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8.4.2011 Official
Journal
of
the
European
Union L
94/29
COMMISSION IMPLEMENTING DECISION
of 6 April 2011
on the temporary prohibition of the placing on the market in Germany of the detergent POR-Z
(notified under document C(2011) 2290)
(2011/225/EU)
THE EUROPEAN COMMISSION,
(4) POR-Z
contains
20-30
%
nitric
acid
in
aqueous
solution. Nitric acid is classified as corrosive to the
skin, category 1, under Regulation (EC) No 1272/2008
Having regard to the Treaty on the Functioning of the European
of the European Parliament and of the Council ( 6 )
Union,
concerning classification, labelling and packaging of
substances and mixtures.
Having regard to Regulation (EC) No 648/2004 of the European
Parliament and of the Council of 31 March 2004 on
(5) POR-Z
is
marketed
as
a
limescale
and
rust
remover
to
detergents (
the general public. It is a mixture intended for cleaning

1 ), and in particular Article 15 and 12(2) thereof,
purposes and is therefore a detergent according to
Article 2 of the Regulation.
Having regard to Regulation (EU) No 182/2011 of the
European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning
(6)
Based on the presentation of facts in the German RAPEX
mechanisms for control by Member States of the Commission's
notification, the product POR-Z is not fitted with
exercise of implementing powers (
appropriate child-resistant fastenings. Consequently, it

2 ), and in particular Article 5
thereof,
does not comply with Article 11(1) of Regulation (EC)
No 648/2004 in combination with Article 9, paragraph
1.3 and Annex IV, Part A of Directive 1999/45/EC of the
European Parliament and of the Council ( 7 ) relating to the
Whereas:
classification, packaging and labelling of dangerous prep
arations and does not fall under Article 15(1) of Regu
lation (EC) No 648/2004 which is applicable only to
(1) On
29
October
2010,
the
German
Federal
Environment
products that are ‘complying with the requirement of
Agency notified the Commission and the other Member
this Regulation’.
States of their temporary prohibition for the placing on
the German market of the cleaning product POR-Z
with a nitric acid content of 20 % or more, based on
(7) A
clarification
of
the
facts
was
made
orally
by
Germany
risks of corrosion and dangerous fumes resulting from
at the meeting of the Detergents Working Group on
the ingredient nitric acid ( 3 ).
14 December 2010. Germany explained that there had
been two products under the brand name POR-Z on
the German market. The product referred to in the notifi
(2) The
German
authorities
additionally
notified
the
cation to the Commission of 29 October 2010, which
temporary prohibition of POR-Z to the Commission
was imported by Karakus Handels GmbH, was correctly
via RAPEX ( 4 ) under Article 12 of Directive 2001/95/EC
labelled and fitted with appropriate child-resistant
of the European Parliament and of the Council of
fastening. The second POR-Z product by the same
3 December 2001 on general product safety ( 5 ). As an
manufacturer was imported illegally via unknown
additional risk it was mentioned that the POR-Z
channels. It was labelled in Turkish language and was
containers did not have sufficiently child-proof caps.
not fitted with sufficiently child-proof fastenings.
(3)
POR-Z is manufactured in Turkey by the registered
(8) By
letter
of
22
December
2010,
Germany
confirmed
that
company Levent Kimya and imported into Germany by
the product to which Germany had referred in its notifi
the company Karakus Handels GmbH with its registered
cation of 29 October 2010 (manufactured by Levent
seat in D-58638 Iserlohn.
Kimya and imported into Germany by the company
Karakus Handels GmbH) was complying with the
Detergents Regulation, notably with its labelling and
( 1 ) OJ L 104, 8.4.2004, p. 1.
packaging requirements by having a German-language
( 2 ) OJ L 55, 28.2.2011, p. 13.
( 3 ) Decision of the German Environment Authority (Umweltbundesamt)
label and by being fitted with child-proof fastening.
of 25 October 2010 (Allgemeinverfügung zum vorlufigen Verbot
The RAPEX Notification No 1760/10 has been
des Inverkehrbringens des Reinigungsmittels Por Cz nach § 14(2)
modified with a revised notification submitted to the
des Wasch- und Reinigungsmittelgesetztes und § 8(4) des Gerte-
Commission on 16 December 2010, which stated that
und Produktsicherheitsgesetztes, Bundesanzeiger Ausgabe Nr. 164
vom 28. Oktober 2010).
( 4 ) RAPEX Notification No 1760/10.
( 6 ) OJ L 353, 31.12.2008, p. 1.
( 5 ) OJ L 11, 15.1.2002, p. 4.
( 7 ) OJ L 200, 30.7.1999, p. 1.

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L 94/30
EN
Official Journal of the European Union
8.4.2011
the grounds for prohibition were not non-compliance
(11) The
Commission
has
consulted
the
Member
States
both
with legal requirements but the product’s high risks for
via questionnaires sent out on 15 November 2010 and
human health.
in a meeting of the Detergents Working Group Meeting
on 14 December 2010. The measures provided for in
this Decision are in accordance with their opinion as
(9) Based
on
these
facts,
Article
15
of
Regulation
(EC)
No
expressed in the Committee opinion of 14 March 2011,
648/2004 is applicable, as the product POR-Z
referred to in the German notification is a detergent
complying with the requirements of that Regulation.
HAS ADOPTED THIS DECISION:
(10) Germany
has
provided
justifiable
grounds
for
believing
that the product POR-Z constitutes a risk to safety or
Article 1
health of humans. Germany reported that one case of
The Federal Republic of Germany may maintain its temporary
child injury is attributed to the use of POR-Z in
prohibition on the placing on the market of the cleaning
Germany. Furthermore, between 1999 and 2010,
product POR-Z with a nitric acid content of 20 % or
German poison centres registered 134 cases of severe
more for 1 year from the date of adoption this Decision.
injuries to health related to the use in households of
lime and rust removers containing nitric acid. In
Belgium (the only other Member State where a
Turkish-labelled version of POR-Z had been found
Article 2
on the market) anti-poison centres have recorded three
This Decision is addressed to the Member States.
cases of severe respiratory problems resulting from the
professional use of limescale removers containing 30 %
nitric acid. Based on an assessment of the risks to health
Done at Brussels, 6 April 2011.
from the use of cleaning products with a nitric acid
content of 20-30 %, on 28 September 2010, the
German Federal Institute for Risk Assessment recom
For the Commission
mended that cleaning products containing more than
20 % nitric acid should not be placed on the market
Antonio TAJANI
for supply to the general public ( 1 ).
Vice-President
( 1 ) BfR Opinion No 041/2010, 6.9.2010.

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