Article 1 Definitions

For the purposes of this Regulation, the following definitions shall apply:

1. 1..

   ‘plant protection products’: active substances and preparations containing one or more active substances, put up in the form in which they are supplied to the user, intended to:

   1. (a)

      protect plants or plant products against all harmful organisms or prevent the action of such organisms, in so far as such substances or preparations are not otherwise defined below;

   2. (b)

      influence the life processes of plants, other than as a nutrient (e.g. plant growth regulators);

   3. (c)

      preserve plant products, in so far as such substances or products are not subject to special F1... provisions on preservatives;

   4. (d)

      destroy undesirable plants; or

   5. (e)

      destroy parts of plants, check or prevent undesirable growth of plants;

2. 2..

   ‘substances’: chemical elements and their compounds, as they occur naturally or by manufacture, including any impurity inevitably resulting from the manufacturing process;

3. 3..

   ‘active substances’: substances or micro-organisms including viruses, having general or specific action:

   1. (a)

      against harmful organisms; or

   2. (b)

      on plants, parts of plants or plant products;

4. 4..

   ‘preparations’: mixtures or solutions composed of two or more substances, of which at least one is an active substance, intended for use as plant protection products;

5. 5..

   ‘plants’: live plants and live parts of plants, including fresh fruit and seeds;

6. 6..

   ‘plant products’: products in the unprocessed state or having undergone only simple preparation such as milling, drying or pressing, derived from plants, but excluding plants themselves as defined in point 5;

7. 7..

   ‘harmful organisms’: pests of plants or plant products belonging to the animal or plant kingdom, and also viruses, bacteria and mycoplasmas and other pathogens;

8. 8..

   ‘product’: the active substance as defined in point 3 or combination of active substances of a plant protection product;

9. 9..

   ‘basic patent’: a patent which protects a product as defined in point 8 as such, a preparation as defined in point 4, a process to obtain a product or an application of a product, and which is designated by its holder for the purpose of the procedure for grant of a certificate;

10. 10..

    ‘certificate’: the supplementary protection certificate;

11. 11..

    F2‘comptroller’ means the Comptroller-General of Patents, Designs and Trade Marks;

12. 12..

    ‘court’ means—

    1. (a)

       as respects England and Wales, the High Court;

    2. (b)

       as respects Scotland, the Court of Session;

    3. (c)

       as respects Northern Ireland, the High Court in Northern Ireland;

13. 13..

    ‘EEA authorization’ means an authorization to place a plant protection product on the market which has effect in an EEA state in accordance with Regulation(EC) No 1107/2009;

14. 14..

    ‘patent’ means a patent which has effect in the United Kingdom;

15. 15..

    F3“GB authorisation” means an authorisation, to place a plant protection product on the market in England and Wales and Scotland, granted or having effect as if granted under Regulation (EC) 1107/2009;

16. 16..

    “NI authorisation” means an authorisation, to place a plant protection product on the market in Northern Ireland, granted or having effect as if granted in accordance with Regulation (EC) 1107/2009 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

17. 17..

    “prescribed” means prescribed by rules under section 123 of the Patents Act 1977.