Ivan Camilleri, Brussels
Voluntary burden sharing only option available - EU Council
Members still politically committed to help
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."
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B Borg
Oct 2nd 2008, 19:14
"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."
...and just yesterday, CMB insisted and assured everyone that "only" the choice of which illegals the other 26 EU countries eventually take was voluntary.
Who needs a circus in Malta, when we have such MPs?
For those moralising patronisingly about values and what not, I value my own rights as a law-abiding tax-paying citizen above anything else, and especially above any rights accorded to bums who came here illegally and with no documents whatsoever, and who are now living off and eating away our hard-earned standard of living, or whatever is left of it.
Edwin Formosa
Oct 2nd 2008, 17:38
""Is it his Christian values?"" And what are yours ? Or are you valueless ?? Let us know the party with no Christian values if you know any.
Lawrence Martinelli
Oct 2nd 2008, 15:26
The story so far =
1st. : Mr.Closer flew back to Germany promising.
2nd. : The EU would help on a voluntary basis.
Now it seems all EU. countries have the same problem.
What next ?
Regarding the Italian warship rescueing the boat people & bringing them
WITHIN Malta - Lybia sea-border......Who gave the right to that warship to head for Malta ?
I was a merchant seaman , and as the story goes , "rescued due to bad weather" sounds
comical.....were the boat people safer on Maltese patrol boats than on the "sturdy" Italian warship ? I have the "sneaky" feeling that orders where given to do so otherwise
the boat people had to be taken to Italy or , more still , if taken back to Libya , Mr. Ghaddafi
would have summoned the Italian P.M. (under the tent ) , to be given a lecture , and why not ? ......more compensation for some forgotten colonial mis-behaviour .
Lawrence ( my name's sake) Gonzi , must now think that he was a bit naive to think the
grass was greener on the EU side of the fence.
James Dimech
Oct 2nd 2008, 15:14
Why does everyone keep lambasting the EU? It is true that they are still far from solving this problem. However the 'voluntary' help we are getting has to be compared with the 'nil' we would get if we were not in. At least Malta has managed to get illegal immigration top into the EU agenda. At least thanks to ppl. such as Simon Busuttil and Carm Mifsud Bonnici, they are acknowledging that they owe us something. Picture us doing that or solving this problem as non-members
Also...before anyone starts writing hogwash, the influxes since 2002 have nothing to do with our EU membership. These immigrants are saved from the sea by Malta. Malta is obliged to do this under international maritime law, EU or not.
louise vella
Oct 2nd 2008, 15:01
"Member states are still sovereign countries and no one can force them to take asylum seekers from another country,"
Can Dr Gonzi then tell us who or what has been forcing Malta (supposedly a sovereign country) to take asylum seekers? Is it the NGOs? Is it his Christian values?
Diane McMahon
Oct 2nd 2008, 14:44
Well..the EU worked for me as I am now in N.Ireland, but I do think Malta would have been better doing a pact with Northern Africa! The immigrants would not have come close to the island & at the end of the day the Arabs have all the oil!... what does europe have?... a Financial Crisis!...Ah well, chin up it will be over in 10 or 15 years & the guys at the top would be still as rich as ever! :-)
George Mifsud
Oct 2nd 2008, 11:38
When are you going to change your mentality that Malta is a sovreign state? Stop the mentality that we were colony under the British then funds from Italy and now help from all EU countries. Just grow up and stand alone for your rights but stop the blaming game. Surely you seem to act like a bunch of wankers !!
Well done Dr Carm - keep up the good work
R Frendo
Oct 2nd 2008, 11:14
@P Debono
There is no alternative to the EU for Malta - you have to take the good with the bad and realise that overall we are doing very very well. It is only those with a myopic view that think otherwise - the alternative was (is) unthinkable!
The EU has rules which are negotiated between all member states - we joined late and can only influence future changes - as we did in the case of this Pact. The makku had its say and made a difference - and that is what the EU is all about.
Malta is moving in the right direction and moving faster in some sectors than in others - it is only those who are resistant to change that find the going tough - pulling back and trying to maintain the status quo.
