Why is off-farm transport of GMOs not a release?

This logic is initially compelling, since we always assume that a genetic engineering facility is a closed system that is abandoned in the event of off-site transport. Accordingly, off-site transport of GMOs could actually constitute a release.

However, the off-farm transport of GMOs is, on the one hand, covered by the concept of placing on the market in Section 3 No. 6 GenTG. According to this, transit traffic under customs supervision is not considered placing on the market (Section 3 No. 6a GenTG). The same applies to making available to third parties, delivery, and introduction into the scope of the GenTG for the purpose of an approved clinical trial (Section 3 No. 6b GenTG). Furthermore, off-site transport is also not subject to Release . A release is the deliberate introduction of GMOs into the environment, unless a permit has been granted for placing them on the market for the purpose of later introduction into the environment (Section 3 No. 5 GenTG). In any case, a deliberate introduction of GMOs into the environment does not occur in the case of off-site transport if the GMOs originate from a genetic engineering facility and are also transported back to a genetic engineering facility. This makes it clear, first of all, that the GenTG does not apply to the off-site transport of GMOs, as there is neither genetic engineering work nor a genetic engineering facility, and there is also no release and no placing on the market. However, the GenTG only falls within the scope of application (Section 2 Paragraph 1 GenTG) if there is either a genetic engineering facility, genetic engineering work, a release of GMOs or the placing on the market of products that contain or consist of GMOs. This is also logical for the transport of GMOs from one genetic engineering facility to another, since the closed system itself does not have to be left during transport, even if GMOs remain under lock and key during transport.

But how is off-site transport regulated? The law governing the transport of dangerous goods (Gefahrgutbeförderungsgesetz - GGBefG) applies. This law is supplemented by numerous legal regulations and requirements of European law. These transport regulations, which also contain specific requirements for the transport of GMOs, ensure that GMOs are not released during transport. Transport law is not subject to the Gen TG and therefore not to the Genetic Engineering Authority. It falls under the jurisdiction of customs. The regulations do not explicitly authorize the transport of GMOs. Rather, the off-site transport of GMOs is the sole responsibility of the sender. Failure to comply with the regulations governing the transport of dangerous goods is ultimately regulated and sanctioned only by the dangerous goods transport law.