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Lloyd's Maritime and Commercial Law Quarterly

THE NEW LUXEMBOURG SHIPPING REGISTER

Luc Frieden*

As of 1 January 1991, ships have been able to sail under the Luxembourg flag, for the Luxembourg Parliament has recently adopted a Law providing the EEC Member State Luxembourg with a shipping register. The move of the land-locked Grand Duchy of Luxembourg to register ships under its flag was inspired by the will to create a new European Register through a legal framework that attempts to avoid the disadvantages of the “flags of convenience” registers (insufficient safety, labour law and technical controls) and those of the traditional European shipping registers (too high costs). The Law1 takes into account the existence and opportunities offered by the Luxembourg banking and insurance sector and fully implements the core of the EEC Treaty,2 including the right of establishment and the free movement of persons, services and capital.
This article considers the most important legal provisions of the Law that has as its alleged goal to open a serious but nevertheless flexible shipping register.3 The article will (1) analyse the registration requirements for ships that intend to operate under the Luxembourg flag, (2) contemplate the mortgage system set out by the Law, (3) examine several tax aspects, (4) devote some attention to the labour law governing masters and seamen and (5) finally briefly consider some safety requirements.

1. Registration requirements

All ships4 that intend to operate under the Luxembourg flag have to register with the Record Keeper of Maritime Mortgages.5 Ships acquire Luxembourg nationality ab initio if they are owned more than 50% by either natural persons of Luxembourg

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