Malta fails to transpose new EU asylum rules

Malta is one of 19 member states which have failed to transpose onto their law books an EU asylum directive determining the criteria for the recognition of persons in need of international protection.

Member states had until yesterday to transpose the new legal tool, known as the Qualification Directive, and the Commission is expected to announce shortly the start of legal procedures against the failing member states.

A Commission spokesman told The Times that until yesterday only Estonia, Lithuania, Luxembourg, Austria, Slovenia and France had transposed the directive.

European Commission Vice President Franco Frattini termed this delay as "particularly regrettable, given that this directive is a cornerstone of the first phase of the Common European Asylum system".

The directive (2004/83/EC) aims to ensure that throughout the EU the same criteria apply for the identification of persons who are genuinely in need of international protection and that a minimum level of rights and benefits are available for such individuals in all member states.

The directive introduces a harmonised regime for the protection of those persons who fall outside the scope of the Refugee Convention, but who nevertheless still need international protection, such as victims of civil war. The directive also proposes a broad, progressive interpretation with regard to the concept of perpetrators of prosecution by recognising that it includes non state agents such as militia.

Mr Frattini said the importance of this directive cannot be underestimated as it guarantees that the protection needs of asylum seekers will be addressed according to the same criteria wherever they make their claim in Europe and that, on the basis of their protection needs, they will be entitled to a consolidated set of rights and benefits in all member states.

"This will greatly contribute to reducing the current great variances in recognition rates between member states and therewith reducing one pull factor for 'asylum shopping'," Mr Frattini said.

The Qualification Directive was originally approved by the EU in April 2004.