“Immediately”, “regularly”, “annually”, “immediately” – time specifications in the GenTG
Dr. Petra Kauch
What do the time specifications in the GenTG and the related legal regulations actually mean? – Part 4: "immediately" –
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The GenTG contains numerous time references such as " immediately ," " regularly ," " annually ," and " immediately ," which, as vague legal terms, 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 biological safety officer (BBS)), but also, to some extent, for the competent authorities.
The individual time specifications will be explained in more detail in an AGCT-Gentechnik. report series, today using the term "immediately". The term "immediately" does not appear at all in the GenTSV and only once in the GenTG. Section 12 Paragraph 5a Sentence 1 GenTG stipulates that the operator can begin constructing and operating the genetic engineering facility and carrying out initial genetic engineering work in the case of safety level 1, as well as carrying out further genetic engineering work in the case of safety level 2, immediately after receipt of notification by the competent authority. In terms of content, this is the legal fiction of the legality of operating an S1 facility and further S2 work. For both, legality occurs "immediately" after receipt of notification by the competent authority. The term "immediately" is not defined in the Gen TG.
In common parlance, “immediately” means immediately after a specific event or without delay. The relevant specific event here is the receipt of the notification by the competent authority. The term “without delay” implies that legality occurs the moment the notification is received by the competent authority. A time delay, such as legality only becoming legal the following day, cannot be inferred from the term. Nor can the use of the term “immediately” imply any connection to the competent authority’s knowledge. In legal terms, this means that legality occurs the moment the notification reaches the licensing authority in such a way that it can be taken note of.
