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-COZ (notified under document C(2011) 2290) (2011/225[EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents ('), and in particular Article 15 and 12(2) thereof, 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 mechanisms for control by Member States of the Commission’s exercise of implementing powers (%), and in particular Article 5 thereof, Whereas: (1) On 29 October 2010, the German Federal Environment Agency notified the Commission and the other Member States of their temporary prohibition for the placing on the German market of the cleaning product POR-COZ with a nitric acid content of 20 % or more, based on risks of corrosion and dangerous fumes resulting from the ingredient nitric acid (%). (20 The German authorities additionally notified the temporary prohibition of POR-COZ to the Commission via RAPEX (*) under Article 12 of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (°). As an additional risk it was mentioned that the POR-COZ containers did not have sufficiently child-proof caps. (3)  POR-COZ is manufactured in Turkey by the registered company Levent Kimya and imported into Germany by the company Karakus Handels GmbH with its registered seat in D-58638 Iserlohn. () OJ L 104, 8.4.2004, p. 1. () OJ L 55, 28.2.2011, p. 13. (*) Decision of the German Environment Authority (Umweltbundesamt) of 25 October 2010 (Allgemeinverfiigung zum vorldufigen Verbot des Inverkehrbringens des Reinigungsmittels Por Coz nach § 14(2) des Wasch- und Reinigungsmittelgesetztes und § 8(4) des Gerite- und Produktsicherheitsgesetztes, Bundesanzeiger Ausgabe Nr. 164 vom 28. Oktober 2010). (% RAPEX Notification No 1760/10. () OJ L 11, 15.1.2002, p. 4. ) ©) () O] O] POR-COZ 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 of the European Parliament and of the Council () concerning classification, labelling and packaging of substances and mixtures. POR-COZ is marketed as a limescale and rust remover to the general public. It is a mixture intended for cleaning purposes and is therefore a detergent according to Article 2 of the Regulation. Based on the presentation of facts in the German RAPEX notification, the product POR-COZ is not fitted with appropriate child-resistant fastenings. Consequently, it 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 () relating to the 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 products that are ‘complying with the requirement of this Regulation’. A clarification of the facts was made orally by Germany at the meeting of the Detergents Working Group on 14 December 2010. Germany explained that there had been two products under the brand name POR-COZ on the German market. The product referred to in the notifi- cation to the Commission of 29 October 2010, which was imported by Karakus Handels GmbH, was correctly labelled and fitted with appropriate child-resistant fastening. The second POR-COZ product by the same manufacturer was imported illegally via unknown channels. It was labelled in Turkish language and was not fitted with sufficiently child-proof fastenings. By letter of 22 December 2010, Germany confirmed that the product to which Germany had referred in its notifi- cation of 29 October 2010 (manufactured by Levent Kimya and imported into Germany by the company Karakus Handels GmbH) was complying with the Detergents Regulation, notably with its labelling and packaging requirements by having a German-language label and by being fitted with child-proof fastening. The RAPEX Notification No 1760/10 has been modified with a revised notification submitted to the Commission on 16 December 2010, which stated that L 353, 31.12.2008, p. 1. L 200, 30.7.1999, p. 1.