Commission Opinion of 9 June 2005 on interim measures taken by the government of Denmark in respect of high velocity pressure/vaccuum relief valves model NEW-ISO-HV manufactured by TANKTECH Co. in the Republic of Korea   (Text with EEA relevance)
Date: 2005-06-09
Institutions: European Commission
Subjects: Denmark, defective product, industrial hazard, maritime safety, safety standard, tanker

C 148/4

EN

Official Journal of the European Union

18.6.2005

COMMISSION OPINION

of 9 June 2005

on interim measures taken by the government of Denmark in respect of high velocity pressure/
vaccuum relief valves model NEW-ISO-HV manufactured by TANKTECH Co. in the Republic of
Korea

(2005/C 148/03)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 96/98/EC of 20 December
1996 on marine equipment (1), and in particular Article 13
thereof,

Whereas:

(1)

(2)

(3)

The applicable testing standards for devices to prevent
the passage of flame into the cargo tanks in oil tankers
(high velocity valves only) are laid down in circulars
MSC 677 and MSC 1009 of the International Maritime
Organisation,
the latter referring to the international
standard ISO 15364:2000.

By letter of 24 February 2004 the Danish Maritime
Authority informed the Commission of interim measures
taken by the Authority in respect of high velocity pres-
sure/vacuum relief valves of the model NEW-ISO-HV
‘the valves’) manufactured by TANKTECH
(hereinafter,
Co. in the Republic of Korea (hereinafter, ‘the manufac-
turer’), whereby any such valves installed on board ships
flying the Danish flag were to be removed within a
period to be specified, on the grounds of
failure to
comply with Article 5(1) and (2) of Directive 96/98/EC
and on incorrect application of the testing standards
referred to in Article 5(2) of the Directive. The letter
from the Danish Maritime Authority by contained a
warning regarding overpressure during loading of tanks
equipped with this model of valves.

The letter from the Danish Maritime Authority was
accompanied by a copy of an EC type-examination certi-
ficate issued on 4 March 2002 by the notified body
Bureau Veritas, under reference number 11582/A1 EC,
for high velocity vent and vacuum relief valves with
flame screen of the models NEW-ISO-HV-65, NEW-ISO-
HV-80, NEW-ISO-HV-100, NEW-ISO-HV-125, NEW-
ISO-HV-150, NEW-ISO-HV-200, NEW-ISO-HV-250 and
NEW-ISO-HV-300 of the following respective nominal
sizes: 65A, 80A, 100A, 125A, 150A, 200A, 250A,
300A.

(1) OJ L 46, 17.2.1997, p. 25. Directive as last amended by Directive
2002/84/EC of the European Parliament and of the Council (OJ L
324, 29.11.2002, p. 53).

(5)

(6)

(7)

(8)

The Danish Maritime Authority had taken the above
mentioned interim measures following reports from
ships of considerable discrepancies between the actual
tank pressure and that indicated in the manufacturer's
product data and as a result of a subsequent detailed
examination of valves which had been removed from a
Danish tanker,
later identified as M/T ‘Orahope’. The
valves from the Danish tanker were reported to bear the
mark referred to in Article 11 of Directive 96/98/EC
(hereinafter, ‘the mark’) and were later identified as being
of the model NEW-ISO-HV-80.

The examination carried out on the said units on behalf
of the Danish Maritime Authority reportedly showed a
significantly higher pressure surge than that stated by
the valve manufacturer. The Danish Maritime Authority
considered the difference in the resulting tank pressure
to be very large and,
the safety aspects
involved, sufficient to warrant a prohibition of the use
of these valves on board Danish ships.

in view of

Moreover,
the Danish Maritime Authority had found
upon examination of the valves that an operator couldn't
determine whether the valve was in operational condi-
tion by means of the check-lift system, and that if a
plastic distance piece were missing, it might cause the
valve not to be self draining which couldn't be noticed
by the operator.

The Danish Maritime Authority had required full testing
documentation from the manufacturer. In its letter of 24
February 2004 to the Commission, the Danish Maritime
Authority contended that
insufficient documentation
had been provided by the manufacturer to substantiate
compliance with the applicable requirements, in particu-
lar
information,
construction details and certification.

records, product

regards

test

as

In its letter, the Danish Maritime Authority made no
evaluation of potential shortcomings in the testing stan-
dards
the problems
considering
observed did not imply that the standards were insuffi-
cient.

themselves,

that

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Official Journal of the European Union

C 148/5

(9)

Upon receipt of the letter from the Danish Maritime
Authority the Commission entered into consultation
with the Danish Maritime Authority, the manufacturer,
the French Government as notifying Member State and
the notified body having issued the EC type-examination
certificate in question on the latter's behalf (hereinafter
referred to collectively as ‘the parties’). Documentation
was also received by the Commission from the Danish
manufacturers Pres-Vac Engineering A/S through the
association named Danish Maritime.

