The PL can also be the addressee of a provisional order!

In fact, the fines are primarily directed at the operator. Violations of licensing regulations, errors in risk assessment, and inadequate record keeping are primarily treated as fines. Accordingly, the legislature assumes that fines are generally not oriented toward PL or BBS. However, this may be different in a specific case where, as part of a surveillance exercise, an immediately enforceable order is verbally issued to the PL. This is then an immediately enforceable order pursuant to Section 26 of the Genetic Engineering Act (GenTG), which the PL must then comply with. Failure to comply with this immediately enforceable order would constitute conduct subject to a fine pursuant to Section 38 (1) No. 8 of the Genetic Engineering Act. In this exceptional case, the PL may exceptionally be the addressee of Section 38 Paragraph 1 No. 8 GenTG, since at this point he/she is responsible for the implementation of the enforceable official requirement/order under the penalty law. The Bavarian Higher Regional Court already ruled this in 1997 (BayObLG NJW 1997, 1020 ff.).

However, this requires, firstly, that such an order is actually issued directly to the project manager, for example, as part of an official inspection. As a rule, such orders are issued in writing to the operator and not verbally to the project management. Secondly, the project management would then have to disregard this order with twice the criminal intent. If the authority then determines this, it could impose a fine on the project management in this exceptional case.