Patrols come across four boats... and corpses

Several corpses of would-be illegal immigrants have been spotted by vessels and aircraft taking part in the EU border agency's operations off Malta's coast, Frontex director Ilkka Laitinen said.

Saying it was impossible to determine the number of deaths in recent weeks, Mr Laitinen told The Times: "The more activities Frontex can coordinate in this region the more we will be able to save human lives".

Frontex started patrolling the Mediterranean for migrants - with meagre support from member states - on June 25, eight months after its first two-week mission had failed to yield any immigrants. In the last 10 days, the Frontex vessels have come across four boats carrying illegal immigrants.

Mr Laitinen appealed to critics not to expect concrete results from the mission at once, especially since rescuers are essentially dealing with complicated rules of the sea.

He explained to reporters the rules of engagement: If the Frontex vessels are in the territorial waters of a member state then the national law is applied - the migrants are intercepted, probed and possibly detained, pending a decision.

On the other hand, there is a right of free navigation in international waters. If Frontex aircraft or vessels come across a boat which is not in distress, there are no grounds for concrete action. The EU agency's officials will provide the migrants with food, water, fuel, blankets, maps and life jackets.

"We tell them that the best way for them is to turn round and go back to where they came from because there is no future for them in their target country.

"If they insist on continuing their route, they just do it. If we are in international waters, it's not legal to escort them back to Libya. We have no mandate to use any kind of coercive measures to force them to turn around."

Some would-be illegal migrants heading towards the Canary Islands, an area in which Frontex also has a mission, have opted to obey the orders and do a U-turn, assisted by radars and helicopters to ensure they returned safely.

In an unprecedented move for the Mediterranean patrols, Germany said it would assume responsibility for illegal migrant survivors picked up by its two helicopters during the Nautilus II mission.

The patrols are based between Sicily and Libya, though the North African country has refused to take part in the operations. The Italians are providing air cover and Spain is expected to provide some resources in the coming days.

Justice Commissioner Franco Frattini objected to claims that Frontex could provide a short cut to Europe.

"Our message is clear: Frontex's priority remains to save people in need, but illegal immigrants will be repatriated to their country of origin at once," he insisted.

The UN Refugee Agency has raised questions about Frontex, saying it wanted to ensure that no person entitled to refugee status is denied the opportunity.

However, Mr Frattini recalled that only two to three per cent of migrants are acknowledged as true refugees.

He said he was prepared to discuss issues like territorial dimension or the number of asylum seekers landing in a given state in order to amend the burden of the Dublin Convention, which puts the onus on the country where asylum-seekers first land.