6. 7. 96 Official Journal of the European Communities No L 167/13 COMMISSION REGULATION (EC) No 1305/96 of 5 July 1996 opening import quotas in respect of special preferential raw cane sugar from the ACP States and India for supply to refineries in the period 1 July 1996 to 28 February 1997 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the market in sugar ('), as last amended by Commission Regu- lation (EC) No 1126/96 (3, and in particular Articles 14 (2) and 37 (6) thereof, Whereas Article 37 of Regulation (EEC) No 1785/81 lays down that, during the marketing years 1995/96 to 2000/01 and in order to ensure adequate supplies to Community refineries, a special reduced duty is to be levied on imports of raw cane sugar originating in States with which the Community has concluded supply arran- gements on preferential terms; whereas at present such agreements have been concluded by Council Decision 95/284/EC () only with the ACP States party to Protocol 8 on ACP sugar annexed to the Fourth ACP-EEC Lomé Convention, and with the Republic of India; Whereas the quantities of special preferential sugar to be imported are calculated in accordance with the said Article 37 of Regulation (EEC) No 1785/81 on the basis of a Community forecast supply balance; whereas the balance indicates the need to import raw sugar and to open at this stage for the 1996/97 marketing year a tariff quota at the special reduced rate of duty as provided for in the abovementioned agreements so that the Commu- nity refineries’ supply need can be met for part of the year; whereas the production forecasts for raw cane sugar are now available for the 1996/97 marketing year; whereas a tariff quota should be opened at this stage for part of the marketing year; whereas, because of the presumed maximum refining needs fixed by Member State and the shortfall resulting from the forecast supply balance, provi- sion should be made to authorize imports for each refi- ning Member State, for the period from 1 July 1996 to 28 February 1997, Whereas the above agreements lay down that the refiners in question must pay a minimum purchase price equal to () OJ No L 177, 1. 7. 1981, p. 4. () OJ No L 150, 25. 6. 1996, p. 3. {) O] No L 181, 1. 8. 1995, p. 22. the guaranteed price for raw sugar, minus the adjustment aid fixed for the marketing year in question; whereas this minimum price must accordingly be fixed by taking account of the factors applying in the 1996/97 marketing year; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, HAS ADOPTED THIS REGULATION: Article 1 The following tariff quotas are hereby opened for the period 1 July 1996 to 28 February 1997 under Decision 95/284/EC in respect of imports of raw cane sugar for refining: () 212 100 tonnes expressed as white sugar originating in the ACP States covered by that Decision; and (b) 10 000 tonnes expressed as white sugar originating in the Republic of India. Article 2 1. A special reduced duty of ECU 5,87 per 100 kg of standard quality raw sugar shall apply to imports of the quantities referred to in Article 1. 2. Article 7 of Commission Regulation (EC) No 1916/95 (*) notwithstanding, the minimum purchase price to be paid by the Community refiners shall be fixed for the period referred to in Article 1 at ECU 50,14 per 100 kg of standard quality raw sugar. Article 3 The following Member States are hereby authorized to import under the quotas referred to in Article 1 and on the terms laid down in Article 2 (1) the following shortfall expressed as white sugar: () OJ No L 184, 3. 8. 1995, p. 18.