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 (1) No. 7 of the Genetic Engineering Ordinance (GenTSV) stipulates that the project manager is responsible for ensuring that, in the event of a threat to the legal interests listed in Section 1 No. 1 of the Genetic Engineering Act (GenTG), appropriate measures are taken immediately to avert this threat. Section 38 of the Genetic Engineering Act (GenTG) does not provide for fines for errors or the failure to implement hazard-preventing measures by the project manager. Section 20 of the Genetic Engineering Ordinance also does not provide for fines for errors in implementing hazard-preventing measures by the project manager. Therefore, the genetic engineering authority cannot impose a fine on the project manager if the project manager fails to implement or inadequate hazard-preventing measures.