1.6 Can a name specified owing to mandatory statutory provisions – in addition to specification of a different producer under packaging law – lead to non-applicability of section 3 (9) VerpackG?
Mandatory specification of names owing to other legal provisions that are not related to producer status under packaging law cannot on their own rule out application of section 3 (9) VerpackG. Section 3 (9) VerpackG must be applied if the other requirements are met.
For transparency reasons, however, the legal provision that requires additional names should be specified, for example: "Responsible person under the KosmetikV: [name]".
Additional names specified that differ from the producer under packaging law may be mandatory in part owing to legal provisions, e.g. under the Kosmetikverordnung (Cosmetics Ordinance – KosmetikV). They do not lead to non-applicability of section 3 (9) VerpackG if the additional name attribution bears no relevance under packaging law.