(10) Among the supplementary information provided by the
Danish Maritime Authority during the procedure before
the Commission were test reports on valves removed
from ships following the interim measures. These tests
related to valves of the models NEW-ISO-HV-80, NEW-
ISO-HV-65 and NEW-ISO-HV-100 and confirmed the
findings referred to in the letter of 24 February 2004
from the Danish Maritime Authority; furthermore the
if
tests raised the issue of potential flashback which,
demonstrated, would imply a particularly serious risk to
safety.

(11)

The reply of Bureau Veritas to the Commission's consul-
tation included an item by item rebuttal of the points
where the Danish Maritime Authority, in its letter of 24
to be in
February 2004, had found the valves not
conformity with the applicable requirements. The reply
included
from the manufacturer
comprising evidence of test records, flow records, cali-
bration tests, an instruction manual clarification, a type-
report on flash-back and endurance
test
approval
burning tests.

documentation

(12)

This documentation is sufficient to verify whether or not
the applicable requirements have been met and therefore
complies with paragraph 7 of module B in Annex B of
Directive 96/98/EC.

(13) As regards the requirements concerning the check lift
system assembly, the view expressed by the Danish Mari-
time Authority is that
this should include all valve
moving parts including the booster-disc. However, as the
applicable standard refers only to verifying that
the
‘valve’ lifts easily and not remaining in the open position,
it must be considered within the notified body's latitude
to consider that the valve as designed was in conformity
with the requirements.
It should also be noted that
Bureau Veritas, with due consideration to the DMA
interpretation, has encouraged the manufacturers to
modify the check lift system, and it is understood that
procedures are in hand to expedite modifications and
update the EC-type examination certificate accordingly.

(14)

Furthermore,
NEW-ISO-HV series,

the instruction manual supplied for the
including drawings in exploded

form of the parts in order of opening up and reassembly,
whilst basic in nature and content, is sufficient for a dili-
gent operator to operate the valves safely, and it is well
adapted to the level of expertise to be expected of staff
overhauling the valves.

(15)

It should therefore be considered that the requirements
of ISO 15364:2000 concerning certification and manual
means of verification are complied with.

(16) According to information supplied by Bureau Veritas,
EC type-examination certificate number 11582/A1 EC
had been issued, as regards model NEW-ISO-HV-80, for
valves holding a nominal booster disc diameter of
155 mm in accordance with the prototype tested for
such purpose.

(17) On 15 October 2004, in response to an enquiry of the
Italian authorities, Bureau Veritas acknowledged that the
NEW-ISO-HV-80 valves produced until 27 November
2002 were fitted with a booster-disc of 150 mm
diameter due to a mistake on the drawing. The valve
with the 150 mm diameter booster-disc had been re-
tested for flash-back and capacity and the manufacturers
had decided to inform all the ship-owners concerned
immediately with a view to replacement of the booster
disc. The mistake, although discovered by the manufac-
turer and rectified as from 27 November 2002, had not
been reported to Bureau Veritas at the time.

(18)

The valve of the model NEW-ISO-HV-80 with serial
number ISO 20277101 which was removed from M/T
‘Orahope’, was in effect measured by Force Technology
in Denmark to carry a booster disc of 150 mm. Like-
wise,
the valve model NEW-ISO-HV-80 with serial
number ISO 20528101, tested by Force Technology in
Denmark at the request of Athenian Sea Carriers Ltd.,
was reported to carry a booster disc of 150 mm in
diameter. As can be seen from the reported markings in
the marks on these valves were
these units' plates,
In contrast, the valve of the model
affixed in 2002.
NEW-ISO-HV-80 with serial number
ISO 1841203,
which was removed from M/T ‘Nord Africa’ had been
constructed with a booster disc of 156 mm in diameter
as measured by Force Technology,
falling within the
tolerance relative to the type applied by the manufac-
turer, which should be considered reasonable; the mark
of this valve was affixed in 2003.

(19)

It has thus been established that until at
least 27
November 2002 the manufacturer placed on the market
an indeterminate number of valves of the model NEW-
certificate
ISO-HV-80 under
number 11582/A1 EC that failed to conform to the
approved type, and that the mark was unlawfully affixed
to these valves.

EC type-examination

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Official Journal of the European Union

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(20) On 20 October 2004 Bureau Veritas informed the
Commission that further tests had been conducted on 6
and 7 October 2004 by the Korean Institute of
Machinery and Materials, which had been requested to
investigate the influence of the booster disc diameter
(150mm/155mm) on the flow curve, confirm the peak
pressure rise (pressure surge), and confirm the flashback
test results. The tests indicated that the valve with a
150 mm diameter booster disc had quite different peak
pressure and flow characteristics than those displayed by
a unit corresponding to the approved prototype under
identical testing conditions.

