The following ships may be registered in the public shipping register of ships flying the Luxembourg flag : ships which are owned to the extend of more than 50 % by residents of the European Union or by commercial companies which have their registered office in a Member state of the European Union, together with ships chartered on a bareboat basis and ships operated by such persons, provided that a significant part of the management of the ship is carried on in Luxembourg (article 5 of the Luxembourg Maritime Act 1990).
Nationality of ships: a ship shall be deemed to have Luxembourg nationality if it has been entered in the Luxembourg shipping register and has been authorized to fly the Luxembourg flag.
Full registration: a ship shall be deemed to have been accorded full registration if the ownership rights in respect of that ship and the rights in rem attaching to it have been entered in the Luxembourg shipping register and it has been authorized to fly the Luxembourg flag.
Bareboat in registration: a ship shall be entered in the Luxembourg shipping register on a bareboat basis if it has obtained authority to fly the Luxembourg flag on the basis of a bareboat charter-party, whilst the ownership rights and the rights in rem attaching to it have been entered in the shipping register of another State and the legislation of that State allows the national flag to be cancelled or suspended in such circumstances.
Bareboat out registration: a ship that has been accorded full registration in Luxembourg shall be deemed to have been chartered out on a bareboat basis if, on the basis of a bareboat charter party, it has been entered in the shipping register of another State whilst at the same time the ownership rights in respect of the ship and the other rights in rem attaching to it continue to be entered in the Luxembourg shipping register.
Ship: for the purposes of the implementation of this Law, all ships with a tonnage of at least twenty-five tonnes which are used, or are intended to be regularly used, for the transport by sea of persons or things, or for fishing, towing or any other commercial seafaring activity, shall be considered to be ships.
Declarant: the declarant shall be the person or legal entity in whose name the ship has been entered in the register.
Operator: a ship shall be deemed to have Luxembourg nationality if it has been entered in the Luxembourg shipping register and has been authorized to fly the Luxembourg flag.
Ships which are owned to the extent of more than 50% by residents of the European Union or by commercial companies which have their registered office in a Member State of the European Union, together with ships chartered on a bareboat basis and ships operated by such persons, shall be eligible for entry in the Luxembourg shipping register, provided that all or a significant part of the management of the ship is carried on in Luxembourg.
The command of a ship flying the Luxembourg flag shall be entrusted to a person whose nationality is that of one of the Member States of the European Union and who is the holder of a diploma awarded by a school of navigation that is recognized in Luxembourg. Derogations from this nationality requirement may be granted by virtue of a specific authorization by the Minister in special cases, and in particular where the needs of commerce or of seafaring justify such a derogation, or else in the light of the origin of the ships which are applying for registration.
Every ship applying for registration under the Luxembourg flag must have been subject to inspection by the maritime administration of a Member State of the EU or by a classification society approved by the Commissariat aux affaires maritimes in accordance with Article 65. The registration certificate may only be obtained after the results of the inspection have been communicated to the Commissariat aux affaires maritimes.
No ship exceeding 15 years of age from the date when the keel was laid may be registered for the first time under the Luxembourg flag.
For ships registered in Luxembourg, retaining such registration after the ship reaches 15 years of age shall be conditional upon the ship remaining fully in class in accordance with the criteria established by the international classification societies.
Article 1 sub-paragraph 1) shall be completed as follows: "and Luxembourg seamen or nationals of a country with which Luxembourg has a bilateral or multilateral social security treaty, or Luxembourg residents employed on a ship which flies the Luxembourg flag".
After paragraph 9 of Article 8, a new paragraph 10 shall be inserted as follows:
"The right of seamen as referred to in Article 1 to allowances in kind is suspended insofar as the shipowner is required to take on the burden of payment in accordance with Article 101 of the Act of 9th November 1990 concerning the creation of a Luxembourg maritime register".
Paragraphs 10 to 13 become paragraphs 11 to 14.
Paragraph 1 of Article 93 shall be amended as follows:
"Article 93 - Manual workers, assistants, craftsmen, apprentices, domestic servants, office workers, business executives, foremen, technical staff and Luxembourg seamen or nationals of a country with which Luxembourg has a bilateral or multilateral social security treaty or Luxembourg residents employed on a ship flying the Luxembourg flag are insured against occupational injury or death, if employed in one of the companies or practising one of the professions or activities referred to in Article 85, for a sum of four times the minimum social wage for unskilled workers of more than 18 years of age".
After paragraph 4 of Article 97, a new paragraph 5 shall be inserted as follows:
"The right of seamen as referred to in Article 93 to allowances in kind is suspended insofar as the shipowner is required to take on the burden of payment in accordance with Article 101 of the Act of 9th November 1990 concerning the creation of a Luxembourg shipping register".
Paragraph 5 to 11 become Paragraphs 6 to 12.
A new paragraph 2 shall be added to Article 170 as follows:
"Employment as a seaman on a ship flying the Luxembourg flag by Luxembourg nationals or nationals of a country with which Luxembourg has a bilateral or multilateral social security treaty or by Luxembourg residents shall be regarded as an employment in the Grand Duchy of Luxembourg".
