“Immediately”, “regularly”, “annually”, “immediately” – time specifications in the GenTG

The GenTG contains numerous time specifications such as "Immediately," "regularly," "annually," and "immediately" are vague legal terms that are not immediately understandable. They are used in various legal contexts and not only in connection with the obligations of the three functional units (operator, project manager (PL), and biosafety officer (BBS)), but also, to some extent, for the competent authorities.

The individual time specifications will be explained in more detail in an AGCT Genetic Engineering report series. We have already defined the term "immediately" in the AGCT Genetic Engineering. Report 01/2024 and “regularly” in AGCT Genetic Engineering. Report 02/2024 explained. Today, the term "annual." In the next AGCT Genetic Engineering report 04/2024 is then followed by the term “immediately”.

The term “annual” comes in the GenTG only in connection with the Central Commission for Biological Safety (ZKBS). According to Section 4 (4) of the GenTG, the ZKBS is required to provide the public with general information about its work annually.

In contrast, the term “annual” in the GenTSV also in connection with the duties of the three responsible persons: Although there is no annual obligation for the Operator But the PL must instruct employees assigned to genetic engineering work before their first employment and at least once a year thereafter (Section 17, Paragraph 4, Sentence 2 of the GenTSV). Likewise, employees who have been granted a permanent permit for testing, maintenance, cleaning, modification, or demolition work must be instructed annually (Section 18, Paragraph 5, Sentence 2 of the GenTSV). Finally, the term annually is used in connection with the tasks of the BBS mentioned. According to Section 31, Paragraph 2 of the GenTSV, the BBS submits an annual written report to the operator on the measures taken and planned based on the inspection. Accordingly, the term is relevant for both the PL and the BBS.

The term "annual" is not defined in the law. A "borrowing" from the Occupational Safety and Health Act (ArbSchG) is not possible simply because it only refers to regular, not annual, training (Section 12 (1) (4) ArbSchG).

In common parlance, "annual" means recurring every year, once every year, once within a 12-month period, i.e., at some point during the year. "Year" does not mean the calendar year, as the calendar year runs until December 13th, so a period outside of 12 months is also possible. For so-called repetition intervals, such as in radiation protection training according to Section 63, Paragraph 1, Sentence 3 of the Radiation Protection Ordinance (StrlSchV), this means every 12 months or before the end of 12 months.

This can also be justified by the provisions of the German Civil Code (BGB): However, there is a provision in Section 191 of the BGB for the Calculation of periods of time . This means that if a period of time is determined in months or years, the year is calculated as 365 days. This in turn means that an annual action would have to be carried out within 365 days. Furthermore, there is a provision in the German Civil Code (BGB) that specifies how a Deadline is to be determined. According to Section 188 Paragraph 2 of the German Civil Code (BGB), a period of time determined in weeks, months or a period of several months - a year, half a year, a quarter - ends in the case of Section 187 Paragraph 1 of the German Civil Code (BGB) with the expiration of that day of the last week or month which, by its name or number, corresponds to the day in which the event or the time occurs, in the case of Section 187 Paragraph 2 of the German Civil Code (BGB) with the expiration of that day of the last week or month which precedes the day which, by its name or number, corresponds to the starting day of the period. For the calculation of the Start of the deadline Section 187 of the German Civil Code (BGB) is also relevant. According to this, if an event or a point in time within a day is decisive for the start of a period, the day on which the event or point in time occurs is not included in the calculation of the period. If the start of a day is the decisive point in time for the start of a period, this day is included in the calculation of the period. Both provisions lead to the conclusion that the decisive event for the instruction pursuant to Section 17 Paragraph 4 Sentence 2 GenTSV and also the decisive event for the BBS report is the day of the last instruction or the submission of the last BBS report. Even if this day is not counted, 365 days remain if the next BBS report or the next instruction is to be given annually. At most, 366 days remain in leap years.

Conclusion: This means that the process must be repeated annually within 365 days.

The principle applicable to limitation periods, according to which the end of a year is decisive, does not apply to the term “annually”.