(24)

(25)

Furthermore, these tests seem to have been carried out
on different test rigs, due to different interpretations of
the applicable standard ISO 15364, which refers to ‘a
recognized national or international standard’.

‘recognized national or

The
international
standard’
for the purposes of Directive
should be considered,
96/98/EC, to be the standard EN 12874:2001, which
lays down precise mounting conditions for the testing of
the devices in question.

(21)

Flow data must be presented in a true and correct way
as they are used for structural/tank integrity purposes,
pipe dimensioning, and to determine maximum loading
and discharge rates for the ship. The manufacturer was
fully aware since November 2002 that the flow data
which had been supplied to and utilised by system
designers in selection of the proper size valve, for the
vessels fitted with non-standard valves, was in fact erro-
neous given that the flow data supplied related to the EC
type-examination prototype test. The documentation
provided to the Commission demonstrates that only
after the communication of 15 October 2004 sent by
Bureau Veritas to the Italian authorities and at the behest
of the latter following the interim measures communi-
cated by the Danish Maritime Authorities, did the manu-
facturer set out to identify the vessels equipped with the
defective valves and undertake remedial action.

(22)

The remedial action reportedly consists in replacing the
booster disc without further modification of the valve.
No evidence has been provided to the Commission that
the valves so repaired meet the applicable requirements
in accordance with Article 5(1) of Directive 96/98/EC
and allow safe operation of the ships concerned.

(23)

Test results and ship inspection reports provided to the
Commission on the valves covered by the interim
measures are largely contradictory. While there is a
considerable amount of data that suggest that NEW-ISO-
HV valves conforming to type might under certain
conditions fail to meet the applicable requirements for
flash back and deviate from the flow data furnished by
the manufacturer,
such data cannot be considered
conclusive given the uncertainty on the circumstances of
the tests, as regards inter alia the condition of the tested
valves, which had been removed from ships, the testing
facilities where the tests were carried out and the calibra-
tion of the instruments used.

(26)

The mark is to be affixed at the end of the production
phase and include the last two digits of the number of
the year in which it is affixed.

(27)

Every reasonable effort must be made to remove any
potential threat to the safety of the ships equipped with
this model of valves,

HAS ADOPTED THIS OPINION:

1. The interim measures notified by the Danish Government to
the Commission by letter of 24 February 2004 in respect of
valves of the model NEW-ISO-HV manufactured by TANK-
TECH Co. Ltd. are adequate and proportionate for the
protection of maritime safety and therefore justified.

2. The Commission recommends that

the Member States
ensure that valves of the model NEW-ISO-HV-80 to which
the mark referred to in Article 11 of Directive 96/98/EC
(hereinafter,
‘the mark’) has been affixed before 1 January
2003 are removed from their markets.

3. The Commission recommends

the valves
referred to in paragraph 2 are installed on board ships
flying their flag, the Member States ensure that they are
removed.

that, where

4. The Commission furthermore recommends that the Member
States ensure that all valves of the model NEW-ISO-HV-80
manufactured by TANKTECH Co. Ltd to which the mark
has been affixed after 1 January 2003 and which have been
installed on board ships flying their flag are examined as
soon as possible in order to ascertain that they conform to
the type. Where upon examination those valves are found
not to conform to the type, the Commission recommends
that they are removed and that the case is reported to the
Commission and to the other Member States.

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Official Journal of the European Union

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5. Where valves of the model NEW-ISO-HV-80 manufactured
by TANKTECH Co. Ltd not bearing the mark have received
a certificate of equivalence in accordance with Article 8(3)
of Directive 96/98/EC, paragraphs 2 to 4 apply mutatis
mutandis.

6. The Commission recommends that the parties carry out
jointly within a reasonable time, which should normally not
exceed six months, a new test on a representative sample of
new valves of the model NEW-ISO-HV of all sizes at a
mutually agreed laboratory in accordance with the applic-
including in particular European
able testing standards,
standard EN12874:2001, with the
aim to determine
whether or not the type meets the applicable minimum
requirements under normal ship operating conditions. They
should communicate the results to the Commission and to
the Member States forthwith.

7. Pending the results of the tests referred to in the preceding
paragraph, the Commission recommends that the Member
States take all other precautionary measures they deem
necessary in respect of valves of the model NEW-ISO-HV
manufactured by TANKTECH Co. Ltd.
installed on board
the ships flying their flag.

Done at Brussels, 9 June 2005.

For the Commission

Jacques BARROT

Member of the Commission