Policies from reputable insurers must be secured to cover liabilities imposed by international and EU legislation
Potential liabilities include loss of life and personal injury to crew, passengers and others on board, cargo loss and damage, pollution by oil and other hazardous substances, wreck removal, collision and damage to property
Authorized P&I Clubs
The Luxembourg Maritime Administration recognizes the following P&I Clubs:
- Gard P&I (Bermuda) Ltd
- Assuranceforeningen Gard
- The Britannia Steam Ship Insurance Association Limited
- The Japan Ship Owners’ Mutual Protection & Indemnity Association
- The London Steamship Owners’ Mutual Insurance Association Limited
- The North of England Protecting & Indemnity Association Limited
- The Shipowners’ Mutual Protection & Indemnity Association (Luxembourg)
- The Standard Club Ltd.
- The Standard Club Europe Ltd.
- The Standard Club Asia Ltd.
- Noord Nederlandsche P&I Club
- Hanseatic Underwriters
Recognition of Additional P&I Clubs
New P&I providers may apply for recognition by the Luxembourg Maritime Administration.
The following documents should be submitted:
- general information about the P&I club
- confirmation of re-insurance
- reinsurance limits and deductible (official document to this effect)
- numbers of vessels and tonnage currently insured
- Blue Cards samples
- approval by other Flag states (list of Flag states, flag states approvals or BLC/CLC certificates issued by Flag States referring to Blue Cards)
- copy of Insured Vessel’s Certificates of entry
Please send your request together with the above required documents.
EU Insurance Directive for Maritime Claims
Owners of Luxembourg-flagged seagoing ships of 300 gross tonnage and above are required to maintain insurance or other financial security to cover the vast majority of third party maritime claims up to the limits of liability that are established by the International Convention on Limitation of Liability for Maritime Claims, 1996.
Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the Insurance of Shipowners for Maritime Claims requires evidence of cover in the form of a certificate or certificates of insurance which details the following information:
- Ship name, IMO number and port of registry;
- Shipowner’s name and principal place of business;
- Insurance type and duration;
- name and principal place of business of the provider of the insurance and, where appropriate, the place of business where the insurance is established.
The Insurance Certificate must be issued by a P&I Club recognized by the Luxembourg Maritime Administration [link]. The Certificate must be retained on board the ship for survey or inspection purposes.
1992 Civil Liability Convention for Oil Pollution Damage (CLC)
Owners of Luxembourg-flagged ships carrying more than 2 000 tonnes of oil as cargo in bulk must maintain insurance or another form of financial security, such as a bank guarantee or a certificate provided by an international compensation fund, to cover the shipowner’s liability under the 1992 CLC. A certificate attesting that insurance or other financial security is in force is issued to each ship and must be retained on board the ship for survey or inspection purposes.
The 1992 CLC governs the liability of shipowners for oil pollution damage. The Convention imposes strict liability on the registered shipowner for pollution damage caused by the escape or discharge of persistent oil from a vessel. The Convention specifies a number of exceptions and defences to liability, fixes a monetary cap on liability and defines the circumstances in which the shipowner may lose the right to limit liability. Any claims for pollution damage under the 1992 CLC can be made only against the registered owner of the ship concerned. Claimants also have a right of direct action against an insurer.
Luxembourg CLC Certificate
The Luxembourg Maritime Administration issues CLC Certificates for Luxembourg-flagged vessels.
In order to obtain a Luxembourg CLC Certificate, the Owner submits a declaration from the insurer (CLC Blue Card) confirming that the relevant insurance or other form of financial security has been issued in accordance with the provisions of Article VII of 1992 CLC. The insurance must be provided by a P&I Club recognized by the Luxembourg Maritime Administration. The CLC Certificate is issued for a maximum period of one year.
2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention)
Owners of Luxembourg-flagged ships with a gross tonnage greater than 1,000 tonnes must maintain insurance or other financial security to cover their liability for pollution damage under the 2001 Bunker Convention. A certificate attesting that insurance or other financial security is in force is issued to each ship and must be retained on board the ship for survey or inspection purposes.
The 2001 Bunker Convention ensures adequate, prompt and effective compensation for those who suffer damage caused by spills of oil carried as fuel in ships’ bunkers. The Convention applies to damage caused on the territory, including the territorial sea, and in exclusive economic zones of States Parties. It imposes strict liability on the registered shipowner at the time of an incident for all pollution damage caused by its bunker oil. The Convention also specifies a number of exceptions and defences to liability and grants claimants a right of direct action against an insurer.
Luxembourg BCLC Certificate
The Luxembourg Maritime Administration issues Bunker Convention (BCLC) Certificates for Luxembourg-flagged vessels.
To obtain a Luxembourg BCLC Certificate, the Owner must submit a declaration from the insurer (BCLC Blue Card) confirming that the relevant insurance or other form of financial security has been issued in accordance with the provision of Article 7 of the Bunker Convention. The insurance must be provided by a P&I Club recognized by the Luxembourg Maritime Administration. The BCLC Certificate is issued for a maximum period of one year.
2007 Nairobi International Convention on the Removal of Wrecks (WRC)
The WRC establishes a legal basis for States to remove, or have removed, shipwrecks that may have the potential to affect adversely the safety of lives, goods and property at sea, as well as the marine environment. It provides the first set of uniform international rules aimed at ensuring the prompt and effective removal of wrecks located beyond the territorial sea. The Convention holds shipowners financially liable and require them to take out insurance or provide other financial security to cover the costs of wreck removal. It also provides States with a right of direct action against insurers.
The Convention requires owners of vessels of 300 GT and above to carry a certificate as evidence of compliance that insurance or financial security is in place to cover their liability under the convention. Shipowners with ships registered in States that are not Party to the WRC have the right to choose the State Party they want to issue WRC certificates.
WRC Certificates for Luxembourg-flagged Vessels
As Luxembourg has not yet ratified the WTC, Luxembourg-flagged vessels may be provided a Nairobi Convention Certificate (NCC) by the relevant maritime administration of any State party to the Convention. A copy of the NCC must be provided to the Luxembourg Maritime Administration. This Certificate must be carried on board at all times.
The Liberian Registry issues NCCs to ships registered in States that are not Party to the WRC. WRC liability certificate can be applied for online. Applicants will receive electronic certificates by email. A hard copy of the certificate is also available upon request. All WRC certificates are verifiable online.