Fines for the project manager’s duties

We reiterate: If a task or its failure to comply with it does not constitute an offense punishable by a fine, it cannot be punished with a fine. In this respect, it is worthwhile to compare Section 14 of the GenTSV and Section 38 of the GenTG.

Section 14 paragraph 1 no. 9 GenTSV stipulates that the project manager is responsible for ensuring that a competent person is regularly present and generally available during releases.

Regardless of the fact that this provision currently has little practical relevance due to the lack of releases, Section 38 of the Genetic Engineering Act (GenTG) does not provide for a fine for the lack of presence and general availability of a competent person during releases. Section 20 of the GenTSV, in its current version, also does not provide for a fine for the lack of presence and availability of a competent person during releases. Therefore, the genetic engineering authority cannot impose a fine on the project manager if a competent person is absent or unavailable during releases.