Fines for the project manager’s duties

Let us reiterate: If a task or its failure to comply with it is not subject to a fine, it cannot be punished with a fine. Section 14 Paragraph 1 No. 1 GenTG stipulates that the project manager, upon appointment, is responsible for observing the protective provisions of Sections 8-13 GenTSV as well as the regulations on epidemics, animal disease control, animal welfare, species protection and plant protection. The reference to Sections 8-13 GenTSV is particularly far-reaching. This means that the general protective obligations and occupational health and safety as well as the technical and organizational safety measures for laboratory and production areas and for the keeping of plants in greenhouses and laboratory animals in animal holding rooms are transferred to the project manager, as are the observance of occupational safety measures and the obligation to inform employees and compliance with the requirements for wastewater and waste treatment. We have already reported in detail on the specific provisions of Section 14, Paragraph 1, No. 1 of the Genetic Engineering Act (GenTG) in our newsletter (AGCT-Gentechnik.report 11.2017, dated November 30, 2017). Neither Section 38 of the Genetic Engineering Act nor Section 20 of the Genetic Engineering Ordinance (GenTSV) contain a fine for a violation of Section 14, Paragraph 1, No. 1 of the Genetic Engineering Act. Therefore, the Genetic Engineering Authority cannot impose a fine on these grounds. The legislature therefore does not consider a violation of these provisions to constitute conduct that is subject to a fine.