Fictional effect in the Infection Protection Act (IFSG)?

Dr. Petra Kauch

Under the GenTG, plant operators benefit from the fictional effect of Section 12 Paragraphs 5 and 5a GenTG. But does this also apply to other laws?

If the operator submits a notification or application for a genetic engineering facility or genetic engineering work, they do not have to wait for an official decision. Rather, it is stipulated in their favor that they can begin construction of the genetic engineering facility or genetic engineering work immediately in the case of a notification, and 45 days after receipt of the notification/application in the case of an application. Such a fictitious effect is largely unknown in other laws, with the exception of some state building regulations. For example, the permit required for handling human pathogens under Section 44 Para. 1 IFSG (German Federal Infection Control Act) must be awaited. This is an administrative act that is only confirmed after service and expiration of the appeal period. Since the permit under Section 44 IFSG is also a regulation of genetic engineering law, which must also be taken into account in a genetic engineering facility when handling human pathogens, it is important to keep different time frames in mind. This also applies to the notification pursuant to Section 49 of the IFSG (Infectious Diseases Act), which requires the operator to provide 14 days' notice of the actual commencement of the activity. Here, too, the deadline must be met after the work has been notified to the authority responsible for health protection. The aforementioned principles also apply to the handling of animal and plant pathogens. The relevant regulations also do not contain the fictitious effects known from the GenTG (Genetic Technology Act), so the issuance of a notice must be awaited in each case.

Back to blog

More articles in the AGCT Genetic Engineering report