{
  "url": "https://openlegislation.uk/eu-regulation-2016-1238/article-2",
  "json_url": "https://openlegislation.uk/eu-regulation-2016-1238/article-2.json",
  "legislation": "eur/2016/1238",
  "legislation_title": "Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2016-1238",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Eligibility of operators",
  "text": "1. Operators shall be established and registered for VAT purposes in the United Kingdom in order to submit:\n(a) an offer or a tender for the buying-in, or a tender for the selling, of products under public intervention; or\n(b) a tender for aid for private storage or an application for aid for private storage fixed in advance.\n2. In the case of buying-in of beef, only the following operators referred to in paragraph 1 may submit tenders:\n(a) slaughterhouses for bovine animals approved in accordance with Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council;\n(b) livestock or meat traders who have slaughtering undertaken therein on their own account.\n3. In the case of aid for private storage, only the following operators referred to in paragraph 1 may apply or submit tenders:\n(a) in the olive oil sector, operators who fulfil the requirements laid down in Annex VII;\n(b) in the sugar sector, operators who are sugar manufacturers.\n4. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.\n5. This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.\n6. This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 2(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(3); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Art. 2(4) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 8(2) (with reg. 10)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 2(5) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 8(2) (with reg. 10)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Art. 2(6) inserted (W.) (16.2.2026) by The Closure of European Union Legacy Agriculture Schemes (Wales) Regulations 2026 (W.S.I. 2026/44), regs. 1(2), 9(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2016/1238/article/2",
    "retrieved_at": "2026-11-01T14:45:40.011432+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}