L 166/6 Official Journal of the European Communities 25.6.2002 COMMISSION REGULATION (EC) No 1096/2002 of 24 June 2002 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 2002 to 28 February 2003 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (*), as amended by Commission Regulation (EC) No 680/2002 (%), and in particular Article 23(2) and Article 39(6) thereof, Whereas: (1)  Article 39 of Regulation (EC) No 1260/2001 lays down that, during the 2001/02 to 2005/06 marketing years and in order to ensure adequate supplies to Community refineries, a special reduced duty is to be levied on im- ports of raw cane sugar originating in States with which the Community has concluded supply arrangements on preferential terms. At present such agreements have been concluded by Council Decision 2001/870/EC () with the ACP States party to Protocol No 3 on ACP sugar (%) at- tached to Annex V to the ACP-EC Partnership Agree- ment, and with the Republic of India. (2)  The quantities of special preferential sugar to be im- ported are calculated in accordance with the said Article 39 on the basis of a Community forecast supply balance. The balance indicates the need to import raw sugar and to open for the 2002/03 marketing year tariff quotas at the special reduced rate of duty as provided for in the above agreements so that the Community refineries’ sup- ply needs can be met for part of the year. In view of the forecasts for raw cane sugar production which are now available for the 2002/03 marketing year and as a result of the presumed maximum refining needs fixed by Mem- ber State and the shortfall resulting from the forecast supply balance, provision should be made to authorise imports for each refining Member State for the period 1 July 2002 to 28 February 2003. (3)  The agreements concluded by Decision 2001/870/EC lay down that the refiners in question must pay a minimum purchase price equal to the guaranteed price for raw su- gar, minus the adjustment aid fixed for the marketing year in question. This minimum price must therefore be fixed by taking account of the factors applying in the 2002/03 marketing year. () OJL 178, 30.6.2001, p. 1. () OJ L 104, 20.4.2002, p. 26. () OJ L 325, 8.12.2001, p. 21. ( OJ L 317, 15.12.2000, p. 267. (4)  The measures provided for in this Regulation are in ac- cordance with the opinion of the Management Commit- tee for Sugar, HAS ADOPTED THIS REGULATION: Article 1 The following quotas are opened for the period 1 July 2002 to 28 February 2003 pursuant to Decision 2001/870/EC in re- spect of imports of raw cane sugar for refining falling within CN code 1701 11 10: (a) a tariff quota of 173 200 tonnes expressed as white sugar originating in the ACP States covered by that Decision, bearing the serial number 09.4097, and (b) a tariff quota of 10 000 tonnes expressed as white sugar originating in India, bearing the serial number 09.4097. Article 2 1. The special reduced duty per 100 kg of standard-quality raw sugar applying to imports of the quantities referred to in Article 1 shall be EUR 0. 2. The minimum purchase price to be paid by Community refiners for the period referred to in Article 1 shall be EUR 49,68 per 100 kg of standard-quality raw sugar. Article 3 The following quantities expressed as white sugar may be im- ported by the Member States under the quotas referred to in Article 1 and on the terms laid down in Article 2(1): (a) France 3 000 tonnes; (b) Finland 35 000 tonnes; (c) mainland Portugal 125 000 tonnes; (d) United Kingdom 20 200 tonnes. Article 4 This Regulation shall enter into force on the day of its publica- tion in the Official Journal of the European Communities. It shall apply from 1 July 2002.