Recording obligation for S 1 installations and work

The question of whether genetic engineering work at safety level 1 is also subject to the recording requirements under the Genetic Engineering Recording Ordinance repeatedly arises during continuing education events. The background to this is that the legislature assesses safety level 1 facilities and work in such a way that no risk to human health or the environment is to be expected (Section 7 (1) No. 1 GenTG).
Nevertheless, according to Section 1 of the GenTAufzV, there is a record-keeping obligation for all genetic engineering work and releases. This also applies to work that is subject to notification or registration, as well as to other genetic engineering work at safety level 1, which is even exempt from licensing under Section 9 (1) of the GenTG. According to the legislator's intention, the record-keeping obligation is intended to ensure effective monitoring by the competent authority and, at the same time, to encourage operators to take the necessary measures for their own responsibility to avert hazards and prevent risks. This is evident from the legislator's official justification. The purpose is to create the information necessary for hazard prevention and risk prevention through accurate bookkeeping, so that the record-keeping obligation applies even to further work at safety level 1.

This publication can also be found on the website of the law firm Dr. Kauch .