Commission opinion of 20 June 2007 on the follow-up given to the Commission opinion C(2005) 1694 final of 9 June 2005 on interim measures taken by the government of Denmark in respect of high velocity pressure/vacuum relief valves model NEW-ISO-HV manufactured by TANKTECH Co. in the Republic of Korea (Text with EEA relevance)
Date: 2007-06-20
Institutions: European Commission
Subjects: Community certification, Denmark, maritime safety, roadworthiness tests, tanker, technical standard

21.6.2007

EN

Official Journal of the European Union

C 137/1

I

(Resolutions, recommendations, guidelines and opinions)

OPINIONS

COMMISSION

COMMISSION OPINION

of 20 June 2007

on the follow-up given to the Commission opinion C(2005) 1694 final of 9 June 2005 on interim
measures taken by the government of Denmark in respect of high velocity pressure/vacuum relief
valves model NEW-ISO-HV manufactured by TANKTECH Co. in the Republic of Korea

(Text with EEA relevance)

(2007/C 137/01)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity,

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)

The Commission delivered on 9 June 2005 (2) an
opinion on the interim measures taken by the govern-
ment of Denmark in respect of high velocity pressure/
vacuum relief valves model NEW-ISO-HV manufactured
by TANKTECH Co. in the Republic of Korea (hereinafter
referred to as ‘the manufacturer’).

In the aforementioned opinion, the Commission recom-
mended that the parties (namely the Danish Maritime
Authority, the manufacturer, the French Government as
notifying Member State and the notified body having
issued the EC type-examination certificate concerned on
the latter's behalf) carry out jointly a new test on a repre-
sentative sample of new valves of the model NEW-ISO-
HV of all sizes at a mutually agreed laboratory in accord-
ance with the applicable testing standards, including in
particular European standard EN12874:2001, with the
aim to determine whether or not the type meets the
applicable minimum requirements under normal ship
operating conditions.

(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).

(2) OJ C 148, 18.6.2005, p. 4.

(3)

(4)

(5)

A new model of valves, namely the U-ISO series, has
replaced the NEW-ISO-HV series, which is no longer
being placed in the market. The difference between the
two models is a modification of the check-lift mechanism
in order
the Danish authorities' objections
concerning the safe operation of this mechanism.

to meet

Type approval certificate 11582/A2 EC covering the
NEW-ISO-HV model was not cancelled following the
replacement of this model, but expired on 19 March
2007 and should therefore not be renewed.

Tests of the NEW-ISO-HV model carried out at the PTB
laboratory in Germany and at the KIMM laboratory in S.
Korea following the Commission's opinion did not reveal
any other inherent defect of the model concerned. The
tests have nevertheless showed a significant influence of
the testing rig layout on the results, which highlights the
importance of correctly installing the valves on board
ships. Therefore it is crucial that exhaustive information
on the valves' behaviour and limitations of use (in par-
ticular as
is
provided by the manufacturer to the installation designers
in order to avoid any mismatch and a consequential
possible deviation from the expected performance.

required by the applicable

standards)

(6)

The manufacturer has provided documentation demon-
strating that it carries out exhaustive production checks,
where each valve is measured in detail and pressure-
vacuum tested;
this specific information accompanies
every delivery of valves.

C 137/2

EN

Official Journal of the European Union

21.6.2007

(7)

(8)

(9)

(10)

(11)

Type-approval certificate Nr 14473/A0 (subsequently
replaced by certificate 14473/A) was issued in February
2005 for the U-ISO model by the notified body Bureau
Veritas, acting under the authority of the French govern-
ment, following testing of all eight sizes as regards capa-
city and hammering, and of sizes 80 and 150 as regards
flashback.

The changes made relative to the NEW-ISO-HV model
may affect compliance with the requirements or
the
prescribed conditions for use of the product and there-
fore the new model must receive additional approval.
Therefore, full testing of all sizes must be carried out
under the control of a notified body acting under the
authority of a Member State in order to demonstrate that
the new model U-ISO complies with the Directive
requirements.

the current

The manufacturer having undertaken to do so, the parties
have agreed that
type-approval certificate
should be superseded accordingly. As regards the units
placed in the market under the current type approval
certificate,
testing
carried out provides limited assurance to the extent that
an individualised follow-up of the units already placed on
board ships would constitute an adequate and propor-
tionate measure to ensure complete safety.

the parties concur

the partial

that

The said individualised follow-up should be carried out
without delay and in such a way that any episodes that
might indicate malfunction, in particular pressure peaks
or hammering, can be reported by the owners and inves-
tigated in order to determine the cause and take all neces-
sary measures. The manufacturer has undertaken to carry
out such a follow-up and to report back to the Commis-
sion and to the other parties; at the time of delivering
this opinion,
the procedure is
is understood that
it
already in hand.

In addition to the
recommendation made by the
Commission to the Member States in its opinion of 9
June 2005 as regards valves of size 80 manufactured
it is prudent to carry out a
until 31 December 2002,
similar follow-up as regards other valves of the model
NEW-ISO-HV placed on board ships. The manufacturer
has undertaken to carry out such a follow-up and to
report back to the Commission and to the other parties;

at the time of delivering this opinion, it is understood
that the procedure is already in hand.

(12)

The manufacturer has undertaken to apply in future
conformity assessment modules B (EC type-examination)
and F (product verification),

HAS ADOPTED THIS OPINION:

Article 1

The parties have given appropriate follow-up to the opinion
delivered by the Commission on 9 June 2005 and have taken
adequate measures to protect safety.

Article 2

The French authorities, under whose authority the current certi-
ficate has been issued, have the responsibility to take appro-
priate measures should full
testing of model U-ISO not be
carried out within a prudent timeframe or fail to demonstrate
conformity with the applicable requirements.

The Commission recommends that:

Article 3

1. Any episodes identified by the manufacturer that might indi-
cate malfunction as regards valves of models NEW-ISO-HV
and U-ISO already placed on board ships be reported forth-
with not only to the Commission and to the other parties as
agreed, but also to the flag State regardless of the ship's flag.

2. The Member States

verification
carry out
concerning ships flying their flag and equipped with pres-
sure/vacuum relief valves of the same kind, regardless of
their make, and investigate any such episodes in order to
determine the most likely cause.

similar

a

Done at Brussels, 20 June 2007.

For the Commission

Jacques BARROT

Vice-President