munity food aid (¥), as amended by Regulation (EEC) No 790/91 (*); whereas in the interests of clarity Regulation (EEC) No 2200/87 should be recast; Whereas it is appropriate to reaffirm the importance of equal access for all to the supply operation; whereas an invitation to tender offers the same safeguards as a pro- cedure for awarding contracts; Whereas the mobilization of products from outside the Community should be placed within the framework of a Regulation; whereas in view of such inclusion, it is appro- priate to indicate that, having regard to the specific ob- ligations or even departures from normal commercial practices, no general reference is made to Incoterms; Whereas it is appropriate to allow international and non- governmental organizations which are themselves the beneficiaries of such aid to procure on the Community market or from outside the Community the products to be supplied as aid; Whereas it is appropriate to allow an undertaking or body to be authorized to carry out all or part of a food aid operation; Whereas it should be possible for the direct agreement - contract procedure to be used in particular and justified circumstances; Whereas it is necessary to provide that products to be delivered free at destination may, in some cases, only be transported overland in view of the new countries receiv- ing food aid, in particular those of the Caucasus and Central Asia; ( L 166, 5. 7. 199, p. 1. () O] L 204, 25. 7. 1987, p. 1. ( L 81, 28. 3. 1991, p. 108. Whereas it may be appropriate for products to be supplied ex works or free carrier for some food aid benefi- ciaries; Whereas the mobilization procedures should be as flex- ible as possible in order to cover all the situations to which Community food aid operations have to respond,; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Food Aid and Food Security Committee, HAS ADOPTED THIS REGULATION: CHAPTER 1 General provisions Article 1 1. Where a decision has been taken to mobilize products for the purposes of a Community operation under Regulation (EC) No 1292/96, the procedures laid down in this Regulation shall apply. 2. This Regulation shall apply to goods to be supplied: — ex works or free carrier, or — free at port of shipment, or — free at port of landing, or — free at destination. 3. Where the purchases are effected in the recipient countries themselves, the Commission may adopt special provisions, to be laid down in the tender notice provided for in Article 6, to take account of the customs of the countries and their operators. Article 2 1. Participation in the tender procedures provided for under this Regulation shall be open on equal terms to any natural or legal person, hereinafter called ‘undertaking’, — from the Community pursuant to Article 58 of the Treaty,