Joanne Micallef
Oct 2nd 2008, 11:11
"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,"
Then why was Malta made to ratify some of the outstanding articles of the 1951 UN Convention Relating to the Status of Refugees in order to be accepted as a member state? Applying the same reasoning Malta as a Sovran state should have been free to decide whether it wanted to ratify the articles concerned or not.
Considering our country's small size and its position in the centre of the Mediterranean, the EU should never have pretended that we take on an unlimited influx of refugees as would be the case once the Convention was fully ratified.
Reg Fitzpatrick
Oct 2nd 2008, 11:06
What a wonderful reminder: The presidency's spokesman said: “Member states are still sovereign countries and no one can force them to take asylum seekers from another country,"
So why does Malta continue to accept them????????
We moved here permanently 3 years ago because the whole social structure in England has been sytematically destroyed by immigrants. Here we found a wholesome, family-orientated society, please don't let it be destroyed! People with different morals and attitudes are picking away at it already. Once you lose it, it is gone forever!
Anthony Roberts
Oct 2nd 2008, 10:43
Not so long ago Euronews stated that Malta was the only country not receiving any assitance from the EU. When we joined the EU the first problem we had was the immigrants and this was solely because we joined the EU. The ride started as soon as Malta voted yes.
C. Borg
Oct 2nd 2008, 10:39
There is a great difference between article titles "Malta gets it's way", and "Voluntary burden sharing only option available".
I. M. Dingli
Oct 2nd 2008, 09:46
Let us hope for the best.
Edward Cassar
Oct 2nd 2008, 09:36
THe spokesman said 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.
So we as a sovereign country can refuse to keep all the illegal migrants in when they come by boats etc.
Sandro Pace
Oct 2nd 2008, 09:25
The offer to the EU for compulsory burden sharing should have been only a symbolic one. It was not expected that they 'guarantee' perpetual and systematic help. They are not mad. Given that they refused, it gives Malta rights to take some actions.
I think everyone is tackling it wrong. Malta should not have signed as there is not enough commitment towards boarder control, operational actions in curbing the influx at sea, pressuring departure countries to curb it themselves and accept them back, actions against traffickers getting rich on our backs.
Malta cannot continue to process that amount of people. Given the chance, Malta should immediately return immigrants to where they departed from. Even stated as a point of principle.
The government backed up and surrendered. As usual, the EU chose the immigrants' rights over the Maltese ones.
Michelle Dali
Oct 2nd 2008, 09:16
Just an observation...
Quote from article regarding hunting in Malta: ' Earlier this year, following an urgent injunction by the European Commission, the European Court of Justice ORDERED the Maltese government not to allow spring hunting'.
Quote from this article: '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".'
It seems that Malta is the only member state that the EU can give ORDERS to...
Charles Sammut
Oct 2nd 2008, 09:02
"burden-sharing commitment was on a voluntary basis."
Playing with words. This is an insult. Typical Eurospeak.
The very word "commitment" implies a form of contract, a legally binding agreement. It can never be qualified by "voluntary". You either pledge to do something or you don't. There are no ifs and buts.
Surely, even the Euro-addicts can see this.
We should apply the rules of Search & Rescue in our area of responsibility on a similar principle, namely on a VOLUNTARY basis and only respond to genuine cases of ships or aircraft in distress and not to self-inflicted situations which up till now obliged us to pick up anything floating in the Mediterranean.
What's sauce for the goose is sauce for the gander.
philip pace
Oct 2nd 2008, 08:56
Does the senate at Mount Olympus think that we are stupid?
A word to the learned, policies are just like the weather, they change.
What commitment?
Time shall prove that the EU has been caught napping on this matter as it doesn't know how to think ahead when the same problem is eroding the big countries within the same EU.
It is all defensive speculative talk that has no substance.
The EU is simply interested in its utopian dream to make Europe as the United States of Europe.
It would remain a dream, forever.
P Debono
Oct 2nd 2008, 08:38
The EU keep taking us for a ride!!!!!!!!!!!