Table of contents INTRODUCTORY CHAPTER : GENERAL PRINCIPLES
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1 IX Table of contents INTRODUCTORY CHAPTER : GENERAL PRINCIPLES 1. The Grand-Duchy of Luxembourg and Maritime Legislation 17 OCTOBER CONSTITUTION of the Grand Duchy of Luxembourg (Mém. A n 23, 22 October 1868) ) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) NOVEMBER ACT approving certain international maritime conventions (Mém. A n 58, 12 November 1990) JULY GRAND-DUCAL DECREE publishing a certain number of amendments to the international maritime conventions (Mém. A n 58, 29 July 1993) SEPTEMBER GRAND-DUCAL DECREE publishing a certain number of amendments to certain international maritime conventions (Mém. A n 110, 16 December 1994) General Principles of the Law of the Sea 10 DECEMBER UNCLOS CONVENTION - United Nations Convention on the Law of the Sea, concluded at Montego Bay PART I. SHIP REGISTRATION, LIENS AND MORTGAGES 1. Ship Registration with the Luxembourg shipping register 21 APRIL REGULATION (EC) N 789/2004 of the European Parliament and of the Council on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 (OJ n L 138, 30 April 2004) ) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) DECEMBER GRAND-DUCAL REGULATION relating to the implementation of article 24 of the law of 9th november, 1990, whose purpose is the creation of a luxembourg public maritime register (Mém. A n 78, 28 December 1990)
2 X 2. Liens and Mortgages on seagoing vessels 2005) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) MARITIME LIENS & MORTGAGE International Convention for the Unification of Certain Rules relating to Maritime liens and Mortgages and Protocol of Signature MARITIME LIENS & MORTGAGE International Convention on Maritime Liens and Mortgages Corporate aspects and financial collateral on the assets of Shipping Companies 5AUGUST LAW on financial collateral arrangements, as amended (the «Financial Collateral Law»). (Mém. A n 128, 16 August 2005) PART II. MARITIME SAFETY 2005) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) APRIL DIRECTIVE 2009/21/EC of the European Parliament and of the Council on compliance with flag State requirements (Mém. A n 131, 28 May 2009) Ship Safety A. The SOLAS Convention and the ISM Code SOLAS CONVENTION - International Convention for the Safety of Life at Sea INTERNATIONAL SAFETY MANAGEMENT CODE FEBRUARY REGULATION (EC) N 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (OJ L 62, 4 March 2006) B. Classification Societies 23 APRIL REGULATION (EC) N 391/2009 of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations (OJ L 131, 28 May 2009) APRIL DIRECTIVE 2009/15/EC of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 131, 28 May 2009) TH DECEMBER MINISTERIAL DECREE giving designation, in the maritime area, of classification societies (Mém. A n 61, 28 December 1990) ST OCTOBER MINISTERIAL DECREE giving designation, in the maritime area, of classification societies. (Mém. A n 54, 29 November 1991)
3 XI 2. Seafarers training STCW CONVENTION International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, NOVEMBER DIRECTIVE 2008/106/EC of the European Parliament and of the Council on the minimum level of training of seafarers (recast) (OJ L 323, 3 December 2008) Navigation Safety COLREGS - Convention on the International Regulations for Preventing Collisions at Sea, Pollution MARPOL International Convention for the Prevention of Pollution from Ships MARPOL 73/78 - Protocol APRIL LAW implementing Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements and the Council Framework Decision 2005/66/JHA of 12 July 2005 to strengthen the criminal law framework for the enforcement of the law against ship-source pollution. (Mémorial A n 51, 21 April 2008) MARCH LAW 1. Introducing the criminal liability of natural persons in the Penal Code and the Code of Criminal Procedure. 2. Amending the Penal Code, the Code of Criminal Procedure, and other legislative provisions. (Mémorial A n 36, 11 March 2010) CLC - Consolidated International Convention on Civil Liability for Oil Pollution Damage (CLC), as amended by CLC Protocol 1976 (CLC PROT 1976) and CLC PROT (1992) APRIL DIRECTIVE 2009/20/EC of the European Parliament and of the Council on the insurance of shipowners for maritime claims (OJ L 131, 28 May 2009) PART III. SEAMEN'S EMPLOYMENT RIGHTS 2005) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) TH APRIL GRAND-DUCAL REGULATION concerning the seaman s book (Mém. A n 25, 30 April 1991) MARITIME LABOUR CONVENTION, 2006 International Labour Conference ANNEX A5-II to the Convention, Maritime Labour Certificate INTERIM MARITIME LABOUR CERTIFICATE ST JANUARY Procedure for shipowners to obtain the Declaration of Maritime Compliance Part I and the Maritime Labour Certificate for ships flying the Luxembourg Flag DECLARATION OF MARITIME COMPLIANCE, PART I ANNEX I to the Declaration of Maritime Compliance, Part I
