Fines for the project manager’s duties

We reiterate: If a task or its non-compliance 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 GenTSV and Section 38 GenTG. Section 14 Paragraph 1 No. 2 GenTSV stipulates that the project manager, upon appointment, is responsible for compliance with

1. the 45-day deadline for registration/notification of S2 installations/works (§§ 8 para. 2, 12 para. 5 sentence 1 1 HS GenTG),
2. the 45-day period for notification of further S2 work (§§ 9 para. 2, 12 para. 5 GenTG)
3. an earlier deadline for the approval of an early start of construction or operation for S2 plants/works (Section 12 (5) Sentence 1 2 HS GenTG) or
4. the enforceability of the (alternatively possible) permit for the construction of S2 facilities/the start of further S2 work (§§ 8 para. 1 sentence 2, para. 2 sentence 2, 9 para. 2 sentence 2 GenTG) or
5. the enforceability of a partial permit for the construction of S2 plants/partial plants or the construction and commencement of a part of an S2 plant (partial permit) (Section 8 (3) GenTG) or
6. the enforceability of the permit for the construction of S3 and S4 plants/the start of further S3 and S4 works (§§ 8 para. 4, 9 para. 3 GenTG) or
7. the enforceability of the upgrade permit for further S3 and S4 work (Section 9 (4) GenTG).

Enforceability normally occurs one month after service of the approval if no appeal has been lodged.

Based on its wording, Section 38 GenTG does not contain any provision for imposing fines for compliance with deadlines (numbers 1-3 of the above list). Likewise, Section 38 GenTG does not contain any provision for imposing fines for non-compliance with the enforceability of permits (numbers 4-6 of the above list). Rather, the failure to obtain permits, notifications, or applications is subject to fines (Section 38 (1) Nos. 2-6b GenTG). However, according to the wording of Section 14 (1) No. 2 GenTSV, whether an approval decision has actually been obtained is not part of the project manager's statutory duties. Therefore, any ambiguities in the wording of the law must not be to the detriment of the project manager. Section 20 GenTSV also does not contain any provision for imposing fines for a violation of Section 14 (1) No. 2 GenTSV. Therefore, the genetic engineering authority cannot impose a fine on the project manager on these grounds. The legislature therefore does not consider a violation of the time limit and enforceability provisions to constitute conduct punishable by a fine.