Malta's three Labour MEPs will join their Nationalist colleagues and vote against new border patrol guidelines which put the onus on the country hosting the Frontex mission if illegal immigrants are rescued at sea.
However, MEP Louis Grech admitted his delegation had failed to convince fellow Socialist parliamentarians to oppose the controversial rules and adopt a similar position for Thursday's vote.
The proposed Frontex guidelines by the European Commission and endorsed by the Council would introduce a new code of engagement to be used in future anti-migration patrol missions.
Last week, the Civil Liberties Committee (LIBE) of the European Parliament voted in favour of a resolution promoted by Nationalist MEP Simon Busuttil to reject the draft guidelines endorsed earlier this year by the Council, despite opposition from Malta and Italy.
The EP's legal services argued that the Commission and the Council had exceeded their legal powers when drafting these rules. Malta has also said the new guidelines were against its national interest.
During the LIBE vote, Dr Busuttil's initiative was endorsed by the MEPs of the EPP, Liberals, Conservatives and Greens while the Socialists, who were also responsible for drafting the EP's position, voted in favour of the rules.
Days before the LIBE vote was taken, both the Presidency and the Commission, through a personal letter sent to all MEPs by Home Affairs Commissioner Cecilia Malmstrom, pressed parliamentarians to approve the rules to ensure they come into force before the start of this year's 'migration season'.
The guidelines' rejection will also have to be endorsed by the EP plenary. If the LIBE recommendation is confirmed the Commission will have to scrap the proposed rules and start afresh through a new legislative proposal which will take at least another three years to come into force.
Mr Grech said his delegation disagreed with the position taken by the Socialist rapporteur on the dossier, Michael Cashman, and declared that during the plenary the Maltese Labour delegation would be joining the opposition against the new rules. He admitted his delegation was not successful in its attempts to persuade his group to change its stance.
Mr Grech reiterated Labour MEPs believed that the new proposed guidelines were not in Malta's interest.
"I have a major problem not only with the legal aspect but also with the contents of these guidelines as some of the proposals (if adopted) would have serious repercussions for Malta and other EU Mediterranean countries vis-à-vis migration," Mr Grech said.