Paragraph 2 of Article 335 shall be replaced by the following:
"When a person engages personnel subject to social security he may be required by the management committee of the office either to lodge a deposit or to present a guarantee in respect of his legal and statutory obligations. The guarantee to be provided will be the greater of the estimated total of six months' social security payments or 100,000 Luxembourg francs. The sum may be adjusted every six months. The placing of a deposit will be subject to the conditions of the Act of 12th February 1872 and of the Grand-Ducal Regulations of 9th July 1945 concerning deposits.
A bank guarantee payable on first demand by the office must be provided by a bank registered in the Grand Duchy of Luxembourg.
The deposited sums or the bank guarantee may be enforceably called in, if the management committee of the office so decides, when the employer ceases his activities, particularly in cases of liquidation for reasons of bankruptcy or receivership of a company. The deposit and the interest therefrom shall accrue to the office up to the level of the debt".
A new article shall be added, as follows:
"Art. 340. - A Grand-Ducal regulation may establish special provisions for seamen with respect to administrative procedures concerning affiliation, the collection of social security payments and allowances".
A new paragraph 4 shall be added to Article 1 of the Act of 29th August 1951 concerning health insurance of civil servants and employees, as follows:
"Seamen engaged on a ship flying the Luxembourg flag in a supervisory and management role, with technical and economic responsibility for the work of others, and with no predominant involvement in manual work, are likewise considered to be private sector employees in accordance with point 9 of paragraph 1 of the present Article".
Without prejudice to the provisions of Article 105, the owner of a ship flying the Luxembourg flag must arrange with an insurance company licensed by the Government in compliance with conditions which may be laid down by Grand-Ducal Regulations an insurance policy which guarantees protection to personnel employed on such a ship in accordance with the following rules:
In case of unemployment, payments equivalent to at least 45% of the previous earnings for not less than 13 weeks in a twelve-month period.
Entitlement to the payments referred to above may not be subject to a minimum service requirement of more than three months.
In case of retirement, payments equivalent to at least 1.5% of earnings for every year of insurance. The age at which such sums become payable may not exceed 65.
Entitlement to the payments referred to above may not be subject to a minimum service requirement of more than one year.
In the case of disability, payments as for retirement but increased by 1.5% of the average of the insured earnings prior to disability for every year between disablement and reaching the age of 55.
Anyone who, as a consequence of sickness or infirmity, cannot return to his previous employment must be considered to be disabled, unless he is able to carry out another activity appropriate to his strength and capabilities, in which case the insurance must guarantee appropriate retraining.
Entitlement to the payments referred to above may not be subject to a minimum service requirement of more than three months. Payments shall continue for as long as the person concerned is incapacitated and unable to earn his living.
In the case of the death of the insured, benefits equivalent to 60% of the retirement pension or disability allowance to which the deceased was entitled shall be payable to the surviving spouse, and 20% to each dependent child under 18, the total allowance not exceeding the sum which the insured person would have received.
Entitlement to the benefits referred to above may not be subject to a minimum service requirement of more than three months.
In the case of work-related accident or sickness, the payments must include health care as provided for in paragraph 1 (a), as well as a life annuity corresponding, in the case of total incapacitation, to at least 50% of previous earnings. In the case of partial incapacitation, the annuity shall represent that percentage of the annuity payable in the case of total incapacitation which reflects the reduction in working capacity.
In the case of the death of the insured following a work-related accident or sickness, benefits equivalent to 60% of the annuity payable in the case of total incapacitation shall be payable to the surviving spouse, and 20% to each dependent child under 18, the total allowance not exceeding the sum which the insured person would have received. There shall be no other qualifying condition of service, nor may any contribution towards health costs be required from the insured person.
financial payments, calculated on the same basis as in paragraph 1 (b), throughout maternity leave, which shall not be less than eight weeks before delivery and eight weeks after delivery. Post-natal leave shall be extended by four weeks in the case of breast feeding or premature or multiple birth. Entitlement to such payments may not be subject to a minimum service requirement of more than six months in the year preceding delivery.
The benefits referred to in paragraphs 1 (a) and 7 (a) are also payable to the spouse of the insured person and his children under 18, unless these persons are entitled to such benefits from another source.
The Government may waive the owner's obligations referred to in the present article if the seamen employed on a ship flying the Luxembourg flag are linked to a social security system in their country of residence in accordance with the legislation of that country and have the right to benefits at least equivalent to those referred to in the present article.
Accreditation may only be given to companies whose business is the buying and selling, the chartering in and the chartering out, and the management of seagoing ships, as well as the financial and commercial operations that relate directly or indirectly to such activities.
In cases where the company is made up of a natural person, he or she shall be subject to the accreditation conditions set out in Articles 132 and 133.
Any maritime company seeking accreditation must by convention, secure the services of a person or legal entity to fulfil the duties of the company's manager. Before starting to discharge these managerial duties, the manager appointed must have been accredited by the Minister.
The provisions of the preceding indent shall not be applicable if the company in question is in fact an individual person to whom accreditation is granted in his or her own right.
Any person who wishes to be accredited as the manager of a maritime company must reside in Luxembourg and must be able to provide evidence of his or her personal probity and professional experience.
Personal probity shall be evaluated on the basis of the presence or absence of previous convictions and in the light of all such evidence as may tend to show that the person in question enjoys a stainless reputation and is able to provide every guarantee that the business activities in which he or she has been engaged in the past were carried on in a manner that is beyond reproach. Professional experience shall be evaluated in the light of whether or not the person in question has already performed comparable duties at a high level of responsibility and managerial autonomy.