4 XII DECLARATION of Maritime Labour Compliance Part II - Measures adopted to ensure ongoing compliance between inspections FEBRUARY COUNCIL DIRECTIVE 2009/13/EC implementing the Agreement concluded by the European Community Shipowners Associations (ECSA) and the European Transport Workers Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (OJ L 124, 20 May 2009) PART IV. SOCIAL PROTECTION FOR SEAMEN 2005) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) DECEMBER SOCIAL SECURITY CODE (Mémorial A n 63, 17 December 1925) PART V. FISCAL AND FINANCIAL PROVISIONS 2005) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) DECEMBER GRAND-DUCAL REGULATION establishing a flat-rate taxation system for seafarers as amended by the Grand Ducal Regulation of 14th October 1994, the Grand Ducal Regulation of 1 August 2001 and the Grand Ducal Regulation of 23 December 2005 (Mém. A n 82, 31 December 1990) OCTOBER GRAND-DUCAL REGULATION concerning the deduction of a flat-rate charge for board and lodging for seafarers (Mém. A n 74, 31 October 1991) PART VI. MARITIME TRADE LLMC Convention on limitation of liability for maritime claims, LLMC PROT Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims of 19 November Collision 2005) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) COLLISION Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels
5 XIII CIVIL JURISDICTION COLLISION International Convention for the Unification of Certain Rules concerning Civil Jurisdiction in Matters of Collision JULY REGULATION (EC) NO 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II) (OJ L 199, 31 July 1990) Assistance at sea 2005) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) DECEMBER UNCLOS CONVENTION - Convention United Nations Convention on the Law of the Sea, concluded at Montego Bay CONVENTION for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea (Brussels, 23 september 1910) SALVAGE CONVENTION - IMO International Convention On Salvage, CMI, LISBON RULES Carriage of goods 2005) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) HAGUE RULES - International Convention for the Unification of Certain Rules of Law relating to Bills of Lading VISBY RULES - Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading SDR PROTOCOL - Protocol amending the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading of 25 August 1924 (The Hague Rules), as amended by the Protocol of 23 February 1968 (Visby Rules) MARCH HAMBURG RULES - United Nations Convention on the Carriage of goods by sea SEPTEMBER ROTTERDAM RULES - United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea General Average 2005) (as amended by the Act of 22 December 2006) (Mém. A n 58, 12 November 1990) CMI, York/Antwerp Rules
6 XIV PART VII. CRIMINAL LAW 1. Criminal jurisdiction and applicability of criminal laws on the High Seas 10 DECEMBER UNCLOS CONVENTION - Convention United Nations Convention on the Law of the Sea, concluded at Montego Bay PENAL JURISDICTION COLLISION Convention for the unification of certain rules relating to penal jurisdiction in matters of collision or other incidents of navigation Disciplinary Provisions and Penalties 14 APRIL LAW establishing a Disciplinary and Criminal Code for the Merchant Navy. (Mém. A n 26, 30 April 1992) SUPPLEMENT - LITIGATION AND ARREST A. Jurisdictional Immunity IMMUNITY OF STATE OWNED SHIPS - International Convention for the unification of certain rules concerning the immunity of State-owned ships B. Jurisdiction Main provisions of the BRUSSELS REGULATION applicable to Maritime Disputes C. Maritime Arbitration CHAMBRE ARBITRALE MARITIME DE PARIS Arbitration Rules Schedule of fees & expenses VOLDGIFTSINSTITUTTET, The Danish Institute of Arbitration, Rules of Arbitration Procedure D. Ship Arrest ARREST CONVENTION International Convention Relating to the Arrest of Sea-Going Ships Index 667
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