Voluntary burden sharing only option available - EU Council

The European Council and the French EU presidency yesterday dismissed claims that the new Immigration Pact would not ease Malta's illegal immigration problem simply because the burden-sharing commitment was on a voluntary basis.

On the contrary, both the presidency and the Council said this was the best deal available under current EU rules and Malta had managed to persuade other member states to commit themselves for the first time on burden-sharing.

A Council spokesman told The Times the "voluntary" mechanism was the only option available on the table under current EU rules. The EU had no competence to impose on member states in this area (migration policy) and attempting to reach a different deal was "politically impossible".

"In reality, this was the only option available. Through the new pact, and on Malta's insistence, the new blueprint means that if Malta is suffering due to a huge arrival of asylum seekers there is the possibility of burden-sharing with other member states," he said.

A spokesman for the French presidency in Brussels echoed a similar sentiment: "The new pact means Malta will now get help. This is the first time member states are committing themselves, politically, to share the responsibilities with countries facing specific and disproportionate pressures on their national asylum system."

"This is not just a promise but a political commitment which all member states have to keep."

Asked whether the burden-sharing mechanism could be imposed on member states, rather than being just voluntary, the presidency's spokesman said this was impossible under EU law.

"Migration doesn't fall under the EU's competence as there is no common policy in this area. Member states are still sovereign countries and no one can force them to take asylum seekers from another country," he said.

"However, this does not mean that no member state will actually help Malta. On the contrary, all member states will. They are now politically committed to share the burden not only with Malta but with all member states which have a similar problem."

The spokesman said that although the EU was very aware of Malta's problem, the island was not the only member facing this problem.

"Asylum seekers are coming to Europe all the time, not just on boats, as in Malta's case, but also by land and air. France, for example, has a massive problem and this mechanism is also in our interest," he added.

According to the pact, which still needs to be endorsed by EU heads of state and government during a summit later this month, the new mechanism will only apply to beneficiaries of international protection.

Clarifying this point, the Council's spokesman said "the beneficiaries who qualify are those recognised as asylum seekers, both as refugees and those given humanitarian status".

Almost all the illegal immigrants landing on Malta's shores apply for asylum status which, after a lengthy and thorough examination, is granted to about 50 per cent of applicants.

Those not given this status are declared illegal immigrants and according to law should be repatriated.

Following last week's agreement, Justice Minister Carmelo Mifsud Bonnici warned that, although the agreement was a very important political step ahead, it was not a final conclusion.

"We have managed to put burden-sharing on the EU agenda as part of its policy and this was not easy in the EU context," he told The Times.

"Obviously, we will continue to put pressure and promote our views. But now, at least, there is policy cast in stone and the burden-sharing concept will have to be introduced. We will continue to press for this even at Commission level."