Part 1: Internal and external emergency plans – do they exist and, if so, what are they for?

An attempt at clarification in two steps: Today, the external emergency plan. In the next AGCT-Gentechnik.report, the internal emergency plan will be discussed. The external emergency plan is the subject of the Genetic Engineering Emergency Ordinance (GenTNotfV) in the event of an accident. An accident is defined as any incident that results in a significant release of GMOs from the genetic engineering facility unintentionally by the operator. This can be assumed in the case of events such as floods, earthquakes, explosions, or similar events when the "closed system" is no longer sealed, but not when a test tube falls over under the MSW. If the facility is carrying out genetic engineering work at safety levels 2, 3, or 4, Section 5 (1) GenTNotfV regulates the reporting obligations of the operator—not the PL or BBS. The GenTNotfV does not stipulate any obligations for the PL and BBS. With regard to accident reporting, Section 5 of the GenTNotfV stipulates that the operator must immediately notify the competent authority in the event of an accident. They must provide the circumstances of the accident, the identity and quantities of escaped GMOs, all information necessary to assess the impact of the accident on protected legal interests, and the measures taken. For genetic engineering facilities in which genetic engineering work at safety levels 3 or 4 is carried out (not for S1 and S2 facilities), an external emergency plan must also be drawn up. This contains information and specifies organizational and safety measures. The competent authority, not the operator, is responsible for informing other authorities and affected institutions about the emergency plan without being requested to do so (Section 4 GenTNotfV). The GenTNotfallVO does not specify who the notification must be made to and to whom the external emergency plan must be sent. Accordingly, the external emergency plan must be submitted to the licensing authority as part of the approval procedure (authorization). In case of doubt, an accident report should be addressed to this authority, even if the supervisory authority is more familiar with the matter in the individual case. The internal emergency plan will then be drawn up in August.