7.2.2004 Official Journal of the European Union L 36/17 COMMISSION REGULATION (EC) No 219/2004 of 6 February 2004 concerning tenders submitted in response to the invitation to tender for the export to certain third countries of wholly milled round grain A rice issued in Regulation (EC) No 1875/2003 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (1), as last amended by Commission Regulation (EC) No 411/2002 (3, and in particular Article 13(3) thereof, Whereas: (1) An invitation to tender for the export refund on rice was issued under Commission Regulation (EC) No 1875/ 2003 (). (2)  Article 5 of Commission Regulation (EEC) No 584/ 75 (%), as last amended by Regulation (EC) No 1948/ 2002 (%), allows the Commission to decide, in accord- ance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, to make no award. (3) On the basis of the criteria laid down in Article 13 of Regulation (EC) No 3072/95 a maximum refund should not be fixed. (4)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Atrticle 1 No action shall be taken on the tenders submitted from 2 to 5 February 2004 in response to the invitation to tender for the export refund on wholly milled round grain A rice to certain third countries issued in Regulation (EC) No 1875/2003. Atticle 2 This Regulation shall enter into force on 7 February 2004. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 February 2004. 1 () OJ L 329, 30.12.1995, p. 18. () OJL 62, 5.3.2002, p. 27. () OJ L 275, 25.10.2003, p. 14. () OJL 61, 7.3.1975, p. 25. () OJL 299, 1.11.2002, p. 18. 5 For the Commission Franz FISCHLER Member of the Commission