Should an S 1 system only be reported to the authorities when it starts operating?

In practice, this happens more often than expected. For example, when laboratories already exist as biomaterial laboratories and are then to be converted into a genetic engineering facility. But even in start-up centers or technology centers, genetic engineering facilities are often built without a project and thus "kept on standby."

However, this practice is highly risky. Construction and the Operation A genetic engineering facility requires approval. For the S3 area, the construction of a genetic engineering facility without approval is punishable (Section 39 (2) GenTG), not just its operation. Consequently, the approval procedure (notification) must be initiated before the facility is constructed—including S1 facilities. Strictly speaking, construction/change of use may only begin after notification has been received. The comparison with a single-family home may be helpful here. There, too, I cannot begin construction without a building permit. This also applies symbolically to genetic engineering facilities.

As a precaution, it should be noted that the public prosecutor's office of a federal state will initiate investigations into animal husbandry facilities and animal experiments if animal experiments begin before the relevant permit under the Animal Testing Animal Act has been obtained. Here, too, in practice, the actual permit is often not waited for – usually even in close consultation with the authorities. However, the authorities themselves have no control over this. If a criminal offense is involved and the public prosecutor's office becomes aware of it, it investigates and prosecutes independently of the licensing authorities.

These considerations should be taken into account if construction of the plant begins before the approval procedure has been completed.