Obligation to publish notices

The Genetic Engineering Procedure Ordinance plays a rather minor role in practice, as operators and project managers use the model forms for notifications, applications, and permits. However, they should be aware that permits for the construction, operation, or significant modification of a genetic engineering facility, for further genetic engineering work, or releases granted without a hearing must be made public (Section 12, Paragraph 1, Sentence 2 of the Genetic Engineering Procedure Ordinance). This applies to both commercial genetic engineering facilities at safety level 2 and to genetic engineering facilities at safety level 3 and above. Public announcement means that the granting of the aforementioned permits must be published in the official gazette of the local municipality, in the local daily press, and, if applicable, on the Internet. In these procedures, public announcement replaces the delivery of the permit to affected third parties and associations. The purpose of publication is to ensure that this group of people is aware of the permit for a genetic engineering facility. This is particularly important if the affected parties have not been heard beforehand. If the publication is correct, a shortened appeal period of one month – instead of the usual one year after the date of knowledge – is triggered. This has the advantage for the plant operator that the permit becomes final after the one-month period has expired if no appeal has been filed. This also ensures legal certainty.

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