Conflicts between PL and BBS? Section 19, paragraph 4 of the GenTSV regulates one case!

As early as 1990, the legislature considered the possibility of a conflict arising between the PL and the BBS. The PL is the person responsible for genetic engineering work in the facility (Section 3 No. 8 GenTG). The BBS is responsible for monitoring the fulfillment of these tasks and advising the operator (Section 3 No. 9 GenTG). This allocation of tasks already contains a potential for conflict. Section 19 Paragraph 4 GenTSV stipulates, at least in the event of a conflict, that the BBS must be heard by the management/decision-making authority. Accordingly, the operator must ensure that the BBS can present its suggestions or concerns directly to the "decision-making authority" if it cannot reach agreement with the PL and the BBS considers a decision by this authority necessary due to the particular importance of the matter. It should be clarified that the decision-making authority is not the supervisory or licensing authority. Rather, what is meant is that the BBS must be able to present the conflict and the possible solution within the operator's organization to the bodies responsible for making the decision. Who this is specifically within a company/research institution cannot be determined in the abstract. It is conceivable that the PL and the BBS have entered into a dispute over an issue of technical equipment or personal protective equipment. In this case, the regulation stipulates that the BBS can then present its suggestions or concerns directly to the decision-making body. The operator's system is intended to ensure that the BBS's suggestions or concerns are also heard internally by those who ultimately have to decide on the issue, in this case the acquisition of material resources. This follows from the factual connection to Section 19 Paragraph 3 GenTSV, according to which the operator must obtain an opinion from the BBS before procuring facilities and operating resources, take it into account and submit it to the body that decides on the procurement.