Let's be honest! Who knows Section 67 of the Federal Immission Control Act?

Section 67 of the Federal Immission Control Act (BImSchG) is a transitional provision of the Federal Immission Control Act. It governs cases in which a permit was granted under the Federal Immission Control Act before there was a specific legal basis for doing so. Section 67, Paragraph 6 of the BImSchG stipulates, among other things, that a permit granted under the Federal Immission Control Act for a facility handling genetically modified microorganisms or genetically modified cell cultures, provided they contain biologically active, recombinant nucleic acid, remains in effect even after the entry into force of a law regulating issues relating to genetic engineering. The purpose of this provision was and is to ensure that genetic engineering facilities that were already used for industrial purposes before the Genetic Engineering Act came into force in 1990 and were approved on the basis of the Federal Immission Control Act are not subject to renewed approval under the Genetic Engineering Act upon its entry into force. Therefore, the regulation stipulates that the previously granted permit under the Federal Immission Control Act also continues to apply to such facilities. This is intended to ensure their material legality. In practice, this means that there may still be genetic engineering facilities today that do not have a permit under the Genetic Engineering Act. However, the old documents would then have to contain a permit under Sections 4 and 6 of the Federal Immission Control Act.

This publication can also be found on the website of the law firm Dr. Kauch .