GERMAN GOVERNMENT ALSO CONTENDS THAT BEFORE THAT REGULATION ENTERED INTO FORCE THE RULES APPLICABLE TO INDUSTRIAL SUBSTANCES ENSURED THAT THE RELEVANT PROVISIONS OF THE DIRECTIVE WERE FULLY EFFECTIVE .
16 ACCORDING TO THE FEDERAL GERMAN GOVERNMENT, PARAGRAPH 13*(1 ) OF THE 1980 LAW CONTAINS OBLIGATIONS ON LABELLING AND PACKAGING "IN ACCORDANCE WITH ESTABLISHED SCIENTIFIC KNOWLEDGE" WHICH APPLY NOT ONLY TO SUBSTANCES DEFINED IN THE ANNEX TO THE 1982 REGULATION BUT ALSO TO ANY OTHER DANGEROUS SUBSTANCES, THUS COVERING ALL DANGEROUS SUBSTANCES WITHIN THE MEANING OF ARTICLE 2*(2 ) OF THE DIRECTIVE . THIS PROVISION IS SUPPLEMENTED BY PARAGRAPH 14 OF THE SAME LAW, WHICH LAYS DOWN DETAILED REQUIREMENTS FOR PACKAGING AND LABELLING IN ORDER TO PROTECT THE LIFE AND HEALTH OF HUMANS AND THE ENVIRONMENT .
17 AS THE FEDERAL GERMAN GOVERNMENT HAS POINTED OUT, PARAGRAPH 13*(1 ) OF THE 1980 LAW IMPOSES AN OBLIGATION TO CLASSIFY, PACKAGE AND LABEL ALL DANGEROUS SUBSTANCES AND PREPARATIONS WITHOUT DISTINCTION . IT IS TRUE THAT THE FIRST SENTENCE OF PARAGRAPH 13*(1 ) PROVIDES FOR THE ADOPTION OF A REGULATION FOR THE CLASSIFICATION OF SUCH SUBSTANCES AND PREPARATIONS AND THAT SUCH A REGULATION HAS BEEN ADOPTED ONLY FOR INDUSTRIAL SUBSTANCES; HOWEVER, THAT PROVISION DOES NOT MAKE THE ADOPTION OF SUCH A REGULATION A PRECONDITION FOR GIVING EFFECT TO THE OBLIGATION IMPOSED . THAT IS CONFIRMED BY PARAGRAPH 14 OF THE SAME LAW, WHICH PRESCRIBES IN DETAIL THE NATURE OF THE PACKING AND THE LABELLING AND APPLIES TO ANY PERSON SUBJECT TO SUCH AN OBLIGATION .
18 IT MUST THEREFORE BE STATED THAT PARAGRAPH 13*(1 ) OF THE 1980 LAW TRANSPOSES THE GENERAL OBLIGATION PROVIDED FOR BY ARTICLES 15 AND 16 OF DIRECTIVE 79/831/EEC .
19 CONSEQUENTLY, THE COMMISSION' S COMPLAINT MUST BE DISMISSED AS UNFOUNDED .
ARTICLE 16*(2)*(F )
20 ARTICLE 16*(2)*(F ) PROHIBITS THE USE ON THE LABEL OR PACKAGING OF SUBSTANCES SUBJECT TO THE DIRECTIVE OF INDICATIONS SUCH AS "NON-TOXIC" OR "NON-HARMFUL ". ACCORDING TO THE COMMISSION, THIS PROHIBITION HAS NOT BEEN TRANSPOSED INTO GERMAN LAW .
21 THE FEDERAL GERMAN GOVERNMENT CONTENDS THAT THE PROHIBITION IN QUESTION APPEARS IN THE "TECHNICAL RULES" RELATING TO THE 1982 REGULATION . ALTHOUGH THOSE RULES DO NOT, STRICTLY SPEAKING, CONSTITUTE LEGISLATION, THEY ARE BINDING AS A RESULT OF A REFERENCE CONTAINED IN THE AFORESAID LAW AND THE AFORESAID REGULATION . THE EFFECT OF THAT REFERENCE TO THE "TECHNICAL RULES" IS THAT INFRINGEMENT OF THEM WILL ALSO CONSTITUTE AN INFRINGEMENT OF THE LEGISLATION WHICH REQUIRES THOSE RULES TO BE OBSERVED .
22 WITHOUT ITS BEING NECESSARY TO CONSIDER WHETHER THE "TECHNICAL RULES" RELIED UPON BY THE FEDERAL GERMAN GOVERNMENT CONTAIN A PROHIBITION SUCH AS THAT IMPOSED BY ARTICLE 16*(2)*(F ) OF THE DIRECTIVE, WHICH THE COMMISSION DISPUTES, IT MUST BE NOTED THAT THE ONLY PROVISION OF THE 1982 REGULATION WHICH REFERS TO THEM, NAMELY PARAGRAPH 12, CONTAINS ONLY OBLIGATIONS WHICH APPLY TO EMPLOYERS IN THE FIELD OF TECHNICAL SAFETY, INDUSTRIAL MEDICINE AND HYGIENE IN THE USE OF SUCH SUBSTANCES . IT DOES NOT THEREFORE CONCERN LABELLING,